Retail & E-Commerce

  • January 17, 2020

    Sidley, Goldberg Weprin Steer $79M Brooklyn Loan

    Sidley Austin LLP represented M&T Bank in connection with its $78.75 million loan to Goldberg Weprin-counseled Two Trees Management for three properties in New York where the developer is seeking to build a residential project, according to records made public on Friday.

  • January 17, 2020

    3 Firms Shape $115M Menswear Brand Sale To WHP Global

    Ferdinand IP Law Group, Pryor Cashman LLP and Kirkland & Ellis LLP helped steer Tailored Brands Inc.’s $115 million sale of its Joseph Abboud trademarks to the new management firm WHP Global, according to a Friday release.

  • January 17, 2020

    Riddell Can't Dodge High School Football Player's Death Suit

    A Texas federal judge said helmet maker Riddell Inc. must face a lawsuit alleging that its football helmets were defective and led to the death by suicide of a former high school football player, rejecting the company's arguments that the player's mother filed the suit too late. 

  • January 16, 2020

    App Cos. Sue Facebook Over 'Brazen' Anti-Competitive Plot

    A handful of tech companies launched a proposed class action against Facebook on Thursday in California federal court, alleging the social media giant intentionally set out to destroy app developers it deemed as potential rivals in "the most brazen, willful anti-competitive scheme in a generation."

  • January 16, 2020

    Cluttered TJ Maxx, Marshalls Stores Violate ADA, Suit Says

    The owner of TJ Maxx and Marshalls was slapped with a disability discrimination suit in Pennsylvania federal court by a proposed class of consumers who claim the cluttered stores and narrow aisles present a significant barrier to the disabled.

  • January 16, 2020

    Jack Nicklaus Sues Golf Device Maker Over Trademark Use

    Golf legend Jack Nicklaus filed a lawsuit Thursday in Florida federal court alleging that a Sunshine State sports company is using his image and his trademarks without permission to promote a device meant to enhance one’s golf swing.

  • January 16, 2020

    CBD Retailer Latest To Be Hit With ADA Suit Over Website

    CBD seller Green Growth Brands LLC was the latest cannabis company to be hit with a proposed class action under the Americans with Disabilities Act alleging its website is not accessible to blind customers.

  • January 16, 2020

    Turkey And Chicken Price Suits Can't Flock Together, Cos. Say

    Perdue, Cargill and other turkey producers have said there's no reason antitrust allegations against them must be heard by the same judge overseeing a similar sprawling case over chicken prices.

  • January 16, 2020

    Walmart Beats EEOC Discrimination Suit Over Sabbath Work

    A Wisconsin federal judge granted Walmart an early win Thursday over a U.S. Equal Employment Opportunity Commission lawsuit alleging the retail giant engaged in discrimination by rescinding a man’s job offer because he refused to work on his Sabbath, ruling that Walmart had offered reasonable accommodations.

  • January 16, 2020

    Dick's Customer Says Faulty Crossbow Sliced His Fingers

    An Illinois man is suing Dick's Sporting Goods Inc. after a crossbow he purchased from the retailer unexpectedly discharged and ripped through his fingers despite the safety being engaged, according to a lawsuit removed to federal court Thursday.

  • January 16, 2020

    Deals Rumor Mill: Albertsons, Springer Nature, DuPont

    Albertsons is considering an IPO that could value the U.S. grocery giant at about $19 billion, educational publishing company Springer Nature could be valued at as much as €8 billion in an IPO of its own, and DuPont is weighing options for its electronics business, including a potential sale. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • January 16, 2020

    Kylie And Kendall Jenner Accused Of Stealing Lace Design

    Kylie and Kendall Jenner’s apparel companies wove stolen lace designs into thongs, slips and other garments that Nordstrom Inc. and Jet.com Inc. then sold, fabric manufacturer Klauber Brothers Inc. said in a copyright infringement suit filed Wednesday in California federal court.

  • January 16, 2020

    5 Firms Guide Global Blue's €2.3B Merger With Far Point

    Global Blue detailed plans Thursday to list on the New York Stock Exchange through a merger with special purpose acquisition company Far Point that values the private equity-backed tax-free shopping and payments company at €2.3 billion ($2.56 billion), in a deal shaped by five law firms.

  • January 15, 2020

    5th Circ. Says BP Must Pay Walmart $15M For Oil Spill Losses

    The Fifth Circuit ruled on Tuesday that a lower court was right to refuse to take up BP PLC's challenge to Walmart's bid to collect $15 million from a settlement program linked to the 2010 explosion and spill aboard BP's Deepwater Horizon oil rig in the Gulf of Mexico.

  • January 15, 2020

    Lego Competitor Dodges Injunction On Bricks, But Not Dolls

    The Federal Circuit on Wednesday cleared a Hong Kong-based toy company to keep selling several products while Lego sues it for infringement in Connecticut federal court.

  • January 15, 2020

    Best Buy Hit With Suit Over 'Confusing' COBRA Notices

    Best Buy is the latest company to be accused of failing to properly notify former workers of their ability to keep their health care coverage under COBRA, after an ex-employee filed a proposed class action against the retailer in Florida federal court Wednesday.

  • January 15, 2020

    Walmart Beats Whistleblower's Skewed-Sales Claims In Calif.

    A California federal judge tossed a former Walmart executive's whistleblower suit claiming the retail giant wrongfully fired him after he raised issues about its business practices, ruling that Walmart had "a mountain of evidence" the man was a poor-performing employee whose termination wasn't connected to whistleblowing.

