Walmart to pay tech company $222M over trade secret misappropriation
Dive Brief:
An Arkansas federal jury found on Wednesday that Walmart owes technology company Zest Labs more than $222 million over claims that the mass retailer stole Zest Labs' technology that extends the shelf life of produce. The jury concluded that Zest Labs proved its claim of "trade secret misappropriation" and found Walmart's misappropriation was "willful and malicious," according to court documents.Walmart vowed to appeal the verdict, which nearly doubles the amount the retailer was ordered to pay Zest Labs following a previous trial.
Dive Insight:
Walmart owes Zest Labs $72.7 million in compensation for damages caused by Walmart's trade secret misappropriation and $150 million for exemplary damages, the jury decided.
"We strongly disagree with the verdict and believe it's not supported by the facts. Zest Lab's unethical behavior has compromised the integrity of this case from the start. We expect our suppliers to uphold the highest ethical standards and will continue to advocate for fairness and justice," a Walmart spokesperson said in an emailed statement.
Zest Labs originally filed a civil lawsuit against Walmart in 2018, with a jury awarding Zest Labs $115 million in a verdict delivered three years later. An Arkansas federal judge granted Walmart's request for a new trial in late 2023 after finding that Zest Labs withheld relevant evidence in the original trial.
Zest Labs first claimed seven years ago Walmart stole its cold-chain management technology that extends produce shelf life. The company said it demonstrated the technology to Walmart executives in early 2014 and then entered into a confidentiality agreement a few months later. In early 2018, Zest Labs claimed the retailer released a solution called Eden that the company stated "looks, sounds, and functions" like its own produce shelf life solution.
The jury's decision on Wednesday was unanimous and is "one of the largest verdicts in Arkansas history and likely the highest trade secret verdict in the history of the state," according to a press release from Bartko Pavia LLP, the firm that represented Zest Labs.
"This legal victory is a small but crucial triumph for small businesses that often face exploitation by larger corporations, robbing them of the opportunity to bring their innovative solutions to the market," Zest Labs Manager Gary Metzger said in a statement.
Copyright 2025 Industry Dive. All rights reserved.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
an hour ago
- Yahoo
Walmart's OnePay partners Synchrony for credit card programme
Walmart-backed consumer fintech firm OnePay has joined forces with Synchrony to exclusively launch a new credit card programme for Walmart. Scheduled for release in the upcoming fall, the programme will be accessible through the OnePay app and supported by Mastercard's payment network, targeting Walmart's US customers. This initiative, in partnership with Synchrony and Mastercard, will provide customers with a financial management tool, encompassing saving, spending, borrowing, and investing. The programme will feature two types of cards - a general-purpose card accepted wherever Mastercard is used, and a private label card exclusive to Walmart purchases. Both cards will be integrated into the OnePay app, enabling access to OnePay's financial services. OnePay CEO Omer Ismail said: "Our goal with this credit card programme is to deliver an experience for consumers that's transparent, rewarding, and easy to use. We're excited to be partnering with Synchrony to launch a programme at Walmart that checks each of those boxes and will help serve millions of people." Synchrony CEO and president Brian Doubles stated: "We are proud to be selected by OnePay to further our mission of helping people live better and build healthier financial futures with Walmart. Together, we aim to drive even greater innovation and new credit experiences to better serve customers while driving long-term, high-quality growth." This partnership signifies Walmart's return to Synchrony, which had previously issued Walmart-branded credit cards until 2018, before losing the contract to Capital One, as reported by Reuters. Walmart's decision to part ways with Capital One in 2024 was influenced by operational concerns, including delayed transaction updates and the prolonged issuance of replacement cards. In March, OnePay collaborated with Klarna to provide exclusive instalment loans to Walmart shoppers in the US. "Walmart's OnePay partners Synchrony for credit card programme " was originally created and published by Electronic Payments International, a GlobalData owned brand. The information on this site has been included in good faith for general informational purposes only. It is not intended to amount to advice on which you should rely, and we give no representation, warranty or guarantee, whether express or implied as to its accuracy or completeness. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Fast Company
