Retail & E-Commerce

  • May 28, 2024

    Kroger, Albertsons Must Give FTC Texts, Written Notes

    Claims from a pair of multibillion-dollar grocery giants that a discovery request will pose financial burden held no sway over a Federal Trade Commission in-house judge who last week ordered Kroger and Albertsons to produce text messages and handwritten notes from key employees as part of the agency's merger challenge.

  • May 28, 2024

    Apple Denied Appeal Of Cert. In App Store Monopoly Suit

    The Ninth Circuit on Friday rejected Apple's interlocutory appeal of an order certifying a class of millions of App Store users who allege antitrust violations, paving the way for discovery to proceed as the case heads toward a trial currently set for February 2026.

  • May 28, 2024

    Pa. Designer Accuses Louis Vuitton Of Copying Styles

    A Philadelphia-area fashion designer has accused luxury clothing brand Louis Vuitton and its related corporate entities of allegedly copying her designs for women's apparel and fabrics.

  • May 28, 2024

    NC Pot Distributor Must Arbitrate Spat With 'Amazon Of Hemp'

    A cannabis distribution company has to arbitrate its case against an online retailer over a distribution agreement that went south, the North Carolina Business Court has ruled, finding the contract contained an "expansive" arbitration clause that includes the claims at issue.

  • May 28, 2024

    O'Reilly Auto Parts Inks $4.1M COVID Screening Settlement

    O'Reilly Auto Enterprises has agreed to pay $4.1 million to settle a California wage and hour lawsuit alleging that the company should have paid workers for the time they spent undergoing COVID-19 screenings before shifts and for work performed during meal breaks, according to a court memo.

  • May 28, 2024

    Justices Won't Hear Avenatti Appeal Of Nike Conviction

    The U.S. Supreme Court on Tuesday declined to hear an appeal from Michael Avenatti challenging his conviction for trying to extort millions from Nike, with the high court's rejection ending the disbarred attorney's chances at overturning one of his three criminal convictions.

  • May 28, 2024

    CSG Ups Bid For Vista's Sporting Biz To $1.96B

    Vista Outdoor Inc. on Tuesday announced that Czech defense company Czechoslovak Group AS increased its offer to purchase Vista's sporting products division to $1.96 billion, while the outdoor products company also noted it had rejected a $3 billion takeover bid from Dallas-based investment firm MNC Capital.

  • May 28, 2024

    FTX Exec Who Acted As Bankman-Fried 'Tool' Gets 7½ Years

    A Manhattan federal judge hit cryptocurrency finance expert and former FTX executive Ryan Salame with a 7½-year sentence Tuesday for duping a bank to authorize $1.5 billion of illegal transfers and making fraudulent campaign contributions for the exchange's convicted founder, Sam Bankman-Fried.

  • May 28, 2024

    High Court Won't Hear Case Over Fed. Circ.'s 1-Line Orders

    The U.S. Supreme Court on Tuesday shot down a bid for review from a businesswoman behind a small printing company challenging the Federal Circuit's practice of issuing one-sentence Rule 36 orders.

  • May 24, 2024

    Live Nation Ticket Buyers Follow Feds With Antitrust Suit

    Live Nation and Ticketmaster were hit with a consumer antitrust proposed class action Thursday accusing them of monopolizing concert promotion and ticketing for major concert venues following their 2010 merger, which comes on the heels of the U.S. Department of Justice's own lawsuit.

  • May 24, 2024

    Sony Denied Early Bid To Block PlayStation Antitrust Class

    A California federal judge Friday denied Sony's preemptive bid to deny class certification in a suit accusing it of overcharging PlayStation Store users through a monopoly on downloadable game cards, saying Sony has yet to show that the plaintiffs are bound by class action waivers, or it can enforce arbitration.

  • May 24, 2024

    China Tariffs To Return For Air Fryers, Bikes, Chairs In June

    The Office of the U.S. Trade Representative announced Friday the end of tariff relief for hundreds of items currently exempt from duties covering over $300 billion worth of Chinese goods, with mainly commercial product exclusions set to continue.

  • May 24, 2024

    Top Senate Banking Dem Presses DoorDash On Biz Advances

    Food ordering and delivery platform DoorDash has come under fire from the chair of the U.S. Senate's banking committee over merchant cash advance products offered on its platform, with the lawmaker saying the typically high costs of such offerings bear "a troubling similarity to payday lending practices."

  • May 24, 2024

    Carhartt Heiress Atty Can't Get Mistrial Over Own Witness

    A Michigan attorney can't get a mistrial in a criminal case accusing him of embezzling millions from his wealthy Carhartt heiress client after his own witness discussed the heiress' $37 million potential loss during cross-examination, with a state judge saying Friday he was mystified why the witness was even called but that the defense had insisted on it. 

  • May 24, 2024

    Walgreens Must Face $200M Cooler Screen Contract Claims

    A technology company's $200 million contract suit against Walgreens remained intact Friday, as an Illinois state judge rejected the pharmacy retailer's bid to dodge accusations that it breached a contract to install "smart coolers" at thousands of stores simply because its latest CEO didn't like how they look.

  • May 24, 2024

    Petition Watch: Forum Shopping, Monopolies & Gun Safety

    Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks, including the FDA's request that the justices curb an increase in forum shopping at the Fifth Circuit, and two veterinarians who want the justices to allow plaintiffs to pursue antitrust claims for actions allegedly leading to the creation of a monopoly.

