Retail & E-Commerce

  • November 21, 2019

    New Barnes & Noble Owner 'Purged' Older Workers, Suit Says

    Barnes & Noble's new "vulture fund" owners have implemented a cost-saving strategy that depends on the "ruthless and unscrupulous purging" of workers over the age of 40, a former worker said in a proposed class action filed Wednesday.

  • November 21, 2019

    9th Circ. Won't Revive DVD Drive Price-Fixing Suit

    The Ninth Circuit on Wednesday refused to revive claims from consumers accusing two DVD drive makers of participating in a conspiracy to fix prices, affirming a lower court’s ruling that testimony of the buyers’ expert was too hypothetical.

  • November 21, 2019

    Ex-Sears GC Moves To Lewis Brisbois' Employment Group

    Lewis Brisbois Bisgaard & Smith LLP has scooped up a former Sears general counsel for the firm’s Chicago office, saying he has started as a partner in its labor and employment group.

  • November 21, 2019

    UK Probing Hasbro's $4B Buy Of Entertainment One

    Britain's antitrust watchdog on Thursday said it is looking into whether toy and board game giant Hasbro Inc.'s proposed $4 billion takeover of Canada's film and TV studio Entertainment One Ltd. would threaten competition in the U.K. or in the global market.

  • November 21, 2019

    EEOC Scores $2.7M Disability Bias Deal For Sample Servers

    A company that provides retailers with food sample demonstrators agreed to pay nearly $2.7 million to resolve a U.S. Equal Employment Opportunity Commission lawsuit claiming it violated federal anti-discrimination law by forcing servers to stand for most of their shifts, the EEOC said Thursday. 

  • November 21, 2019

    Deals Rumor Mill: Hudson's Bay, Charles Schwab, DoorDash

    A private equity firm is hoping to usurp the previously announced deal for Hudson’s Bay worth about $1.4 billion, Charles Schwab could pay $25 billion to buy smaller rival TD Ameritrade, and DoorDash is considering a direct listing instead of an IPO. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • November 21, 2019

    Mass. Senate OKs 75% Tax On E-Cigarettes, Vapor Products

    Massachusetts has taken a step closer to imposing an excise tax on electronic cigarettes and other vapor products under a bill the state Senate has approved against the backdrop of a continuing court battle over the governor’s temporary vaping ban.

  • November 20, 2019

    Amazon Home Security Raises Privacy Concerns, Dems Say

    A group of Senate Democrats raised privacy concerns Wednesday about Amazon's home security system, Ring, and want to know how users' personal information will be protected from hackers and foreign agents once it's on Amazon's servers.

  • November 20, 2019

    Mary Kay Says Ulta Beauty Infringed Its 'Lash Love' Trademark

    Mary Kay Inc. on Tuesday accused Ulta Beauty of using its "Lash Love" brand name to sell a competing mascara product, infringing a trademark Mary Kay has used to sell its own mascara products for almost eight years.

  • November 20, 2019

    Harvest Health Walks Away From $225M Financing Deal

    Arizona-based cannabis giant Harvest Health & Recreation said Wednesday that it has walked away from a $225 million financing deal and scaled back plans to acquire cannabis licenses in several states.

  • November 20, 2019

    Amazon Seeks To Snuff Out Cuban Charcoal 'Trafficking' Suit

    Amazon Inc. didn't know the origins of imported Cuban charcoal sold on its website by a third party, and therefore couldn't be liable in a Miami man's lawsuit claiming the retailer and an importer violated a ban on knowingly trafficking in property the Cuban government had seized from Americans, according to briefs the companies filed Tuesday in a Florida federal court.

  • November 20, 2019

    Dallas Mall Sued Over Fatal 'Joyrider' Parking Garage Crash

    A well-known shopping center in Dallas was sued Wednesday in Texas court for allegedly failing to prevent a deadly March car crash linked to “joyriding” in the mall’s parking garage, which killed a Chinese businessman and severely injured his friend.

