Retail & E-Commerce

  • September 23, 2019

    7th Circ. Affirms Tile Shop's Pay Reconciliation System

    The Seventh Circuit on Monday held that retailer The Tile Shop isn't violating Illinois wage laws through a system designed to stabilize the pay that commissioned sales staff earn each month.

  • September 23, 2019

    Avon Can't Sidestep Ex-Workers' Pregnancy Bias Suit

    A New York federal judge has refocused a proposed pregnancy discrimination class action brought against cosmetics giant Avon and its North American spinoff by three former employees, dismissing allegations by one woman and refusing to send another's claims to arbitration.

  • September 23, 2019

    'Ambiguous' Policy Forces Lloyd's To Pay For Jewelry Heist

    Certain underwriters at Lloyd's of London Inc. can't escape a breach of contract claim brought by a jewelry store whose products were taken during an armed robbery, after an Illinois appellate court ruled the insurance policy was ambiguous.

  • September 23, 2019

    $6M Deal OK'd In Shareholder Suit Over Iconix Accounting

    A New York federal judge greenlit a $6 million settlement between Iconix Brand Group Inc. and its investors Monday, resolving allegations that the fashion brand management company fudged its financial statements in order to hide its deteriorating performance.

  • September 23, 2019

    Purported Metals, Real Estate Co. Must Repay Investors

    A pair of investment firms will get their money back from a California-based company that claimed to have interests in residential properties and silver stockpiles but was actually buying cryptocurrency before defaulting on a loan, according to a Massachusetts federal judge's order on Monday.

  • September 23, 2019

    Home Depot Can't Flee 401(k) Suit, But Financial Advisers Can

    Home Depot can’t escape a proposed class action accusing it of mismanaging its 401(k) plan, but two financial advisers the retailer worked with can, a Georgia federal judge has ruled.

  • September 23, 2019

    DOJ Goes After Philly Pharmacy For $1M In Bogus Billing

    The U.S. Department of Justice on Monday sued a Philadelphia-based pharmacy in Pennsylvania federal court, alleging that its owner and pharmacist billed Medicare for prescriptions that it never purchased or dispensed to patients to pad their pockets with at least $1 million.

  • September 23, 2019

    Loestrin Judge Assigns Antitrust Homework Before Hearing

    The Rhode Island federal judge handling Loestrin buyers' fraud and antitrust claims against drugmakers Warner Chilcott and Watson Pharmaceuticals directed both sides to answer questions related to the pharma companies' market power ahead of next week's potentially packed case hearing.

  • September 23, 2019

    Hyundai Suddenly Drops Pa. Dealership Recall Fraud Case

    Just days after the case was removed to federal court, Hyundai Motor America on Monday inexplicably dropped racketeering claims accusing a business associate of a pair of Pittsburgh-based auto dealerships of intentionally damaging hundreds of cars as part of a scheme to reap more than $5 million in unearned warranty coverage.

  • September 23, 2019

    Publishers Fight Audible's Bid To Nix Suit Over Text Captions

    A group of major book publishers is urging a New York federal judge to reject a bid by Amazon’s Audible to toss a copyright suit over a planned speech-to-text feature, saying the audiobook giant’s arguments are based on a misunderstanding of copyright law.

  • September 20, 2019

    EEOC Nets Nearly $1M In Wave Of Disability Bias Deals

    Over the past week, the U.S. Equal Employment Opportunity Commission scored court approval for settlements totaling almost $1 million that end disability bias suits the agency filed on behalf of workers and job applicants, including a refinery worker with vision loss and a paraplegic PacSun applicant.

  • September 20, 2019

    Bilzin Sumberg Sanctioned For Claims Against Opponents

    A Florida state judge has sanctioned Bilzin Sumberg Baena Price & Axelrod PA and partner Jose M. Ferrer, finding they improperly handled attorney-client privileged communications that formed the basis for a bad-faith motion to strike their opponent's defenses ahead of a damages trial in a dispute between former business partners.

  • September 20, 2019

    Feds Fight Avenatti's Bid To Escape Extortion Charges

    Prosecutors have hit back against a claim by embattled celebrity attorney Michael Avenatti that he was singled out for his criticism of President Donald Trump and that the extortion and conspiracy charges against him are politically motivated, saying there's no evidence to back up Avenatti’s claim.

  • September 20, 2019

    ABA Tells Justices TM Profit Awards Don't Need Willfulness

    The American Bar Association has weighed in on a circuit-splitting issue over when to award profits in trademark cases, telling the U.S. Supreme Court that federal trademark law does not require that willfulness be proven to make infringers hand over their profits.

  • September 20, 2019

    Tuna Cos. Look To Bar Testimony Over 'Racial Stereotypes'

    Canned-tuna giants StarKist and Chicken of the Sea urged a California federal judge to block class action price-fixing plaintiffs from using an expert witness who relies solely on "cultural and racial stereotypes" about Asians to blur the line between the companies and their corporate parents.

  • September 20, 2019

    Marketing By Vape Cos. 'Severely' Limited In LA Settlement

    Two e-cigarette companies would be banned from using actors and social media influencers under the age of 30 in their marketing and be "severely restricted" in other areas of their California advertising and promotional strategies under a lawsuit settlement announced Friday by the Los Angeles city attorney.

