Retail & E-Commerce

  • October 11, 2019

    Lyft Sues NYC Regulators To Annul Limits On 'Cruise' Time

    Lyft Inc. sued the New York City Taxi and Limousine Commission in state court Friday over its new rule that caps the amount of time drivers can "cruise" Manhattan without passengers, arguing that the rule is arbitrary and capricious, against the interest of underserved communities and in violation of antitrust laws.

  • October 11, 2019

    3rd Circ. Upholds Nike, Port Authority Wins In Title VII Rulings

    In two opinions Friday, Third Circuit panels upheld lower court rulings granting early judgment in favor of the Port Authority of New York and New Jersey and Nike Inc. in Title VII suits brought by two former employees that alleged discrimination and retaliation.

  • October 11, 2019

    Chancery Lets 1 Claim Survive In $40M Sporting Co. Sale Suit

    The Delaware Chancery Court dismissed all but one of six counts Friday in a suit accusing majority investors in a sporting and fitness goods manufacturer of unfairly pushing through a $40 million company sale that left the minority, including the company’s two founders, with nothing.

  • October 11, 2019

    Vitamin Shoppe Is Just A Shop Full Of Vitamins, TTAB Says

    The Trademark Trial and Appeal Board has refused to grant The Vitamin Shoppe four trademark registrations, saying its name is a generic term that could apply to any store selling vitamins and its "shoppe" ending is just an "archaic" stylistic choice.

  • October 11, 2019

    Mass. Gov. Fights To Keep Vape Ban Fight In Fed. Court

    Massachusetts Gov. Charlie Baker on Friday blasted efforts by vape companies and e-cigarette retailers to take their battle over his vape ban down to state court after they suffered an early loss in federal court, calling the move "purely tactical" and "opportunistic."

  • October 11, 2019

    Real Estate Rumors: Peachtree Hotel, Ross, Longpoint

    Peachtree Hotel Group has reportedly landed nearly $23 million in financing for a Florida project, Ross Dress for Less is said to be leasing more than 34,000 square feet in downtown Miami and Longpoint Realty is said to have dropped $6.3 million on a Miami warehouse.

  • October 11, 2019

    Barneys Gets Extension To Name Ch. 11 Stalking Horse

    Bankrupt luxury retailer Barneys New York Inc. will have until Tuesday morning to submit a stalking horse asset purchase agreement with a purchase price that will cover outstanding post-petition loan obligations after a hearing Friday on proposed amendments to those loan documents.

  • October 11, 2019

    Baker & McKenzie Guides Deal Valuing Metro China At $2.1B

    German retailer Metro said Friday it will sell a majority stake in its Chinese operations to Wumei Technology Group with help from Baker & McKenzie LLP in a deal that values Metro China at about €1.9 billion ($2.1 billion).

  • October 11, 2019

    AB InBev To Market CBD Drink In Canada As Market Opens Up

    A nonalcoholic, CBD-infused drink from brewing giant Anheuser-Busch InBev and pharmaceutical cannabis company Tilray could be hitting shelves in Canada as soon as December, the companies announced.

  • October 11, 2019

    FDA Focus: What BakerHostetler's Practice Chair Is Watching

    The co-leader of BakerHostetler's U.S. Food and Drug Administration practice tells Law360 he’s alarmed by a surge of contaminated drugs, watching for possible legal challenges to government crackdowns on vaping and concerned that large drug compounders will shut down because of FDA restrictions.

  • October 11, 2019

    Despite Opposition, Akerman Gets Major Miami Project Zoned

    Akerman helped a trio of developers overcome a powerful group of local opponents during a two-year-long process to secure zoning approval for a massive 18-acre mixed-use project in Miami's Little Haiti neighborhood. 

  • October 11, 2019

    Printing Co. Says Rival Used Similar Name To Trick Customers

    The owner of a 3D printing company is suing an ex-business partner for trademark infringement, claiming that the former partner is tricking customers by marketing the same services under a common misspelling of the company name.

