Retail & E-Commerce

  • July 19, 2019

    DOJ Tries To Push CVS-Aetna Deal Past Court Review

    The U.S. Department of Justice on Friday urged a D.C. federal judge to sign off on its settlement clearing CVS' purchase of Aetna, trying to rein in the scope of the court's review but facing resistance from the bench during oral arguments.

  • July 19, 2019

    Polsinelli Bags Blank Rome Real Estate, Retail Litigator

    Polsinelli PC has hired a real estate and commercial litigator with experience in retail internal investigations from Blank Rome LLP in New York, part of the firm’s larger lateral hiring spree this month.

  • July 19, 2019

    Real Housewife Settles Pay-Seizure Suit With Vineyard Vines

    "Real Housewives of New Jersey" star Margaret Josephs has settled a New York state court lawsuit over clothier Vineyard Vines’ bid to intercept her Bravo pay to help satisfy a $610,000 federal copyright infringement judgment, a lawyer for the reality star said Friday.

  • July 19, 2019

    Brand Battles: Tinder Tightens Grip On 'Swipe' Trademark

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Tinder takes a swipe at a smaller company's “Swiped-Out” trademark, golf legend Jack Nicklaus defends his "Golden Bear" logo, and BMW finds itself in a "Mini" dispute with Macy's.

  • July 19, 2019

    Polsinelli Taps Ex-Akerman Atty To Head Int'l Trade Team

    Polsinelli PC has brought on a former Akerman LLP partner to chair its international trade and customs practice, while bolstering its global franchise and supply network practice with the addition of three more attorneys, the firm has announced.

  • July 19, 2019

    Gamers Say Nintendo Joystick Defect Ruins Controllers

    A proposed class of video game players sued Nintendo of America Inc. in Washington federal court on Friday, saying the acclaimed developer has known about a defect in controllers for its latest system but refuses to fix it.

  • July 19, 2019

    4 Arrested Over $10M Medicaid Fraud Via NYC Pharmacy

    A New York City pharmacy owner and three of her managers were arrested over a multifaceted scheme that included bribing customers to have their HIV drug prescriptions filled there and over $10 million in Medicaid fraud, the New York attorney general announced Friday.

  • July 19, 2019

    Shaw's Not Liable For Patron's Murder, Maine Judge Finds

    A Shaw's grocery store could not have foreseen that a customer with a shaved head and Nazi tattoos would opt to randomly kill another customer in the ice cream aisle one summer afternoon, a Maine federal judge has determined as he tossed the negligence case.

  • July 19, 2019

    Groups Urge Libra Partners To Stand Up To Facebook

    Four public advocacy groups on Thursday urged the Libra Association's more than two dozen partners to withdraw from the Facebook-led cryptocurrency project, a day after skeptical lawmakers grilled the social media giant.

  • July 18, 2019

    Nike Says Kawhi Leonard's Logo Suit Flouts Copyright Office

    Nike Inc. shot back Wednesday at NBA Finals MVP Kawhi Leonard's federal lawsuit seeking to deny the shoe company the copyright to a "Claw" logo that Leonard says he designed based on his notably large hands, alleging the star player is trying to "re-write history" and "defraud" the U.S. Copyright Office.

  • July 18, 2019

    Seafood Co. Exec Cops To $4M Crab Label Fraud

    An executive at a Virginia seafood processor admitted in federal court Thursday to helping his father falsely label millions of dollars' worth of foreign crabmeat as “Product of USA,” according to the U.S. Department of Justice.

  • July 18, 2019

    3rd Circ. Exceeded Authority In Liability Ruling, Amazon Says

    Amazon.com Inc. accused a Third Circuit panel on Wednesday of legislating from the bench when it handed down a precedent-setting decision this month finding that the online retailer could be held liable for defective products manufactured by third parties, asking for the entire court to hear the case.

  • July 18, 2019

    Google, Lendlease Team Up On $15B Bay Area Project

    Google and Australia-based construction company Lendlease Group have reached a roughly $15 billion agreement to redevelop Google's properties in three Silicon Valley markets into mixed-use communities with plans to build 15,000 or more homes, according to a Thursday announcement from the companies.

  • July 18, 2019

    Sports Photogs' Claims Against Last Memorabilia Co. Tossed

    A lawsuit launched by a pair of sports photographers against nearly two dozen companies and individuals accused of illegally reprinting and selling their photos has come to an end after a New York federal judge on Thursday dismissed claims against the last remaining defendant for lack of jurisdiction.

  • July 18, 2019

    CVS Says It's 'Impossible' To Tell Who's In Price-Gouging Suit

    CVS urged a Rhode Island federal judge not to certify classes of insured health plans claiming the company conspired with pharmacy benefits managers to overcharge them for generic drugs while secretly offering discounts to cash-paying customers, saying the fraud classes are undefinable.

  • July 18, 2019

    Deals Rumor Mill: AB InBev, AT&T, Axalta

    AB InBev is reportedly mulling selling off assets after the company scrapped a planned Hong Kong offering of its Asia Pacific unit, AT&T is looking at options for its Puerto Rican business, and Axalta Coating Systems is exploring a sale.

