Retail & E-Commerce

  • June 28, 2017

    Calif. AG, Restaurant Debate High Court Ruling At 9th Circ.

    California’s attorney general and an Italian restaurant sparred Tuesday in the Ninth Circuit over how a U.S. Supreme Court ruling about retailers’ disclosures to customers regarding credit card surcharges will affect the AG's appeal of a California federal court decision that tossed a state ban on credit card surcharges.

  • June 28, 2017

    Tax Court Won't Grant Anonymity To Serial Whistleblower

    The U.S. Tax Court refused to grant anonymity to a petitioner seeking a whistleblower award from the IRS in a published opinion Wednesday, citing the public interest of identifying “serial filers” in the wake of an increasing number of whistleblower claims.

  • June 28, 2017

    Theranos Customers Defend Joint Venture, Battery Claims

    A proposed class of customers accusing Theranos Inc. of misleading them about the accuracy of the startup’s blood tests on Tuesday asked a federal judge to revive parts of the mostly dismissed suit, arguing he misinterpreted joint venture liability and medical consent laws.

  • June 28, 2017

    Converse Can't Own 'Ubiquitous' Chuck Design, Walmart Says

    Walmart, Skechers and New Balance are urging the Federal Circuit to rule that Converse cannot protect its Chuck Taylor sneaker with trademark law, saying the shoe’s design had been “ubiquitously sold for decades by numerous companies.”

  • June 28, 2017

    Meal Kit Startup Blue Apron Slashes IPO Price Range By 34%

    Meal kit delivery startup Blue Apron Holdings Inc. slashed its initial public offering price range by more than one-third on Wednesday, according to a regulatory filing, representing a potentially sharp reduction in proceeds just as the week's highest-profile IPO is about to price.

  • June 28, 2017

    Sycamore Partners Inks $6.9B Staples Buyout

    Private equity firm Sycamore Partners has agreed to pick up Staples Inc. for $6.9 billion, a deal that comes after the office supply retailer’s attempted tie-up with rival Office Depot Inc. was blocked by antitrust regulators.

  • June 28, 2017

    Mass. Revokes Sales Tax Directive Targeting Online Vendors

    The Massachusetts Department of Revenue on Wednesday revoked its controversial final directive requiring out-of-state online retailers to collect sales or use tax and said it may propose new, but similar, regulations that the public can comment on before the state finalizes them.

  • June 28, 2017

    Panda Express Settles Immigrant Discrimination Claims

    The parent company of Panda Express will pay more than half a million dollars to settle claims that the nationwide fast-food chain excessively checked the immigration documents of already-verified employees, the Department of Justice’s Civil Rights Division announced Wednesday.

  • June 28, 2017

    Vogue Publisher Sues Over 'Legend Vogue' Jewelry

    The owner of Vogue magazine has filed a trademark infringement lawsuit seeking to block a Taiwanese company from selling a “Legend Vogue” line of jewelry in the United States, saying the company’s use of Vogue’s trademark is likely to deceive consumers as to the origin of its goods.

  • June 28, 2017

    The 10 Funniest Moments Of The Supreme Court Term

    Neal Katyal seemingly tried to educate Justice Samuel Alito about a well-known Latin phrase, Justice Sonia Sotomayor prayed aloud that she wouldn’t be assigned a mind-numbing opinion, and Justice Elena Kagan needled a lawyer who confused her with another justice. Here, Law360 wraps up the top moments of legal levity from the latest high court term.

  • June 28, 2017

    The Most Talkative Justice Of The High Court Term

    Since the death of Justice Antonin Scalia last year, a new U.S. Supreme Court justice has emerged as the most talkative at oral arguments — and the titleholder should come as no surprise to court watchers.

  • June 28, 2017

    The Cases That Got The Justices Talking

    The justices’ level of engagement at oral argument can provide a crucial window into their thinking on an issue, but interpreting what that might mean for how they’ll rule is an elusive art. Here, Law360 looks at the sessions in which each justice engaged the most.

  • June 27, 2017

    Chicago-Area Retailers Sue Over Penny-An-Ounce Soda Tax

    A group of Chicago-area store owners filed a lawsuit Tuesday in Cook County Court seeking to halt the enactment of a penny-an-ounce county tax on soda pop, arguing it will negatively impact their sales.

  • June 27, 2017

    Int’l Paper Co. Inks $345M Deal In Supply-Fixing Action

    International Paper Co. has agreed to pay $354 million to settle a seven-year class action accusing it and other containerboard manufacturers of colluding to suppress supply and increase prices, according to a proposed settlement agreement filed in Illinois federal court Tuesday.