  • October 11, 2019

    Walmart Owes $5.2M In EEOC Disability Suit, Jury Says

    A Wisconsin federal jury said Thursday that Walmart must pony up $5.2 million in an U.S. Equal Opportunity Employment Commission suit claiming the company violated the Americans with Disabilities Act by pushing out a longtime employee who needed a job coach.

  • October 11, 2019

    EY Hires Former Microsoft Tax Atty With Treasury Experience

    A former tax counsel with Microsoft has joined EY as a principal in its tax controversy practice, bringing experience in audits and transfer pricing matters, as well as in-house work with Treasury, the firm recently announced.

  • October 10, 2019

    Former Pfizer In-House Atty New GC At Cannabis Brand

    California cannabis brand Lowell Herb Co. announced Thursday the appointment of Stacey Hallerman, who previously worked for Pfizer and the luxury goods holding company Richemont, to the position of general counsel and chief administrative officer.

  • October 10, 2019

    Cannabis Co. Taps Target Labor Atty As Senior Counsel

    Cannabis retailer Harvest Recreation & Health snapped up a former Target employment and labor attorney on Thursday, rounding out its in-house legal team with an expert in human resources and wage-and-hour disputes as the company aims to expand to new states.

  • October 10, 2019

    Target Can't Pass Buck On Antibiotic Labeling Suit Costs

    Drug supplier McKesson Corp. and its insurer don't have to pay Target Corp.'s legal bills in a suit alleging a woman developed a rare skin disorder after following instructions on an inaccurate label on an antibiotic she bought from the retail giant, a California appeals court affirmed Thursday.

  • October 10, 2019

    J&J Nears OK For $6.3M Deal In Infant Tylenol False Ad Suit

    A California federal judge indicated Thursday he's prepared to greenlight a $6.3 million deal to resolve class claims that Johnson & Johnson tapped into the anxieties of new parents to mislead them into paying more for Infants' Tylenol containing the same medicine as Children's Tylenol.

  • October 10, 2019

    Walgreens Can't Sink Pharmacist's Age, Disability Bias Case

    A Tennessee federal judge on Wednesday refused to toss a former Walgreens pharmacist's allegations that he was fired because of his age and poor health rather than his persistent tardiness, but rejected claims he requested a workplace accommodation by merely mentioning his woes.

  • October 10, 2019

    Hold Off On Sprint/T-Mobile Deal, States Urge DC Judge

    More than a dozen states challenging T-Mobile’s planned $56 billion Sprint merger are urging a D.C. federal judge to wait until their suit is resolved before deciding on approval of a U.S. Department of Justice settlement with the mobile giants to avoid interfering in the states’ case.

  • October 10, 2019

    Payments Processor USA Technologies Nabs $50M In Funding

    USA Technologies Inc. has inked an agreement to receive $50 million in equity and debt financing from Antara Capital Master Fund LP, which is meant to help strengthen the payments processing technology company's business.

  • October 10, 2019

    Deals Rumor Mill: Postmates, Exxon Mobil, Armacell

    Online food and goods delivery startup Postmates is postponing plans for a more than $2 billion initial public offering because of market conditions, Exxon is considering a sale of $3 billion worth of Malaysian offshore assets, and private equity-backed Armacell could sell for up to $1.65 billion. Here, Law360 breaks down these and other deal rumors from the past week.

  • October 10, 2019

    Washington State Implements Vape Ban After Executive Order

    Washington state implemented a 120-day emergency ban on e-cigarette and vape products Thursday, joining several other states in responding to a national outbreak of lung illnesses that the U.S. Centers for Disease Control and Prevention said has led to 26 deaths.

  • October 10, 2019

    Sears Hometown Investors Say Lampert Engineered Bad Deal

    Sears Hometown and Outlet Stores investors have filed a proposed class action in Delaware Chancery Court accusing controlling shareholder and former Sears CEO Edward S. Lampert of a yearslong effort to strip value from the retailer to buy out its remaining shares at an unfairly low price.

  • October 10, 2019

    Dish Won't Save T-Mobile-Sprint Deal, Economists Tell DOJ

    A group of economists Thursday accused the U.S. Department of Justice's Antitrust Division of shirking its principles by clearing T-Mobile's purchase of Sprint conditioned on a divestiture to Dish they say has little chance of preserving competition.

