Retail & E-Commerce

  • July 06, 2020

    Virus Sends Lucky Brand To Ch. 11 With Designs On Selling

    Battered by a pandemic-weakened economy, apparel retail chain Lucky Brand Dungarees LLC dropped into Chapter 11 in Delaware with $182 million in secured debt on Friday, aiming to sell its businesses and naming a retailer and prepetition lender group as a lead-off stalking horse bidder.

  • July 02, 2020

    Law360 Names Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2020, our list of 176 attorneys under 40 whose legal accomplishments transcend their age.

  • July 02, 2020

    OECD Offers New Tax Reporting Rules For Gig Economy

    The providers of so-called gig economy platforms such as Uber and Airbnb will be required to report the tax information of sellers on their networks under recommended rules issued Thursday by the Organization for Economic Cooperation and Development.

  • July 03, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a competition suit against Royal Mail, a Saint-Gobain unit lodge a patent claim against 3M and a Russian bank file another suit against Mozambique and one of the state-owned entities embroiled in a $2 billion bribery scandal. Here, Law360 looks at those and other new claims in the U.K.

  • July 02, 2020

    LendingClub Investors Push Chancery To Keep Claims Alive

    An attorney for a stockholder who sued online lender LendingClub Corp. for allegedly misleading investors about a federal investigation said they have dropped an insider trading claim during Chancery Court dismissal arguments Thursday, but urged the court to keep alive unjust enrichment and related claims. 

  • July 02, 2020

    Calif. Ryder Delivery Drivers Ink $5M Miclassification Deal

    A motor carrier owner working for Ryder System Inc. urged a California federal judge Wednesday to sign off on a proposed $5 million class settlement to resolve claims that Ryder misclassified delivery workers as independent contractors to avoid paying all wages and job-related expenses.

  • July 02, 2020

    High Court Sends Booking.com TM Fee Case Back To 4th Circ.

    Fresh off its U.S. Supreme Court victory, Booking.com has won a bid to have the Fourth Circuit reconsider its attorney fees award to the U.S. Patent and Trademark Office after the agency lost their trademark dispute.

  • July 02, 2020

    Travelers Says Flower Cos. Can't Claim $2M Pandemic Losses

    Travelers Property Casualty Co. has asked a California federal court to nix a flower importers' suit over their $2 million COVID-19-induced property loss insurance claims, arguing that the importers' insurance policy excludes coverage of the consequences of the government's decisions.

  • July 02, 2020

    Ex-MedMen CFO Seeks $600K In Fees Amid Breakup Suit

    The former chief financial officer of pot giant MedMen is asking a California state court to award him more than $600,000 in attorney fees midway through a bitter legal fight over his departure, saying his contract entitles him to reimbursement for the litigation.

  • July 02, 2020

    Amazon Hit With ERISA Suit Over 'Deficient' COBRA Notice

    Amazon Corporate LLC violated federal law by failing to properly inform workers of their ability to keep their health care and threatening them with IRS fines and criminal penalties to discourage them from seeking continued coverage, according to a proposed class action filed in South Carolina federal court.

  • July 02, 2020

    Real Estate Rumors: JP Morgan, Hollywood, Fla., Elion

    A J.P. Morgan venture has reportedly landed $120 million in financing for a Philadelphia mixed-use project, the city of Hollywood, Florida, is reportedly looking for a development partner for a beachfront project, and Elion Partners is said to have paid $7.2 million for a Florida warehouse.

  • July 02, 2020

    Disabled Customers Renew Bid To Kill Pa. Grocer's Mask Rule

    Opponents of Pittsburgh-based grocer Giant Eagle's mandatory mask policy for Pennsylvania shoppers have asked a federal court for an injunction compelling the grocer to waive the policy for people with disabilities amid the COVID-19 pandemic.

  • July 02, 2020

    Top Pennsylvania Cases Of 2020: A Midyear Report

    Despite the coronavirus pandemic all but shuttering state courthouses for three months, Pennsylvania's appellate courts continued issuing key decisions on major topics over the first half of 2020 such as clarifying the role of trial judges in jury selection and procedures for reviewing potentially privileged material.

  • July 02, 2020

    Libbey's Ch. 11 Financing OK'd Despite Trustee Opposition

    A Delaware bankruptcy judge on Thursday approved Libbey Glass Inc.'s post-petition financing package despite U.S. trustee opposition to financing terms related to possible litigation that could be pursued over $2.35 million in prepetition bonuses paid to five executives.

  • July 02, 2020

    Top Florida News 2020: A Midyear Report

    The coronavirus pandemic dominated the first half of the year in Florida as judges and litigators had to adjust to the new normal of justice by computer screen, but the courts continued their work, issuing rulings in battles over felon voting rights and bitcoin holdings, as well as handling pandemic-related litigation over business interruption coverage and cruise ship liability.

  • July 02, 2020

    Top Delaware Cases Of 2020: A Midyear Report

    Despite the pandemic, the first half of 2020 saw epic judicial gear-shifting but no real slowdown in Delaware's key business courts, with new Chancery Court complaints actually picking up and important corporate and commercial law decisions regularly emerging from remotely conducted proceedings.

  • July 02, 2020

    Equifax Investors' Attys Will Earn $29.6M Fee In Stock Suit

    A team of attorneys from Bernstein Litowitz Berger & Grossmann LLP and Bondurant Mixson & Elmore LLP will be taking home a more than $29.6 million counsel fee for representing a proposed class of Equifax investors after securing a $149 million settlement of a suit over the company's vast 2017 data breach, a Georgia federal judge determined.

