Retail & E-Commerce

  • May 16, 2024

    Pa. Pot Co. Says No Deal To Breach In Growth IP Suit

    A Pennsylvania cannabis cultivator is asking a federal court to dismiss a suit claiming it broke an oral agreement with a consulting firm and continued to use the firm's trade secrets, saying no oral contract existed, nor was the firm's information trade secrets.

  • May 16, 2024

    Biden Admin Proposes To Loosen Restrictions On Marijuana

    President Joe Biden on Thursday announced that his administration has formally recommended relaxing restrictions on marijuana, marking the most significant federal policy shift on cannabis since the drug was criminalized more than 50 years ago.

  • May 16, 2024

    Weighted Baby Swaddle 'Inherently Dangerous,' Suit Alleges

    A Massachusetts company has been hit with a proposed class action over its allegedly "inherently dangerous" weighted baby blankets and swaddling wraps, a product category suspected in multiple infant deaths and under investigation by the Consumer Product Safety Commission.

  • May 16, 2024

    Nordstrom Settles Patagonia's Suit Over Alleged Counterfeits

    Patagonia has agreed to toss its trademark lawsuit accusing Nordstrom's Nordstrom Rack discount stores of selling thousands of "obvious counterfeits" after their partnership ended and then refusing to issue a recall on the products once Patagonia complained.

  • May 16, 2024

    Olo Investor Sues In Chancery To Stop Raine Group Takeover

    A shareholder in New York online food-ordering company Olo Inc. sued its officers, directors and largest stockholder in Delaware's Court of Chancery on Wednesday, alleging the board had approved a stock buyback program that would hand control of the company to its largest shareholder for no consideration.

  • May 15, 2024

    Arizona AG Lobs Suits Over 'Deceptive' Amazon Practices

    Arizona Attorney General Kris Mayes on Wednesday filed a pair of suits claiming that Amazon Prime's cancellation process and other features are deceptive, misleading and have led to higher prices for consumers.

  • May 15, 2024

    'Law And Order' Star Sues Instacart Over Dog's Shooting

    "Law & Order" actor Angie Harmon has filed a lawsuit against Instacart and a delivery driver who she claims shot and killed her dog while delivering groceries to her home, according to the complaint lodged in North Carolina state court.

  • May 15, 2024

    DocuSign Investors Near Cert. In Post-COVID Prospects Fight

    A California federal judge told counsel Wednesday he's inclined to certify a class of investors who allege DocuSign and its top brass misled investors about the e-signature company's post-pandemic growth prospects, saying DocuSign's challenges to the class-wide damages model seem premature, and the investors easily meet other class certification requirements.

  • May 15, 2024

    Calif. Atty Tells 4th Circ. Dormant Commerce Applies To Pot

    A California lawyer who has filed lawsuits challenging state and local cannabis licensure programs spearheaded an appeal at the Fourth Circuit asking it to find that the dormant commerce clause of the U.S. Constitution applies to federally illegal marijuana.

  • May 15, 2024

    Bolt Financial Cancels $37M In Shares To End CEO Loan Suit

    Bolt Financial Inc. will cancel over $37 million in shares to settle a derivative suit against the company's board of directors that accuses its former CEO of purposely defaulting on a $30 million loan, according to a filing in Delaware's Court of Chancery.

  • May 15, 2024

    2nd Circ. Calls Starbucks' Union Discovery Order 'Overbroad'

    The Second Circuit on Wednesday revived the National Labor Relations Board's suit seeking to halt Starbucks' alleged labor violations nationwide, finding that the lower court erred in tossing the suit for noncompliance with its "overbroad" discovery order granting the coffee chain's subpoenas seeking confidential union intel and workers' communications.

  • May 15, 2024

    Feds Urge Prison For Convicted Baby Formula Fraudster

    Urging the judge to communicate the gravity of white collar crime, federal prosecutors in New York asked Wednesday that a Staten Island man get at least 2.25 years in prison after he pled guilty to forging baby formula prescriptions as part of a scheme to defraud insurers of $1.9 million.

  • May 15, 2024

    En Banc 9th Circ. Will Mull Jurisdiction In Shopify Privacy Suit

    The Ninth Circuit agreed to review en banc a panel's decision dismissing a suit alleging payment processing company Shopify collects shoppers' sensitive information without permission, after the plaintiff argued the full court should hear the case to resolve how to assess personal jurisdiction in online misconduct cases.

  • May 15, 2024

    Exec Wants No Jail In Landmark Product Safety Conviction

    A former Gree USA executive convicted of failing to immediately report defective dehumidifiers known to catch fire, has asked a California federal judge to sentence him to probation and not incarceration, citing several companies that delayed reporting longer than he did and caused greater harm to customers but weren't criminally charged.

  • May 15, 2024

    Little People Wrestling Co. Starts 'Micro' TM Fight With Rival

    Low Budget Rock Star Entertainment LLC, which produces wrestling entertainment featuring little people, has accused two men of infringing its trademark by using the word "micro" in their own wrestling ventures, according to a lawsuit filed in Florida federal court.

  • May 15, 2024

    EEOC Suit Over Vax Refuser's Firing Survives Dismissal Bid

    Arkansas-based Hank's Furniture Inc. must face a U.S. Equal Employment Opportunity Commission lawsuit claiming it unlawfully fired a Christian manager who refused the COVID-19 vaccine, with a Florida federal judge ruling the agency plausibly alleged her beliefs conflicted with the company's inoculation policy.

