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Retail & E-Commerce
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May 09, 2025
Renewable Energy SPAC Taps Surging Market For $150M
EGH Acquisition Corp., a special purpose acquisition company targeting energy transition businesses, began trading Friday after raising a $150 million initial public offering, while another SPAC joined the pipeline as new filings continue to rise.
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
Vaping Co. Reaches Deal In Infringement Suit Against Rival
Florida-based e-cigarette manufacturer VPR Brands has come to terms with the rival it slapped with a patent infringement lawsuit last year for allegedly making and selling vapes that infringe its patented "electronic inhaler" atomizer system.
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May 09, 2025
Conn. Man Charged With $3M Amazon Logistics Scheme
A Connecticut man has been charged with bilking $3 million from Amazon.com Inc. by using trucking companies' names without their knowledge and submitting fraudulent invoices for services that never occurred, federal officials announced Friday.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
Nestle Sued Over Sugar In 'Natural' San Pellegrino Drinks
Nestle USA is misleadingly and unlawfully touting its San Pellegrino sparkling fruit beverages as healthy and "natural" despite the carbonated drinks containing up to 26 grams of added sugar per can, according to a proposed class action filed in California federal court by two Golden State consumers.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
Former Executive Of Car Dealer Group Can't Duck FTC Suit
An Illinois federal judge has refused to toss a lawsuit brought by the Federal Trade Commission and the state of Illinois over claims that a former executive of a car dealership group oversaw deceptive trade practices that defrauded thousands of customers, saying he was unconvinced by the "underdeveloped and scattershot" arguments for dismissal.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
Taxation With Representation: Paul Weiss, Weil, V&E, Torys
In this week's Taxation With Representation, 3G Capital takes Skechers private, Sunoco LP buys Parkland Corp., and BCE Inc. and the Public Sector Pension Investment Board launch a wholesale network provider called Network FiberCo.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.
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May 08, 2025
CEO Stole Funds To Fuel 'Gambling Habit', Investor Says
An investor in a cybersecurity company has claimed in a new suit that the company's CEO defrauded the investor out of more than $2.8 million through falsified budgets and other means, all to support a "lavish" lifestyle and "severe gambling habit."
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May 08, 2025
Kroger-Owned Chain Fights Counterclaims In Strike Row
If a United Food and Commercial Workers local wants to accuse King Soopers of violating a post-strike agreement, the union must take its argument to the National Labor Relations Board, the Kroger-owned grocery chain told a Colorado federal judge Thursday, asking her to throw the allegation out of federal court.
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May 08, 2025
Instagram Head Says App 'Blends' Friends And Entertainment
The head of Instagram didn't shy away Thursday from Federal Trade Commission arguments about how Meta functions as a social media platform, testifying in D.C. federal court that sharing with friends and family is a key function, but part of a blended approach also focused on entertainment.
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May 08, 2025
Counterfeit Goods Hit $467B Globally In 2021, Report Says
Counterfeit and pirated goods accounted for $467 billion in global trade in 2021, reflecting a slight increase from pre-pandemic levels, according to a report from the Organization for Economic Cooperation and Development and the European Union Ƶ Office.
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May 08, 2025
Fed. Circ. Questions 'Kist' And 'Sunkist' Mark Differences
The Federal Circuit on Thursday grappled with whether a trademark tribunal relied on enough evidence to conclude that "Kist" and "Sunkist" were dissimilar marks in the soft drink market, questioning if Kist's use of red lips on packaging sent to distributors was enough to distinguish its brand from its competitor.
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May 08, 2025
Nike, Patent Owner End Dispute Over Sports Bra Pockets
Nike Inc. has resolved its dispute with a patent owner that accused the sportswear giant of infringing a patent with a sports bra that has built-in pockets, according to a filing in Massachusetts federal court.
