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Retail & E-Commerce

  • June 24, 2019

    AIG Ducks Office Depot's $77.5M CFCA Coverage Bid Again

    Following a revival by the Ninth Circuit, a California federal judge again rejected Office Depot's bid to have its insurer, AIG, cover an underlying $77.5 million California False Claims Act settlement, ruling that the coverage falls outside the scope of AIG's policies and is barred under policy exclusions.

  • June 24, 2019

    High Court Won't Hear Challenge To Cy Pres Mechanism

    The U.S. Supreme Court on Monday declined to hear a challenge to an arrangement that steered leftover class action settlement funds to universities instead of class members, after remanding a similar "cy pres" privacy deal in March on standing issues.

  • June 24, 2019

    Supervisor's Question About Union Was Legal, 2nd Circ. Says

    A supervisor at a warehouse company didn’t break labor law by asking an employee about a prospective union, but the company did illegally fire the worker based on cooked-up productivity data, the Second Circuit ruled Monday.

  • June 24, 2019

    Trader Joe’s Beats False-Ad Suit Over Promiscuous Bees

    A California federal judge on Monday dismissed a lawsuit that accused Trader Joe's of misleading consumers about the purity of its manuka honey, saying no argument had been made that humans purposely adulterated the product — and that one can’t pursue a fraud claim against bees.

  • June 24, 2019

    $925M High Enough For ViSalus Robocall Damages: Judge

    The amount that health supplement maker ViSalus may have to pay for blasting consumers with more than 1.8 million robocalls won't exceed $925 million, after an Oregon federal judge on Monday refused to triple or otherwise enhance the potential statutory damages award. 

  • June 24, 2019

    FTD Says Ch. 11 Bonus Plan Includes Difficult Benchmarks

    Bankrupt flower retailer FTD Companies Inc. countered an objection to its Chapter 11 incentive bonus plan Monday, saying the performance benchmarks included in the proposal were difficult to achieve for its insider employees.

  • June 24, 2019

    US Constitution On 'Scabby's' Side, Judge Tells NLRB

    A Brooklyn federal judge picked apart a National Labor Relations Board official’s bid to stifle a union protest spanning a few Staten Island supermarkets in court Monday, saying the Constitution appears to protect Scabby the inflatable rat, but withholding his judgment — for now.

  • June 24, 2019

    Apple Looks To Link Developer, Consumer Antitrust Suits

    Apple Inc. urged a California federal court Friday to relate a suit from developers accusing the tech giant of monopolizing the distribution of apps on its devices to the consumer case the U.S. Supreme Court ruled on last month.

  • June 24, 2019

    High Court Passes On Wis. Butter Grading Law Case

    The U.S. Supreme Court on Monday rejected a petition to hear a case regarding whether or not a Wisconsin state law requiring butter to be graded before hitting store shelves is constitutional.

  • June 24, 2019

    Wholesaler Tara Jewels Files For Chapter 11

    Gemstone wholesaler Tara Jewels LLC has filed for Chapter 11 protection in a New York bankruptcy court, claiming more than $10 million in liabilities.

  • June 24, 2019

    Gucci To Pay $800K To End ERISA Plan Mismanagement Suit

    Gucci and a former employee on Friday asked a New Jersey federal court judge to sign off on an $800,000 deal to end an Employee Retirement Income Security Act suit claiming an employee pension benefit plan was mismanaged, emerging with a deal seven months after entering mediation.

  • June 24, 2019

    Australia Pumps Brakes On $1.6B Automotive Tie-Up

    Australia's two biggest automotive retailers hit a speed bump in their bid to merge, as the country's competition authority said Monday that the pair's proposed AU$2.3 billion ($1.6 billion) tie-up may put too many dealerships and car brands in the same hands, and it wants stakeholders to weigh in. 

  • June 24, 2019

    DOJ Says CVS-Aetna Judge 'Compromised' Its Discretion

    The U.S. Department of Justice continues to try to wrest back control of the narrative guiding a D.C. federal judge’s review of its deal clearing CVS’ purchase of Aetna, arguing Friday that its judgment takes priority, not outside pricing concerns. 

