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Retail & E-Commerce

  • May 17, 2019

    Airplane Broker Can't Slip 7-Year Sentence For Skimming

    The Eleventh Circuit said Friday that the lower court did not err in ordering a 90-month prison sentence, and more than $600,000 in restitution, for a former airplane salesman convicted of skimming from his employer.

  • May 17, 2019

    Texas High Court Allows Taking Of Developer's Land For Road

    A divided Texas Supreme Court said on Friday the City of Rowlett, Texas, had the authority to condemn land owned by a private developer even though the move helped a rival developer and a private business, deciding that there was a valid public use driving the decision.

  • May 17, 2019

    CVS Ditches False Ad Suit Over Joint Health Pills

    CVS Health Corp. can escape a putative class action over claims it falsely advertised its line of CVS Health Glucosamine products, a California federal judge has ruled, finding that the pharmacy giant's packaging complies with federal labeling law, preempting the state law claims asserted in the suit. 

  • May 17, 2019

    Real Estate Rumors: Lennar, Xinyuan, IMC Equity

    Homebuilder Lennar is reportedly under contract to buy an 89-acre site in Florida, developer Xinyuan is said to have landed $30 million in financing for a Queens mixed-use project, and IMC Equity has reportedly purchased a Miami development site for $13.5 million.

  • May 17, 2019

    Deals Rumor Mill: OneConnect, Starz, Carrefour

    A financial technology unit of Chinese conglomerate Ping An Insurance has tapped advisers related to its plans to go public in Hong Kong, Lions Gate rebuffed a $5 billion offer for its Starz network from CBS Corp, and Carrefour is considering selling a minority stake in its Chinese business.

  • May 17, 2019

    GNC Says Unauthorized Amazon Reseller Tarnishes Its Name

    GNC said an unauthorized, Brooklyn, New York-based Amazon store is damaging the company's reputation by selling knockoffs of its products or second-hand goods without GNC's customer service or quality controls, according to a lawsuit filed Friday in Pennsylvania federal court.

  • May 17, 2019

    No Delay For CVS-Aetna Deal Review

    The U.S. Department of Justice deal clearing the CVS-Aetna merger remains bound for review with live witness testimony in early June after a D.C. federal judge rejected CVS Health Corp.'s bid to delay the first-of-its-kind review by more than a month.

  • May 17, 2019

    Crowell & Moring's Falvey Talks Safety And Internet Of Things

    Crowell & Moring LLP partner Cheryl Falvey, a former general counsel for the U.S. Consumer Product Safety Commission, spoke to Law360 about what she's watching these days on the product liability front, including the thorny issues cropping up around the "internet of things."

  • May 16, 2019

    Skechers Light-Up Shoes Burn Kids, Mother's Suit Says

    Popular light-up children's shoes made by Skechers USA Inc. contain a dangerous defect that can cause skin burns, an Illinois mother claimed in a proposed class action filed Thursday.

  • May 16, 2019

    Trump's Telecom Salvos Plunge China Talks Into The Unknown

    The prospects for a sweeping U.S.-China trade deal were looking dim even before President Donald Trump dealt a pair of blows to Beijing's mighty telecom sector on Wednesday, a move that injected even more uncertainty into the already-fraught negotiations.

  • May 16, 2019

    Kanye Collaborator Conned Korean Fashion Co., Suit Says

    Kanye West collaborator Malik Yusef was hit with a lawsuit Thursday in Los Angeles county court claiming he got paid to help a Korean fashion company put together a star-studded ad campaign for a new line of sunglasses, but never intended to deliver.

  • May 16, 2019

    11th Circ. Revives Hoverboard Fire Suit Against Amazon

    The Eleventh Circuit on Thursday resuscitated a Georgia man’s suit over a hoverboard he bought through Amazon that started a fire, destroyed his home and severely injured him, finding it's plausible Amazon knew about the risk when it sold the product.

  • May 16, 2019

    Wiretap Suit Against Chinese Sex Toy Maker Survives

    A California federal court pushed forward most of a class action claiming that a Chinese sex toy maker illegally harvested data from its users, finding for the first time that vibration intensity settings are "content" under wiretapping law.

  • May 16, 2019

    Jiffy Lube Worker Wants No-Poach Case Kept In Pa.

    A former Jiffy Lube worker explained to a Pennsylvania federal court that he filed his suit challenging no-poach provisions in the company's franchise agreements in the district where the pacts prevented him from both "coming and going" and that the case should not be transferred to Texas.

