Retail & E-Commerce

  • February 21, 2020

    Real Estate Rumors: Amazon, CCRE, Brightwork

    Amazon reportedly could pay close to $1 billion for the Lord & Taylor building if it reaches a deal, CCRE and KeyBank are said to have loaned $324 million for a New York multifamily portfolio and Brightwork Real Estate has reportedly sold a Florida Wawa property for $7 million.

  • February 21, 2020

    Ind. Man Indicted In $2M EBay, PayPal Scam

    An Indiana man illicitly reaped $2 million in an elaborate scam involving stolen personal data and myriad fraudulent eBay and PayPal accounts, U.S. Department of Justice officials said Friday.

  • February 21, 2020

    Bankrupt Mall Settles Servpro Dispute Over Insurance Money

    The former owners of a defunct Pittsburgh-area shopping mall have reached a settlement over allegedly unpaid bills for cleanup after a 2018 flood, asking a bankruptcy court to approve the deal Friday.

  • February 21, 2020

    Vape Group To Send FDA Deadline Challenge Row To 6th Circ.

    A vaping advocacy group plans to appeal to the Sixth Circuit the dismissal of its bid to postpone a court-mandated deadline for the U.S. Food and Drug Administration to begin enforcement action on e-cigarettes, bringing the vaping industry's row with the FDA to multiple appellate fronts.

  • February 21, 2020

    3rd Circ. Says J&J Must Face Walgreens, Kroger Antitrust Suit

    Walgreens and Kroger have earned another crack at proving Johnson & Johnson snuffed out competition for its arthritis treatment Remicade and hiked the drug’s price tag, as the Third Circuit disagreed with a lower court that a commercial contract barred the retailers’ federal antitrust claims.

  • February 21, 2020

    Rent-To-Own Stores Settle FTC Market-Splitting Charges

    The Federal Trade Commission said Friday that rent-to-own store operators Aaron's Inc., Buddy's Newco LLC and Rent-A-Center Inc. have agreed to stop using pacts that effectively divvied up geographic markets, but one commissioner called the outcome "clearly inadequate."

  • February 21, 2020

    Shopify Joins Facebook-Led Libra Association

    E-commerce software provider Shopify Inc. announced Friday it has joined the Libra Association, noting that it will work as a member of the Facebook-led digital currency project to make commerce smoother across the world.

  • February 21, 2020

    Kroger Seeks 'Severe' Sanctions For Absent Atty In ADA Case

    Pharmaceutical retailer Kroger asked a Florida federal court Friday to impose harsh sanctions against a Florida attorney and his firm for allegedly ducking scheduled meetings and consistently missing court deadlines amid an Americans with Disabilities Act case.

  • February 21, 2020

    1 Firm Guided 2019's Two Largest San Francisco Office Deals

    One law firm landed work on the two largest office deals in San Francisco of 2019, guiding two different sellers on transactions worth roughly $800 million and $600 million.

  • February 21, 2020

    Taxation With Representation: Davis, Skadden, Goodmans

    In this week's Taxation With Representation, Morgan Stanley buys E-Trade in a $13 billion deal, Canada's Northview Apartment REIT is sold for $3.6 billion, and Amherst Residential acquires fellow rental company Front Yard Residential for $2.3 billion.

  • February 21, 2020

    Texas Justices Say Ebola Closure Suit Is Med Mal Claim

    A bridal shop that permanently closed after a visit from an Ebola-infected nurse can't sue the hospital where the nurse worked, after the Texas Supreme Court on Friday determined the dispute is a health care liability claim that requires expert testimony backing the store's claims.

  • February 21, 2020

    Herbert Smith Freehills Helps Hammerson With $519M Sale

    Herbert Smith Freehills represented U.K. real estate firm Hammerson in connection with its sale, announced Friday, of seven retail properties to a fund of European private equity shop Orion Capital Managers for £400 million ($518.9 million).

  • February 20, 2020

    3M To Pay Wolverine $55M For Cleanup Of 'Forever Chemicals'

    Scotchgard maker 3M said Thursday that it has agreed to pay $55 million to shoemaker Wolverine World Wide Inc. to help with Wolverine’s cleanup of Michigan groundwater contaminated by “forever chemicals” known as PFASs.

  • February 20, 2020

    Piece Of Auto Dealer Data MDL Bound For Arbitration

    An Illinois federal judge hit the brakes Thursday on one piece of the antitrust multidistrict litigation against Reynolds and Reynolds Co. and CDK Global, holding that it’s up to an arbitrator to decide whether an automotive industry data technology company’s claims should be arbitrated.

  • February 20, 2020

    9th Circ. Rejects Rehearing Of Walmart Truckers' $55M Award

    The Ninth Circuit declined on Thursday to rehear arguments over its affirmation of a $54.6 million jury award to Walmart truckers who accused the retail giant of paying below minimum wage for rest breaks, with the panel voting in a 2-1 split.

  • February 20, 2020

    Real Estate Rumors: Meritz, Baptist Health, Related

    Meritz Securities has reportedly loaned $350 million for a New York City condo tower, Baptist Health South Florida has reportedly sold a Florida apartment complex for $16.9 million, and Related has reportedly landed $19.5 million for a Florida residential project.

  • February 20, 2020

    Fairway Markets Gets OK For $25M DIP Package

    Supermarket chain Fairway Markets won a New York bankruptcy court's approval Thursday for $25 million in debtor-in-possession financing after settling objections raised by its unsecured creditors.

  • February 20, 2020

    Alcon Can't Clear New Contact Lens Price-Fixing Claims

    A Florida judge refused to let Alcon escape antitrust claims that were added last year to multidistrict litigation over price-fixing, finding that the Swiss optics giant would have to face the newer accusation that it caused a discount lens reseller to lose sales and goodwill.

