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Retail & E-Commerce

  • November 15, 2018

    Pot Workers Aren’t Protected By FLSA, 10th Circ. Told

    A Colorado company that provides security services to the state’s legal cannabis growers and sellers told the Tenth Circuit on Thursday its employees can’t pursue allegedly unpaid overtime under the Fair Labor Standards Act because their work is inherently illegal under federal law.

  • November 15, 2018

    Sexy Hair Gets Initial OK For $2.3M Deal Over Labeling

    A shampoo labeling flap appears headed for a $2.33 million settlement after a Massachusetts federal judge gave his preliminary stamp of approval late Wednesday in a dispute involving a proposed class suing beauty products retailer Ulta and shampoo maker Sexy Hair Concepts LLC.

  • November 15, 2018

    PTAB Declines To Review Foldable Chair Design Patent

    The Patent Trial and Appeal Board has declined to review an Idea Nuova Inc. patent covering the design of a foldable chair, finding that a rival chair maker failed to show how the patent was likely invalid as obvious or anticipated over images on another website.

  • November 15, 2018

    FDA Seeks Ban On Menthol Cigarettes, Limits On E-Cig Sales

    The U.S. Food and Drug Administration on Thursday proposed a ban on menthol cigarettes and flavored cigars, along with new restrictions on sales of flavored e-cigarettes, in an effort to prevent youth access.

  • November 14, 2018

    Travel Co. Trying To Pay Flyers To Duck Settlement, Atty Says

    A travel booking firm accused of jacking up airfares tried to end-run the settlement process in an antitrust suit by engaging in direct talks with several airline ticket buyers, a lawyer for the passengers who brought the suit has told a New York federal judge.

  • November 14, 2018

    FTC Shuts Down 1-800 Contacts Online Ad Compacts

    The Federal Trade Commission has ordered an end to a set of marketing agreements between 1-800 Contacts Inc. and its competitors that hurt competition in advertising through online search engines, the agency announced Wednesday.

  • November 14, 2018

    Woman Says Victoria's Secret Bra Exploded, Burned Her

    A Texas woman on Tuesday hit Victoria's Secret with a suit in New York state court alleging that a defective bra suddenly leaked and exploded, causing her to suffer burns and scarring on her chest.

  • November 14, 2018

    Deals Rumor Mill: Tencent, Levi, Legendary Entertainment

    Tencent is discussing joining a group vying to take over Finnish sporting goods company Amer Sports Oyj, Levi Strauss & Co. is planning to go public, and the public investment arm of the government of Saudi Arabia is mulling snapping up a stake in Legendary Entertainment.

  • November 14, 2018

    Sears Battles Creditors Urging Total Liquidation

    Sears Holdings Corp. is firing back at its unsecured creditors' objections to its bidding procedures proposal, telling a New York bankruptcy court that the committee is making "uninformed" suggestions that could cost the estate billions.

  • November 14, 2018

    Cargill Units For Sale As La Coop Antitrust Worries Crop Up

    Four Canadian retail locations belonging to Cargill Ltd. will be sold off to deal with antitrust concerns surrounding the company's grain business merger with La Coop fédérée.

  • November 14, 2018

    VW, Bosch Say Dealerships' RICO Losses Are Intangible

    Volkswagen AG and Robert Bosch GmbH said Tuesday in California federal court that businesses that invested in building new Volkswagen dealerships or expanding existing dealerships in the midst of the German automaker's 2015 emissions-cheating scandal have overblown their claims of a conspiracy and financial losses from Volkswagen’s reputational hit.

  • November 14, 2018

    Lord & Taylor Cuts $100K Deal In Racial Profiling Probe

    Upscale clothing retailer Lord & Taylor LLC has agreed to pay $100,000, provide bias training to its staff and improve its shoplifting policies to resolve a racial discrimination investigation over the company’s loss prevention practices, Massachusetts Attorney General Maura Healey said Tuesday.

  • November 14, 2018

    Chicago Says Online E-Cig Cos. Target City Youth

    The city of Chicago on Tuesday hit eight online e-cigarette retailers with a suit in Illinois state court claiming the companies were caught selling e-cigarette products to underage city residents who were targeted with deceptive marketing, like fart jokes on social media.