  • September 20, 2019

    Internet Society Urges IoT Regulation Prioritizing User Control

    Policymakers must ensure that the so-called internet of things is governed by regulations that protect consumers’ privacy and give them more control over their devices, services and the management of their data, the nonprofit group Internet Society said in a recent policy brief.

  • September 20, 2019

    VW, Audi, Bosch Escape Sales Reps' Lost Commissions Suit

    A California federal judge on Friday dumped a proposed class action from individual salespersons claiming they lost out on commissions from unsold cars after Volkswagen's emissions cheating scandal erupted in 2015, saying their fraud and racketeering claims were shaky and needed to be backed up with additional facts. 

  • September 20, 2019

    Brewer Asks 7th Circ. To Revive Rest Of Ontario Beer Case

    A Wisconsin brewery has asked the Seventh Circuit for a rehearing after the court refused to revive pieces of its suit claiming Anheuser-Busch InBev and Molson Coors Brewing Co. conspired to restrict the flow of American beer exports to Ontario, Canada.

  • September 20, 2019

    Rothy’s Settles IP Row With Rival Shoemaker Over Ballet Flats

    A Virginia federal judge has dismissed an infringement and trade dress suit after Rothy’s Inc. and Oesh Shoes told the court they’d reached a deal to resolve allegations that an Oesh design was confusingly similar to Rothy’s ballet-style flats.

  • September 20, 2019

    Insurer Doesn't Have To Cover Stanley Cup TM Defense Costs

    An insurer doesn’t have to cover remaining costs of a collectibles company’s Stanley Cup trademark infringement settlement with the National Hockey League because the company inexcusably delayed notice of the claim, an Illinois federal judge ruled Friday.

  • September 20, 2019

    REIT Choice Properties Selling 30 Assets For $321M

    Choice Properties Real Estate Investment Trust has reached a deal to sell 30 properties for about CA$426 million ($320.8 million), according to an announcement Friday from the Toronto-based REIT.

  • September 20, 2019

    Seven Firms To Steer 4 IPOs Raising $1.8B, Led By Peloton

    Seven law firms will steer four initial public offerings slated to price during the week of Sept. 23, led by an estimated $1.1 billion offering by home exercise startup Peloton Interactive and Hollywood talent agency Endeavor Group's potential $600 million IPO.

  • September 20, 2019

    Federal Wage Law Covers Cannabis Workers, 10th Circ. Says

    The Fair Labor Standards Act applies to workers in the marijuana industry, the Tenth Circuit ruled Friday, upholding a trial court’s decision that workers at a Colorado cannabis security company can pursue overtime claims even though pot is illegal under federal law.

  • September 20, 2019

    Atty Who Went AWOL On Injury Case Gets 2-Year Suspension

    A New York state appeals court has suspended a personal injury attorney with a history of disciplinary actions for two years after he neglected a slip-and-fall case and only learned that it had been dismissed when his former client sued him.

Expert Analysis

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

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    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

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    Pursuing Wellness: Mental Health Education As A Firm Priority

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    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • Drone Deliveries Face Technological, Legal Hurdles

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    After years of anticipation, a handful of companies are getting closer to delivering packages in the United States by drone — but navigational and safety technologies are still maturing, and security, privacy and jurisdictional questions remain, says Caroline Gentry of Porter Wright.

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    Pursuing Wellness: A Firm's Work With Mental Health Experts

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    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • Marriott Order Good News For Cybersecurity Class Action Bar

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    A Maryland federal judge's recent decree ordering Marriott to release a crucial third-party report revealing key details about how a data breach occurred could have significant ramifications for plaintiffs filing class actions following breaches of customer data at other companies, says cybersecurity consultant John Reed Stark.

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    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

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    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Top 5 Modern Tax Challenges For Digital Health Companies

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    As jurisdictions around the world adapt and modernize to capture revenue that would otherwise escape taxation under frameworks put in place long before today’s technology existed, digital health companies face rising tax uncertainty, say Kathleen Gregor and Elizabeth Smith of Ropes & Gray.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • How Amendments Changed The Calif. Consumer Privacy Act

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    Friday was the final day to pass amendments to the California Consumer Privacy Act, and the most notable changes for businesses are addition of limited exemptions for the personal information of employees and business-to-business contacts as well as changes to the definition of personal information, say attorneys at Husch Blackwell.

  • To Defer Or Not To Defer: Kisor's Impact On Tax Controversies

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    Three recent federal tax cases show how the U.S. Supreme Court's June decision in Kisor v. Wilkie, substantially restricting agency deference, is affecting interpretation of the many regulations and guidance issued post-tax reform, say Andrew Roberson and Kevin Spencer at McDermott.

  • TM Rights Vs. Free Speech In Humvee Call Of Duty Case

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    The New York federal court case AM General v. Activision, involving use of the trademarked "Humvee" vehicle in a First-Amendment-protected video game, is set to have wide-ranging legal, creative and brand implications across a host of industries, says David Jacoby of Culhane Meadows.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • 9th Circ. Could Mend Split On Class Rules For PAGA Claims

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    There is reason to doubt the position of California district courts that decline to apply federal class action requirements to representative Private Attorneys General Act claims, an issue that has created a divide that the Ninth Circuit is poised to resolve in Canela v. Costco, say Felix Shafir and John Querio at Horvitz & Levy.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.