Retail & E-Commerce

  • March 27, 2024

    Amazon Can't Block DSA Ad Repository Requirements

    A European court reversed a ruling temporarily exempting Amazon from a set of regulations for large digital platforms, ruling Wednesday that — like Apple's App Store, Facebook and Instagram — Amazon will have to maintain a publicly available repository of advertising information, as mandated by the European Union's 2022 Digital Services Act.

  • March 27, 2024

    Kim Kardashian Accused Of Touting Fake Donald Judd Tables

    Kim Kardashian bought knockoff Donald Judd tables and chairs for her Skkn By Kim office space and then touted the furniture in a video to her 2 million YouTube subscribers as authentic pieces designed by the late artist, according to a lawsuit filed Wednesday in California federal court.

  • March 27, 2024

    Foreign Subsidy Rule Muddles 'Countervailable' Meaning

    The U.S. Department of Commerce's new final rule authorizing itself to investigate subsidies that governments give to manufacturers in other nations casts uncertainty over the definition of "countervailable" in the absence of clarity on how third-party governments will be incorporated into these duty probes. 

  • March 27, 2024

    Vrbo Host Is Breaking Zoning Regs, Conn. High Court Told

    Some justices of the Connecticut Supreme Court signaled on Wednesday that a lower court may have failed to provide a workable definition of the word "residence" when deciding that a Branford-based zoning board's regulations allowed short-term rentals through services like Vrbo and Airbnb.

  • March 27, 2024

    Cannabis Caucus Dems Urge Garland To Restore Pot Protections

    The two Democratic members of the U.S. House of Representatives' Congressional Cannabis Caucus blasted Attorney General Merrick Garland on Wednesday for not reissuing "overdue" protections for marijuana businesses acting in compliance with state and tribal law.

  • March 27, 2024

    Citi Can't Arbitrate Anti-Armenian Bias Claims, Court Told

    A California woman has urged a federal court to reject Citibank NA's motion to arbitrate her proposed class action accusing the bank of discriminating against consumers with Armenian surnames, saying it fails because it ignores a ruling in a separate case against Citibank that voided arbitration agreements that don't allow for public injunctive relief.

  • March 27, 2024

    Fed. Circ. Says Faulty Jury Directions Warrant New IP Trial

    The Federal Circuit on Wednesday granted Inline Plastics Corp. another chance to convince a Massachusetts federal jury that its tamper-resistant plastic containers were too successful for the underlying patents to be invalidated as obvious.

  • March 27, 2024

    Pool Co. Says Objection To Trial Attys Leaving Is 'Misplaced'

    A swimming pool equipment maker has hit back at objections to some of its counsel exiting the case after a nearly $15 million trial loss over false ad claims in North Carolina, saying its rival's grievances are "misplaced."

  • March 27, 2024

    DoorDash, Grubhub Want Docs From NY Restaurant Lobbyists

    DoorDash, Grubhub and Uber Eats have urged a Manhattan federal judge to let them subpoena the trade group executives who allegedly "worked closely" with officials on challenged New York City caps on fees that food delivery apps can charge restaurants.

  • March 27, 2024

    Ruger Beats Some Claims Over Online Shop Data Breach

    A Connecticut federal judge trimmed a data breach lawsuit Wednesday against gunmaker Sturm Ruger & Co. Inc. but did not fully dismiss the case, agreeing that a proposed class of plaintiffs had standing to press a breach of contract claim against the company, but the judge tossed accusations of negligence and unjust enrichment.

  • March 27, 2024

    Candy Co. Can Use Recipe Amid 'Chocolate Moonshine' Fight

    A Pennsylvania federal judge has refused to ban the candy maker Local Yokels Fudge from making or selling fudge, ruling the owner's ex-husband hadn't shown the company is still using his family's secret "Chocolate Moonshine" fudge recipe.

  • March 27, 2024

    47 House Dems Urge Changing Trade Deal To Stem Migration

    A large bloc of U.S. lawmakers has called on the Biden administration to remove what the lawmakers say is a damaging investor-state dispute settlement mechanism from the Central America-Dominican Republic Free Trade Agreement, warning federal government officials that it's a primary reason why migrants are leaving the region.

