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Retail & E-Commerce

  • July 20, 2018

    Oaktree To Counter Top Bidder In Claire’s Del. Ch. 11

    Private equity firm Oaktree Capital Management LP reported Friday it intends to top the current best offer for bankrupt Claire’s Inc., potentially disrupting what until now has been a pre-arranged but hotly contested plan to hand the retail jewelry and accessories chain to its first-lien lenders.

  • July 20, 2018

    11 Firms To Steer IPOs Topping $3B In Busy Summer Stretch

    Eleven firms will steer initial public offerings by 11 companies that are projected to raise more than $3.3 billion during the week of July 23, led by an estimated $1.5 billion offering from a Chinese e-commerce giant, potentially setting up a furious finish for the month.

  • July 20, 2018

    Deals Rumor Mill: Airbus, HSE24, LifePoint

    Airbus is reportedly taking another stab at selling PFW Aerospace, German home shopping network HSE24 is getting ready to go public, and Apollo Global Management is in serious discussions to buy hospital operator LifePoint Health.

  • July 20, 2018

    How A Fla. Ruling Ignited A Surge In Online ADA Suits

    In the year since a Florida federal judge became the first to find that a company’s website violated a visually impaired customer’s rights under the Americans with Disabilities Act, the ruling has been both an inspiration and “bully stick," spurring a surge in litigation that attorneys say could wind up in the U.S. Supreme Court.

  • July 20, 2018

    Blind Man Sues Miami Heat Over Website ADA Violations

    A blind Florida man filed a putative class action in Florida federal court on Thursday accusing the NBA’s Miami Heat of violating the Americans With Disabilities Act by failing to make its online merchandise store accessible to the visually impaired.

  • July 20, 2018

    Houthoff, Loyens & Loeff Guide €94M Dutch Property Deal

    Netherlands-based law firm Houthoff represented ASR Real Estate, which, on behalf of one of its funds, is buying part of a portfolio of retail properties located in the Netherlands for roughly €94 million ($110.2 million) from Loyens & Loeff NV-counseled Ronstreet Properties, according to an announcement on Friday from insurance giant ASR Nederland NV.

  • July 20, 2018

    NH High Court Affirms $750K Verdict For Applebee's Patron

    The New Hampshire Supreme Court has upheld a $750,000 jury verdict awarded to an Applebee's patron who said he got salmonella from a hamburger served by the restaurant, shooting down the eatery's claims that the lower court made a number of errors during the trial.

  • July 20, 2018

    Whiskey Groups Plan Ky. Summit To Discuss Global Trade War

    A group of whiskey associations will convene at a summit in Kentucky on Wednesday to discuss concerns over the escalating global trade disputes that threaten the distilled spirits industry, which has found itself caught in the middle of a trade war between the U.S. and the European Union.

  • July 20, 2018

    Taxation With Representation: Latham, Freshfields, Kirkland

    In this week’s Taxation With Representation, Phillips Edison took over a real estate investment trust that it manages in order to create a $6.3 billion business, Linde AG offloaded parts of its business interests in North America to a joint venture between Messer Group GmbH and a CVC Capital Partners fund for $3.3 billion, and Asahi Kasei Corp. agreed to buy Sage Automotive Interiors from Clearlake Capital Group for $700 million.

  • July 19, 2018

    Crystal Geyser Dumped Arsenic-Tainted Wastewater: DOJ

    Three companies, including the bottled water company that produces Crystal Geyser, were hit with a 16-count indictment in California federal court Wednesday accusing them of transporting wastewater containing arsenic.

  • July 19, 2018

    Real Estate Rumors: WeWork, Fla. Mall, United Refining

    WeWork is reportedly taking 96,000 square feet at a Hines property in California, a Florida mall has reportedly traded hands for $23.2 million, and oil firm United Refining is said to be leasing more than 20,000 square feet from REIT SL Green in New York.

  • July 19, 2018

    Protein Powder Co. Sues Rival Over 'Organic Protein' TM

    A maker of protein powder accused a rival of misleading consumers and infringing on its organic protein trademark by using deceptively similar packaging on its own products, according to a suit filed in California federal court Wednesday.

  • July 19, 2018

    Toys R Us Inks $180M Creditor Deal To Ease Wind-Down

    Toys R Us on Tuesday told a Virginia bankruptcy court that it has reached a settlement with the holders of the majority of its U.S. debt that will guarantee $180 million for administrative claim holders and smooth the way to its Chapter 11 liquidation.

  • July 19, 2018

    Chinese Co. Says It's Immune From Cathode Ray MDL

    Irico Group and a subsidiary on Wednesday asked a California federal court to dismiss them from long-running litigation that claims they participated in a conspiracy to fix prices for cathode ray tubes, saying they should be granted sovereign immunity because they are controlled by the Chinese state.

