News & Analysis as of

Amazon

Amazon Delivers Pricing Challenge to Arbitration

Amazon successfully moved a putative class action challenging its pricing practices to arbitration after the U.S. Court of Appeals, Ninth Circuit held that the retailer’s agreement was not unconscionable....more

GEMSA’s Patent Onslaught Against Cloud Computing Customers

by Shook, Hardy & Bacon L.L.P. on

Global Equity Management (SA) Pty. Ltd. (“GEMSA”), a foreign non-practicing entity (“NPE”) organized under the laws of Australia, filed almost 40 patent lawsuits in five batches in 2015 and 2016. The majority of these...more

Amazon and Apple Issued Rulings from the European Commission

by King & Spalding on

The EC concludes that Luxembourg provided illegal tax benefits to Amazon of €250 million and refers Ireland to the European Court for failure to recover illegal tax benefits from Apple of €13 billion - On 4 October 2017,...more

Ninth Circuit Rejects Claim That Amazon’s Terms and Conditions Are an Unconscionable Contract

In an unpublished opinion, the Ninth Circuit affirmed a lower court’s ruling that had sent a putative class action against Amazon over its pricing practices to arbitration, as per Amazon’s terms of service. (Wiseley v....more

Former NC Secretary of Commerce on HQ2: Charlotte is Amazon’s Answer

by Nexsen Pruet, PLLC on

It’s been called the Olympics of the corporate world, Amazon Idol and the biggest economic development event in a generation. It’s thrown the economic development world into mayhem. It’s the race for HQ2....more

OTA & Travel Distribution Update - Sep. 22nd, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending September 22, 2017 is below. This week’s Update features a wide variety of stories on distribution, short-term rentals and loyalty programs....more

Amazon & Whole Foods: The Next Evolution of the Modern Supermarket?

In anticipating the next step in the evolution of grocery shopping, it is impossible to ignore the statement-making moves of our neighbor, Amazon. In March of this year, Amazon revealed the first of many AmazonFresh Pickup...more

Top 10 Takeaways from the 2017 Allen Matkins View From the Top

by Allen Matkins on

Allen Matkins hosted its 10th annual View From the Top, packed with insider industry knowledge of the California and national real estate market. Juxtaposed with the Allen Matkins/UCLA Anderson Forecast California Commercial...more

Court Denies Plaintiff’s Motion To Disqualify Its Former Counsel As Counsel For Defendant In A Patent Litigation Action After...

by Weintraub Tobin on

In Eolas Technologies Incorporated v. Amazon.com, Inc., 3-17-cv-03022 (CAND August 24, 2017, Order) (Tigar, USDJ) the United States District Court for the Northern District of California recently denied plaintiff Eolas...more

On-line Arbitration Agreements: A Tale of Two “Click Wraps”

What makes an on-line arbitration agreement binding against a website user? In Meyer v. Uber Technologies, Inc., 2017 U.S. App. LEXIS 15497 (2d Cir. Aug. 17, 2017), the U.S. Court of Appeals for the Second Circuit issued a...more

Ninth Circuit Construes Family Movie Act and Affirms Injunction Against Streaming Service

by Snell & Wilmer on

In December 2016, a California federal court issued a preliminary injunction against VidAngel, Inc.’s custom-filtered video streaming service. Thursday, in Hollywood Studios v. VidAngel, Inc., a Ninth Circuit panel affirmed...more

House Wants Uncle Sam To Purchase COTS Items From Amazon And Other Online Sellers

The House version of the 2018 National Defense Authorization Act (“NDAA”) (passed July 14, 2017) includes key provisions that would radically change the way the Government purchases certain commercial items, and it may result...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

As expected, Wells Fargo has promoted former Fed governor and current vice chair Elizabeth Duke to succeed Board chair Stephen Sanger. Incredibly, the move makes Duke the first woman to hold the top spot at one of the...more

In Case You Missed It: Launch Links - July, 2017 #4

by WilmerHale on

Some interesting links we found across the web this week: The Small Business Guide to Thriving in the Amazon-Whole Foods Era As Entrepreneur reports, the ripple effects of the Amazon-Whole Foods acquisition are being felt...more

Client Alert: New Amazon Brand Registry Released - A Tool for Brand Protection

It’s not uncommon for businesses to feel frustrated in trying to protect their products/brands on Amazon from trademark infringers. Many believe that there’s a lack of control over their product listings, and that third...more

Amazon Tips Its Hand With New Trademark Application

by Weintraub Tobin on

As you likely know, Amazon is taking the world by storm. Whether it is through its convenient offering of household goods, and pretty much anything else you can imagine, to your door, or through its expansive selection of...more

Digital Media Technologies, Inc. v. Amazon.com, Inc. (N.D. Fla. 2017)

When a district court judge states that "[o]ne could say this case is about a patent that claims too much and a legal test that provides too little," it is not hard to guess which way the case is going to go (the patent gets...more

Privacy Tip #95 – Echo Show Drop In Feature

I don’t own an Echo, and Alexa is not listening to all of the conversations in my home. If that were the case, I would have no credibility in writing weekly Privacy Tips....more

Retail and Consumer Products Law Roundup - June 2017

Revocation? Think Again. - On June 22, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more

OTA & Travel Distribution Update - June 16th, 2017

by Garvey Schubert Barer on

Our weekly client OTA & Travel Distribution Update for the week ending June 16, 2017 is below. Several interesting stories this week... Price-Fixing Technology the Subject of EU Regulators [PARITY] - ("Enforcers Must...more

Advertising Law - June 2017 #3

FTC Jumps on Trampoline Marketing - The Federal Trade Commission (FTC) bounced purportedly misleading trampoline marketing claims in a new administrative consent order. Son “Sonny” Le and his brother Bao “Bobby” Le...more

Time Spent In Post-Shift Security Checks Once Again Held Not Compensable

by BakerHostetler on

If you have Amazon Prime, you get free delivery in two business days. If you want to pay extra (whether Amazon Prime or not), you can get your order the next day. So how long does it take for Amazon to get rid of a case the...more

OTA & Travel Distribution Update - June 2nd, 2017

by Garvey Schubert Barer on

This week’s client OTA & Travel Distribution Update for the week ending June 2, 2017 is below. A short update this week: Expedia Defends (Again) Billboard Effect [OTA]. In the latest salvo regarding the existence of...more

Amazon Brand Registry: What You Need To Know

by Revision Legal on

Amazon recently launched a new, updated Amazon Brand Registry Program, Brand Registry, which helps protects the brands of sellers who use Amazon as a platform to make sales. The whole function and purpose of a brand is so...more

E-commerce businesses: Valuation beyond the horizon

by Dentons on

E-commerce today has been defined as the buying and selling or provision of goods and services, or the transmitting of funds or data, over an electronic network. This article attempts to highlight the justification for the...more

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