  • January 15, 2020

    AmEx Wins Arbitration, Dismissal For Anti-Steering Suit

    Retailers still accusing American Express of violating antitrust law will have to pursue their allegations in arbitration, if at all, after a New York federal judge said Wednesday that merchants with card acceptance agreements are bound by an arbitration agreement while those without them have no case at all.

  • January 15, 2020

    Real Estate Rumors: Amli, Dax Real Estate, HSBC

    Amli has reportedly paid $35 million for a Florida development site, Dax Real Estate is said to have sold three Chicago apartment buildings for $18.4 million, and HSBC has reportedly loaned $32.2 million for a Miami multifamily project.

  • January 15, 2020

    BrickMark Signs Record $135M Tokenized Real Estate Deal

    BrickMark has signed a deal to buy a majority stake in a commercial property in Zurich for 130 million Swiss francs ($134.9 million) in what is the largest ever real estate deal funded by tokens, according to the Switzerland-based, blockchain-focused investment firm's announcement on Wednesday.

  • January 15, 2020

    US-China Trade Deal Aims To Bolster IP Protection

    A trade deal struck Wednesday between the U.S. and China featured a number of commitments from Beijing to strengthen protections on U.S. intellectual property.

  • January 15, 2020

    Robbins Approved To Lead Vape Co. Stock-Drop Suit

    A Florida federal judge approved the selection of Robbins LLP as lead counsel for a proposed investor class action accusing e-cigarette distributor Greenlane Holdings Inc. of keeping quiet about regulatory issues ahead of its initial public offering.

  • January 15, 2020

    Trader Joe's $1.3M Deal Gets Nod In Underfilled Tuna Can Suit

    A California federal judge has given preliminary approval to a $1.3 million settlement intended to end a proposed class action accusing grocery retailer Trader Joe's of underfilling 5-ounce cans of tuna, saying a Ninth Circuit decision last year allows the case to apply California law nationwide.

  • January 15, 2020

    7th Circ. Says Science Must Back Up Aloe Buyers' Label Suit

    A Seventh Circuit judge on Wednesday pushed aloe buyers to put forth scientific evidence to back their claims that Walgreens and its private-label aloe vera gel maker falsely marketed the gel for sunburn relief when the products contain "barely detectable" amounts of anything therapeutic.

  • January 15, 2020

    Sidley Steers Citi's $400M Manhattan Loan To Extell

    Sidley Austin LLP represented a Citibank lending arm in connection with its $400 million loan to Extell Development for several residential and retail units at a Manhattan Hudson Yards tower, according to records made public Wednesday in New York.

Expert Analysis

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • The New Class Action Frontier Under Illinois Privacy Law

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    One year after a pivotal Illinois Supreme Court ruling broadened liability under the Biometric Information Privacy Act, companies in a wide variety of industries need to be vigilant of a rise in potentially financially ruinous class action filings, and there are several steps they can take to protect themselves from BIPA liability, say attorneys at Ropes & Gray.

  • Trademark Profit Awards At High Court Crossroads

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    The U.S. Supreme Court's inquiries at Tuesday's oral arguments in Romag Fasteners v. Fossil suggest it may conclude that a showing of willful conduct is not a threshold gateway through which a trademark plaintiff must pass on the road to disgorgement of an infringer's profits, says Ben Clark of Bryan Cave.

  • High Court May Lean Away From 2nd Circ. In 'Lucky' TM Case

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    The justices at Monday's U.S. Supreme Court oral arguments in the trademark case Lucky v. Marcel appeared skeptical of the Second Circuit’s new four-part test for defense preclusion and seemed to favor the application of existing legal precedent over the creation of a new one, say Robert Potter and Forrest Flemming of Kilpatrick.

  • Why Md.'s Digital Advertising Tax Proposal May Be Unlawful

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    Maryland’s recently proposed digital advertising tax would likely violate the Internet Tax Freedom Act by discriminating against electronic commerce, and violate the U.S. Constitution's commerce clause by unfairly apportioning the tax base, say Charlie Kearns and Charles Capouet at Eversheds Sutherland.

  • Where The Fight Over FTC's Enforcement Authority Stands

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    A flurry of year-end activity, including three petitions before the U.S. Supreme Court and a spate of proposed legislation, requires a recap on the current status of the debate over the Federal Trade Commission's Section 13(b) authority to obtain permanent injunctions and restitution, say John Villafranco and Khoury DiPrima of Kelley Drye.

  • How International Trade May Play Out In 2020

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    Despite the tumult the Trump administration's actions have created in international trade, the president's attempt at long-term disruption of global markets is unlikely to be successful, says Peter Quinter at GrayRobinson.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • An Attractive ITC Tool To Stop IP-Infringing Online Sales

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    The U.S. International Trade Commission issued more general exclusion orders in 2019 than in past years due to the proliferation of intellectual property rights violations in online marketplaces, revealing that it won’t hesitate to implement this powerful and effective remedy when warranted, say attorneys at Hunton.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • Where Global Digital Economy Taxes May Be Headed In 2020

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    Recent progress toward a global minimum tax rate notwithstanding, nations negotiating for an agreement on tax challenges raised by the economy's digitalization and to overhaul the international tax system have much to do in 2020, says Gary Ashford at Harbottle & Lewis.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Uber Policy Calls For Refresher On ABA Confidentiality Rules

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    Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.