Archives: Retail

Reevaluating your supply chain: How the new American-made product qualifications rule may impact your business

By Jay L. Levine on March 17, 2021

Two recent actions aimed at maximizing domestically-produced goods, products, materials and services may have significant impact on contractors and supply chains. In January 2021, the Federal Acquisition Regulation (FAR) Council published a final rule “Maximizing Use of American-Made Goods, Products, and Materials” that amended the requirements for products to be classified as American-made under the Buy … Continue Reading

Putative class counsel in generic drug antitrust MDL can’t get a slice of the opt-out pie . . . At least not yet

By Porter Wright on October 21, 2019

Before even moving for certification of the putative classes they seek to represent, Interim Class Counsel (ICC) in the In re Generic Pharmaceuticals Pricing Antitrust Litigation sought to insure they would get not only their own piece of the pie, but also a sizable sliver of everyone else’s. Claiming they are prosecuting potentially “the largest … Continue Reading

Regulation of cryptocurrency

By Jay L. Levine on November 6, 2018

In this episode, Jay and Porter Wright attorney Brett Thornton dive into e-currency, with a focus on cryptocurrency. They start by covering the basics: what it is, the different types and the technology that facilitates the exchanges. Brett explains the rules and regulations for this currency, securities law ramifications to be aware of, and what … Continue Reading

Changes in online shopping

By Jay L. Levine on June 25, 2018

“In most situations, no more tax-free shopping on the internet,” our colleague Mark Snider said based upon a U.S. Supreme Court ruling. In Wayfair v. South Dakota, the court overruled two older decisions that allowed retailers to avoid collecting sales tax on customers outside of its home state and outside other states where the retailer … Continue Reading

Access to “data” – the new competitive battlefield

By Jay L. Levine and Porter Wright on September 1, 2017

Data is a buzzword popular in the media today. Most often we hear or read the word in conjunction with a breach of a major retailer or healthcare company. It is also used by companies to target us with behavioral advertising. But it also has become the new coin of the realm. Being neither a … Continue Reading

National Advertising Division recommends that Shark Tank product discontinue representations

By Porter Wright on December 15, 2016

The National Advertising Division (NAD), a voluntary advertising self-regulatory body administered by the Better Business Bureau, just dealt a major blow to the Pavlok Aversion Therapy wristband by recommending that it discontinue numerous unsupported claims as a violation of false advertising laws. Pavlok has said it will accept the recommendations. Pavlok, a product by the … Continue Reading

Venture capitalism and start-ups in Ohio

By Jay L. Levine and Brett Thornton on August 25, 2016

Ohio has become a hot spot for venture capitalists to invest in companies. The level of talent and sense of community that the state provides are just a few of the reasons VC’s are putting their money here. Jay talks with Falon Donahue, CEO of Venture Ohio, and Porter Wright attorney Brett Thornton about why … Continue Reading

Craft brew drinkers’ private action at crossroads as DOJ approves beer merger

By Porter Wright on July 22, 2016

Soon your Miller Lite will be brewed by a new company. Last December, we wrote about a complaint filed by craft beer drinkers in an effort to block the merger between brewing titans Anheuser-Busch Inbev (ABI) and SABMiller. The post pointed out the unusual enforcement posture—private plaintiffs leapfrogging the federal antitrust enforcers and filing suit … Continue Reading

New FDA food safety rule spans stakeholders from farm to fork

By Jay L. Levine on June 9, 2016

My colleagues Brian Augustine and Phil Calabrese recently authored an informative piece on a new FDA rule which impacts stakeholders in the food, transportation and hospitality industries. As many in the agribusiness will find this of interest, I wanted to take a moment to share the article with you. From “FDA New Food Safety Rule Spans … Continue Reading

ABA Section of Antitrust Law Spring Meeting 2016: International perspectives on online vertical restraints

By Porter Wright on April 18, 2016

As Co-Chair of the Antitrust Practice Group, it is my pleasure to bring you a series of articles summarizing some of the seminars presented at the recent ABA Antitrust Section Spring Meeting. The Spring Meeting is the Antitrust Section’s hallmark event and brings together thousands of competition and consumer protection attorneys and related professionals from across … Continue Reading

Authors write the latest chapter in their ongoing saga with Amazon

By Darcy Jalandoni on February 2, 2016

The same group of authors, book publishers and booksellers that urged the Department of Justice (DOJ) to investigate Amazon for antitrust violations last summer recently voiced its support for Apple in its attempt to overturn the adverse verdict against it entered by a New York federal judge in connection with the DOJ’s civil prosecution of … Continue Reading

“Made in USA” class actions target condiments and energy drinks

By Jared Klaus on January 5, 2016

The Times Square ball was not the only thing that dropped on New Year’s Eve for condiment maker H.J. Heinz and energy-drink maker Rockstar Inc. Both were hit with consumer class actions last Thursday in California Federal Court, alleging that their products are falsely labeled “Made in the USA” in violation of California’s ultra-strict “Made … Continue Reading

