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Retail & E-Commerce

  • November 16, 2018

    NJ Judge Says Prior Politics Won't Bias Him In Grocery Row

    A Republican New Jersey state court judge has declined to recuse himself from a supermarket competition case involving an attorney from his town who supported his Democratic political rivals, ruling that a “reasonable” person wouldn’t find that a 14-year-old election campaign would impact his impartiality.

  • November 16, 2018

    Sears Seeks OK To Spend Up To $25M To Retain Key Workers

    Sears is asking a New York bankruptcy court for permission to pay up to $25 million in executive incentive and retention bonuses, saying it needs to keep key employees focused on steering the company through its Chapter 11.

  • November 16, 2018

    Split Fed. Circ. Won't Revive Amazon Challenge To Security IP

    A split Federal Circuit panel on Friday affirmed a Patent Trial and Appeal Board decision that Amazon failed to establish that the asserted claims of a patent covering a computer security system are invalid.

  • November 16, 2018

    Allstate Fights Electrolux Bid To Trim Dryer Fire Suit

    Allstate Insurance Co. has countered Electrolux Home Products Inc.’s efforts to duck punitive damages for fires caused by certain types of clothes dryers in a Pennsylvania federal court, with the insurer pointing to multiple indicators the company allegedly knew for years that its dryers were unsafe.

  • November 16, 2018

    Mattress Firm Puts Dozens Of Ch. 11 Plan Objections To Bed

    Bedding retailer Mattress Firm Inc. breezed through its Chapter 11 confirmation hearing Friday in Delaware bankruptcy court after resolving dozens of objections to its proposed reorganization plan in the days and hours leading up to the approval proceeding.

  • November 16, 2018

    3rd-Party Claims Fall Under CAFA, Biz Groups Tell High Court

    The U.S. Chamber of Commerce and two other business advocacy groups urged the U.S. Supreme Court on Friday to overturn a Fourth Circuit decision remanding class action counterclaims against Home Depot in a state court collection case, arguing that the decision ran afoul of the Class Action Fairness Act.

  • November 16, 2018

    SEC, CFTC Sue Over Alleged $170M Metals Ponzi Scheme

    The Commodity Futures Trading Commission, U.S. Securities and Exchange Commission and Utah’s securities regulator filed civil enforcement actions and obtained a temporary restraining order this week against a retail coin shop accused of defrauding at least 200 investors out of more than $170 million through a precious metals Ponzi scheme.

  • November 16, 2018

    13 States Urge 1st Circ. To Back Massachusetts' AR-15 Ban

    The attorneys general for 13 states and the District of Columbia have filed an amicus brief with the First Circuit supporting Massachusetts' long-standing ban on assault weapons and large-capacity magazines, saying states have the right to pass gun restrictions to protect their residents. 

  • November 16, 2018

    Texas Holding Co. Commits $100M To Hair Brand, Buys Stake

    California-based luxury hair extension brand Bellami Hair LLC said on Friday that Texas-based holding company Cathexis Holdings LLP has acquired a minority stake in the company for $20 million and also committed $100 million to facilitate growth.

  • November 16, 2018

    David's Bridal Says It Will Restructure In Ch. 11

    National bridal dress chain David’s Bridal Inc. said it will be entering Chapter 11 in the “near future” with the aim of restructuring and shedding $400 million in debt without disrupting customers’ wedding preparations.

  • November 15, 2018

    Goodwin Taps Ex-Gunderson Pro With Capital Markets Chops

    Global law firm Goodwin Procter LLP said it has hired a former Gunderson Dettmer capital markets attorney with extensive experience in the life sciences, telecommunications and technology industries to strengthen Goodwin’s technology companies, life sciences and capital markets practices.

  • November 15, 2018

    Sears Gets Court Approval For Store Auction Rules

    A New York bankruptcy judge Thursday approved Sears’ proposed procedures for auctioning off the majority of its stores, but put off a decision on the retail chain’s plan to sell $900 million in intercompany debt until next week.

  • November 15, 2018

    Buc-ee's, Rival Store Agree To Drop Logo Suit

    Popular Texas convenience store chain Buc-ee's and Choke Canyon, a competing store that was found by a federal jury to infringe Buc-ee's beaver logo, agreed Thursday to dismiss the lawsuit, meaning the damages portion of the trial won't take place.