  • July 18, 2019

    Real Estate Rumors: Magnum, Oscar Health, Trez Forman

    A Magnum Management venture has reportedly sold a New York retail condo for $88.75 million, Oscar Health is said to be taking another 80,000 square feet in New York, and Trez Forman Capital has reportedly loaned $13.2 million for a Florida luxury condo project.

  • July 18, 2019

    Investors Slam Camping World's Bid To Toss Stock-Drop Suit

    A putative class of investors urged an Illinois federal court not to toss their suit against Camping World Holdings Inc., saying "operational challenges" and a failure to predict the future by its leadership still meant it misled investors.

  • July 18, 2019

    House OKs $15 Minimum Wage Hike, Teeing Up Senate Battle

    The U.S. House of Representatives on Thursday passed a hotly debated proposal to raise the minimum wage for the first time in a decade, approving a Democratic plan to gradually raise the wage to $15 over six years.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

  • July 17, 2019

    The Stories They Tell About Justice Stevens

    Justice John Paul Stevens had a legendary reputation as one of the most humble and caring members of the court. His clerks related some tales that show why.

  • July 17, 2019

    Hear Justice Stevens In 5 Memorable Moments On The Bench

    Justice John Paul Stevens was known for being collegial and kind, but he also wasn’t one to mince words. Listen to a few of the justice’s most memorable words from the bench, in majority opinions, sharply worded dissents and at oral argument.

  • July 17, 2019

    Justice Stevens' High Court Legacy In 4 Charts

    In this data deep-dive, Law360 examines retired Justice John Paul Stevens’ long tenure, his relatively breezy confirmation, his transformation from a run-of-the-mill Republican appointee to runaway liberal, and the legacy that lives on in his clerks.

Expert Analysis

  • 4 Things FTC Competition Bureau Looks For In White Papers

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    Most written advocacy to the Bureau of Competition is of an extremely high quality, but sometimes we notice that there’s some room for improvement, says Daniel Francis, an associate director at the Federal Trade Commission's Bureau of Competition.

  • Opinion

    Time To Heed Justice Stevens' Criticism Of Gun Decision

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    Justice John Paul Stevens was right that the U.S. Supreme Court's 2008 gun rights decision in Heller desperately needs to be overruled, but while he viewed revision or repeal of the Second Amendment as the easier course for correction, only the court can clean up the mess it made, says Robert Ludwig​ of the American Enlightenment Project.

  • Before The DST Settles: What To Know About UK Digital Tax

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    With the introduction of detailed legislation on July 11 for what the United Kingdom considers to be “a targeted, proportionate and temporary tax,” the U.K. hopes to keep the pressure on the Organization for Economic Cooperation and Development for a comprehensive consensus-based solution to a digital services tax, say attorneys at Squire Patton.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • Recent Tax Lessons About When A Business 'Starts'

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    The U.S. Tax Court's decision this month in Smith v. Commissioner — finding that a taxpayer was carrying on his business in a year without sales income — provides guidance on determining when a business started and proving it, says Bryan Camp, a professor at Texas Tech University School of Law.

  • USPTO Guidance Changes Cannabis TM Filing Strategy

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    A narrow range of filings for trademark registrations covering cannabis goods or services is permitted under new U.S. Patent and Trademark Office guidelines, and cannabis-related business owners who could not previously receive federal trademark protection should now reassess their options for protecting their brands, says Daniel Lano of Dinsmore & Shohl.

  • California Tax Takes: San Francisco Tax Litigation Heats Up

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    On July 5, the San Francisco Superior Court held that two local taxes passed by voter initiative are valid because they are not subject to the two-thirds voting requirement for special taxes codified in the California Constitution. Attorneys at Reed Smith discuss the implications for San Francisco taxpayers who must now pay the taxes despite continuing litigation in the case.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Tips For Patenting And Protecting Wearable Technology

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    The approach to patents practiced by fashion brands needs to evolve as technology’s integration into fashion becomes more frequent and complex, says Barry Lewin of Gottlieb Rackman.

  • A New Direction For Commission-Only Compensation In Mass.

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    The Massachusetts Supreme Judicial Court's recent decision in Sullivan v. Sleepy’s changes the way employers can implement commission-only compensation plans and may signal the start of open season for overtime claims by certain commission-based employees, says Emily Crowley at Davis Malm.

  • Online Marketplaces: Continuing Product Liability, CDA Issues

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    Two federal circuit courts recently ruled on whether online marketplaces can incur liability for products manufactured or sold by third parties, and on whether the Communications Decency Act of 1996 bears on this question. The cases highlight the difficulty of assessing whether a claim is speech- or product-related, says Steven Kramer of Eckert Seamans.

  • EU Adidas TM Case Elucidates 'Acquired Distinctiveness'

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    A recent decision by the General Court of the EU, Adidas AG v. European Union Intellectual Property Office, clarifies that trademark owners may rely on broadly equivalent variants when seeking to prove acquired distinctiveness and illustrates that surveys have a role to play in EU trademark proceedings, say attorneys at Powell Gilbert.