  • March 27, 2024

    LG Chem Mostly Wins Discovery Feud In Vape Battery Suit

    A New Jersey appellate court on Wednesday allowed an LG Corp. unit to prevail on 21 out of 22 discovery challenges in a suit over an exploding vape pen battery, saying the majority of the plaintiff's requests were overly broad and not tailored to his claims.

  • March 27, 2024

    9th Circ. Rejects Rust-Oleum's Bid To Sink Class Cert.

    The Ninth Circuit on Tuesday upheld the certification of a class of Rust-Oleum customers who are suing the company for allegedly greenwashing its degreaser products with the terms "non-toxic" and "Earth friendly."

  • March 27, 2024

    CBD Retailer Used Spyware, Recorded Online Chats, Suit Says

    Charlotte's Web Inc., a CBD retailer, is secretly recording conversations of those who visit its website in violation of a California privacy law that is simple to follow, according to a proposed class action removed to federal court on Monday.

  • March 27, 2024

    Vietnamese Producer Faces Brunt Of Shrimp Subsidy Probe

    A Vietnamese shrimp farm may face a nearly 200% countervailing duty rate based on preliminary findings in the U.S. Department of Commerce's probe into whether shrimp imports from four countries are hurting the U.S. market through unfair government subsidies.

  • March 27, 2024

    Google Fires Back At JD Vance's Input In Common Carrier Suit

    Google says it deserves the chance to respond to arguments made by Senator JD Vance, R-Ohio, on the last day of summary judgment briefing in a state-brought case seeking to declare the tech behemoth a common carrier and its search engine a public utility.

  • March 27, 2024

    Fashion Retailers Agree To UK Green Claim Rules

    Enforcers in Britain said Wednesday that ASOS PLC, Boohoo.com UK Ltd. and Asda Stores Ltd. have agreed to a new set of rules covering environmental claims about their fashion products following a "greenwashing" probe in the fashion retail sector.

  • March 27, 2024

    Kimco Sells 10 Shopping Centers For $248M After RPT Buy

    Real estate investment trust Kimco Realty said it has sold 10 open-air shopping centers it gained in an acquisition of RPT Realty earlier this year for a total of $248 million.

  • March 27, 2024

    3 Firms Vie To Lead Instacart Pre-IPO Action

    Levi & Korsinsky LLP, Pomerantz LLP and The Rosen Law Firm PA have each asked a California federal judge to lead a securities lawsuit against grocery delivery company Instacart for allegedly misrepresenting its growth potential in the lead-up to its initial public offering.

  • March 27, 2024

    Terraform Loses Mistrial Bid After Rakoff Query About 'Lying'

    Manhattan U.S. District Judge Jed S. Rakoff on Wednesday rejected a mistrial bid by counsel for Terraform Labs and creator Do Kwon centering on the judge's move to ask an investor if the bankrupt crypto startup had disclosed potential risks about "lying" to the public.

  • March 26, 2024

    Jackson Paints Abortion Clash As Microcosm Of Bigger Brawl

    A war of words Tuesday at the U.S. Supreme Court over access to abortion medication marked a climactic moment after a lengthy legal slugfest. But probing questions from Justice Ketanji Brown Jackson illustrated that the main event for reproductive rights was also simply a single round in a much larger fight over the government's regulatory powers.

  • March 26, 2024

    Walmart Wins Bid To Ax Capital One Credit Card Agreement

    Walmart can terminate its agreement with Capital One, a New York federal judge ruled Tuesday, agreeing with Walmart that the plain meaning of the contract allows the retail behemoth to ax the agreement if its credit card partner doesn't meet certain customer service standards.

  • March 26, 2024

    Apple Escapes Antitrust Suit Over Crypto On Payment Apps

    A California federal judge on Tuesday tossed with leave to amend a proposed antitrust class action claiming Apple's agreements with Apple Cash competitors illegally limit competition by blocking decentralized cryptocurrency technology, saying the consumers failed to adequately allege standing, among other "problematic" reasons.

