Retail & E-Commerce

  • October 16, 2017

    What’s At Stake In The AmEx Merchant Rules Case

    The U.S. Supreme Court’s decision Monday to take up a case over American Express Co.’s policy of prohibiting merchants from steering customers to other credit cards gives the high court a rare opportunity to provide clarity on the rule-of-reason. Experts tell Law360 that while most antitrust cases taken up by the justices deal with what kind of analysis needs to be made, in this case they could touch on how that analysis should be performed.

  • October 16, 2017

    Expert Links 'Filth' In Costco-Bound Berries To Hep A Death

    A food safety expert told a California jury Monday that Costco should have never sold a frozen berry blend behind a hepatitis A outbreak that allegedly killed an 89-year-old woman because “filth” found in pomegranate seeds headed for the blend was a clear warning for disease.

  • October 16, 2017

    High Court Rejects Trio Of Employment Cases

    The U.S. Supreme Court on Monday rejected three separate petitions that raised employment law questions, including whether claims brought under California’s Private Attorneys General Act can be waived in employment arbitration deals and how courts should assess certain claims under the Family and Medical Leave Act.

  • October 16, 2017

    Blue Apron Investor Wants Stock-Drop Suits Consolidated

    A shareholder leading a suit against Blue Apron told a New York federal court Monday that consolidating proposed class actions alleging the meal-kit delivery company and its directors and underwriters misled investors ahead of its initial public offering would be most efficient.

  • October 16, 2017

    Mattress Firm Sues 'Bed-In-A-Box' Co. For Allegedly False Ads

    Mattress Firm Inc. sued online mattress company Tuft & Needle on Monday in Texas federal court, accusing the so-called bed-in-a-box startup of smearing Mattress Firm's trademark with false advertising as it sought to break into the business.

  • October 16, 2017

    BP Midstream, Four Others Launch IPOs Exceeding $1.3B

    BP Midstream Partners LP, a master limited partnership formed by BP to operate the energy giant's U.S. pipelines, set terms Monday for an estimated $850 million initial public offering, one of five companies to launch IPOs that could raise more than $1.3 billion.

  • October 16, 2017

    Performance Sports, Pension Fund Spar Over Class Claim

    Bankrupt athletic equipment maker Performance Sports Group argued Monday in Delaware to disallow a potential class claim from a pension fund that alleges company brass misled investors about the company’s financial performance and business plans before a restatement of its finances in 2016.

  • October 16, 2017

    Haggen Creditors Square Off With Comvest In Ch. 11 Trial

    Comvest Partners pushed back Monday against asset-stripping allegations from bankrupt Haggen Holdings LLC’s unsecured creditors committee, arguing at the start of trial on the issue that the grocery chain’s collapsed expansion was simply a risk that failed and not an engineered fraud to part creditors from their assets.

  • October 16, 2017

    Aerosoles Owner Seeks $25M DIP For Del. Ch. 11

    Bankrupt Aerogroup International Inc. sought Delaware court approval Sunday for a $25 million debtor-in-possession loan, with most of the cash intended to pay off a prepetition loan and eliminate lender credit restrictions.

  • October 16, 2017

    Real Estate Rumors: Bronstein, JDS, Former Picasso Home

    Bronstein Properties is reportedly buying a Brooklyn residential and retail building for $43.3 million, JDS Development is said to have scored $62.5 million in financing for a Florida condo project, and a New Zealand investor has picked up a French mansion once home to Pablo Picasso for roughly $23.7 million.

  • October 16, 2017

    Verdict Slashed By $2M In Fla. Ladder-Fall Trial

    A Florida judge on Monday slashed a $4.7 million verdict for a fall from an allegedly defective ladder, saying subsequent unrelated medical problems served as a cutoff point for damages calculations.

  • October 16, 2017

    MoFo, Seyfarth Shaw Steer $468M Unizo-TH Real Estate Deal

    Morrison & Foerster LLP represented Japanese investment firm Unizo Real Estate in connection with its $467.5 million purchase of an office and retail building on Third Avenue in Manhattan from Seyfarth Shaw LLP-counseled TH Real Estate, according to a deed filed in New York on Monday.

  • October 16, 2017

    Comcast, Others Infringed Home Security Patent, Suit Says

    Video surveillance technology company ComCam International hit Comcast Cable Communications, Abode Systems and SimpliSafe with suits in Delaware federal court Friday, accusing the companies of infringing its internet-based security, fire and emergency identification system patent with their home security and automation products.