2 hours ago
- Fast Company
Why Costco CEO Ron Vachris is Fast Company's Visionary of the Year
Last June, conservative activist Robby Starbuck launched a campaign targeting 'woke' companies, threatening boycotts unless they renounced their policies on diversity, equity, and inclusion. Through the end of 2024, many companies buckled, including Tractor Supply Co., John Deere, Harley-Davidson, and Walmart. The movement's momentum continued to grow after the November election, claiming McDonald's, Target, Amazon, Meta, PBS, and others. Then the anti-DEI mob ran into Ron Vachris, a guy who started at Costco as a forklift driver more than 40 years ago and rose to become the CEO in 2024. In January, the National Center for Public Policy Research submitted an anti-DEI proposal at Costco's annual shareholder meeting. On January 23, Vachris and the company's board of directors unanimously recommended that shareholders reject the proposal, and more than 98% of shareholders did just that. Three days later, 19 Republican state attorneys general sent Vachris a letter demanding Costco end its DEI policies. Vachris and Costco didn't budge, which is why Fast Company is recognizing him as the inaugural recipient of the World Changing Ideas Visionary of the Year. Vachris declined to talk to Fast Company. (Who can blame him? The last thing he needs is to look like he's taking a victory lap.) 'Vachris's actions,' says David Glasgow, a DEI expert at NYU Law School, 'provided a good example for other organizations that are feeling a lot of fear and anxiety right now.' Studies from McKinsey, MIT, and others confirm the long-term financial benefits for companies with strong DEI policies. 'They tend to have teams that are more creative. Workers tend to be happier. There's less attrition and turnover when you have a focus on inclusion,' says Northwestern University's Alvin Tillery. Costco retains workers at a higher rate than its competitors, and employees earn a median annual wage of $47,000 (compared with about $27,000 at Walmart). Vachris, a prime example to shelf-stocking employees that Costco rewards top performers, may also inspire other leaders to stand up for their principles.
Tom's Guide
2 hours ago
- Tom's Guide
Nintendo Switch 2 restocks live — latest updates and retailers to check today
1. Quick links2. Full retailer listings3. U.K. restocks4. LIVE: Latest updates The wait is over. Nintendo Switch 2 is now available, and gamers are already sampling the delights of Nintendo's new hybrid console. However, if you didn't manage to snag a pre-order, getting hold of a Switch 2 is proving to be a fairly difficult task right now. Much like the PS5 and Xbox Series X before it, Nintendo Switch 2 is yet another in-demand item that retailers just can't keep in stock. But, don't lose hope, restocks are on the way, and we've already seen a major one at Walmart over the weekend. Expect more stock soon. In the U.K., the situation looks a lot brighter. Switch 2 stock levels appear to be mostly meeting demand, with restocks more plentiful and sticking around longer. At present, the console is again sold out in the region, but I expect more restocks will be on the horizon later this week. For those totally out of the loop, Nintendo Switch 2 launched last week (Thursday, June 6), and costs $449 / £395, or you can get the console bundled with the flagship launch game Mario Kart World for $499 / £429. That's a $30 saving compared to buying the items separately. I've more than five years of experience tracking console restocks, so I know the ins and outs of securing hard-to-buy gaming tech. I'm putting all that expertise to good use to help you pick up a Nintendo Switch 2 as soon as possible. Follow along for the latest live updates. Walmart's Switch 2 product page is live, and the mega retailer will be opening select stores for a midnight launch event. Walmart is also set to take additional Switch 2 orders at midnight ET online. Mario Kart Bundle: $499 @ Walmart Best Buy confirmed it will not be taking online orders during launch week, but now that the launch day is behind us, we could see online restocks soon. This is one retailer to watch now. Mario Kart Bundle: $499 @ Best Buy Target last restocked the Switch 2 on Friday, June 6. This could mean the next drop is a little ways off as the retailer may need some time to build up its inventory again. Mario Kart Bundle: $499 @ Target GameStop has confirmed a Nintendo Switch 2 restock on June 5 during its midnight launch event. The retailer will also be taking orders online on launch day at midnight ET. Mario Kart Bundle: $499 @ GameStop My Nintendo Store is using an invite system to allocate its available Switch 2 stock. You will need to meet specific criteria, including