  • November 20, 2019

    Real Estate Rumors: Blackstone, Federal Realty, Argentic

    Blackstone has reportedly leased out about 110,000 square feet in Illinois to Bosch, Federal Realty Investment Trust is said to have paid $85 million for a Brooklyn shopping center, and Argentic has reportedly loaned $30.5 million for properties in Brooklyn and Queens.

  • November 20, 2019

    Avenue Stores Lender Backs Converting Case To Chapter 7

    A lender to insolvent retail chain Avenue Stores Inc. told a Delaware court Wednesday the company's bankruptcy case should be converted to a Chapter 7, saying the move would expose what it said were baseless claims against it by Avenue Stores' unsecured creditors.

  • November 20, 2019

    Skadden, Latham Shape PayPal's $4B Bet On Honey

    PayPal, advised by Skadden, said Wednesday it will shell out roughly $4 billion to snap up Latham & Watkins-led Honey, a technology platform for aggregating and applying online coupons.

  • November 20, 2019

    DOJ Gets Time In Court In Qualcomm's 9th Circ. Class Appeal

    The U.S. Department of Justice will be able to back Qualcomm in court against the certification of a class estimated to include 250 million U.S. phone buyers under a Ninth Circuit order granting the agency five minutes in upcoming oral arguments.

  • November 20, 2019

    Restaurant.com CEO Hit With Suit Over 'Self-Interested' Acts

    Two investors in dining deals website Restaurant.com filed a derivative suit Wednesday in Delaware Chancery Court alleging the company’s CEO has engaged in "self-interested" dealings and unjustly enriched himself amid financial struggle that has led to the company being shopped at an undervalued price.

  • November 20, 2019

    Alibaba Prices Record-Breaking Listing That Could Net $12.9B

    Chinese e-commerce giant Alibaba Group Holding Ltd. tapped the services of five law firms to price a record-shattering secondary listing Wednesday in Hong Kong, expecting to raise up to $12.9 billion in order to fund the retail juggernaut’s expansion.

  • November 20, 2019

    NJ Builder Wins Bid To Halt Deal Amid Redevelopment Push

    The New Jersey state appeals court affirmed a win for a shopping center developer seeking to delay the real estate closing date for the project, ruling Wednesday that governmental red tape and a pending lawsuit justified pausing the sales contract.

  • November 20, 2019

    FTD Seeks Court Approval For Pension Plan Settlement

    Flower and gift retailer FTD Cos. Inc. is asking a Delaware bankruptcy court to approve a settlement with the federal Pension Benefit Guaranty Corp. to resolve nearly $1.8 million in alleged retirement benefits liability.

  • November 20, 2019

    Korean FTC Prepping Sanctions For Search Engine Co.

    South Korea’s antitrust watchdog is getting ready to bring penalties against the country’s largest search engine after finding that Naver Corp. violated antitrust laws by preferring its own platforms in its search results, according to reports.

  • November 20, 2019

    Pa. Supreme Court Says 'Fluctuating' Overtime Unlawful

    The Pennsylvania Supreme Court ruled against supplement store GNC on Wednesday, saying businesses violate state law when they pay overtime using the “fluctuating work week” method, under which businesses can compensate employees at diminishing rates the more they work.

  • November 19, 2019

    Fla. Gov. Pitches $91.4B Budget With Sales Tax Holidays

    Florida would have two sales and use tax holidays in 2020 and would enact property tax relief under a $91.4 billion budget that the governor has proposed.

  • November 19, 2019

    Central Grocers Ch. 7 Trustee Hits Directors With $80M Suit

    A bankruptcy trustee for Central Grocers Inc. sued its former directors in Illinois federal court Tuesday, accusing them of breaching their fiduciary duty in a "fundamental misalignment of interests" to benefit their own stores and seeking at least $80 million in damages.

  • November 19, 2019

    Real Estate Rumors: Munich RE, Lululemon, Investors Bank

    Munich RE is reportedly paying between $850 million and $900 million for a Manhattan office tower, Lululemon is said to have sold a Boston building for more than $7 million, and Investors Bank has reportedly loaned $30 million for a Pennsylvania retail center.