  • October 16, 2017

    Former RadioShack Employees Object To Del. Ch. 11 Plan

    A group of former employees suing defunct RadioShack over botched mass layoffs urged a Delaware bankruptcy court Monday to shoot down the electronic retailer’s proposed Chapter 11 plan, saying it provides no information on how RadioShack will pay for the proposed class action if the laid-off workers prevail.

  • October 16, 2017

    Greystar Scores $201M Loan From Otera For Calif. Project

    Developer Greystar has scored a $201 million loan from Canadian lender Otera Capital for a luxury multifamily and retail project in San Jose, California, according to an announcement on Monday from Greystar's broker Holliday Fenoglio Fowler LP.

  • October 16, 2017

    US-Canada WTO Scrap Still Piquing Winemakers' Interest

    An unusual World Trade Organization dispute between the U.S. and Canada over the latter's purported restrictions on foreign wine reaching its grocery stores continued to draw interest from the world's top wine producers Monday as Argentina requested to formally monitor the case.

  • October 16, 2017

    Nordstrom Puts Take-Private Discussions On Hold Until 2018

    Nordstrom Inc. said Monday that the Nordstrom family has suspended its exploration of a take-private deal for the fashion retailer until after the holidays, news that comes following rumors the founding family had teamed up with a private equity firm for a potential deal.

  • October 16, 2017

    Justices Will Hear Antitrust Suit Over AmEx Merchant Rules

    The U.S. Supreme Court said Monday it will hear an antitrust case over American Express Co.'s rules preventing merchants from steering customers to other credit cards, provisions that a group of states has said are anti-competitive.

  • October 13, 2017

    Anheuser, Molson Coors Slam Canadian Beer Antitrust Suit

    Anheuser-Busch InBEV and Molson Coors Brewing Co. asked a Wisconsin judge Friday to toss an antitrust suit that alleges they conspired to restrict competition in Ontario’s beer market, arguing the complaint fails to explain why a U.S. court should hear the case.

  • October 13, 2017

    Studios Say TickBox Aids IP Theft 'With A Wink And A Nod'

    Major movie studios and entertainment newcomers like Netflix and Amazon banded together to sue TickBox in California federal court Friday, saying the online streaming service infringes their copyrighted content by selling “with a wink and a nod” devices customers can use to watch movies and TV shows for free. 

Expert Analysis

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • In California, Made-For-Outlet Products Are OK

    Jay Ramsey

    Many class actions have been filed against major retailers challenging the selling of products made only for an outlet or factory store, without disclosing them as such. But the California Court of Appeal recently upheld the lawfulness of this practice. The ruling may portend more courts taking a hard look at such claims, says Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

  • Retailers Must Prevent Sales Of Recalled Products

    Jonathan Judge

    Recently, Home Depot became the latest mass retailer to pay a civil penalty for selling products previously recalled by the U.S. Consumer Product Safety Commission. Penalties like this signal that the CPSC has made enforcement of this issue a priority, and retailers must tightly manage their inventory to prevent such transactions from happening, says Jonathan Judge of Schiff Hardin LLP.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • How States Are Trying New Strategies To Collect Sales Tax

    Carley Roberts

    States historically have had difficulty collecting sales tax from out-of-state sellers, thanks to the U.S. Supreme Court's Quill decision. But recent laws aimed at forcing online marketplaces to collect sales tax or comply with certain reporting requirements show that states are getting creative in pursuing tax revenue, say attorneys at Eversheds Sutherland LLP.

  • Merger Enforcement Takeaways From 5 Recent Cases

    Debbie Feinstein

    Despite a number of key federal antitrust posts remaining vacant, the antitrust authorities have remained quite active. Here, attorneys with Arnold & Porter Kaye Scholer LLP discuss five recent transactions and what those cases mean for merger enforcement in the United States in the coming months and years.

  • Reliability Of 'Price Premium' Calculations In Class Actions

    Jon Tomlin

    The evaluation of price premium models by trial courts will be critical in determining the success of current consumer class actions and the prevalence of future consumer class actions. However, many recently proposed price premium models have fallen short of meeting the economic requirements of a reliable price premium calculation, says Jon Tomlin of Navigant Consulting.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.