having a Nintendo Switch Online account and then be selected and sent an invite to order the console. Mario Kart Bundle: $499 @ Nintendo Store Antonline's Switch 2 listings have a "coming soon" message. This could be a sign that the tech retailer is planning to restock the console on launch day. Mario Kart Bundle: $499 @ Antonline Newegg's Nintendo Switch 2 pages are live, but there's currently no stock. Newegg may restock the console for launch day, but nothing is confirmed right Kart Bundle: $499 @ Newegg Sam's Club has a listing page for the Nintendo Switch 2, which currently advises the console is "coming soon." This could be an indication that the retailer is planning to take Switch 2 orders on launch day, so be sure to watch this space. Amazon has launched a Nintendo Switch 2 product page or confirm plans to stock the console. It's still uncertain if or when it'll launch Switch 2 product pages. In the U.K., Amazon is selling Switch 2 consoles, but not in the U.S.. The Nintendo Switch 2 Pro Controller is practically guaranteed to be the most in-demand Switch 2 accessory, and it packs a suitable upgrade over its predecessor adding a headphone jack, the new "C" button, and customizable back buttons. Additional retailers: Best Buy | GameStop Need an extra set of Joy-Con 2 controllers for multiplayer, or just because it's always nice to have a spare? You can pick up an additional set of Joy-Con 2 at various retailers for $94. Additional retailers: Best Buy | GameStop One of Switch 2's new features is GameChat, and to get the most out of this new addition you'll need a Nintendo Switch 2 Camera to video chat with your friends online. Additional retailers: Best Buy | GameStop The official Nintendo Switch 2 Camera is pretty dull, but this licensed third-party one from Hori is anything but. It's modeled after the iconic Piranha Planet from the Super Mario series and offers all the same features, plus you can close the Piranha's head to give yourself some privacy as needed. Huge caveat: it's resolution maxes out at 480p, whereas the Nintendo camera is retailers: Best Buy You don't need the Switch Joy-Con 2 Wheel to enjoy games like Mario Kart World, but it'll sure make the experience much more fun. You can get a set of two for just $24. Additional retailers: Best Buy | GameStop It's not the most exciting Switch 2 accessory, but should you need a spare AC adapter for your Switch to you can get one for $34. It connects directly to the Switch 2 Switch 2 retailers: Best Buy | GameStop Take your Switch 2 on the road with the official Switch 2 All-In-One Carrying Case. It's big enough so you can carry the Switch 2, Nintendo Switch 2 dock, Joy-Con 2 controllers, various cables, and up to six game retailers: Best Buy | GameStop The Switch 2 comes with an increased storage capacity of up to 2TB. However, the Switch 2 is only compatible with microSD Express cards, which means you'll need new storage cards for your console. Additional retailers: Best Buy | GameStop Mario Kart World will launch on the same day as the Switch 2. This new entry will allow up to 24 drivers to take part in each race, and you'll be able to drive anywhere on the track. Nintendo also said gamers can expect new retailers: Best Buy | GameStop Donkey Kong Bananza will launch on July 17 and allow DK to smash his way through (and down into) the surrounding terrain. He can punch his way through mountains or head underground in search of collectibles. It's hands-down one of the Switch 2's biggest titles. Additional retailers: Best Buy | GameStop Street Fighter 6 1-2 Fighters Edition will features 26 characters and 20 stages. You'll fight your way to the top with all new content and game modes exclusive to Nintendo Switch 2 like Local Wireless One on One and Avatar retailers: GameStop An enhanced edition of Kirby and the Forgotten Land will make its way to the Switch 2. It'll feature everything we loved about the original as well as some improvements like better graphical fidelity, HDR support, and frame rate improvements. The ever-adorable Kirby gets a bump from 30fps to 60fps and you can enjoy 1080p gameplay in handheld mode or 1440p when retailers: GameStop The Legend of Zelda: Tears of the Kingdom is being ported over to the Switch 2. It promises improved visuals and performance. It also brings support for Zelda Notes, a game-specific service found in the Nintendo Switch app that's exclusive to the Switch 2. It brings voice-assisted navigation, voice memories, and item sharing. Additional retailers: GameStop I'm a Senior Entertainment Editor at Tom's Guide who has spent the last five years tracking restocks across loads of popular gaming items from the PS5 and Xbox Series X to the uber-rare PlayStation 30th Anniversary Collection and PlayStation Portal. Now, I'm putting all my restock knowledge to good use to help you secure a Nintendo Switch 2 this launch week.
