Retail & E-Commerce

  • March 04, 2024

    Apple Fined €1.8B For Restricting Music Streaming Developers

    The European Union's antitrust authority said Monday that it has fined tech giant Apple €1.8 billion ($1.95 billion) for abusing its dominant position in the market for music streaming apps by preventing developers from letting iPhone users know about cheaper subscriptions.

  • March 01, 2024

    General Mills Hit With False Ad Suit Over Pesticide In Cheerios

    A General Mills Inc. customer filed a proposed class action in New York federal court Thursday, alleging the company's labeling of its Cheerios brand is deceptive because it does not disclose that the cereals could contain dangerous levels of a pesticide that can reduce fertility and harm fetuses.

  • March 01, 2024

    WTO To Wind Down Block On Digital Trade Tariffs

    World Trade Organization members agreed Friday to maintain a long-running block on tariffs for electronic transmissions for two more years before allowing it to permanently expire, a compromise outcome that is unlikely to satisfy American businesses.

  • March 01, 2024

    FTC Wants To Split Amazon Antitrust Trial

    The Federal Trade Commission has asked a Washington federal court to split its landmark monopolization case against Amazon into two phases, with a trial to determine if the company violated antitrust law and another to mull potential fixes if the court finds that it did.

  • March 01, 2024

    ​​​​​​​Amazon Shareholder Seeks Prime Info In Del. Chancery

    An Amazon stockholder has sued the online shopping and media giant in Delaware's Court of Chancery to obtain internal documents regarding what the investor and the government have called misleading schemes by the company to drive up Prime service subscriptions and confound customers who try to cancel their paid membership.

  • March 01, 2024

    MNC Capital Enters Vista Outdoor Takeover Fray With $2B Bid

    MNC Capital Partners LP has submitted a proposal to acquire Vista Outdoor Inc. for $2 billion, despite Vista entering a merger agreement last year to be acquired by a different company, according to Friday statements.

  • March 01, 2024

    Top Groups Lobbying The FCC

    The Federal Communications Commission heard from companies and interest groups close to 200 times in February on subjects ranging from net neutrality rules to "all-in" cable pricing, device security labels, minimum broadband speeds and more.

  • March 01, 2024

    'We Don't Know If They Prejudged Meta,' Judge Says Of FTC

    The D.C. federal judge handling Meta's case attacking the Federal Trade Commission's constitutionality and its efforts to reopen a 2020 privacy settlement balked Friday at preliminarily stopping the agency from banning the monetization of children's data.

  • March 01, 2024

    Suave Deodorant Buyers Ink $2M Settlement With Unilever

    A proposed class of antiperspirant buyers is asking an Illinois federal court to give the go-ahead to a $2 million settlement with Unilever United States Inc. over claims that it sold Suave products with dangerous amounts of benzene.

  • March 01, 2024

    Amazon Didn't Dupe Prime Buyer With TV Deal, Judge Rules

    An Amazon Prime customer who says he was tricked into thinking he saved $700 on a TV can't pursue fraud and deceptive practice claims against Amazon, an Illinois federal judge has ruled, finding that even if he only saved $100 compared to recent pricing, he still got exactly what he paid for.

  • March 01, 2024

    Mich. Wineries Crush Town's Live Music, Catering Bans

    A Michigan federal judge has again ruled that a township's bans on wineries hosting amplified live music and catering are preempted by state regulations, narrowing a long-running zoning dispute ahead of an April trial.

  • March 01, 2024

    Pool Co. Hit With $15M Verdict On Rival's False Ad Claims

    A swimming pool equipment manufacturer is on the hook for nearly $15 million after a North Carolina federal jury found it liable on Friday for false advertising and unfair business practices, but it otherwise escaped infringement claims stemming from the use of its rival's trademarks on Amazon product listings.

  • March 01, 2024

    Amazon Seller Can Tap DIP Funds, Aims For Quick Ch. 11

    A New Jersey bankruptcy judge allowed Amazon aggregator Thrasio Holdings Inc. to tap into $35 million of its $360 million post-petition financing package on Friday, over objections from a bankruptcy watchdog, and approved other measures that will allow the third-party seller to continue hawking pillows, cocktail shakers, hiking poles and hundreds of other goods online through its Chapter 11 case.

  • March 01, 2024

    'Confusing' Class Cert. Bid Shot Down In Ga. 'No Lemon' Suit

    A Georgia federal judge refused Thursday to grant class certification to consumers who say they were denied appliance replacements by a pair of warranty companies, finding their proposed class was based on a "terse analysis littered with vague and conclusory assertions."

