Retail & E-Commerce

  • August 23, 2017

    True Religion Gets Nod For Del. Ch. 11 Disclosure, Voting

    True Religion Apparel Inc. secured Delaware bankruptcy court approval for a sharply pressed Chapter 11 disclosure on Wednesday, setting the stage for an Oct. 5 confirmation hearing on a plan that will cut away about 71 percent of the company's initial, $483 million in debt.

  • August 23, 2017

    3 Employment Developments You May Have Missed

    August has proved to be a busy month in the labor and employment sector, with Connecticut saying that retailers can’t use the fluctuating workweek model to calculate overtime for employees who earn commissions and a lesbian California employee suing the mortgage company where she worked for discrimination after it stripped health benefits from her same-sex spouse. Here, Law360 offers a roundup of recent developments in labor and employment cases you may have missed.

  • August 23, 2017

    10th Circ. Affirms $24.5M In 'Hot Fuel' MDL Settlements

    The Tenth Circuit on Wednesday affirmed $24.5 million in settlements in multidistrict litigation over whether oil companies and gas stations overcharged consumers for gasoline on hot days, rejecting a litany of objections including one from Costco Wholesale Corp.

  • August 23, 2017

    Deals Rumor Mill: Toshiba, Eldorado Brasil Celulose, AMMB

    Toshiba is changing focus in suitors for its memory chip business, the list of potential buyers for Brazilian pulp and paper company Eldorado Brasil Celulose is growing, and Australia and New Zealand Banking Group no longer intends to sell its stake in Malaysian bank AMMB.

  • August 23, 2017

    With New Balance Win, China Shows Trademark Progress

    A Chinese court has awarded New Balance $1.5 million in damages against local companies that infringed the sneaker giant's signature slanting “NB” logo, an unusually large award that experts say is positive sign for a jurisdiction that has often proved difficult for U.S. trademark owners.

  • August 23, 2017

    Davis Polk Advises Purchasers In Amazon's $16B Debt Sale

    Davis Polk & Wardwell LLP on Wednesday said that it advised initial purchasers in connection with Amazon.com Inc.’s recently issued $16 billion bond, intended to help finance the online retail giant’s $13.7 billion acquisition of grocer Whole Foods Market Inc.

  • August 23, 2017

    Singapore Court Sets Aside AC Seller's $11M SIAC Award

    A judge for the High Court of Singapore has explained his rationale for dismissing most of an $11 million arbitration award against an Israeli air conditioner distributor in its dispute with a Chinese manufacturer earlier this month, concluding that a tribunal exceeded its authority by addressing matters outside the scope of the case in a decision posted Tuesday.

  • August 22, 2017

    Calif. Court Keeps Dov Charney Hedge Fund Suit On Ice

    A California appeals court on Tuesday declined to lift a stay on former American Apparel CEO Dov Charney’s securities lawsuit against his bankrupt former company and a hedge fund entity he says played a role in his ouster, allowing related contract suits to play out in Delaware first.

  • August 22, 2017

    Ann Taylor's $3.5M Wage Deal OK’d, But Awards Trimmed

    A California judge on Tuesday approved clothier Ann Taylor's $3.5 million deal to end over 8,150 workers' claims of unpaid wages and missed breaks but slashed requested awards for the class representatives, admonishing counsel for submitting “boilerplate, lawyer-drafted declarations” for their clients.

  • August 22, 2017

    E-Commerce Biz Admits Fixing Prices Of Promotional Items

    A California wristband company and its CEO have pled guilty to conspiring to fix the prices of promotional products sold online in the U.S., the U.S. Department of Justice’s Antitrust Division and the FBI’s Houston Field Division said Tuesday.

  • August 22, 2017

    Real Estate Rumors: NYC Penthouse, FPA, Justworks

    A planned New York penthouse could list for as much as $75 million, an FPA Multifamily venture has reportedly paid $48 million for 165 condo units in Chicago and payroll automation software platform Justworks has reportedly subleased roughly 59,000 square feet in New York from Tommy Hilfiger.

  • August 22, 2017

    Expedia Can't Slim Hotels' False Ad Suit, Court Told

    A pair of hotels blasted Expedia's bid to trim a proposed class action accusing the company of luring in customers with false advertisements and then diverting them to make reservations at places where it gets a cut, telling a California federal judge Monday that the motion is "untimely and improper."

  • August 22, 2017

    Class Rep Bounty Eyed In $14.5M American Eagle TCPA Deal

    U.S. District Judge Valerie E. Caproni looked ready Tuesday to approve a settlement between American Eagle Outfitters and 618,000 consumers who say the retailer unlawfully texted them, but she asked why four lead plaintiffs should get $10,000 each when regular class members would get only about $232.