  • May 15, 2024

    Arizona Judge Revives Opendoor Investors' Securities Suit

    An Arizona federal judge has revived a consolidated securities class action accusing real estate company Opendoor Technologies Inc. of misleading investors about the benefits of its pricing algorithm software in order to go public in a reverse merger with a special-purpose acquisition company.

  • May 15, 2024

    'Misconduct Bingo Card' Warrants $2M In Fees, Co. Says

    Cozy Comfort, maker of the Comfy sweatshirt featured on "Shark Tank," has asked for nearly $2 million in fees — and about $8 million in additional interest — in a suit where a jury found that Chicago hooded sweatshirt retailer Top Brand owed over $18 million for infringing design patents and trademarks.

  • May 15, 2024

    Last-Mile Amazon Driver Does Interstate Work, Panel Says

    A driver for a logistics company who primarily made local deliveries for Amazon was engaged in interstate commerce and thus exempt from mandatory arbitration, a California appeals court has held, saying the worker's wage and hour claims can remain in state court.

  • May 15, 2024

    Chinese Art Marketplace, EV Co. Ink SPAC Deals Worth $834M

    Two Chinese companies, art marketplace Tyfon Culture Holdings and electric-vehicle maker Aiways Europe have announced plans to go public in the U.S. via mergers with special-purpose acquisition companies in deals that are together valued at around $834 million.

  • May 14, 2024

    Effect Of New China Duties Hinges On Allies' Response

    The effectiveness of new tariffs, announced Tuesday, on Chinese products including electric vehicles, semiconductors and solar cells to protect domestic industries may be determined more by the international community's response than the trade remedies themselves.

  • May 14, 2024

    FINRA Official Calls Off-Channel Flags 'Shockingly Common'

    A Financial Industry Regulatory Authority official said Tuesday that firms often veer into issues with off-channel business communications thanks to what's on their representatives' business cards and email signatures, and that the biggest red flag of recordkeeping violations are the habits of firms' own leaders and managers.

  • May 14, 2024

    Bedsheet Buyer Attys Clinch $3.5M Fee For Macy's Deal

    Lawyers representing a class of consumers that accused Macy's of lying about the thread count of its sheets will get $3.5 million as part of a $10.5 million settlement with the retailer, an Ohio federal judge ruled, but gave the lead plaintiffs a pittance, saying they did not work hard enough to get more.

  • May 14, 2024

    Lululemon Scores Partial PTAB Wins On Nike Patents

    The Patent Trial and Appeal Board has found that athletic apparel retailer Lululemon Athletica Inc. had shown that all the challenged claims of one Nike patent on fitness tracking technology and some of the claims of another patent are invalid.

  • May 14, 2024

    Stitch Fix Stockholder's Del. Suit Alleges $102M Insider Trades

    Insiders at online personal styling service Stitch Fix Inc. sold $102 million worth of company stock while hiding information for nearly 18 months about the company's faltering business prospects, a shareholder has alleged in a new Delaware Chancery Court complaint.

Expert Analysis

  • Wave Of Final Rules Reflects Race Against CRA Deadline

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    The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.

  • 9th Circ. Arbitration Ruling Could Have Int'l Implications

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    In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.

  • Chancery's Carvana Suit Toss Shows Special Committee Value

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    The Delaware Chancery Court’s recent dismissal of a stockholder complaint against Carvana illustrates how special litigation committees can be a powerful tool for boards to regain control after litigation alleging a breach of fiduciary duty, say attorneys at Morgan Lewis.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • Deciding What Comes At The End Of WTO's Digital Tariff Ban

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    Companies that feel empowered by the World Trade Organization’s recent two-year extension of the ban on e-commerce tariffs should pay attention to current negotiations over what comes after the moratorium expires, as these agreements will define standards in international e-commerce for years to come, say Jan Walter, Hannes Sigurgeirsson and Kulsum Gulamhusein at Akin Gump.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • Cos. Must Prepare For Calif. Legislation That Would Ban PFAS

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    Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.

  • Opinion

    SC's Courts Have It Wrong On Amazon Marketplace Sales Tax

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    The South Carolina Supreme Court should step in and correct the misguided change in tax law effectuated by lower court rulings that found Amazon owes state sales tax for marketplace sales made prior to the U.S. Supreme Court’s Wayfair v. South Dakota decision in 2018, says Hayes Holderness at the University of Richmond.

  • What Have We Learned In The Year Since Warhol?

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    In the almost year since the U.S. Supreme Court decided Andy Warhol Foundation v. Goldsmith, which was widely seen as potentially chilling to creative endeavors, seven subsequent decisions — while illuminating to some extent — do not indicate any trend toward a radical departure from prior precedents in fair use cases, says ​​​​​​​Jose Sariego at Bilzin Sumberg.

  • Highlights From The 2024 ABA Antitrust Spring Meeting

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    U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.

  • Patent Lessons From 8 Federal Circuit Reversals In March

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    A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • 3 Lessons From Family Dollar's Record $41.7M Guilty Plea

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    Family Dollar's recent plea deal in connection with a rodent infestation at one of its distribution facilities — resulting in the largest ever monetary criminal penalty in a food safety case — offers key takeaways for those practicing in the interconnected fields of compliance, internal investigations and white collar defense, says Jonathan Porter at Husch Blackwell.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

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