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BCLP

The FTC and State Case Against Amazon Highlights Risks and Impacts from Using Pricing Algorithms

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Both the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division have focused their sights on big technology companies. Understanding the precedents set by these suits is critical for clients...more

BCLP

The Amazon Regrows: DC High Court Revives Suit Against Amazon’s Pricing Practices

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On August 22, 2024, the DC Court of Appeals revived a suit brought by the District of Columbia Attorney General’s Office (DC AG) against Amazon. The suit, which the superior court previously dismissed, alleges that Amazon’s...more

Lathrop GPM

Court Denies Distributor’s Motion for Summary Judgment on Wisconsin Fair Dealership Law Claims

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A federal court in Wisconsin recently denied a haircare product dealer’s motion for summary judgment on its Wisconsin Fair Dealership Law (WFDL) and breach of contract claims against the dealer’s national distributor. Brava...more

Holland & Knight LLP

CPSC Finds Amazon Responsible for Hazardous Products Sold by Third-Party Sellers

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In a closely watched case, the U.S. Consumer Product Safety Commission (CPSC) on July 29, 2024, found that Amazon's popular "Fulfilled by Amazon" program – in which products are listed by Amazon but sold by third-party...more

Kohrman Jackson & Krantz LLP

Federal Government Seeks to Hold Amazon Accountable for Dangerous Products

As Amazon maintains its chokehold on ecommerce sales, the United States Product Safety Commission (CPSC) is attempting to reclassify Amazon as a distributor of goods. If successful, this would expose Amazon to liability for...more

Ballard Spahr LLP

The Iliad Flows: Federal Judge Allows FTC “Dark Patterns” Suit Against Amazon to Proceed

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In a lengthy ruling, a Seattle federal judge has allowed the Federal Trade Commission (FTC) to proceed with its groundbreaking case alleging that Amazon’s Prime online subscription marketing tactics constituted deceptive...more

Kelley Drye & Warren LLP

Arizona Turns Up the Heat in Amazon’s Legal Battles

General Kris Mayes recently filed two new lawsuits against Amazon. The first accuses Amazon of using ​“dark patterns,” or digital design tricks, that make it difficult for consumers to cancel their Prime subscriptions....more

Neal, Gerber & Eisenberg LLP

Amazon APEX Complaints Convey Personal Jurisdiction in Amazon Seller’s Forum

Most reputable online marketplaces have long offered policing programs to address counterfeiting of registered copyrights and trademarks. The copyright or trademark owner needs only to provide the marketplace with a copy of...more

White and Williams LLP

Negligent Undertaking Claim Against Amazon May Succeed Where a Products Liability Claim Fails

In Johnson v. Amazon.com, Inc., No. 4:22-CV-04086, 2024 U.S. Dist. LEXIS 59196, the United States District Court for the Southern District of Texas held that Amazon.com, Inc. (Amazon) can be liable for negligent undertaking...more

BakerHostetler

Federal Circuit Addresses Personal Jurisdiction and Amazon’s Patent Dispute Procedure: What to Know Going Forward

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On May 2, the United States Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in SnapRays, d/b/a SnapPower v. Lighting Defense Group, discussing personal jurisdiction and – for the first time –...more

Littler

Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial...

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Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC, that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond...more

Jones Day

UK Supreme Court Rejects Amazon's Trademark Infringement Appeal

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In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark...more

Morgan Lewis

Collective Proceedings: Who Gets Carriage? UK Competition Appeal Tribunal Decides

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The UK Competition Appeal Tribunal (CAT) recently issued its first-ever precertification ruling addressing a “carriage dispute” in the cases Hunter v. Amazon.com and Hammond v. Amazon.com. A carriage dispute arises where...more

Knobbe Martens

A Discussion With Amazon Counterfeit Crimes Unit’s Joe Wheatley: How Amazon Finds Bad Actors and Removes Counterfeit Products

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In this inaugural episode of the Knobbe IP+ podcast, Knobbe Martens partner Greg Phillips speaks with Joe Wheatley, Senior Counsel, Amazon Counterfeit Crimes Unit, about how the Counterfeit Crimes Unit searches the Amazon...more

Irwin IP LLP

Zealous Advocacy or Objectively Baseless: A Cautionary Tale  

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In re PersonalWeb Techs. LLC, No. 2021-1858, 2023 WL 7267010 (Fed. Cir. Nov. 3, 2023) - The consequences of pushing zealous advocacy beyond reasonable limits can be severe.  A recent Federal Circuit decision illustrates...more

Faegre Drinker Biddle & Reath LLP

A Tale of Two Cases – DEI Programs Under Scrutiny

Last month, two courts reached different conclusions about the legality of companies’ diversity equity and inclusion (DEI) programs under Section 1981. The cases display different tactics and defenses and raise questions...more

Kohrman Jackson & Krantz LLP

Amazon Enacts Policies to Combat Fake Reviews that are Misleading Consumers

The third-party seller marketplace has exploded over recent years, as sales have risen by over 900% from what they were back in 2014. In fact, in 2022, Amazon’s largest revenue segment was online retail product sales with...more

Weintraub Tobin

Podcast - The Briefing: Unmasking Luxury Knockoffs – Amazon Sues Influencers for Promoting Counterfeit Goods

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Amazon is suing two social media influencers for promoting the sale of counterfeit luxury goods on the platform. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing....more

Weintraub Tobin

The Briefing: Unmasking Luxury Knockoffs – Amazon Sues Influencers for Promoting Counterfeit Goods

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Amazon is suing two social media influencers for promoting the sale of counterfeit luxury goods on the platform. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing. ...more

Kohrman Jackson & Krantz LLP

FTC Sues Amazon Over Its Monopoly Power

The Federal Trade Commission (FTC) has reinforced its aggressive stance on enforcing antitrust laws by filing a federal lawsuit against Amazon on September 26, 2023. Seventeen other states have also joined in this legal...more

Console and Associates, P.C.

Lawmakers Raise Concerns Over Worker Safety at Amazon Warehouses

Recently, U.S. lawmakers put Amazon and its top executives on the hot seat, raising questions about the retail giant’s commitment to the safety of its warehouse workers. Over the past decade, the number of Amazon warehouse...more

Stikeman Elliott LLP

Difederico v. Amazon.com Inc.: Federal Court Finds Proposed Class Action has no Prospect of Success

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In Difederico v. Amazon.com, 2023 FC 1156, the Federal Court refused to certify a proposed class action involving allegations that a collection of Amazon entities (“Amazon”) had breached sections 45 and 46 of the Competition...more

Holland & Knight LLP

Holland & Knight Data Privacy and Security Report: July 2023

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Welcome to Holland & Knight's monthly data privacy and security news update that includes the latest in policy, regulatory updates and other significant developments. ...more

Kohrman Jackson & Krantz LLP

Amazon Prime’s Ongoing Battle Against Fake Reviews

E-commerce juggernaut Amazon continues to grapple with an issue that has plagued its platform—false reviews. Whether a false review is fabricated, biased, or does not genuinely reflect the experiences or opinions of...more

Locke Lord LLP

FTC Takes Action Against Amazon for ‎Alleged Deceptive Prime Subscriptions

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On June 21, 2023, the Federal Trade Commission (the “FTC” or the “Agency”) filed a complaint against Amazon for ‎multiple violations of the Restore Online Shoppers’ Confidence Act (ROSCA). The focus of the ‎FTC action alleges...more

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