Retail & E-Commerce

  • April 09, 2020

    Fairway Markets Says COVID-19 Crisis Justifies Exec Bonuses

    Fairway Markets has told a New York bankruptcy court that the difficulty of running a grocery chain in Chapter 11 and in the face of the COVID-19 pandemic justifies its proposal to pay $2.3 million in executive bonuses.

  • April 09, 2020

    Wegmans Hit With Cake Mix Label Class Action

    Supermarket chain Wegmans Food Markets Inc. was hit on Thursday with a proposed class action alleging that its brand vanilla cake mixes are misleadingly labeled and have less vanilla than the labels claim.

  • April 09, 2020

    6th. Circ. Says Pilot Can't Send OT Case To Arbitration

    The Sixth Circuit refused Thursday to make about 4,000 workers arbitrate wage claims against rest stop operator Pilot in a ruling that also suggested, but did not hold, that arbitration agreements can’t supersede courts’ authority to decide whether a challenged pact is valid.

  • April 09, 2020

    Fed. Circ. Says PTAB Can't Nix Amendments Without Notice

    The Federal Circuit ruled Thursday that the Patent Trial and Appeal Board cannot use its own new theory to find a proposed amended patent claim invalid without first notifying the parties, reviving Nike's long-running bid to amend a shoe patent challenged by Adidas.

  • April 09, 2020

    Real Estate Rumors: Waterbridge, Soon-Shiong, Weiss

    A Waterbridge Capital venture is reportedly looking for $251 million of financing for a downtown Los Angeles mixed-use property, billionaire Patrick Soon-Shiong may personally buy a former Los Angeles hospital and Weiss Group of Cos. has reportedly scored $21.3 million in financing for a Miami mixed-use project.

  • April 09, 2020

    Judge Upholds Arbitrator's Ruling In Cannabis Worker Dispute

    A Nevada federal judge has upheld an arbitrator’s ruling siding with a cannabis consultant who was fired from a dispensary, saying the merits of the company’s case against the United Food and Commercial Workers’ union was up to the arbitrator to decide.

  • April 09, 2020

    Supermarket Income REIT Plans $94M Share Sale

    Supermarket Income REIT is expecting to raise roughly £75 million ($93.5 million) through a planned a sale of shares, the U.K.-based real estate investment trust announced Thursday.

  • April 09, 2020

    Chinese Outdoor Goods Maker's $1.1M Award Confirmed

    A Connecticut federal judge has confirmed a $1.1 million arbitral award issued to a Chinese manufacturer of outdoor equipment and sporting goods after its Connecticut distributor failed to turn up to oppose its petition.

  • April 09, 2020

    3 Firms Guide $76M Loan For Starwood Capital's Miami HQ

    Bilzin Sumberg and Paul Hastings represented Starwood Capital in connection with a $76.16 million loan, Bilzin announced Thursday, with Emmet Marvin-counseled Citizens Bank providing financing for Starwood's project to build its Miami Beach headquarters in a deal that was complicated by COVID-19.

  • April 09, 2020

    Utility Co. Accused Of Using COVID-19 As 'Pretext' To Ax Deal

    A retail utility company has been accused in a $22 million lawsuit in Texas state court of wrongly trying to use the COVID-19 pandemic to end a contract with a business that launched its customer rewards program.

  • April 09, 2020

    Cos. Seek Out Of Fraud Suit Over Chinese Pipe-Fitting Imports

    Three importers accused of evading a triple-digit tariff on pipe fittings told a California federal court that their welded outlets are different from those targeted by the duty.

  • April 09, 2020

    Cravath-Led Booking Prices $4B In New Debt Amid Downturn

    Represented by Cravath Swaine & Moore LLP, Booking Holdings Inc., the owner of travel brands such as Booking.com, Priceline and Kayak, said Thursday it had priced $4 billion in new debt during a downturn in the travel and hospitality industry due to the deadly COVID-19 pandemic.

  • April 09, 2020

    Amazon To Fight Ex-Worker's Medical Pot Suit In State Court

    Amazon can’t use the Americans with Disabilities Act to keep in federal court a wrongful discrimination suit filed by a former warehouse employee who failed a drug test after using medical marijuana, a New Jersey judge ruled Thursday.