  • February 20, 2020

    REI Workers Seek Green Light For $5M Security Check Deal

    REI has agreed to shell out $5 million to put to rest claims the outdoor clothing and gear retailer forced its California employees to undergo unpaid security checks before their breaks and after the end of their shifts, according to a motion for preliminary approval of the deal filed Thursday.

  • February 20, 2020

    Hertz's Fight With Insurers Over $23M Bill Sent To Mediation

    A New York federal judge on Wednesday ordered Hertz and a pair of insurers to attend mediation over the car rental giant’s bid for reimbursement of a $23 million legal bill incurred amid a U.S. Securities and Exchange Commission probe.

  • February 20, 2020

    Jack Nicklaus, Golf Gear Maker Settle Image Rights Spat

    A Florida-based company agreed Thursday to pay $15,000 to settle claims it used the image of golf legend Jack Nicklaus to promote a swing-training device after permission had lapsed.

  • February 20, 2020

    Sprint Chided For 'Victim Blaming' Defense In Junk Fax Suit

    Sprint is on the hook for violating a Connecticut junk fax law after a federal judge said he wasn’t impressed with the mobile giant’s “burden-shifting, blame-the-victim approach” to arguing that the motel suing it had no standing to do so.

  • February 20, 2020

    Deals Rumor Mill: Speedway, ThyssenKrupp, Univision

    The Japanese owner of 7-Eleven is in talks to buy Speedway for about $22 billion, ThyssenKrupp is nearing a roughly €16 billion sale of its elevator business, and a front-runner has emerged in the battle to buy Univision. Here, Law360 breaks down these and other rumors from the past week that you need to be aware of.

  • February 20, 2020

    ITC Finds NJ E-Cig Maker Infringed Juul's Patents

    The U.S. International Trade Commission has found that an administrative law judge correctly concluded that a New Jersey-based vape maker infringed Juul's patents for e-cigarettes, paving the way for its products to be removed from stores.

  • February 20, 2020

    Dentons Hit With $32.3M Verdict Over Conflict Of Interest

    Dentons has been ordered by an Ohio jury to pay nearly $32.3 million to a technology company that sued the firm after its attorneys were disqualified in a patent enforcement case because of a conflict of interest involving The Gap Inc.

Expert Analysis

  • What DHS Report Means For Counterfeits In E-Commerce

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    The protectionist policy initiative the U.S. Department of Homeland Security published following the U.S.-China trade deal should be welcomed by brands, because it shifts the responsibility to e-commerce platforms for policing, monitoring and penalizing intellectual property-counterfeiting activities, says Chloe Lee of Incopro.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • Opinion

    High Court Should Not Abet Google's Efficient IP Infringement

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    ​​​​​​​A U.S. Supreme Court ruling in favor of Google in its copyright infringement battle with Oracle would vindicate the search engine’s ruthless economic calculus, encourage IP abuse and dissuade future victims from bringing challenges, says James Skyles of Skyles Law Group.

  • Kentucky Tax Talk: What 3 Bills Show About Governor's Plans

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    Recently introduced legislative tax measures suggest how Kentucky’s new Democratic Gov. Andy Beshear is following up on his campaign promises about tax revenue, tax guidance and Department of Revenue enforcement efforts, say attorneys at Frost Brown.

  • Prop 65 Chemical Labeling Litigation: Trends And Predictions

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    Product safety litigation brought under Proposition 65, California's chemical disclosure law, shows no signs of slowing down in the coming year — with short-form labels and manufacturers' responsibility for product warnings likely to be key areas of contention, says Anne Marie Ellis of Buchalter.

  • Justices Poised To Reshape Employer Religious Bias Issues

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    Two cases before the U.S. Supreme Court this term have the potential to transform a doctrine that exempts religious organizations from employment discrimination claims by their ministers, and a case that may be accepted for review could change Title VII’s undue hardship standard for religious accommodations, says Sarah Schanz at McDermott.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Class Actions Are A Growing Risk For CBD Cos.

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    Warning letters issued by the U.S. Food and Drug Administration and the Federal Trade Commission have sparked a wave of class actions targeting CBD companies, which could reduce investment in the industry and lower the number of products in the marketplace, says Christopher Binns of Loeb & Loeb.

  • How Cos. Can Prepare For Heartburn Drug Cancer Claims

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    As legal claims mount following the U.S. Food and Drug Administration's recent announcement that traces of a carcinogen were found in a common antacid medication, companies that act soon have the best chance to shape the arc of litigation, say Michael Tanenbaum and Kelly Belnick of Tanenbaum Keale.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

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    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • Perspectives

    Book Review: A Lawyer Reflects On Defending Guilty People

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    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

  • 7 Legal And Business Considerations For Influencer Marketing

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    Influencers, agencies, brands and their technology partners should formalize their marketing programs, policies and contract terms in order to comply with increased state and federal regulation, say Vejay Lalla and Shizuka Tiernan of Fenwick.

  • Del. M&A Ruling Shows High Bar For Determining Controllers

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    The Delaware Chancery Court recently rejected a stockholder challenge to the merger of Essendant and Staples, demonstrating that the court will consider a minority stockholder as a controller only when it actually exercises control over a company's business affairs, say attorneys at Fried Frank.

  • The US Product Liability Issues Spreading To The EU

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    U.S. product liability claims are increasingly replicated in the European Union as soon as there is a judgment against a manufacturer, service provider or retailer, and controversial products including glyphosate, talc, cannabis and opioids are particular areas to watch, say Sylvie Gallage-Alwis and Alice Decramer of Signature Litigation.

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