  • March 26, 2024

    Fed. Circ. Wrongly Invented New Design IP Rules, Justices Told

    A sportswear company wants the U.S. Supreme Court to weigh in on a federal circuit's ruling that created a new standard for how courts should review challenges to design patents, which was won by rival Oregon clothing giant Columbia Sportswear.

Expert Analysis

  • 3 Key Class Action Trends To Use As Guidance In 2024

    Author Photo

    Telephone Consumer Protection Act, privacy and false advertising class actions saw significant shifts last year — including a trend toward expanding the application of preexisting laws to current technologies — that businesses should keep in mind to navigate the class action landscape in 2024, say attorneys at Mintz.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

    Author Photo

    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • Time To Step Up PFAS Due Diligence In Cross-Border M&A

    Author Photo

    Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.

  • Bill Could Pave Path To 'Safer' Banking For Cannabis Industry

    Author Photo

    The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, which was recently passed by a U.S. Senate committee, creates potential for financial inclusion of legally operating cannabis businesses and could promote recognition of the disconnect between federal laws and services unavailable to the industry, says Mark Bell at Stinson.

  • How 4 State AGs Are Shaping Data Privacy Compliance

    Author Photo

    As the landscape of state data privacy laws continues to grow across the nation, understanding how state attorneys general — such as in California, Colorado, Connecticut and Virginia — are thinking about these laws is critical to begin forecasting how enforcement will play out, say Michelle Kallen and Daniel Echeverri at Jenner & Block.

  • 7 E-Discovery Predictions For 2024 And Beyond

    Author Photo

    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Landmark Product Safety Prosecution May Signal Sea Change

    Author Photo

    U.S. v. Chu, a novel prosecution and guilty verdict of corporate executives for failing to report product defects under a consumer safety law, will certainly not be the last case of its kind, and companies will need to prepare for the government’s increasingly aggressive enforcement approach, say attorneys at Cooley.

  • Top Considerations For Retailers Using AI To Combat Theft

    Author Photo

    The Federal Trade Commission's recent enforcement action against Rite Aid indicates a significant evolution in the landscape surrounding biometric information and artificial intelligence data collection by retailers, meaning retailers should take reasonable measures to prevent harm to customers, say attorneys at Dentons.

  • 5 Litigation Funding Trends To Note In 2024

    Author Photo

    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Key Issues When Navigating A Tenant's Bankruptcy

    Author Photo

    In light of recent Chapter 11 filings by Rite Aid and WeWork — companies with thousands of commercial leases — practitioners should review issues that can arise when bankruptcy is used to exit a lease, including the consequences of lease rejection and the statutory cap on landlord damage claims for a rejected lease, say attorneys at Proskauer.

  • 5 Securities Litigation Issues To Watch In 2024

    Author Photo

    There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.

  • Breaking Down The New FCC Lead Generation Rules

    Author Photo

    The Federal Communications Commission's new rules to close the so-called lead generator robocall and robotexts loophole herald a transformative halt to the traditional lead generation industry, necessitating the development of entirely new marketplace solutions to align with the impending compliance requirements, says Alexis Buese at Bradley Arant.

  • Cannabis Banking Bill Uncertainty May Actually Be A Blessing

    Author Photo

    The passage of a cannabis banking law is alluring, but little will be lost if the Secure and Fair Enforcement Regulation Banking Act — facing stiff competition from other congressional priorities — gets tabled because the bill ultimately does little to meaningfully propel the industry toward full legalization, says Michael Rosenblum at Thompson Coburn.

  • Series

    ESG Around The World: South Africa

    Author Photo

    While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.

  • Lessons In Navigating Collateral Estoppel Of Similar Patents

    Author Photo

    The Patent Trial and Appeal Board's recent holding in Google v. Parus that rehearing was appropriate under collateral estoppel illustrates best arguments in inter partes review for any issue that could arise in a later proceeding, including dependent claim limitations, say attorneys at Akin.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Retail & E-Commerce archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!