  • July 19, 2018

    Ruling OK'ing Philly Soda Tax Tees Up Legislative Fight

    The Pennsylvania Supreme Court’s decision on Wednesday upholding the city of Philadelphia’s controversial tax on sweetened beverages is likely to put renewed pressure on lawmakers to enact legislation that would specifically preempt such levies across the state.

  • July 19, 2018

    Nike Gets Default Win In TM Suit Over Counterfeit Shoes

    A New Jersey federal judge handed a win Wednesday to Nike Inc. in a lawsuit against several shipping companies who helped transport thousands of counterfeit shoes from China to the United States.

  • July 19, 2018

    Supermarket Income REIT Drops £52M On UK Store

    Supermarket Income REIT PLC has picked up a supermarket in Sheffield, England, from investment firm Opus North for £51.7 million ($74.3 million), according to an announcement Thursday from the U.K. real estate investment trust.

  • July 19, 2018

    Walder Wyss Guides UK REIT's $104M Swiss Portfolio Sale

    Walder Wyss Ltd. represented UK real estate firm Stenprop Ltd. in connection with its 103.65 million Swiss franc ($103.8 million) sale of seven office, retail and mixed-use Swiss properties to Helvetica Swiss Commercial AG, Stenprop announced on Thursday.

  • July 19, 2018

    ITC To Probe Powered Cover Plates From China

    The U.S. International Trade Commission will investigate powered cover plates containing built-in light sensors and USB chargers after a Utah company accused several companies located in the U.S. and China of selling knockoffs that infringe four of its patents, the agency announced on Wednesday.

  • July 19, 2018

    Kim Kardashian's Perfume Line Targeted in Trademark Spat

    A Chicago-based marketing company has sued Kim Kardashian West's fragrance line in Illinois federal court, claiming the reality star's new perfume "Vibes" infringes the company's trademarked name and logo.

Expert Analysis

  • Chaos Ahead For Remote Sellers

    Kendrick Smith

    The U.S. Supreme Court's ruling in South Dakota v. Wayfair Inc. will cause a massive shift of risk onto remote sellers in the form of state audits, litigation in hostile forums, and state False Claims Act and consumer fraud lawsuits, say attorneys at Jones Day.

  • A Big Verdict Highlights Hazardous Trucking Practices

    John Jose

    The $90 million verdict handed down against Werner Enterprises by a Texas court in May highlights the dangers that can arise when trucking companies pair an experienced driver with a student, then allow the veteran driver to rest while the student behind the wheel faces dangerous driving conditions. Until this practice is changed, we can anticipate more lawsuits like Werner, says John Jose of Slack Davis Sanger LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Employee Performance Ratings: Tainted Or Sainted?

    Lisa Harpe

    The recent focus on pay equity and employers’ pay practices has heightened the need to consider equal employment opportunity outcomes in performance ratings systems. Lisa Harpe and Sarah Gilbert of DCI Consulting Group discuss the current legal environment and proactive steps to examine performance ratings in the context of evaluating pay equity.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • AmEx Ruling May Have Big Impact On Health Insurance

    David Garcia

    There are a number of ongoing antitrust cases involving health insurance networks that may be susceptible to the type of two-sided market analysis described by the U.S. Supreme Court last month in Ohio v. American Express, say David Garcia and Nadezhda Nikonova of Sheppard Mullin Richter & Hampton LLP.

  • Why Louisiana Won't Currently Benefit From Wayfair

    Andre Burvant

    South Dakota v. Wayfair Inc., has undoubtedly provided various states with an additional opportunity to require remote sellers to collect and remit sales tax. The Supreme Court’s decision in that case similarly leaves no doubt that Louisiana’s complex state and local sales tax systems are presently lacking those features that would prevent undue burdens upon interstate commerce, say Andre Burvant and Matt Mantle of Jones Walker LLP.

  • New 'Shine The Light' Suits Highlight Privacy Issues

    Stephanie Sheridan

    The California Consumer Privacy Act, passed last month, is the state's most comprehensive privacy legislation to date, but not its first. Several recent putative class actions allege violations of California’s Shine the Light law. Retailers' in-house counsel should ensure that protocols are in place for timely, accurate responses to information requests under the law, say attorneys with Steptoe & Johnson LLP.

  • Online Pharmaceuticals – But Not Much Online Liability

    James Beck

    Online sales platforms are allowing a plethora of over-the-counter medications to be sold by a myriad of manufacturers. This can lead to situations where product liability plaintiffs are left with nobody to sue. It is not surprising to see plaintiffs attempt to sue online marketplaces; but for, now the law is not letting them get away with it, says James Beck of Reed Smith LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.