  • June 27, 2017

    Bankrupt Payless Expands Store Closure Plans, Again

    Payless Holdings LLC received permission Tuesday in Missouri bankruptcy court to embark on a third round of store closures, paving the way for the closure tally to approach 700.

  • June 27, 2017

    Darden Wants FACTA Suit Stayed Pending Spokeo Ruling

    Darden Restaurants Inc. urged a Florida federal judge Tuesday to wait to decide a case claiming it violated the Fair and Accurate Credit Transactions Act, saying the judge is set to rule on a strikingly similar suit that also addresses the U.S. Supreme Court’s Spokeo v. Robins ruling.

  • June 27, 2017

    PAGA Waiver Stalls Vons’ $2.1M Late-Wages Suit Settlement

    A California judge Tuesday refused to approve Vons Cos. Inc.’s $2.1 million settlement to resolve the putative class claims of 43,700 former employees alleging the grocery giant was slow to pay post-termination wages, saying the deal waives Private Attorneys General Act claims not raised in the complaint.

  • June 27, 2017

    Gorsuch And Thomas Becoming Fast Friends At High Court

    In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.

  • June 27, 2017

    Real Estate Rumors: Robert Buford, East End, Berkshire

    A venture that includes Planned Property Management's Robert Buford is said to have dropped $100 million on a Chicago apartment tower, an East End Capital venture has reportedly scored a $57.9 million loan for a Florida residential and retail project and Berkshire Group is said to have bought a Florida apartment complex for $100 million.

  • June 27, 2017

    5 High Court Concurrences That Read Like Dissents

    “Concurring opinion” can feel like a misnomer when a justice departs from — or downright slams — the reasoning of the majority. Here are the opinions from the latest U.S. Supreme Court term in which the biggest divisions bore the label of agreement.

Expert Analysis

  • The Road To Standardizing Food Safety And Quality Dates

    Michael Cromwell

    A lack of clear federal regulatory guidance on the quality and safety of food is one primary reason food waste is such a chronic problem in the U.S. Another is fear of liability. But potential solutions exist, both in the form of proposed legislative reform and current legislation, as well as voluntary standards developed by the food industry, says Michael Cromwell of Womble Carlyle Sandridge & Rice LLP.

  • Series

    Leegin's 10-Year Checkup: No Big Changes In The Marketplace

    Michael Lockerby

    The experience of the past decade simply has not borne out the U.S. Supreme Court dissent’s prediction that Leegin “will likely raise the price of goods at retail” and “create considerable legal turbulence as lower courts seek to develop workable principles,” says Michael Lockerby, co-leader of Foley & Lardner LLP's distribution and franchise practice group.

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Series

    Leegin's 10-Year Checkup: US Influence On RPM Overseas


    In recent decades, as the rule of reason has been extended to analysis of vertical restraints in U.S. antitrust law, competition law regimes in other countries have likewise applied greater flexibility to the analysis of nonprice vertical restraints. However, none has gone so far as to adopt the U.S. Supreme Court's Leegin rule for resale price maintenance, say attorneys with Jones Day.

  • Why Amazon's Whole Foods Buy Is Likely To Be Cleared

    Lisl Dunlop

    Given Whole Foods' relatively small presence in the grocery industry, the idea that this deal gives Amazon an unfair advantage in either the physical or online market appears overblown. Equally overblown appear to be concerns that the transaction will result in buyer power, says Lisl Dunlop of Manatt Phelps & Phillips.

  • Revisiting Enforcement Of EEOC Subpoenas At 9th Circ.

    Mark Wiletsky

    In April, the U.S. Supreme Court remanded U.S. Equal Employment Opportunity Commission v. McLane back to the Ninth Circuit to apply an abuse of discretion standard of review. Unsurprisingly, the Ninth Circuit relied on its earlier analysis to once again conclude that the district court should have enforced the EEOC’s subpoena, says Mark Wiletsky of Holland & Hart LLP.

  • Opinion

    How Nevada Is Preparing For Blockchain Technology

    Ben Kieckhefer

    Nevada Senate Bill 398 helps make the state welcoming to companies using blockchain technology, and gives legal recognition to blockchain transactions. It also incorporates blockchain into the definition of electronic records, and prohibits interference from local governments, says Ben Kieckhefer, a member of the Nevada Senate and director of client relations for McDonald Carano LLP.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.