Retail & E-Commerce

  • February 24, 2017

    Microsoft Agrees To Pay $1.2M To End Consumer Receipt Suit

    Microsoft Corp. and a proposed class of consumers who allege the company’s physical store receipts displayed too many digits of their credit card numbers submitted details of a $1.2 million deal to end the suit to a Florida federal court on Friday.

  • February 24, 2017

    Whole Foods Asks 2nd Circ. To Nix NLRB No-Recording Rules

    Whole Foods Market Inc. asked the Second Circuit on Friday to scuttle rulings by the National Labor Relations Board that say recording by employees in the workplace is protected under the National Labor Relations Act, saying the board ignored its own precedent that acknowledges the “chilling effect” of recording.

  • February 24, 2017

    Tuesday Morning PAGA Wage Settlement OK'd On Second Try

    A California federal judge on Thursday signed off on a revised settlement between retailer Tuesday Morning and a class of employees in an unpaid wages suit, saying a $30,000 increase in a $780,000 deal will cover the release of all claims.

  • February 24, 2017

    Weil Lures PE Partner From Gibson Dunn

    A former Gibson Dunn partner who has represented financial advisers in private equity-backed deals with Sheridan Healthcare Inc. and Burger King has joined Weil Gotshal & Manges LLP in New York.

  • February 24, 2017

    Trump Shows Optimism For Republican Border Tax Plan

    President Donald Trump said during a media interview on Thursday that a plan from congressional Republicans to include a border adjustment tax in an overhaul of the tax code could create jobs, but still stopped short of endorsing the proposal.

  • February 24, 2017

    Macy's Asks Justices To Weigh In On Perfume Sellers Union

    Macy’s Inc. has asked the U.S. Supreme Court to clarify the standard used by the National Labor Relations Board in determining whether a micro bargaining unit can be certified for collective bargaining.

  • February 24, 2017

    High Court Shouldn't Revive $7B Antitrust Deal, Groups Say

    Consumer groups have asked the U.S. Supreme Court not to review a Second Circuit decision dismantling a landmark $7.25 billion class action antitrust settlement between retailers and Visa and MasterCard over interchange fees.

  • February 24, 2017

    Amazon Can Put Refunds On Hold In In-App Purchase Suit

    A Washington federal judge granted Amazon’s request to hold off on the claims process for customers charged for unauthorized app purchases by their children, saying Thursday the company made good points for imposing a stay while an appeal is pending, particularly concerning the irreparable harm it could face without one.

  • February 24, 2017

    Speaker Co.'s $1M Award Confirmed Against No-Show Buyer

    A California federal judge confirmed a $1 million arbitration award Thursday for a Chinese company that says it delivered more than 13,000 trendy portable speakers for Stelle LLC, but Stelle never fully paid up or appeared in either arbitration or the confirmation proceedings.

  • February 24, 2017

    Brand Battles: Patagonia Targets Pot-Themed 'Ganjagonia'

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, apparel brand Patagonia says a "Ganjagonia" mark will tarnish its name, Walt Disney won't just let it go when it sees a "Frozen" mark, and several MLB clubs spring into action.

  • February 23, 2017

    11th Circ. Asked To Scrap $6.3M Pact In Godiva Receipt Row

    A pair of objectors brought to the Eleventh Circuit Wednesday their grievances with a $6.3 million settlement that resolved a proposed class action accusing Godiva Chocolatier Inc. of printing too much information on sales receipts, arguing that the lead plaintiff and his counsel exerted "remarkably minimal effort" in reaching an unbalanced deal.

  • February 23, 2017

    Tax Reform Possible Despite Border Adjustment Opposition

    Despite growing opposition from retailers and within the GOP's own ranks to a tax reform blueprint that would disallow deductions for import costs, experts are hopeful that a compromise going beyond mere tax cuts is possible.

  • February 23, 2017

    Costco $2M Deal With Drivers Stalls At First Hurdle

    A California federal judge on Wednesday put the brakes on a $2 million settlement between Costco and a proposed class of industrial drivers who accused the wholesaler of not paying overtime and break wages, saying the deal included an improper release of certain fair labor claims.