  • June 24, 2019

    Samsung OK'd To Seek Info Seal In Qualcomm Class Fight

    Samsung received the Ninth Circuit's permission Monday to intervene in Qualcomm's appeal of a ruling that certified a class estimated to include 250 million cellphone buyers who allegedly overpaid because of its licensing practices, as the phone maker looks to protect confidential information.

  • June 24, 2019

    15 Minutes With Smucker's General Counsel

    While the 122-year-old J.M. Smucker Co. has evolved to meet the changing demands of consumers, it simultaneously has maintained its commitment to five core beliefs, a feat that can be difficult for companies that have acquired other businesses, general counsel Jeannette Knudsen said in a recent interview with Law360.

  • June 24, 2019

    Justices Expand Protection Of Confidential Contractor Info

    The U.S. Supreme Court on Monday expanded the type of "confidential" private business information that is exempt from disclosure under the Freedom of Information Act, handing a grocery store trade group a victory over a South Dakota newspaper seeking information about businesses participating in the federal food stamp program.

  • June 21, 2019

    German Automaker Parent Cos. Win Dismissals In Takata MDL

    The Germany-based parent companies of automakers Volkswagen, Audi and Mercedes won their bids to escape multidistrict litigation over the use of defective Takata Corp. air bags when a Florida federal court entered a decision Friday finding the foreign corporations were outside its jurisdiction.

  • June 21, 2019

    P&G Prevails In ERISA Suit Over Disability Benefits

    Procter & Gamble did not break the law by ending an employee's partial disability benefits, a Missouri federal judge has ruled, finding that the benefits plan allowed the cancellation and the employee didn't adequately show he was more than partially disabled.

  • June 21, 2019

    Amazon Driver's Labor Claims Delivered To Arbitration

    A California federal judge on Friday ordered an Amazon delivery driver to arbitrate claims that the retail behemoth shorted her wages, meals and rest periods, putting her proposed class action on hold while an arbitrator considers the allegations.

  • June 21, 2019

    Real Estate Rumors: Label, SAP Qualtrics, Churchill

    Developer Label & Co. has reportedly bought 63 acres in Florida for $10.28 million, SAP Qualtrics is said to be leasing 300,000 square feet in Seattle and Churchill Real Estate has reportedly landed $52 million in financing for a Manhattan mixed-use building.

  • June 21, 2019

    Dozen Firms Guide 9 IPOs Exceeding $2B To End June

    Twelve firms will steer nine initial public offerings that could surpass $2 billion during the coming week, potentially ending June with a bang as a wide gamut of issuers seeks to capitalize on a vibrant IPO market.

  • June 21, 2019

    Duracell Says Storage Warranty Expires Once Batteries Used

    Duracell has asked a California federal judge to toss allegations the company defrauded customers with flashlights whose batteries drained even when turned off, saying the consumers’ professed reliance on a warranty that expires once the battery is installed was “absurd.”

  • June 21, 2019

    Amazon Attacks Fake Job Recruiters With TM, Phishing Suit

    A group of scammers who pose as Amazon job recruiters in order to gain access to victims’ personal accounts and ultimately use those accounts to buy expensive cellphones are infringing the online retail giant’s trademarks, Amazon said in California federal court Thursday.

  • June 21, 2019

    Amazon Studios Atty Joins Sex Bias Suit Against Jones Day

    An in-house Amazon Studios attorney and former Jones Day associate has sought to be included in a $200 million proposed class and collective action that contends the BigLaw firm discriminates against women.

  • June 21, 2019

    Boat Co. Pummels Rival With Another Infringement Suit

    Malibu Boats LLC, a self-proclaimed wakesurfing revolutionary, charged ahead with a second infringement suit accusing competitor Skier’s Choice Inc. of stepping on a brand new patent related to its surf gate technology, which lets riders surf waves behind a boat.

Expert Analysis

  • Walmart's DOJ Deal Evinces New Corporate Monitoring Policy

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    Walmart's agreement last week with the U.S. Department of Justice to resolve alleged Foreign Corrupt Practices Act violations provides the most meaningful example yet of how the agency intends to implement its new policy on corporate monitors, say attorneys at Vinson & Elkins.