  • May 24, 2024

    CVS Hit With PAGA Suit Alleging OT, Records Violations

    CVS Pharmacy Inc. regularly requires employees to work overtime due to understaffing and unreasonably high workloads without appropriately compensating them, and the company alters records by clocking employees out to make it seem it is complying with labor laws, according to a lawsuit filed Thursday in California state court.

  • May 24, 2024

    Bungie Cheat Code Sellers Hit With $63K Copyright Verdict

    A federal jury said Friday that people behind a video game cheat code owe Bungie about $63,000 for replicating a sci-fi shooter's code to make the cheat software and peddle it on the internet, capping off a nearly weeklong copyright trial in Seattle.

  • May 24, 2024

    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

  • May 24, 2024

    US Cos. Call On Fed. Circ. To Restore Chinese Plywood Duties

    A U.S. plywood group is urging the Federal Circuit to unwind five U.S. Court of International Trade remands that shrank a Chinese competitor's anti-dumping duties from 183.36% to nothing, saying the court forced the government to accept unreliable data.

  • May 24, 2024

    Off The Bench: NCAA Settles House NIL Class Action

    In this week’s Off the Bench, the NCAA settles its court dispute with hundreds of thousands of athletes over name, image and likeness compensation, NFL rookie Marvin Harrison Jr. is taken to court over an endorsement contract, and former Super Bowl champion Antonio Brown’s post-career life is burdened further by bankruptcy. If you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.

  • May 24, 2024

    No Private Suits Under State Enviro Law, Ill. Justices Say

    The daughter of a woman badly burned in a condominium complex explosion cannot bring bodily injury claims against Marathon Petroleum Co. and others under Illinois' environmental protection laws because they do not provide private statutory rights of action, the Illinois Supreme Court has ruled.

  • May 24, 2024

    Stew Leonard's Sued Over Dancer's Peanut Allergy Death

    The family of a U.K.-born dancer is suing the Stew Leonard's grocery store chain, alleging its failure to update labels of cookies that contained peanuts led to her death at age 25 from an allergic reaction.

  • May 24, 2024

    Feds Prep Dumping Duties On Indonesian, Ecuadorian Shrimp

    The U.S. Department of Commerce preliminarily found that Ecuadorian and Indonesian shrimp were being sold in the U.S. at unfairly low prices, unveiling a slate of tariffs to address the dumping.

  • May 24, 2024

    Big Win For Activist As Full Gildan Activewear Board Resigns

    The entire board of apparel company Gildan Activewear Inc., including its president and CEO Vince Tyra, have all resigned from the company after months of facing pressure from activist investor Browning West.

Expert Analysis

  • TTAB Ruling Raises Foreign-Language Mark Questions

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    The Trademark Trial and Appeal Board's recent decision to cancel the Veuve Olivier registration due to its similarity to Veuve Clicquot brings new focus to the treatment of foreign terms and the doctrine of foreign equivalents, say attorneys at Finnegan.

  • Best Practices To Accommodate Workplace Service Animals

    Excerpt from Practical Guidance
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    Since the U.S. Equal Employment Opportunity Commission recently pledged to enforce accommodations for people with intellectual, developmental and mental health-related disabilities, companies should use an interactive process to properly respond when employees ask about bringing service animals into the workplace, say Samuel Lillard and Jantzen Mace at Ogletree.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • Opinion

    State-Regulated Cannabis Can Thrive Without Section 280E

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    Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.

  • 4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule

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    If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.

  • 8 Legal Issues Influencing Investors In The Creator Economy

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    The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • CFPB Reality Check: Video Game Cash Is Still Money

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    The Consumer Financial Protection Bureau's recent report examining payments within online video games indicates that financial services offered within the game marketplace are quickly evolving to the point where they are indistinguishable from traditional financial services subject to regulation, say attorneys at Sheppard Mullin.

  • Is The Digital Accessibility Storm Almost Over?

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    Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.

  • PE In The Crosshairs Of Public And Private Antitrust Enforcers

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    A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • 2nd Circ. Eminent Domain Ruling Empowers Municipalities

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    The Second Circuit's recent decision in Brinkmann v. Town of Southold, finding that a pretextual taking does not violate the Fifth Amendment's takings clause, gives municipalities a powerful tool with which to block unwanted development projects, even in bad faith, say James O'Connor and Benjamin Sugarman at Phillips Lytle.

  • What 100 Federal Cases Suggest About Changes To Chevron

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    With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.

  • Microplastics At The Crossroads Of Regulation And Litigation

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    Though there are currently not many federal regulations specifically addressing microplastics as pollutants, regulatory scrutiny and lawsuits asserting consumer protection claims are both on the rise, and manufacturers should take proactive steps to implement preventive measures accordingly, say Aliza Karetnick and Franco Corrado at Morgan Lewis.

  • Recent Wave Of SEC No-Action Denials May Be Slowing

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    The U.S. Securities and Exchange Commission in March granted no-action relief to Verizon and others on the grounds that a director resignation bylaw proposal would mean violating Delaware law, bucking recent SEC hesitation toward such relief and showing that articulating a basis in state law is a viable path to exclude a proposal, say attorneys at Winston & Strawn.

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