  • April 09, 2020

    Coronavirus Litigation: The Week In Review

    States are facing lawsuits amid a push for remote voting in upcoming elections, United Airlines has been sued over refunds for canceled flights, and Walmart was hit with wrongful death claims from the family of a worker fatally infected by the novel coronavirus.

  • April 09, 2020

    Drivers Claim Honda Acura Computer Defect Stops Cars

    A proposed class of Acura drivers is suing American Honda Motor Co. Inc., alleging that a computer defect in cars made in the last few years causes the vehicles to slow or even come to a complete stop while driving, putting drivers at risk of accidents.

  • April 09, 2020

    Billions More For Small Biz COVID-19 Relief Blocked In Senate

    Senate Democrats on Thursday blocked a Republican attempt to approve another $250 billion in forgivable loans to small businesses, seeking changes to the pandemic relief funding and demanding greater consultation across party lines with unemployment claims reaching 17 million over the past four weeks.

  • April 08, 2020

    3 Key Developments As Coronavirus Cases Top 400K

    As the number of U.S. coronavirus cases exceeded 400,000 — with deaths approaching 15,000 — the White House held a 105-minute pandemic briefing, with guidance on essential workers exposed to infected people, optimism about flattening the curve and a push for $250 billion more for small businesses.

  • April 08, 2020

    Fla. Judge Rejects Kroger's Sanctions Bid In ADA Fight

    A Florida magistrate judge rejected calls by a unit of retail giant Kroger to sanction an attorney and his firm for missing court deadlines in an Americans with Disabilities Act suit, finding that Kroger's team had also shown a lack of "professional courtesy" in the case.

  • April 08, 2020

    Investors Say Atty Helped Vape Co. Hide Fraud Allegations

    A pair of investors in what was supposed to be a national vape shop franchise sued the business and its attorney in Florida federal court Tuesday, claiming the lawyer helped the franchiser hide allegations of fraud levied in several lawsuits from potential backers.

  • April 08, 2020

    Owlcam Investors Say Amazon Aided Executives' Self-Dealing

    Executives at Owlcam shortchanged investors with help from Amazon in a scheme to sell the dashboard camera maker's intellectual property to the tech titan in exchange for a $1 million kickback and promises of future employment, according to a lawsuit in Delaware court.

  • April 08, 2020

    Rite Aid To Pay $4.8M To Settle DOJ Cold Medicine Claims

    Rite Aid Corp. agreed to pay a $4.75 million penalty to resolve claims that its employees violated federal drug law by incorrectly recording information about customers who bought cold medicines containing pseudoephedrine, which can be used to illegally manufacture methamphetamines, the U.S. Department of Justice announced Wednesday.

  • April 08, 2020

    4 Lingering Real Estate Questions After $2T COVID Stimulus

    While the historic $2 trillion COVID-19 relief package is intended in part to help the retail, restaurant and hotel sectors, lawyers say landlords, tenants and employees in those areas remain uncertain as to whether — and how — they might obtain some of those funds. Here, Law360 looks at four unknowns for the real estate industry.

  • April 08, 2020

    Grocer, Union Push For Store Clerk 'First Responder' Status

    A national grocery store operator and the nation's largest food and retail union are attempting to designate grocery workers on the front lines of the coronavirus pandemic as first responders, to get priority testing and protective equipment.

  • April 08, 2020

    Fla. Judge DQ'd From Publix Fatal Auto Crash Suit For Bias

    A Florida appeals court on Wednesday removed a judge from a suit accusing a Publix big-rig driver of causing a fatal auto collision while using a cellphone, saying the judge's comments at a hearing showed "disdain" for the company's legal position and its corporate policy on drivers' cellphone use.

  • April 08, 2020

    Real Estate Rumors: RedSky, Knotel, Starwood

    RedSky Capital is reportedly hoping to sell 14 buildings in a Miami opportunity zone, Knotel is said to be seeking to give up roughly 20% of the space it leases, and Starwood Capital has reportedly landed $76.16 million in financing for a Miami Beach office and retail project.

Expert Analysis

  • Calif. Organic Waste Regs Mean Sweeping Changes For Cos.