  • May 16, 2019

    ButcherBox Customer Has Beef With Auto Service Renewals

    Meat-delivery service ButcherBox illegally automatically renews subscriptions without providing required notice, a California customer alleged Wednesday, taking a hatchet to the e-beef business' practice in a 16-page complaint.

  • May 16, 2019

    Halting Anti-Competitive Conduct Not Enough, Vestager Says

    The European Union's top antitrust official suggested Thursday that the bloc's enforcers need to do more than just stop anti-competitive behavior in fast-moving digital markets, arguing for more proactive authority that can force companies to actually shore up the competition they allegedly undermined.

  • May 16, 2019

    Marketplace Tax Laws Reshaped Retail, Ex-EBay Official Says

    A year before the landmark Wayfair decision, states changed the structure of retail when they began creating marketplace tax laws, a former high-level official at eBay Inc. said Thursday.

  • May 16, 2019

    Frasers Centrepoint Drops $315M On Stake In Singapore Mall

    Frasers Centrepoint Trust has reached a deal to buy a one-third stake in a Singapore shopping mall from a subsidiary of Frasers Property Ltd. for SG$433.3 million ($315.4 million), according to an announcement from the Frasers Centrepoint Trust's manager on Thursday.

  • May 16, 2019

    State AGs Want In On CVS-Aetna Deal Review

    Attorneys general from California, Florida and three other states that helped the U.S. Department of Justice craft a deal clearing the CVS and Aetna merger want time to defend the agreement amid the deal's unusual review process playing out in D.C. federal court.

  • May 16, 2019

    Dick's Owes $1.2M For Massage Rollers, Suit Says

    A California sports equipment maker has filed suit against Dick's Sporting Goods Inc., claiming the retail chain failed to pay for more than $1.2 million worth of its massage devices and ripped off the patented design of the product to make its own.

Expert Analysis

  • A Potential New Fight Over FTC's 13(b) Authority

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    On Friday, ​AdvoCare ​announced​ that an immediate change to its business model was its “only viable option​" and that ​it was​ “in confidential talks” with the F​ederal Trade Commission.​ ​​It seems likely that AdvoCare made the change in order to argue that the FTC does not have authority to bring this case against the company, says John Villafranco of Kelley Drye.

  • The Precarious State Of Public Injunction Waivers In Calif.

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    Two years ago, in McGill v. Citibank, the California Supreme Court made arbitration agreements that preclude consumers from seeking public injunctive relief unenforceable. But some federal courts have deviated from that holding so as to make its future uncertain, say Brian Kabateck and Brian Hong of Kabateck.

  • Treasury's New Rules Streamline Opportunity Zone Program

    Excerpt from Lexis Practice Advisor
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    The U.S. Department of the Treasury's second set of proposed regulations on the opportunity zone program make participation easier overall and open the door for operating businesses in OZs, though not all the new provisions are welcome, says Jessica Millett of Duval & Stachenfeld.

  • The Evolution Of Software As A Service Taxes Post-Wayfair

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    Due to the expanded nexus provisions following South Dakota v. Wayfair, software as a service providers need to be especially aware of the recent — and, at times, divergent — state law developments in SaaS taxation, say attorneys at Pillsbury.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • FDA Response To Cannabidiol Confusion Is Slow And Steady

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    The U.S. Food and Drug Administration's multipronged approach to assessing whether cannabidiol, commonly known as CBD, can be safely introduced into consumable products charts a path toward much-needed clarity, but the agency's upcoming hearing on the topic is unlikely to provide concrete guidance, say attorneys at Eversheds Sutherland.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • Calif. Privacy Law Will Likely Prompt Flood Of Class Actions

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    Regardless of the fate of recently proposed amendments to the California Consumer Privacy Act's private right of action, e-commerce businesses serving customers in California must remain vigilant in preparing for the likely tide of CCPA litigation, says Alexis Buese of Sidley Austin.

  • Arkansas Tax Reform: A Major Step In The Right Direction

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    During its 2019 legislative session, Arkansas passed three bills that make significant improvements to the state tax climate while fitting sustainably within its fiscal and political constraints, says Matthew Boch of Dover Dixon.

  • Finding Allies In The Fight Against Counterfeits

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    In the world of anti-counterfeiting and brand protection work, collaboration with competitors, customers and online marketplaces can be a smart way to stretch constrained budgets, say Lori Meddings and Li Zhu of Quarles & Brady.