  • March 01, 2024

    Dollar General Resolves Black Ex-Worker's Retaliation Suit

    Dollar General settled a Black former worker's lawsuit alleging she was unlawfully fired not long after she complained about race discrimination to the U.S. Equal Employment Opportunity Commission, according to a filing in Mississippi federal court Friday.

  • March 01, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a legal battle between confectionary heavyweight Mars Wrigley UK and a frozen food manufacturer, a trademark infringement claim by Abbott Diabetes Care over glucose monitoring meters, Mercedes-Benz Group hit with two commercial fraud disputes, and the Mediterranean Shipping Company tackle a cargo claim by an insurance company. Here, Law360 looks at these and other new claims in the U.K.

  • February 29, 2024

    Amazon Cuts Deals With Mastercard, Banks In Fee MDL

    Amazon told a New York federal court Thursday that it has reached settlement agreements with Mastercard and several banks, after reaching a previous deal with Visa, over allegations that anti-competitive conduct by the card companies and banks caused the online retail giant to overpay for transaction fees.

  • February 29, 2024

    Real Estate Tech Co. Opendoor Beats Investor Suit, For Now

    Real estate marketplace giant Opendoor Technologies Inc. has beaten, for now, a suit accusing it of misleading investors about its artificial-intelligence-powered algorithm and ability to remain profitable, with an Arizona federal judge ruling that many of the challenged statements in the suit are not actually false or misleading.

  • February 29, 2024

    Sunscreen Can't Be 'Waterproof,' Suit Says

    MISSHA and A'pieu sunscreen customers have told a New Jersey federal judge that the claims by the company behind those brands that its products are "waterproof" don't hold up, because in fact the sunscreen that doesn't wash away eventually does not exist.

  • February 29, 2024

    Children's Clothing Co. Overstated Sales Prospects, Suit Says

    Children's clothing retailer and wholesaler The Children's Place artificially inflated stock prices by overstating sales guidance and concealing its promotion strategy, damaging investors when disappointing financial results and a guidance-cut announcement led to a share decline, according to a recent proposed class action.

  • February 29, 2024

    Boeing To Pay $51M To End 199 Arms Export Violation Claims

    The Boeing Co. will pay $51 million to resolve nearly 200 export violations that threatened U.S. national security when its foreign employees downloaded and transferred technical data in violation of the International Traffic in Arms Regulations, with $24 million to go toward compliance efforts, the U.S. Department of State announced Thursday.

  • February 29, 2024

    Mexico Must Close Mine To Fix Labor Violations, US Says

    Shuttering a Grupo Mexico-owned mine until management negotiates with workers' lawfully designated labor union is the only way to resolve rights violations at the facility, the United States told an international dispute settlement panel in its closing remarks Wednesday.

  • February 29, 2024

    Epic, Google Are At App Store Antitrust Remedies 'Impasse'

    Epic Games Inc. and Google LLC told a California federal judge on Wednesday that they are at an impasse over the potential changes Google will have to make following the Fortnite game developer's jury trial win on antitrust claims related to Google Play Store and Android apps.

  • February 29, 2024

    Calendar Co. Says Feds Trying To Nix Evidence They Spoiled

    A calendar company challenging a tariff classification for its planners has told the U.S. Court of International Trade it found the government's bid to strike part of the company's opposition brief ironic given a recent discovery that the government tampered with samples of the company's products, and in a way that supports the company.

  • February 29, 2024

    Amazon Seller Thrasio Seeks $360M DIP Facility In Ch. 11

    Thrasio Holdings Inc., which aggregates third-party brands for sale on Amazon, has urged a New Jersey bankruptcy court to sign off on an agreement the company struck with lenders to finance the consumer goods business' Chapter 11 case to the tune of $360 million.

Expert Analysis

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • 2 Emerging Defenses For Website Tracking Class Actions

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    Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Series

    ESG Around The World: Gulf Cooperation Council

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    The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.

  • Steps For Companies New To Sanctions Compliance

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    Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Key Lessons After A Rare R&W Insurance Ruling

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    The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Retailers Must Be Mindful Of Sale Ads As Class Actions Rise

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    A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.

  • NY's Revamped Card Surcharge Ban Is Unique Among States

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    Newly revised New York legislation bolsters the state's ban on credit card surcharges, potentially reinvigorating similar laws across the country despite the fact that many of them have been ruled unconstitutional, say Tom Witherspoon and Audrey Carroll at Stinson.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

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