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Retail & E-Commerce

  • March 21, 2019

    Neiman Marcus' Defamation Suit Baseless, Marble Ridge Says

    Just days after its $1 billion fraudulent transfer lawsuit against Neiman Marcus was dismissed, Marble Ridge Capital urged a Texas trial court on Thursday to toss the defamation suit the retailer filed over statements the investment firm made about its debt.

  • March 21, 2019

    In Latest EU Fine, Signs Of Google's Next Sanction

    Despite leveling its third major fine against Google for abusing its market power, the European Commission is far from done with the search engine giant.

  • March 21, 2019

    Spirit Balks At Flyers' 2nd Circ. Bid To Revive Bag-Fee Suit

    Spirit Airlines told the Second Circuit on Thursday that federal law preempts a proposed class action alleging it defrauded consumers by concealing its carry-on bag fees on tickets sold through other online travel agents, saying passengers cannot invent and force a disclosure obligation.

  • March 21, 2019

    Judge Says He Can't Decide $15M Sears Credit Card Row Yet

    A New York bankruptcy judge told Sears and a hedge fund owned by its former CEO on Thursday that he'll need more time and evidence before he can decide the rightful owner of $14.6 million in credit card receipts.

  • March 21, 2019

    Ready Capital Nets $105M In Loans For Properties In 4 States

    Ready Capital said on Thursday that it has closed a slew of loans for acquisition and redevelopment purposes for properties in Texas, Florida, California and Illinois for a total of approximately $104.7 million.

  • March 21, 2019

    Ky. AG Wants Answers On Possible PBM Overcharges

    Kentucky's attorney general on Thursday announced that his office will take a hard look at whether pharmacy benefit managers have been charging commonwealth health insurance programs too high a price for prescription drugs, making it the latest agency to probe the PBM industry.

  • March 21, 2019

    Chicago Can't Contest Use Tax Sourcing, Ill. Justices Say

    Illinois circuit courts lack jurisdiction to hear the city of Chicago’s claims that municipalities shorted it tax revenue by sourcing transactions in a manner that subjected them to sales tax instead of use tax, the state Supreme Court ruled Thursday.

  • March 21, 2019

    'Real Housewives' Star Settles Signature Apparel Suit

    An apparel company formerly owned by “Real Housewives of New Jersey” star Christopher Laurita says it has reached a $500,000 settlement of its claims that Laurita and his family's spending habits sent the company into Chapter 11.

  • March 21, 2019

    Ill. Judge Again Gives LL Bean Warranty Suit The Boot

    “Nothing much has changed” in an amended complaint from a customer claiming L.L. Bean Inc.’s switch from a century-old lifetime warranty to a one-year return policy violates consumer protection laws, prompting an Illinois federal judge to dismiss the suit for good on Wednesday.

  • March 21, 2019

    Chicken Of The Sea, Target Reach Deal Over Tuna Price-Fixing

    Target Corp. and two food distributors on Thursday cut loose Chicken of the Sea from sprawling multidistrict litigation in California federal court, agreeing to resolve allegations that the packaged seafood producer fixed prices for canned tuna.

  • March 21, 2019

    Real Estate Rumors: JDL, Rodan Property, Diana Chen

    A JDL Development venture has reportedly landed $735 million in financing for a Chicago residential and retail tower project, Rodan Property Management is said to have bought a Miami industrial property for $12.25 million, and billionaire Diana Chen has reportedly purchased a Los Angeles mansion once owned by Barry Bonds for $23 million.

  • March 21, 2019

    Cooley-Led Levi Scoops Up $624M Ahead Of Market Debut

    Levi Strauss & Co. made its return to the public market Thursday, one day after setting its share price above its initially set range to raise $623.9 million in the Cooley LLP-led jeans and apparel company’s initial public offering.

  • March 20, 2019

    Clorox Sues Lysol Over Rival Cleaner's Dirty Ad Campaign

    The Clorox Co. on Wednesday tarred rival Reckitt Benckiser Group PLC with claims that the Britain-based maker of Lysol brand cleaning products has run an ad campaign aimed at unfairly muddying the reputation of Clorox cleaning solutions, disinfecting wipes and toilet bowl cleaners.