Expert Analysis

  • 3 Ways US Cos. Can Take Advantage Of Tariff Exclusions

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    As the U.S. and China continue their protracted negotiations over trade agreements, there are actions U.S. businesses can take today in an effort to mitigate damages arising out of the latest round of tariffs on Chinese imports, says Katie Roskam at Varnum Riddering.

  • Opinion

    Justices Should Use Florist Case To Settle Free Speech Issues

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    The U.S. Supreme Court should review Arlene’s Flowers v. Washington to answer questions about creative professionals’ First Amendment rights, which the Kentucky Supreme Court did not address in its recent Lexington-Fayette Urban County Human Rights Commission v. Hands On Original decision, says Kristen Waggoner of the Alliance Defending Freedom.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • How High Court May Resolve Generic '.Com' TM Issue

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    In its upcoming U.S. Patent and Trademark Office v. Booking.com decision, the U.S. Supreme Court could uphold the Fourth Circuit’s ruling that generic terms can be transformed into protectable marks when combined with a top-level domain in some cases or, instead, adopt the Ninth and Federal Circuits' more stringent view requiring exceptional circumstances, say attorneys at Knobbe Martens.

  • Illinois Tax Talk: Bounty Hunter Auditors And Qui Tam Claims

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    The Illinois Legislature’s recently passed tax bills — covering sales tax sourcing, contingency-fee auditors and qui tam plaintiffs — conflict with the existing tax infrastructure and each other, making life more complicated for businesses, says Michael Wynne of Jones Day.

  • Opinion

    World Athletics Should Allow Nike's Innovative Running Shoes

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    A close examination of Nike's controversial ZoomX Vaporfly Next% running shoes and a review of investigations by other sports’ governing bodies underline the importance of World Athletics' allowing the Vaporfly Next on the course, says Elizabeth McCurrach of BakerHostetler.

  • MGA Ruling Guides On Time Limits For Trade Secret Claims

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    A California state appeals court recently upheld a trial court’s dismissal of MGA Entertainment’s Bratz doll trade secret claims against Mattel, demonstrating that new claims uncovered during discovery can trigger the statute of limitations under California's Uniform Trade Secrets Act, says Stephen Moses of Ferber Law.

  • Opinion

    ADA Braille Gift Card Claims Shouldn't Gain Traction In NY

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    A recent wave of consumer class claims that challenge the visual accessibility of gift cards under the Americans with Disabilities Act in New York federal courts are facially deficient and should be susceptible to early dismissal, say attorneys at Akin Gump.

  • How Food Label Class Actions Fare In Calif. Vs. NY

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    While food marketing class actions have declined in California and increased in New York over the past few years, an examination of Ninth and Second Circuit case law shows why New York appears to be a less favorable forum for food plaintiffs overall, say attorneys at FaegreBD.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Opinion

    Flavored Vape Ban In Wash. Won't Alleviate Lung Illness Crisis

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    The Washington state cannabis industry has to abide by emergency rules passed in response to a very real health crisis, but there is no evidence, nor have there even been claims, of a connection between flavored cannabis vapor products and the outbreak of lung illnesses, says Samuel Mendez of Lane Powell.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • 2 FTC Cases Take A Stand Against Online Endorsement Fraud

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    Businesses involved in e-commerce should take careful note of the Federal Trade Commission's recent cases against Sunday Riley Modern Skincare and Devumi, because until now consumer protection agencies have struggled to govern fake reviews and false indicators of brand value online, says Brad Elbein at Culhane Meadows.

  • Where A Litigator's Advice Can Improve Agreement Drafting

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    Transactional attorneys should consider consulting with litigation counsel when drafting certain contractual provisions — choice of law, choice of forum, attorney fees and others — that could come into play in a broad range of substantive disputes, says Adrienne Koch at Katsky Korins.

  • Opportunities Abound In Patent Litigation Funding At The ITC

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    The recent funding of a patent infringement claim brought by the University of California Santa Barbara demonstrates the advantages of the U.S. International Trade Commission as a venue, where creative intellectual property owners and litigation financers may find lucrative opportunities, despite a few hurdles, say Matt Rizzolo and Hyun-Joong (Daniel) Kim of Ropes & Gray.