  • November 13, 2018

    Nine West Gets OK To Solicit Votes On Ch. 11 Plan

    Nine West Holdings Inc. received New York bankruptcy court approval Tuesday to solicit votes from creditors on its plan to reorganize in Chapter 11 while certain stakeholders maintain that the fashion company's proposal to settle potential fraudulent transfer claims against owner Sycamore Partners is woefully inadequate.

  • November 13, 2018

    Colo. High Court Must Decide Collateral Source Row: Walmart

    Walmart has asked the Colorado Supreme Court to weigh in on a ruling in a state slip-and-fall case that applied an exception to the collateral source rule to Medicare beneficiaries, a decision that the retail giant said could open Colorado businesses to increased liability and encourage medical providers to engage in fraud.

  • November 13, 2018

    Toys R Us Wins Approval Of Ch. 11 Creditor Payment Plan

    A Virginia bankruptcy judge on Tuesday approved a Chapter 11 plan to facilitate the wind-down of Toys R Us Inc., putting in place a means for the iconic brand to survive in a limited form and its creditors to receive some means of recovery.

  • November 13, 2018

    Sears Seeks Emergency Motion To Sell $900M In Debt

    Sears is asking a New York bankruptcy court for an emergency motion to put $900 million in intercompany debt up for sale, saying it has a limited window to turn the debt into cash before the company's credit default swaps go on the block.

  • November 13, 2018

    Walmart Can't Decertify Massive Meal Break Class

    Walmart has lost a bid to decertify a class of at least 50,000 workers who claim the big-box retailer underpaid them for missed lunch breaks, with a California federal judge finding Tuesday that company records allowed the court to assess potential liability on a class basis.

  • November 13, 2018

    Sainsbury, Walmart Unit Say UK Merger Concerns Unfounded

    Grocery outlet Sainsbury and Walmart Inc.'s U.K. subsidiary have responded to criticisms that their proposed merger would harm competition, saying in a report made public Tuesday that it would instead lead to an increase in competition and lower prices for consumers.

  • November 13, 2018

    Juul Pulls Flavored E-Cigs As New FDA Regulations Loom

    Juul Labs announced Tuesday that it was pulling its flavored products from stores and taking other steps to address youth use of e-cigarettes, days after reports that the Food and Drug Administration is gearing up for a crackdown against e-cigarette companies.

Expert Analysis

  • High Court May Dim Lights On Class Arbitration In Lamps Plus

    Adam Primm

    Following recent U.S. Supreme Court oral arguments in Lamps Plus v. Frank Varela, the Ninth Circuit’s decision in the case appears to be facing an uphill battle to uphold the authorization of class arbitration, say Adam Primm and Peter Kirsanow of Benesch Friedlander Coplan & Aronoff LLP.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • Solving The Mystery Of Contracting By Hyperlink

    Alan Wingfield

    When analyzing the incorporation of contract terms by reference using hyperlinks, courts are increasingly focusing on the hyperlink's labeling, location, prominence and accessibility, and on the consumer's assent, say Alan Wingfield and Troy Jenkins of Troutman Sanders LLP.

  • Software Companies Especially At Risk After Wayfair

    Brian Sengson

    Despite a commonly held belief in the technology community that the “service” portion of software-as-a-service means that sales tax has no significance, a growing number of states now require SaaS companies to collect sales tax on their invoices, says Brian Sengson of Bennett Thrasher LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Consider Potential Risks Of Scraping Publicly Available Data

    Kris Kappel

    One legal regime currently wrestling with the concept of data scraping is the Computer Fraud and Abuse Act. An important distinction that is emerging from the CFAA case law is whether the targeted data is publicly available or private and protected, say Kris Kappel and Liam Reilly of Husch Blackwell LLP.

  • 5 Key Takeaways From Portland's New Large Retailer Tax

    John Gadon

    John Gadon and Eric Kodesch of Lane Powell PC discuss who and what is included under the new 1 percent gross receipts tax on large retailers passed by Portland, Oregon, voters via ballot measure last week.

  • What To Expect From New Democratic Investigation Efforts

    Reginald Brown

    The new Democratic House majority is expected to direct much of its attention to executive branch oversight and accountability. Companies and their legal counsel should be prepared for a dramatically changed collateral environment as investigations cover a wide range of topics, say attorneys at WilmerHale.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.