  • November 15, 2018

    FYE Must Face The Music For Bogus 'Free' Offers, Suit Says

    The parent company of music and movie retailer FYE and a Meredith Corp. subsidiary were hit with a proposed class action in Massachusetts federal court Wednesday alleging they duped consumers into signing up for “free” offers that actually led to monthly charges.

  • November 15, 2018

    Ill. Senate Overrides Veto Of Car-Sharing Tax Protection

    The Illinois Senate has voted to override vetoed legislation that protected car-sharing services from the same tax and regulatory rules that apply to traditional car rental companies.

  • November 15, 2018

    Pot Workers Aren’t Protected By FLSA, 10th Circ. Told

    A Colorado company that provides security services to the state’s legal cannabis growers and sellers told the Tenth Circuit on Thursday its employees can’t pursue allegedly unpaid overtime under the Fair Labor Standards Act because their work is inherently illegal under federal law.

  • November 15, 2018

    Sexy Hair Gets Initial OK For $2.3M Deal Over Labeling

    A shampoo labeling flap appears headed for a $2.33 million settlement after a Massachusetts federal judge gave his preliminary stamp of approval late Wednesday in a dispute involving a proposed class suing beauty products retailer Ulta and shampoo maker Sexy Hair Concepts LLC.

  • November 15, 2018

    PTAB Declines To Review Foldable Chair Design Patent

    The Patent Trial and Appeal Board has declined to review an Idea Nuova Inc. patent covering the design of a foldable chair, finding that a rival chair maker failed to show how the patent was likely invalid as obvious or anticipated over images on another website.

  • November 15, 2018

    FDA Seeks Ban On Menthol Cigarettes, Limits On E-Cig Sales

    The U.S. Food and Drug Administration on Thursday proposed a ban on menthol cigarettes and flavored cigars, along with new restrictions on sales of flavored e-cigarettes, in an effort to prevent youth access.

  • November 14, 2018

    Travel Co. Trying To Pay Flyers To Duck Settlement, Atty Says

    A travel booking firm accused of jacking up airfares tried to end-run the settlement process in an antitrust suit by engaging in direct talks with several airline ticket buyers, a lawyer for the passengers who brought the suit has told a New York federal judge.

Expert Analysis

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • High Court May Dim Lights On Class Arbitration In Lamps Plus

    Adam Primm

    Following recent U.S. Supreme Court oral arguments in Lamps Plus v. Frank Varela, the Ninth Circuit’s decision in the case appears to be facing an uphill battle to uphold the authorization of class arbitration, say Adam Primm and Peter Kirsanow of Benesch Friedlander Coplan & Aronoff LLP.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • Solving The Mystery Of Contracting By Hyperlink

    Alan Wingfield

    When analyzing the incorporation of contract terms by reference using hyperlinks, courts are increasingly focusing on the hyperlink's labeling, location, prominence and accessibility, and on the consumer's assent, say Alan Wingfield and Troy Jenkins of Troutman Sanders LLP.

  • Software Companies Especially At Risk After Wayfair

    Brian Sengson

    Despite a commonly held belief in the technology community that the “service” portion of software-as-a-service means that sales tax has no significance, a growing number of states now require SaaS companies to collect sales tax on their invoices, says Brian Sengson of Bennett Thrasher LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Consider Potential Risks Of Scraping Publicly Available Data

    Kris Kappel

    One legal regime currently wrestling with the concept of data scraping is the Computer Fraud and Abuse Act. An important distinction that is emerging from the CFAA case law is whether the targeted data is publicly available or private and protected, say Kris Kappel and Liam Reilly of Husch Blackwell LLP.

  • 5 Key Takeaways From Portland's New Large Retailer Tax

    John Gadon

    John Gadon and Eric Kodesch of Lane Powell PC discuss who and what is included under the new 1 percent gross receipts tax on large retailers passed by Portland, Oregon, voters via ballot measure last week.

  • What To Expect From New Democratic Investigation Efforts

    Reginald Brown

    The new Democratic House majority is expected to direct much of its attention to executive branch oversight and accountability. Companies and their legal counsel should be prepared for a dramatically changed collateral environment as investigations cover a wide range of topics, say attorneys at WilmerHale.