  • February 23, 2017

    E-Book Cos. Push 2nd Circ. To Revive Antitrust Claims

    A pair of book companies, one of them defunct, asked the Second Circuit on Thursday in back-to-back arguments to revive their suits against a group of publishers, saying the lower court erred in finding they hadn’t suffered antitrust injuries from an anti-competitive conspiracy involving the price-fixing of e-books sold by Apple Inc.

  • February 23, 2017

    The Limited IP Sale Approved With $26.75M Winning Bid

    Bankrupt women’s clothing retailer The Limited Stores Co. LLC on Thursday received court approval for a sale of its intellectual property to a unit of private equity firm Sycamore Partners, which will pay $26.75 million in cash for the assets after an auction earlier this week.

  • February 23, 2017

    Aldi Managers Get Collective Cert. In Classification Suit

    A New York magistrate judge on Wednesday conditionally certified a collective action brought by Aldi Inc. store managers alleging the grocery chain misclassified them to skirt overtime requirements, holding that the workers met their burden to show they were similarly situated victims of a common policy that violated the Fair Labor Standards Act.

  • February 23, 2017

    E-Book Seller Appeals Canadian Price-Fixing Settlements

    E-book retailer Kobo Inc. has lodged an appeal of agreements Canada’s Competition Bureau inked in January to settle price-fixing allegations against publishers, saying in a Toronto court that the agency stepped outside its authority because the conspiracy took place in the U.S.

  • February 23, 2017

    Carter's Pays $140M To Acquire PE-Backed Skip Hop

    Carter’s Inc. has agreed to buy Skip Hop Inc. from consumer-focused private equity firm Fireman Capital Partners in a deal worth about $140 million, the companies said on Thursday, adding to Carter’s portfolio a maker of branded products and accessories for both parents and young children.

  • February 23, 2017

    Philly Sugary Drinks Tax Brings In $5.7M In First Month

    Philadelphia has pulled in $5.7 million during its first month of collecting a tax on sugary drinks, more than double what had been predicted, the city’s revenue department announced Thursday.

  • February 22, 2017

    Williams-Sonoma Nears Trim Of Thread Count Labeling Suit

    A California federal judge said during a hearing Wednesday he would likely grant some, but not all, of Williams-Sonoma's requests to trim claims and products from a putative class action alleging the company misleads customers about the thread count of its bedding.

Expert Analysis

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • More Pricing Litigation On The Docket In 2017

    The current wave of pricing litigation began nearly three years ago, and has already targeted more than 60 retailers in more than 100 lawsuits. In 2017, several cases are on appeal, others are starting the class certification or summary judgment phase, and some are slated for trial, portending possible major changes in case law, say Stephanie Sheridan and Meegan Brooks of Sedgwick LLP.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Here Come The Drones — And The Legal Headaches

    Nathan Bohlander

    Unmanned aerial vehicles are being adapted for a myriad of commercial purposes, by a range of industries including entertainment, energy, farming, real estate, telecommunications, shipping and construction. But as drone usage proliferates, manufacturers and distributors must be cognizant of product liability risks, safety standards, technological developments, and changing insurance coverage requirements, says Nathan Bohlander of M... (continued)

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Data Dexterity: The New Moat Of The Information Economy

    Brian H. Lam

    Over the past year, companies have used data-based competitive advantage, or “moats,” to drive astronomic acquisition prices. In this article, Brian Lam of Mintz Levin Cohn Ferris Glovsky and Popeo PC introduces the concept of “data dexterity” as the actual creator of data-based moats and analyzes the data interactions of LinkedIn, Dollar Shave Club and AppDynamics to illustrate how data dexterity exists in practice.

  • Illinois Biometrics Legislation Sets Trend

    Kathryn E. Deal

    Litigation under Illinois’ Biometric Information Privacy Act has included putative class actions against corporate defendants ranging from some of the largest social media and technology companies to a daycare center. Now the Connecticut, New Hampshire, Washington and Alaska legislatures have also proposed bills that would regulate the collection, retention and use of biometric data, say attorneys with Drinker Biddle & Reath LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.