  • March 20, 2019

    Sara Lee's $14.5M Price-Fix Deal With Distributors Nears OK

    A California judge Wednesday said she's ready to grant preliminary approval to Sara Lee's $14.5 million settlement ending claims that it illegally fixed the prices independent distributors could charge for its baked goods but said fees owed to a former attorney for the distributors need to be resolved first.

  • March 20, 2019

    What’s In A Judgeship? More Than Meets The Eye

    Figuring out what constitutes a manageable workload for the nation’s district judges is no simple task. Getting the judiciary the resources it needs is even harder.

  • March 20, 2019

    Swamped: How Magistrate Judges Salvaged Louisiana's Judicial Crisis

    The Western District of Louisiana is supposed to have seven district judges. But for a year, most of the courthouses were operating without a single Article III judge. As usual, magistrate judges picked up the slack.

  • March 20, 2019

    Federal RICO Claims Tossed In Ga. Real Estate Fraud Suit

    The sons of a real estate fraudster who allegedly helped cheat Chinese investors out of more than $20 million partially won their bid Wednesday to cut racketeering claims from a suit filed against them in Georgia federal court.

  • March 20, 2019

    Auto Dealers' Ch. 11 Can't Stop Deceptive Ad Suit, FTC Says

    The Federal Trade Commission argued Wednesday that its false advertising suit against a group of related automobile dealers in Arizona and New Mexico near the edge of the Navajo Nation's borders shouldn't be paused for the dealers' bankruptcy.

  • March 20, 2019

    Vaping Products Supplier Greenlane Files $92M IPO

    Greenlane Holdings Inc., a vaping products distributor that is betting its growth on expansion of the electronic cigarette and cannabis industries, on Wednesday filed an initial public offering estimated to raise $92 million, represented by Pryor Cashman LLP.

  • March 20, 2019

    Retailer Brookstone Gets Approval, Praise For Ch. 11 Plan

    Despite dismal early bankruptcy prospects, retailer Brookstone secured confirmation in Delaware on Wednesday for a Chapter 11 liquidation plan that provided recoveries for unsecured creditors and kept alive some jobs and stores, drawing praise from a judge and stakeholders alike.

Expert Analysis

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • Illinois Has Raised Liability Risk For Nonmanufacturer Cos.

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    In Cassidy v. China Vitamins, the Illinois Supreme Court overturned previous interpretations of Illinois law that shielded nonmanufacturer defendants in strict product liability cases. Distributors and retailers may now find it useful to take a hard look at the value of their relationships with lawsuit-prone foreign manufacturers, says Symone Shinton of Greenberg Traurig LLP.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • 4 Key Issues In Rent-A-Center Case And A $127M Question

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    The Delaware Chancery Court's decision last week in Vintage v. Rent-A-Center is a stark reminder that courts will enforce the terms of a merger agreement as written. The issue to watch is whether Rent-A-Center will be entitled to the reverse termination fee, say attorneys at Cleary Gottlieb Steen & Hamilton LLP.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

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    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

  • Advertisers Should Heed FTC Stats On NAD Referrals

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    While the Federal Trade Commission cannot be expected to act on every referral from the Better Business Bureau’s National Advertising Division, the FTC’s recent follow-up record demonstrates that companies choosing not to comply with NAD recommendations are making a risky bet, says Alexander Goldman, staff attorney at the National Advertising Division.

  • Firms Can Leverage Communications When Economy Is Slow

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    Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.

  • Why A Data Center Sale And Partial Leaseback Is A Win-Win

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    The sale and partial leaseback of older data centers is a clever way to right-size a company, and data center operators benefit from this structure as well because it guarantees them an instant anchor tenant, says Michael Rechtin Jr. of Seyfarth Shaw LLP.

  • Refreshed Efficiency Regulations May Impact Appliance Cos.

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    With the U.S. Department of Energy proposing to rewrite its process for determining energy efficiency standards under the Energy Policy and Conservation Act, appliance manufacturers and importers must understand how these changes may affect their products, say attorneys with Crowell & Moring LLP.