  • Contaminated Cosmetics: Recalls, Lawsuits And Legislation

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    Recent recalls and ongoing litigation concerning talc products allegedly contaminated with asbestos illustrate the enduring legal challenges that cosmetics manufacturers and marketers face. And supply chain participants may find the regulatory landscape further complicated by pending federal legislation, says Kelly Bonner of Duane Morris.

  • Threat Of Sales Tax Overcollection Suits Grows Post-Wayfair

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    Although the full effect of last year's South Dakota v. Wayfair U.S. Supreme Court decision is still uncertain, we expect that the trend of consumer sales tax class actions will grow as retailers struggle to keep up with the proliferation of states' Wayfair regulations, say attorneys at Ropes & Gray.

  • Key Differences In Nev. And Calif. Data Privacy Laws

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    Nevada’s recently enacted Senate Bill 220 gives state residents a broad right to opt out of the sale of their personal information. Companies currently preparing for the California Consumer Privacy Act cannot assume that CCPA compliance equates to compliance with S.B. 220, say Sadia Mirza and Yanni Lin at Troutman Sanders.

  • A Look At China's New Cybersecurity Guidance

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    Businesses providing services over the internet are likely to face continued challenges to comply with the expanding implementation of China's cybersecurity law, especially with respect to broadening definitions of personal information holders under new guidance, say Xiaoyan Zhang and Vincent James Barbuto of Reed Smith.

  • Florida Tax Views: State Should Act On Wayfair

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    The Florida Legislature should implement regulations in the wake of South Dakota v. Wayfair to make up for the state's practical inability to collect use taxes directly from consumers and remove the competitive disadvantage for Florida “brick and mortar” retailers, say Robert Goldman and French Brown of Dean Mead.

  • NJ Tax Stop: Indirect Sales Tax Assessment Methods

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    In light of the New Jersey Division of Taxation’s continued use of indirect assessment methods in audits, we discuss the landmark decision in this arena, Yilmaz v. Division of Taxation, as well as some recent cases that provide guidance for taxpayers wishing to challenge these audits' conclusions, say attorneys at Cole Schotz.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • Prospects For NY Summary Judgment In TM Confusion Cases

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    A review of several recent trademark infringement cases from the Southern District of New York reveals an instructive spectrum for comparatively evaluating the strength of a trademark litigant’s summary judgment case, say Ryan Pitman and Sarah Washington of Goldberg Segalla.

  • False Ad Insights From Bud Light 'Corn Syrup' Case

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    A Wisconsin federal court’s recent decision against Bud Light manufacturer Anheuser for its corn syrup-focused ad campaign targeting MillerCoors serves as an important reminder that even truthful statements may cross the line into misleading territory — and adds to the developing body of law surrounding comparative advertising claims about food ingredients, say attorneys at Finnegan.

  • The State Of Article III Standing 3 Years After Spokeo

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    Three years after the U.S. Supreme Court's landmark consumer privacy decision in Spokeo v. Robins, Mary-Christine Sungaila and Marco Pulido at Haynes and Boone examine how courts have applied the opinion, the role of congressional findings in Article III standing cases, and a developing litigation trend.

  • Opinion

    Retailers Should Stay Away From Cryptocurrency

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    A number of big-name retailers are reportedly poised to begin accepting bitcoin and other digital currency, but given cryptocurrency's complete and utter lack of oversight, these companies run a perilous gamut of legal, regulatory, financial, ethical and reputational dangers, says cybersecurity consultant John Reed Stark.

  • A New Way To Fight ADA Web Accessibility Claims In NY

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    A New York federal court's recent decision in Diaz v. Kroger provides targets of Americans with Disabilities Act website accessibility cases with an additional tool for combating claims at the motion to dismiss stage, while also promoting the ADA's policy aims, says Adam Michaels of Hand Baldachin.

  • What's Ahead For LGBTQ Rights Legislation

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    The U.S. House of Representatives recently passed the Equality Act to amend various civil rights laws for explicit inclusion of sexual orientation and gender identity as protected characteristics. However, critics have raised several concerns and the bill faces tougher odds in the Senate, say Jason Brown and Robert Quackenboss at Hunton.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.