  • July 02, 2020

    DOJ Antitrust Chief Denies Staffer Claims Of Political Bias

    The head of the U.S. Department of Justice's Antitrust Division has hit back against allegations made by a division staffer that investigations into recent cannabis mergers and a car emissions deal were politically motivated.

  • July 02, 2020

    Ariz. Drive To Legalize, Tax Pot Submits Petitions For Ballot

    Backers of an Arizona initiative that would allow voters to decide whether to legalize and tax recreational marijuana believe they have submitted enough signatures to qualify the question for the November ballot.

  • July 02, 2020

    Top New Jersey Cases Of 2020: A Midyear Report

    New Jersey attorneys made possible a host of significant achievements in the first half of 2020 as the state maintained its place as the second-hardest-hit by COVID-19 and shuttered courtrooms forced most proceedings to be held via telephone or Zoom. 

  • July 02, 2020

    Eversheds Sutherland Picks Up Real Estate Trio In Chicago

    Eversheds Sutherland has picked up a trio of experienced attorneys focused on retail development from White & Case LLP and Meltzer Purtill & Stelleto LLC to add to its growing real estate practice in Chicago.

  • July 02, 2020

    More Than A Dozen Firms Aided Largest Q2 Real Estate Deals

    White & Case and Hogan Lovells were among more than a dozen firms that helped with the 10 largest real estate mergers and acquisitions deals of the second quarter, five of which were north of the $1 billion mark.

  • July 01, 2020

    24 Hour Fitness Rent Deferral OK'd Over Landlord Outcry

    A Delaware judge on Wednesday gave her nod for gym chain 24 Hour Fitness Worldwide Inc. to defer an estimated roughly $65 million in rent payments, despite strong objection from multiple landlords, as it moves forward with Chapter 11 plans to restructure its $1.4 billion in debt.

  • July 01, 2020

    Pa. Justices Reject Lawmakers' Bid To Lift Virus Emergency

    The Pennsylvania General Assembly's joint resolution to end the state of emergency Gov. Tom Wolf declared over the COVID-19 pandemic was struck down by the state's high court Wednesday because it had not first crossed Wolf's desk for a likely veto.

  • July 01, 2020

    Congress Extends PPP To August, Mulls 2nd Round Of Loans

    The U.S. House of Representatives passed a bill Wednesday to reopen the Paycheck Protection Program through Aug. 8, sending the Senate-approved measure to the president as lawmakers discuss a possible second round of forgivable loans.

Expert Analysis

  • Ill. Insurance Considerations For Losses Caused By Riots

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    On the heels of the Illinois Department of Insurance's recent call for leniency for policyholder claims related to recent riots, vandalism and civil commotion, insurers should expect heightened scrutiny of coverage disputes and policyholders should be prepared to submit extensive proofs of claims, say attorneys at Neal Gerber.

  • COVID-19 Orders Unlikely To Constitute Temporary Takings

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    Although public agencies have issued a broad range of orders intended to slow the spread of COVID-19, they are likely safe from temporary takings claims due to the high hurdles for such claims and the expanded police powers granted to governments during public health emergencies, say Gene Tanaka and Emily Chaidez at Best Best.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Calif. Cannabis Delivery Case May Bring Black-Market Growth

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    A win for municipalities suing the California Bureau of Cannabis Control in an upcoming trial this month would likely lead to an increase in black-market services by disallowing legal statewide marijuana delivery, say Michael Rosenblum and Lauren Chee at Thompson Coburn.

  • How Force Majeure Provisions Are Being Tested In New York

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    The Southern District of New York's recent rulings in E2W v. KidZania and Latino v. Clay, together with prior precedent, are illustrative of New York state and federal courts' attitude toward force majeure and whether such provisions might excuse contract performance during the pandemic, say Stephanie Denker and Christie McGuinness at Saul Ewing.

  • Corporate Investigation Lessons From EBay Stalking Scandal

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    The recent eBay criminal cyberstalking scandal reminds companies and law firms that investigative activities, even if undertaken solely using online research tools, could easily risk criminal or civil legal liability and violations of attorney ethics rules, says Joseph DeMarco at DeVore & DeMarco.

  • Auto Cos. Should Ramp Up Their Supply Chain Vetting

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    Automotive companies procuring from new sources because of the pandemic or adapting to new requirements of the U.S.-Mexico-Canada Agreement can minimize their compliance risks by implementing full-spectrum, know-your-source due diligence and documenting every aspect of their vetting process, say Gregory Husisian and Jenlain Scott at Foley & Lardner.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • A Midyear Look At Key US Sanctions Developments

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    During an active first half of 2020, the Office of Foreign Assets Control strengthened its sanctions programs, issued new guidance documents and announced several enforcement actions, underscoring that even during a pandemic, sanctions compliance is indispensable, say attorneys at Ropes & Gray.

  • How Calif. Privacy Rights Act Could Shape Privacy Landscape

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    If California voters support the California Privacy Rights Act in November, it will become a permanent baseline for California privacy law, increase the already demanding requirements of the California Consumer Privacy Act, and potentially redefine informational privacy for the entire U.S., say Lauren Kitces and Lydia de la Torre at Squire Patton.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • How COVID-19 Impact Analysis May Shape MAE Disputes

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    Emerging disputes over whether the COVID-19 crisis has triggered a merger transaction’s material adverse effect clause shine a spotlight on the importance of showing whether the pandemic has disproportionately impacted particular industries and companies, say David Tabak and Edward Flores at NERA.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

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