Private citizens leapfrog federal antitrust enforcers and seek to block merger of beer giants

By Porter Wright on December 9, 2015

Twenty-three residents of Oregon, Washington and California are suing to enjoin the announced $100 billion merger of multinational beer brewers Anheuser-Busch Inbev (ABI) and SABMiller. A merger of the two corporations — which also involves household American companies, Anheuser-Busch and Miller Brewing Company–would combine the largest and second-largest brewers in the United States. The December … Continue Reading

Nordstrom and jeans designer settle “Made in USA” class action lawsuit

By Jared Klaus on December 7, 2015

As we reported in December 2014, a wave of class action lawsuits has been pounding some of the nation’s largest retailers thanks to an until-recently obscure California statute that declares it a deceptive practice for a product to be labeled “Made in USA” if even the smallest component of the product is manufactured abroad. One … Continue Reading

Antitrust woes for Amazon, Part 2

By Jay L. Levine and Darcy Jalandoni on September 23, 2015

Antitrust Law Source author Darcy Jalandoni and editor Jay Levine pick up their discussion of the antitrust issues facing Amazon. In this episode, they discuss the parties’ positions, the result of Amazon’s recent contract dispute with Hachette…and how authors, and ultimately how American literature, will publish in the future.… Continue Reading

Antitrust woes for Amazon, Part 1

By Darcy Jalandoni and Jay L. Levine on September 16, 2015

Since the Kindle was released in 2007, Amazon has become dominant in the e-publishing world. Amid its other legal battles over the last eight years, a dispute between authors, the traditional publishing industry and Amazon has been not so quietly brewing. Antitrust Law Source author Darcy Jalandoni and editor Jay Levine discuss some of the … Continue Reading

Lawyers: In a class of their own

By Porter Wright on August 19, 2015

Ever wonder how many lawyers can fit into one courtroom? Judge Catherine Perry of the U.S. District Court of the Eastern District of Missouri just may find out. On July 14, Judge Perry granted a motion to certify a class made up of lawyers in Downing v. Goldman Phipps PLLC.[1] Although plaintiffs have not made … Continue Reading

Managing post-data breach litigation just got harder

By Jay L. Levine on August 12, 2015

Data breaches are messy stuff, no doubt about that. They consume a huge amount of corporate resources, damage a company’s goodwill and can cost a lot of money. No real news there. And while the technological challenges in preventing, and responding to, data breaches are ever-changing – fueling the booming cybersecurity industry – the corporate … Continue Reading

Part three: Has Amazon.com® become an….. amazon? Taking a Hachette to censorship?

By Darcy Jalandoni on August 4, 2015

In parts one and two we discussed Amazon.com®’s growth into a true giant of the publishing industry – not simply in terms of content, cost or delivery, but in size and strength – and its past history with Apple and its rival publishers (who are also its suppliers). As part three of this series, we consider … Continue Reading

Part Two: Has Amazon.com® become an….. amazon? Taking a bite out of Apple

By Darcy Jalandoni on July 31, 2015

Our second segment of this three- part series adds some background to the publishing landscape, and through the antitrust saga involving Apple and the largest publishing companies, explores how the evolution of ebooks has impacted not only consumer habits, but the publishing industry as a whole. Check out Part One of this series here. The … Continue Reading

Has Amazon.com® become an….. amazon? Part One

By Darcy Jalandoni on July 27, 2015

Authors take their turn trying to tame the retailing beast This three part series will discuss the newest antitrust challenges aimed at Amazon. In Part One, we’ll introduce you to the most recent issues facing the online retailer (and publisher), while in Part Two we will provide a little history on the Amazon/Apple scuffle that … Continue Reading

Ascertainability is different from other class action elements …seriously, we aren’t joking

By Jay L. Levine and Porter Wright on May 5, 2015

A little over a year ago we wrote to discuss the FTC’s Order against Aaron’s, one of the country’s largest rent-to-own (“RTO”) stores, charging that its franchisees were spying on its customers. Well, the inevitable follow-on class actions were filed and recently, in Byrd v. Aaron’s Inc., — F.3d –, 2015 U.S. App. LEXIS 6190 … Continue Reading

Judge finds anti-steering rules to be anti-competitive

By Darcy Jalandoni on February 25, 2015

Last Thursday, a federal district court judge found that American Express Co.’s anti-steering rules violated U.S. antitrust laws by barring merchants from encouraging customers to use other credit cards. The ruling not only handed a victory to the U.S. Department of Justice (DOJ) and the 17 state attorneys general bringing the suit, but may also, … Continue Reading

“Made in the USA” labeling: A trap for the unwary – Part two

By Jay L. Levine, Bob Tannous and Jared Klaus on February 10, 2015

How can retailers and product designers minimize their liability exposure to “Made in the USA” false-labeling claims without sacrificing the valuable label itself? In part two of the “Made in the USA” podcast series, Jay Levine, Jared Klaus and Bob Tannous discuss how mitigating risk from such claims requires a holistic approach, including such strategies … Continue Reading