Expert Analysis

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Revising Cloud Contracts In Light Of Capital One Cyberattack

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    In 2019, there have been 3,494 cyberattacks against financial institutions, including, most notably, Capital One. Until regulatory action is taken, financial institutions, which are on their own when it comes to addressing potential cloud service risks, should incorporate liability and security provisions into cloud service contracts, say Nicholas Smith and Rita Ganguli of Milbank.

  • Rebuttal

    Data Pinpoints Expert Valuation Differences In Del. Appraisals

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    A recent Law360 guest article called on experts in appraisal proceedings to present valuations closer to deal price, but an examination of 20 cases involving disinterested transactions of public targets indicates this call to action is more apt for petitioner valuations than those of respondents, says Michael Cliff at Analysis Group.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • Insurance Cases Illuminate Business Interruption Disputes

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    A growing body of insurance case law provides that in instances of widespread destruction caused by natural disasters, policyholders are not required to prove their contingent business interruption losses on a supplier-by-supplier or customer-by-customer basis, but subtle differences in policy language can significantly impact coverage, say Barry Buchman and Greg Van Houten of Haynes and Boone.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Bulb Efficiency Rollback May Lead To Regulatory Patchwork

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    The U.S. Department of Energy asserts that its recent withdrawal of energy efficiency targets for light bulbs has not triggered a statutory “backstop” efficiency standard, but its actions will likely prompt litigation by consumer and environmental groups, and implementation of stricter standards by some states, say Daniel Eisenberg and Jack Zietman of Beveridge & Diamond.

  • A Developing Split Over Online Marketplace Product Liability

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    A pair of recent opinions from the Third and Sixth Circuits suggest that e-commerce intermediaries may be held liable for selling allegedly defective products, but an Arizona federal court's recent opinion in State Farm v. Amazon demonstrates the level of uncertainty that exists on this issue, say Blake Angelino and Benjamin Broadhead at FaegreBD.

  • Philadelphia Is Emerging As A Leader On Workplace Regs

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    Following a minimum wage increase and new pay equity and ban the box laws enacted over the last few years, the Philadelphia City Council recently passed two more workplace statutes, demonstrating a trend that has thrust the city to the forefront of municipalities instituting worker protections, say Rick Grimaldi and Samantha Bononno at Fisher Phillips.

  • Opinion

    Erosion Of Bristol-Myers Test In Class Actions Is Misguided

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    In two pending class actions, the Seventh Circuit and the D.C. Circuit may be slated to water down the U.S. Supreme Court's Bristol-Myers holding that state courts do not have specific, personal jurisdiction over nonresident plaintiffs' claims, even though there is no policy justification for treating class actions differently, say attorneys at Skadden.

  • Digital Platforms Must Heed Japanese Antitrust Law Updates

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    The Japanese government has expedited discussions for new regulations and enforcement regarding digital platforms, bringing new possible risks and protections for U.S. platforms with users in Japan, says Takashi Komoguchi of Oh-Ebashi.

  • AdvoCare Deal Puts FTC's 13(b) Authority In Spotlight

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    The Federal Trade Commission's Oct. 2 settlement of pyramid scheme claims with AdvoCare will have far-reaching effects, both for those in the direct selling industry and for those following the ongoing debate over the agency's authority to prosecute FTC violations, say attorneys at Kelley Drye.

  • Direct Taxes: The Next Shoe To Drop After Wayfair?

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    Taxpayers should be alarmed at state efforts to extend the U.S. Supreme Court's Wayfair decision to direct taxes — including gross receipts, income and franchise taxes — despite the apparent protections of federal Public Law 86-272, says Martin Eisenstein of Brann & Isaacson.

  • What To Expect As A Democrat Takes The Reins At The CPSC

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    In a remarkable development for our hyperpartisan era, Ann Marie Buerkle, the outgoing Republican acting chairman of the U.S. Consumer Products Safety Commission, sided with Democratic commissioners to select Democrat Robert Adler as her successor. But partisan gridlock will continue to be a stumbling block for the commission, says Matthew Cohen of Crowell & Moring.

  • Consider The Power Of Tactical Empathy

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    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.