The Ninth Circuit this month added to the confusion over whether theft of consumer data is enough to establish Article III standing in the wake of two landmark U.S. Supreme Court rulings, reviving privacy claims brought by a group of consumers after a massive data breach at affected 24 million shoppers.
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Tuesday, March 20, 2018 Follow Law360



9th Circ.'s Zappos Ruling Leaves Data Breach Standing Fuzzy

The Ninth Circuit this month added to the confusion over whether theft of consumer data is enough to establish Article III standing in the wake of two landmark U.S. Supreme Court rulings, reviving privacy claims brought by a group of consumers after a massive data breach at affected 24 million shoppers. Read more »


H&M Isn't The First Brand To Face Graffiti Gripes

When apparel retailer H&M found itself in a copyright dispute last week over its use of graffiti in advertisements, it was the latest in a string of such fights between corporate brands and street artists who have become increasingly willing to head to court to protect their rights. Read more »

Claire's Opens $1.9B Ch. 11 In Delaware To Rework Debt

Blaming an over-leveraged, $2.1 billion debt load and a tough retail environment, Claire's Stores Inc. drove its 7,500-location beauty, accessories and ear-piercing business into Delaware bankruptcy court on Monday, proposing to restructure $1.9 billion in obligations. Read more »

Grocer Drops Claims Stop & Shop Tried To Freeze Out Rival

A supermarket chain that lodged federal antitrust claims accusing a Stop & Shop of blocking its efforts to build a ShopRite in an attempt to remain Wyckoff, New Jersey’s sole grocer has dropped its suit, according to settlement documents filed Monday. Read more »

Justices Refuse To Hear Pot Co.'s Challenge Of IRS Probe

The U.S. Supreme Court told a Colorado-based marijuana company on Monday that it would not hear its lawsuit against the Internal Revenue Service alleging the agency lacked authority to investigate criminal activity. Read more »


Feds Finalize E-Commerce Buying Plan, But Seek Law Tweaks

The U.S. General Services Administration and the Office of Management and Budget on Friday issued their congressionally mandated implementation plan for upping the use of e-commerce portals like to buy off-the-shelf items, committing to a phased implementation and requesting more authority to speed the process. Read more »

Taxation Group Opposes Daily Sales Tax Settlement In Mass.

The Council on State Taxation has joined the protest against a bill in Massachusetts that would require retailers and credit card processors to submit daily sales tax receipts, arguing the measure would be costly to administer and harmful to business and would offer no financial gain. Read more »

Retailers Urge White House To Rethink China IP Tariffs

Retail giants like Walmart, Target and Best Buy and their powerful lobbying groups on Monday urged the Trump administration to hold off new tariffs aimed at punishing China for its intellectual property practices, saying that such an aggressive step will only make matters worse. Read more »


Acne Med Pay-For-Delay Deal Sped Up Generic, Exec Says

One of the architects of an Impax Laboratories Inc. deal panned as a pay-for-delay scheme by big retailers and a class of consumers told a Massachusetts federal jury Monday that the 2008 agreement with Medicis Pharmaceuticals Corp. actually rushed the generic version of an acne medication to the market ahead of schedule. Read more »

After Fed. Circ. Slam, Gilstrap Hands Newegg $565K In Fees

Following a rebuke from the Federal Circuit, Judge Rodney Gilstrap of the Eastern District of Texas has awarded Newegg Inc. $565,000 in attorneys' fees for the online retailer's victory in a patent suit brought by a nonpracticing entity. Read more »

Ill. Dodge Dealer Skirts Employee's Age Bias Suit

An Illinois federal judge on Friday gave South Oak Dodge Inc. a win in a former finance manager’s age discrimination lawsuit that claims the dealership fired him to keep younger managers on staff, finding that the former employee failed to show his termination was pretextual. Read more »

Investor Suit Against Target Won't Be Revived, Judge Says

A Minnesota federal judge on Monday said she would not reconsider the dismissal of a proposed securities class action accusing Target of misleading investors amid its tumultuous expansion into Canada, saying public statements company executives had made during the expansion don't meet the standard for securities fraud. Read more »