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May 08, 2025
No 'Clean Slate' For Samsung After Epic's Win Against Google
A California federal judge overseeing Epic Games' lawsuit alleging Samsung and Google colluded to dodge an injunction related to Google's Play Store warned the parties on Thursday that he won't completely ignore jury findings in a similar case that Epic won against Google, noting that "we're not writing on a clean slate."
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May 08, 2025
Honest Co. IPO Investors Get Initial OK For $27.5M Settlement
Investors in actress Jessica Alba's "clean lifestyle" brand The Honest Co. Inc. have gotten an initial nod for their $27.5 million deal to end claims the company failed to disclose negative trends ahead of its 2021 initial public offering.
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May 08, 2025
Wayfair Beats Software Engineer's Age Bias Suit
A Massachusetts state jury has cleared Wayfair in a discrimination case brought by a 53-year-old software engineer who was terminated in the early months of the pandemic after he requested flexibility to care for his school-age children.
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May 08, 2025
Apple Asks 9th Circ. To Pause New App Store Injunction
Apple has asked the Ninth Circuit to pause parts of a California federal court's new injunction mandating changes to its App Store policies, issued after finding Apple violated a previous order, saying the "punitive" measures force it to give away free access to its products.
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May 08, 2025
Brazilian Grocer Seeks Tax Arbitration With Former Parent Co.
Brazilian food retailer GPA said it has requested arbitration against its largest shareholder and former parent, French retailer Groupe Casino, over a dispute regarding tax payments going back over a decade.
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May 08, 2025
Landry's To Pay Iranian Server $95K In EEOC Harassment Suit
Seafood restaurant chain Landry's will pay $95,000 to wrap up a U.S. Equal Employment Opportunity Commission suit claiming it fired an Iranian server under false allegations that she came to work drunk after she complained about harassment, according to a Colorado federal court filing.
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May 08, 2025
Instacart, Partiful Allegedly Infringed 'FIZZ' TM To Target Gen Z
Silicon Valley-based social media platform Fizz Social Corp. has accused Instacart and Partiful of ripping off its event planning platform's "FIZZ" trademark to launch a rival "Fizz app" that specifically targets the so-called Gen Z demographic, according to a trademark infringement and anti-cybersquatting lawsuit filed in California federal court.
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May 08, 2025
11th Circ. Says Developer's I-20 Truck Stop Suit Out Of Gas
The Eleventh Circuit has backed a district court's dismissal of a property owner's suit challenging a metro Atlanta county ordinance that for years blocked him from developing his land into a QuikTrip gas station, ruling the county had a "rational basis" for its effective ban on new truck stops.
Expert Analysis
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 Advertising Law Trends To Watch In 2025
Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Best Practices To Find Del. Earnout Provisions That Hold Up
Recent Delaware earnout litigation illustrates the need for careful drafting and proactive planning to avoid later divergent interpretations of the signed contract, and a series of drafting tips can help, say attorneys at Cozen O'Connor.
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NY Plastic Pollution Verdict May Not Bode Well For Other Suits
The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.
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Preparing For Mexican Drug Cartels' Terrorist Designation
In the event President-elect Donald Trump designates Mexican drug cartels as foreign terrorist organizations, businesses will need to consider how their particular industry is affected and evaluate previously legitimate practices given the cartels' involvement so many sectors of the economy, say attorneys at King & Spalding.
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Penn State Brand Case Leaves Ornamentality Unresolved
While the recent jury verdict in Penn State University v. Vintage Brand was a win for the college and brands, legal practitioners should expect plenty of litigation around unaddressed ornamentality issues of whether marks that are not yet incontestable can be canceled for being used solely in decorative, non-source-identifying ways, say attorneys at Debevoise.
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Series
Illinois Banking Brief: All The Notable Legal Updates In Q4
While the last quarter of 2024 didn't bring any notable state financial legislation, Illinois banks did see developments in the challenge to the Interchange Fee Prohibition Act, and received some awaited guidance on credit line disclosures and bank-fintech relationships, say attorneys at Dykema.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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Complying With Seasonal Product Labeling Requirements
Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.