Retail & E-Commerce

  • April 11, 2024

    Exploding Shower Door Injury Suit Must Stay In Fed. Court

    A lawsuit seeking to hold a plumbing fixture company and Home Depot liable for injuries a child suffered when a shower door "exploded" will not be sent back to state court, a New Jersey federal judge ruled, saying an agreement to cap damages won't shake federal jurisdiction.

  • April 11, 2024

    1st Challenge To NLRB Structure Axed For Lack Of Standing

    A Washington, D.C., federal judge tossed a constitutional challenge to the National Labor Relations Board's structure filed by two Starbucks employees, ruling that the National Right to Work Legal Defense Foundation-represented baristas did not have standing to sue.

  • April 11, 2024

    Commerce Rebuked For Not Explaining Penalty In Duty Order

    The U.S. Court of International Trade ordered the U.S. Department of Commerce to re-explain a 10.54% penalty included in a Chinese ribbon company's countervailing duties, saying Commerce's latest defense relied on information unavailable to the court.

  • April 11, 2024

    Medical Cannabis Ads Are Lawful In Miss., 5th Circ. Told

    A Mississippi medical marijuana dispensary is urging the Fifth Circuit to find that state regulations restricting cannabis advertising violate the First Amendment right to free speech, and that the state cannot hide behind the drug's federal illegality.

  • April 11, 2024

    Jury Frees Urban Outfitters From Trade Secrets Suit

    Urban Outfitters on Thursday beat back a lawsuit from a bankrupt online fashion rental company claiming the retailer stole its proprietary information to set up a competing business, with a Philadelphia federal jury finding that the clothing chain did not misappropriate trade secrets.

  • April 10, 2024

    States, Wild Cards & Time: Hurdles Facing Privacy Law Push

    Congress has what many experts are calling its best chance to enact a national data privacy framework, after key leaders this week announced a surprising deal on the topic. But several factors could still derail the promising proposal, including influential stakeholders that have yet to weigh in, the upcoming election and the longstanding debate over who should enforce the law.

  • April 10, 2024

    DOJ's Apple Antitrust Suit Gets New Judge After Recusal

    The New Jersey federal judge overseeing the U.S. Department of Justice's recent iPhone antitrust case against Apple recused himself from the litigation Wednesday, according to a text order posted to the docket reassigning the case.

  • April 10, 2024

    US, Mexico Resolve Labor Complaints At Two Mexico Plants

    Workers at two Mexico automotive part facilities can now organize under a union of their choice after concerns of labor violations were resolved through the U.S.-Mexico-Canada Agreement's labor rights tool, the Office of the U.S. Trade Representative announced.

  • April 10, 2024

    UGG, Wal-Mart Ordered To File More Details On Slipper Patent

    A California federal judge has ordered Deckers Outdoor Corp. and Wal-Mart Inc. to submit joint briefing on claim construction for an UGG slipper design patent that Deckers alleges the big-box retailer is infringing, saying there is insufficient information for the court to make a decision on summary judgment.

  • April 10, 2024

    Plastic Surgeon Owes $7.7M From Offshore Scheme, US Says

    A now-retired plastic surgeon owes the Internal Revenue Service more than $7.7 million after he ran an offshore employee leasing scheme and he and his wife transferred nearly all their assets to their then-11-year-old daughter, who is now a lawyer, the government told an Ohio federal court.

  • April 10, 2024

    Amazon Hit With $525M Verdict Over Data Storage Patents

    An Illinois federal jury on Wednesday found that Amazon infringed three of a Chicago software company's patents relating to cloud data storage technology, determining that while the infringement was not willful, Amazon owes $525 million in damages.

  • April 10, 2024

    Dormant Commerce Applies To Cannabis, 2nd Circ. Told

    A California lawyer whose companies have filed multiple lawsuits challenging state and local cannabis licensure programs has urged the Second Circuit to find that the dormant commerce clause of the U.S. Constitution applies to federally illegal marijuana.

  • April 10, 2024

    WTO Forecasts Global Trade Rebound But Warns Of Risks

    The World Trade Organization on Wednesday said it is forecasting an uptick in global trade this year and into 2025 following a decline in 2023 due to high energy prices and inflation, but warned that geopolitical tensions could hinder the rebound.

  • April 10, 2024

    Ex-CBD Exec Says He Was Duped Into Investment

    The former chief operating officer of health goods supplier and CBD seller Premier Beauty and Health LLC told jurors Wednesday that he was misled by the company's executives — who were also his family members — into investing in a company that was less profitable and stable than he had been told.

  • April 10, 2024

    Retailer 99 Cents Can Tap $60.8M DIP For Ch. 11 Winddown

    99 Cents Only can access $20.5 million of its Chapter 11 financing package, a Delaware bankruptcy judge ruled Wednesday, after attorneys for the discount retail chain resolved a handful of objections to first day approval of its debtor-in-possession loan.

  • April 10, 2024

    Pharmacy Gets Eli Lilly's Mounjaro Suit Tossed

    A Florida federal judge has thrown out Eli Lilly & Co.'s suit accusing an online pharmacy of wrongly selling a compounded version of its drug Mounjaro, saying Eli Lilly was "using state law to enforce the terms of" federal law.

  • April 10, 2024

    'Woodstock' Rivals Set To Test Weed-Adjacent Marks At Trial

    The promoter of the famed 1969 Woodstock music fair sparred Wednesday in Manhattan federal court with an alleged usurper of its prospective right to Woodstock trademarks in the evolving marijuana market, with a jury set to hear the strangely postured dispute.