Calif. 7-Eleven Franchisees Are Not Employees, Judge Rules

7-Eleven escaped a proposed class action from several franchisees who claimed they were misclassified as independent contractors, after a California federal judge found that the controls imposed on the franchisees did not make them employees. Read more »

Roche Bros. Not Covered For Snow Removal, Court Says

Continental Casualty Co. doesn't have to cover Roche Brothers Supermarkets Inc.'s costs to remove snow from the roofs of several Massachusetts stores following record-breaking winter storms in 2015, a state judge ruled Friday, holding that the grocery chain's policy doesn't apply to preventative measures taken to avoid property damage. Read more »

Aeropostale Ch. 11 Lender Releases Seem OK, Judge Signals

The judge presiding over Aeropostale’s bankruptcy case said Monday he needs more time to render an opinion on the third-party litigation releases in the company’s Chapter 11 liquidation plan, but added he believes substantial contributions were made by the company’s term loan lenders seeking the releases. Read more »

Rite Aid Defends Rx Discount Program In Co-Pay Cost Row

A customer can’t sue Rite Aid Corp. for charging patients with private insurance higher co-pays than cash-paying customers who enroll in its generic-drug discount program because there’s nothing legally requiring it to match the prices, the pharmacy told a California federal court Friday, hoping to ditch a potential class action. Read more »

Fingerhut Hit With TCPA Suit Over Calls Seeking Payment

Catalog and online retailer Fingerhut got slapped with a putative class action in Illinois federal court on Monday by an Illinois man who says the company has been placing unlawful calls seeking payment for products he never purchased, in violation of the Telephone Consumer Protection Act. Read more »


REIT Hammerson Rejects Klepierre's $6.9B Acquisition Offer

Hammerson PLC has rejected a £4.88 billion ($6.86 billion) takeover offer from fellow real estate investment trust Klepierre SA, with news of the takeover rejection, announced on Monday, sending the U.K. REIT's shares soaring more than 25 percent. Read more »

Alibaba Doubles Investment In Lazada With $2B Injection

Chinese internet and e-commerce giant Alibaba said Monday it has injected $2 billion into e-commerce platform Lazada, doubling its total investment in the company as it competes head to head with Amazon and other rivals in the Southeast Asia market. Read more »

Real Estate Rumors: WeWork, Amazon, Citi

WeWork reportedly leased 55,000 square feet in Hong Kong, Amazon executives are said to be traveling to Chicago later this week to discuss a possible second headquarters in the Windy City, and Citi is said to have loaned $28 million for a recent retail purchase in Orlando. Read more »


Can The SEC Enforce Securities Laws Abroad?

This week, the Tenth Circuit will hear a case with far-reaching consequences, literally, for the U.S. Securities and Exchange Commission's enforcement activity. If the commission has its way in its case against Traffic Monsoon, more aggressive overseas enforcement activity could be in store, say attorneys with Murphy & McGonigle PC. Read more »



How Female GCs Help Women Advance Their Law Careers

At the beginning of her career, Helen Browne said she wasn't allowed to wear pants and colleagues often questioned her employment since she was married to a working man. Now, as group general counsel of French multinational insurance firm AXA, she said it's hard to believe how much has changed. Here, Browne and other female GCs share how they're transforming their departments and other women's professional lives. Read more »


15 Minutes With PayPal’s General Counsel

Shortly after she joined PayPal in 2015, Wanji Walcott initiated her second pro bono program in the corporate legal realm, this time across the world. Here, the online payment company’s general counsel and senior vice president discusses with Law360 how she explains complicated legal matters to nonlawyers and which book she recommends to attorneys hoping to enhance their craft. Read more »

White & Case Reports 24% Gender Pay Gap In London

White & Case LLP became the first U.S. law firm on Monday to report its gender pay gap data to the U.K. government under a new law, revealing a 24 percent divide between what the average man and average woman earns in its London office. Read more »