  • August 22, 2017

    Ill. Bakery Says It Got Burned In Ole Mexican Pastry Deal

    An Illinois bakery that tapped Ole Mexican Foods Inc. to produce pastries for 7-Eleven stores hit the supplier with a $2 million lawsuit in Illinois federal court Monday for allegedly burning, botching and mislabeling the goods. 

  • August 22, 2017

    Calif. Online Store Fights Back Against Alleged Patent Troll

    WorldPantry.com has filed a complaint in California federal court accusing Landmark Technology of being a patent troll by threatening litigation over a payment processing patent, asking the court to declare that the patent is invalid and has not been infringed.

  • August 22, 2017

    Tax Court Rejects Insurance Deductions In $1.6M Row

    A U.S. Tax Court judge on Monday largely sided with the IRS and upheld most of a $1.6 million tax bill pegged to husband-and-wife Arizona business owners accused of shuffling money through their in-house insurer to claim business expense deductions for the insurance premiums.

  • August 22, 2017

    Tesla Wins Bid For Lawmaker Docs In Direct Auto Sales Fight

    A Michigan magistrate judge on Monday ordered two Republican state lawmakers to comply with Tesla Motors Inc.’s requests for documents related to a state law passed in 2014 that bans the automaker from selling directly to consumers.

  • August 22, 2017

    Don't Trim Claim In TCPA Fax Suit, Ill. Pharmacy Asks

    An Illinois convenience store and pharmacy urged a federal judge Monday to deny a bid to dismiss its conversion claim against a medical supply company, arguing that the claim doesn’t duplicate its allegation of violations of the Telephone Consumer Protection Act through the sending of unsolicited faxes.

  • August 22, 2017

    Hardwood Floors Fall Outside Invoicing Law, NJ Panel Says

    The New Jersey Appellate Division declined to revive the class allegations of Lumber Liquidators Inc. shoppers who contend the flooring retailer's sales invoices violated state consumer protection laws, ruling Tuesday that the purchased products did not meet New Jersey’s regulatory definition of protected merchandise.

  • August 21, 2017

    Rite Aid Asks Calif. Panel To Undo $8.7M Firing Verdict

    Rite Aid Corp. urged a California appellate panel Monday to discard an $8.7 million jury verdict for a former manager who said he was wrongfully fired after being injured in a store robbery, saying the trial judge prejudicially excluded evidence showing legitimate, nondiscriminatory grounds for letting him go.

Expert Analysis

  • Introducing The New Meaning Of 'In Room' Shopping

    Nancy Davids

    It has become common for luxury retail brands to open high-end hotels with specially designed furnishings. While the goal is for guests to purchase the products after their hotel stays, the services and products must be appropriately marketed to protect the brand if a guest has an undesirable experience, say Nancy Davids and Melissa Rivers of Goulston & Storrs LLP.

  • Rebuttal

    Discovery Proportionality: A Defense View

    Alan Hoffman

    A recent Law360 guest article offered a plaintiff’s guide to discovery proportionality, focusing on recent amendments to Rule 26 of the Federal Rules of Civil Procedure. But proportionality is achieved by collaboration, not by mechanistically applying rules. When lawyers work together to establish the nature and scope of discovery, disputes can be avoided, says Alan Hoffman of Husch Blackwell LLP.

  • When Employer Rules Against Recording May Violate NLRA

     Matthew LaGarde

    When considering the impact of the recent decisions of the National Labor Relations Board and the Second Circuit in Whole Foods v. NLRB, it is important to remember that the National Labor Relations Act’s protections are not limited to the unionized workforce, say Matthew LaGarde and Carolyn Wheeler of Katz Marshall & Banks LLP.

  • Rebuttal

    Assessing 'The Value Of Class Actions'

    Andrew Pincus

    In a recent Law360 opinion piece, Gary Mason claimed that class actions provide “significant benefits” to class members. But the study he conducted to support this conclusion shows just the opposite, says Andrew Pincus of Mayer Brown LLP.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • State And Local Tax Scoreboard: 2017 Midyear Review

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    In this midyear state and local tax review, Charles Capouet and Hanish Patel of Eversheds Sutherland LLP discuss 2017 SALT litigation to date, including corporate income tax and sales and use tax case results, the most significant cases of Q2 2017, and the Maine Supreme Judicial Court’s holding in State Tax Assessor v. MCI Communications Services Inc.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Opioid Litigation: What’s On The Horizon

    David Schwartz

    As prescriptions for pain-suppressing opioids have soared, some have speculated that litigation will follow. Such litigation could take various forms, including personal injury lawsuits making design defect and/or failure-to-warn claims, consumer fraud actions, and more. Manufacturers and retailers should take steps now to protect themselves, say authors from Innovative Science Solutions and Locke Lord LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)