  • April 10, 2024

    Settlements Prompt SC Cheer Abuse Case Dismissal

    Four suits levying sexual abuse allegations against competitive cheerleading's power brokers have been tossed from South Carolina federal court as a series of settlements have shifted the focus of the litigation from corporate giants to individual gyms and coaches.

  • April 10, 2024

    Trade Court Rules CBP Should've Labeled Planners As Diaries

    The U.S. Court of International Trade on Wednesday ruled that U.S. Customs and Border Protection improperly classified imports of a California calendar company's weekly-plus-monthly planners as notebooks, saying the products are diaries because they have spaces meant for jotting down reminders.

  • April 10, 2024

    Ex-Coupang Atty Fights Bid To Toss Whistleblower Suit

    A former in-house attorney at South Korean conglomerate Coupang told a Washington federal judge this week that his whistleblower claims against the company are valid according to the terms of his employment contract.

  • April 10, 2024

    9th Circ. Says Arbitration Carveout Doesn't Apply To Cos.

    Section 1 of the Federal Arbitration Act only applies to humans, not companies, a Ninth Circuit panel ruled Wednesday, affirming a Washington federal court decision shipping three Amazon workers' misclassification suit to arbitration.

  • April 10, 2024

    Freshfields Guides EBay On Multipronged Trading Card Deal

    Freshfields Bruckhaus Deringer LLP is guiding eBay Inc. on new agreements with collectibles grading company Collectors that include eBay acquiring Collectors' Goldin auction house, in what the companies said Wednesday is an effort to streamline the trading card hobby in the U.S.

  • April 10, 2024

    Pot Cos. Say California City Reneged On Fee Waiver Promise

    Six cannabis companies are suing the city of Cudahy in California federal court, saying the city breached its contracts by refusing to waive fees accrued during national emergencies and city-caused delays, costing the companies more than $26 million in damages.

  • April 10, 2024

    Macy's, Activist Firm End Board Fight, Takeover Talks Proceed

    Macy's and activist investment firm Arkhouse Management Co. said Wednesday they have settled their proxy dispute by appointing two independent directors to the retailer's board, paving the way for further negotiations regarding a prior $6.6 billion acquisition proposal submitted by Arkhouse and Brigade Capital Management LP.

  • April 09, 2024

    Walmart Hit With $101M Verdict In Trial Over PPE Contracts

    An Arkansas jury hit Walmart with a $101 million verdict Tuesday for breaching an agreement to purchase more than $500 million in personal protective equipment amid the coronavirus pandemic, while also finding in favor of the retail giant's tort counterclaims.

Expert Analysis

  • CSA Case Could Shift Intrastate Commercial Cannabis

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    In Canna Provisions v. Merrick Garland, cannabis companies argue that the Controlled Substances Act is unconstitutional as applied to intrastate commercial cannabis activity; the Massachusetts federal court's eventual decision will be important to the cannabis industry for several reasons, including that the threat of federal enforcement would disappear overnight, says Hilary Bricken at Husch Blackwell.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • Tips On Numerical Range From Fed. Circ. Philip Morris Ruling

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    The Federal Circuit's recent RAI v. Philip Morris decision that a patent provided sufficient written description to support a claimed numerical range offers several takeaways for practitioners, including the need for a cautious approach to criticism of ranges, say attorneys at BCLP.

  • Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness

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    The Federal Circuit’s recent ruling in Maxwell v. Amperex Technology highlights the complexities of construing patent claims when seemingly contradictory limitations are present, and that when a narrowing limitation overrides a broader one, they do not necessarily contradict each other, says Roy Wepner at Kaplan Breyer.

  • Legal Considerations For Circular Economy Strategies

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    As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.

  • 11th Circ. FMLA Ruling Deepens Divide Over Causation

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    The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.

  • 2nd Circ.'s Nine West Ruling Clarifies Safe Harbor Confusion

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    The Second Circuit’s recent ruling in Nine West’s Chapter 11 suit clarifies that courts in the circuit will apply a transfer-by-transfer analysis to determine the applicability of Section 546(e) of the Bankruptcy Code, and that to be safe harbored, a financial institution must act as an agent with respect to the specific transfer at issue, says Leonardo Trivigno at Carter Ledyard.

  • Enforcement Risk Amid Increased Consumer Data Use

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    While no state has introduced a private right of action for noncompliance with a comprehensive consumer privacy law — except for the California Consumer Privacy Act's data breach provision — organizations and retailers face risk from enforcement actions by state attorneys general and privacy regulators, say attorneys at Dentons.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Opinion

    The Problems In Calif. Draft Behavioral Ad Privacy Regs

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    The California Privacy Protection Agency has an opportunity with its automated decision-making technology and profiling rulemaking to harmonize California's regulation of data-driven advertising, but this will be a failure unless several things are changed in its proposed treatment of behavioral advertising, say Alan Friel and Kyle Fath at Squire Patton.

  • A New Push To Clear Up Marijuana's Foggy Legal Status

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    A recently publicized U.S. Food and Drug Administration recommendation to reschedule marijuana has reignited discourse over the drug's federal legal status — and although rescheduling would mitigate the legal risks for the industry and drastically increase the resources available for industry participants, the path forward will not be clear cut, say Joseph Cioffi and Louis DiLorenzo at Davis+Gilbert.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • The Corporate Transparency Act Isn't Dead Yet

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    After an Alabama federal court's ruling last week rendering the Corporate Transparency Act unconstitutional, changes to the law may ultimately be required, but ongoing compliance is still the best course of action for most, says George Singer at Holland & Hart.

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