Akin Gump Reps Tippee Pro Bono In Insider Trading Case

Akin Gump Strauss Hauer & Feld LLP has agreed to take up the defense of a computer analyst charged with trading on confidential merger information gleaned from a former Bank of America executive pro bono, according to notices filed Friday in New York federal court. Read more »

Judge OKs Eagan Avenatti's Exit From Ch. 11

A California bankruptcy judge has approved a settlement ending the bankruptcy of defunct class action law firm Eagan Avenatti LLP — owned by the attorney representing Stormy Daniels in her legal battle against President Donald Trump — that allows a former partner to collect $4.85 million to resolve his claims of allegedly unpaid fees. Read more »

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Abbott Laboratories

Acacia Research Corporation

Aeropostale, Inc.

Alibaba Group Holdings Ltd.

Allergan PLC Inc.

American Eagle Outfitters Inc.

American Express Company


Authentic Brands Group LLC

Bank of America Corporation

Best Buy Co.

Blue Shield of California

Bluestem Brands Inc.

CNA Financial Corporation

CareFirst BlueCross BlueShield

Citigroup Inc.

Claire's Stores Inc.

Culp Inc.

Domino's Pizza Inc.

Elliott Management Corp.

Equifax Inc.

FTI Consulting Inc.

General Growth Properties Inc.

Goldman Sachs Group Inc.

Graham Holdings Co.


Hammerson PLC

Hilco Real Estate LLC

Impax Laboratories, Inc.

Information Technology Industry Council

Intuit Inc.

Klepierre SA

Lazard Ltd.

Lupin Ltd.

Metropolitan Museum of Art

Monarch Alternative Capital

Morgan Stanley

National Australia Bank

National Retail Federation Inc.

New York State Bar Association

Newegg Inc.

Nokia Corporation

Nordstrom Inc.

PayPal Inc.

Rite Aid Corporation

Rochester Drug Cooperative Inc.

Royal Ahold NV


Simon Property Group, Inc.

Spokeo Inc.

St. Jude Medical Inc.

Starbucks Corporation

Stop & Shop Supermarket Co.

Sycamore Partners Management LLC

Tapestry Inc.

Target Corporation

The Royal Bank of Scotland Group PLC

U.S. Chamber of Commerce

Urban Outfitters, Inc.

Valeant Pharmaceuticals International

Village Super Market Inc.

Vivendi SA

Wal-Mart Stores Inc.

Walgreen Co.

Washington Post Co.

Wayfair LLC

WeWork LLC

ZS Pharma Inc. Inc.


Akin Gump

Allen & Overy


Barnes & Thornburg

Beattie Padovano

Berger & Montague

Berman Tabacco


Charles A. Ross & Associates

Collins Edmonds

Coppersmith Brockelman

Culp & Dyer

DLA Piper

Daley Orton

Demeo LLP

DiCello Levitt

Durie Tangri

Eagan Avenatti

Faegre Baker

Finkelstein Blankinship

Gibbons PC

Goldstine Skrodzki

Hagens Berman

Hangley Aronchick

Harkins Cunningham

Herbert Smith Freehills

Hilliard & Shadowen LLP

Kenny Nachwalter

Labaton Sucharow

Latham & Watkins


Mayer Brown

Morgan Lewis

Motley Rice

Murphy & McGonigle

O'Melveny & Myers

Pachulski Stang

Perkins Coie

Richards Layton

Robbins Geller

Robins Kaplan

Saul Ewing

Scott + Scott

Shook Hardy

Slaughter and May

Stroock & Stroock

Troutman Sanders

Venable LLP

Webb Law Firm

Weil Gotshal

White & Case

Willkie Farr

Zimmerman Reed


AbilityOne Commission

Executive Office of the President

Federal Trade Commission

Food and Drug Administration

Internal Revenue Service

Securities and Exchange Commission

U.S. Department of Defense

U.S. Department of Justice

U.S. General Services Administration

U.S. Supreme Court

United States Bankruptcy Court for the District of Delaware

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