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    With the California Department of Resources Recycling and Recovery set to release final regulations aimed at aggressively minimizing organic waste, businesses should review their obligations under the rules as well as the details of their local jurisdiction’s implementation, say attorneys at Gibson Dunn.

  • 8th Circ. Ruling Highlights Benefits Of Out-Of-Court Workouts

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    Out-of-court restructuring can be favorable to both distressed companies and creditors, and the Eighth Circuit bankruptcy appellate panel's recent decision in the case of Gas-Mart reassures parties that such workouts would be protected from 20/20 hindsight litigation, says attorney Richard Corbi.

  • Coronavirus Stimulus Fraud May Be A Target For State AGs

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    Emboldened by their 2009 financial recovery enforcement experiences, state attorneys general are expected to play a large role in rooting out fraud, waste and abuse related to Coronavirus Aid, Relief, and Economic Security Act funds, says Jeff Tsai at DLA Piper.

  • Virus Class Actions Against Chinese Gov't Face Uphill Battle

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    Three recently filed class actions claim that the Chinese government is liable for injuries and damages in the U.S. caused by COVID-19 — but precedent suggests that plaintiffs in these cases face little likelihood of recovery, say Robert Boone and Simren Gill at Bryan Cave.

  • How Sellers Can Avoid Price-Gouging For 'Essential' Cannabis

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    With the nascent cannabis industry unexpectedly being labeled "essential" and experiencing a sudden surge in consumer demand, dispensaries and operators must be careful to avoid triggering violations of state-specific price-gouging laws, say Joshua Mandell and Evelina Gentry at Akerman.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

  • Rebuttal

    Coronavirus Is A Direct Physical Loss Triggering Event

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    A recent Law360 guest article argued that COVID-19 losses will not be covered by business interruption insurance, but policyholders can make a formidable argument, backed by multijurisdictional case law, that COVID-19 constitutes physical loss or damage sufficient to trigger coverage, says Gary Thompson at Thompson HD.

  • Does COVID-19 Fall Under Insurers' Pollution Exclusions?

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    Despite inconsistent rulings from state and federal courts, an analysis of bacterial and viral contamination cases provides insight on whether COVID-19 is the type of environmental harm expected to fall within insurance policies' pollution provisions, says Elise Allen at BatesCarey.

  • Predicting COVID-19's IP Impact From Past Recessions' Stats

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    Analysis of U.S. patent data from the last two recessions enables predictions about trends we may see during the COVID-19 recession, including a large decline in filing activity, as well as best practices companies should employ during this time, says Pedram Sameni at Patexia.

  • Coronavirus Pandemic Highlights Value Of Data Centers

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    The COVID-19 crisis has elevated the profile of data centers due to the massive increase in the volume of telecommunication, data processing and storage, and other online activities, say Michael Rechtin and Michael Merar at Seyfarth.

  • How State Price-Gouging Laws Apply To Wholesalers

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    In the current emergency climate caused by the COVID-19 pandemic, wholesale distributors must carefully consider state-level price-gouging statutes and should keep records of increased supplier, labor and material costs when charging more for certain goods, say Lawrence Silverman and Carmen Ortega at Akerman.

  • Anticipating The Pandemic's Impact On Retail Leases

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    There are few contracts between retail tenants and their landlords that consider the effects of a pandemic, but past disputes and court decisions may offer some guidance, say attorneys at Crowell & Moring.

  • 5th Circ. Ruling Amplifies Bristol-Myers Class Action Debate

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    The Fifth Circuit’s recent decision in Cruson v. Jackson National Life Insurance guides defendants on raising the U.S. Supreme Court’s 2017 Bristol-Myers ruling as a jurisdictional objection to a nationwide class, even though it deepens a circuit split, says Michael Ruttinger at Tucker Ellis.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • $1M Settlement Shows FTC's Growing Focus On Origin Claims

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    Given the Federal Trade Commission's recent $1 million settlement with Williams-Sonoma over deceptive product origin allegations, as well as other indications of the FTC's interest in increased enforcement, companies should be prepared to substantiate product origins before launching any new "Made in USA" marketing campaign, say attorneys at Covington.

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