Retail & E-Commerce

  • May 24, 2017

    Delivery Agent Execs Say Stearns Weaver Can't Rep Investor

    Executives of Delivery Agent Inc. have urged a California federal judge to disqualify Stearns Weaver Miller Weissler Alhadeff & Sitterson PA from representing an investor suing the bankrupt online retail club’s brass over allegations of securities fraud, saying a company executive previously sought legal advice from the firm. 

  • May 24, 2017

    Mass. Jury Clears MTD In Lawnmower Mishap

    A Massachusetts federal jury rejected a negligence case against lawnmower manufacturer MTD Products Inc. on Wednesday, finding that the plaintiff, who lost several fingers in a mishap with the machine, did not prove that defects in his mower caused his injuries.

  • May 24, 2017

    Wet Seal Seeks Longer Exclusivity Period To File Ch. 11 Plan

    Bankrupt women’s clothing retailer The Wet Seal LLC asked a Delaware judge Tuesday for an extension of the period during which it will have the exclusive right to file a Chapter 11 plan because it has been focusing its efforts on store liquidations and asset sales.

  • May 24, 2017

    1 Of 6 Classes Gets Cert. In Big Lots Wage Suit

    Big Lots Stores Inc. will face just one of six proposed classes accusing the company of cheating workers out of pay after a California federal judge on Tuesday found some of the proposed groups had claims not mentioned in the complaint.

  • May 24, 2017

    Costco, NBTY Can't Shake Supplement Label Row, Court Told

    A consumer told a California federal court on Tuesday that Costco and NBTY aren’t entitled to a quick win in a class action accusing them of falsely advertising that a ginkgo biloba product improves mental alertness and memory, saying that the evidence makes it clear the supplement is no better than a placebo.

  • May 24, 2017

    9th Circ. Orders New Review Of EEOC's McLane Subpoena

    The Ninth Circuit on Wednesday ordered a trial court to take a second look at whether grocery distributor McLane Co. Inc. must turn over workers' personally identifiable information to the U.S. Equal Employment Opportunity Commission, nearly two months after the U.S. Supreme Court remanded the case for review.

  • May 23, 2017

    Del. High Court Upholds Dismissal Of Books-A-Million Suit

    The dismissal of an investor class action alleging the directors of Books-A-Million Inc. acted in bad faith when they approved a take-private bid by the company’s controlling stockholder will stand after the Delaware Supreme Court upheld the decision Monday.

  • May 23, 2017

    Fed. Circ. Upholds Amazon’s Knockoff Pillowcase IP Win

    The Federal Circuit on Tuesday affirmed a district court decision that Amazon didn’t infringe design patents on stuffed animal pillowcases, saying the online commerce giant provided an online platform for third-party vendors to sell the items so it cannot be held liable for selling the allegedly infringing items itself.

  • May 23, 2017

    Wal-Mart Pushes Court To Protect Bribe Investigators’ Notes

    Wal-Mart Stores Inc. has asked an Arkansas federal judge to halt investors’ efforts to question two of its investigators who looked into rampant bribery in its Mexican unit, saying it would seek an emergency intervention by the Eighth Circuit to keep their privileged reports under wraps.

  • May 23, 2017

    $30M Rx Service Investor Double-Crossed, Suit Says

    A hedge fund veteran accused two brothers in New York federal court Tuesday of duping him out of his $30 million stake in a booming prescription service, saying the pair exploited his venture capital reputation while fraudulently reselling the promised shares behind his back.

  • May 23, 2017

    Forever 21 Rips Puma's 'Anti-Competitive Intent' In Shoe Spat

    Facing a potential preliminary injunction over allegedly infringing shoes, clothing chain Forever 21 blasted Puma SE for using “speculation and conclusory statements” in an effort to “shut down legitimate competition.”

  • May 23, 2017

    2nd Circ. Dumps Sales Tax Row Over Dunkin' Donuts' Coffee

    Dunkin’ Donuts customers who allege the coffee chain illegally imposed a surcharge in the guise of a sales tax can’t litigate their proposed class action in federal court and must apply for a refund through administrative channels instead, the Second Circuit ruled on Tuesday.

  • May 23, 2017

    Delivery Agent To Convert Bankruptcy To Ch. 7

    Bankrupt online retail club Delivery Agent Inc. agreed Tuesday in Delaware to convert its case to a Chapter 7 liquidation by month's end as the debtor continues negotiations for a settlement with the purchaser of Delivery Agent assets.

  • May 23, 2017

    Judge Greenlights Merck's $60M Deal In Pay-For-Delay MDL

    A New Jersey federal judge on Tuesday gave his preliminary approval to a $60.2 million settlement among Merck & Co. Inc., Upsher-Smith Laboratories Inc. and direct purchasers of the potassium supplement K-Dur, which will end long-running multidistrict litigation accusing the drug companies of engaging in a pay-for-delay scheme.

  • May 23, 2017

    Nike Retail Fights Remand Bid In Calif. Wage Dispute

    Nike Retail Services Inc. urged a California federal judge to reject a worker's bid to remand class allegations that Nike took money from employee paychecks to cover required uniforms, arguing Monday that the worker has not proven that under $5 million is in controversy.

  • May 23, 2017

    Biz Execs Spar Over Border-Adjusted Tax At House Hearing

    Current and past executives at Target, Walmart and ADM on Tuesday squared off against one another during a hearing on the proposed border-adjusted tax on Capitol Hill, offering sharply different takes on whether the most controversial part of the GOP’s tax plan would encourage American manufacturing or simply drive up the costs for consumer goods.

  • May 23, 2017

    Target Pays $18.5M To Settle States' Probe Over 2013 Breach

    Target has reached an $18.5 million settlement with 47 states and the District of Columbia to resolve the states’ investigation into the company’s 2013 data breach — the largest multistate data breach deal ever reached, according to a statement by multiple states’ attorneys general on Tuesday.

  • May 22, 2017

    Class Calls AutoZone Parts Case 'Simple' Enough For Cert.

    A putative class of AutoZone consumers suing over the sale of 40,000 allegedly defective and dangerous timing-chain tensioners for Chrysler V-6 engines hit back at the retailer and its supplier on Friday, accusing AutoZone and parts manufacturer S.A. Gear Co. Inc. of falsely representing facts in response to a motion for class certification.

  • May 22, 2017

    Texas ‘Gentlemen’s’ Club Suit Blasts Raid Over Latex-Wear

    An El Paso “gentlemen’s club” sued the Texas Department of Public Safety on Monday in federal court, alleging that law enforcement officers stormed the venue to see if the club and its latex-wearing dancers were trying to skirt state taxes imposed on nude entertainment.

  • May 22, 2017

    Retroactive Tax Laws Muddying Businesses’ Future Decisions

    The U.S. Supreme Court’s refusal to review seven cases challenging the backdated application of amended state tax laws leaves businesses in the precarious position of not being able to confidently structure their operations based on either current statutes or earlier court victories.

Expert Analysis

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • The 1st Amendment Right To Pass-Through Fees — And Taxes

    Eric Tresh

    The U.S. Supreme Court recently ruled that a New York statute that prohibits identifying a surcharge for credit card users regulates speech and is therefore subject to heightened scrutiny. The impact on how businesses collect or seek reimbursement for the costs of state and local taxes from their customers could be significant, say Eric Tresh and Alla Raykin of Eversheds Sutherland.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • DMCA 2.0: A Potential Shift In Safe Harbor Jurisprudence

    Scott Sholder

    For nearly a decade, the most heavily litigated Digital Millennium Copyright Act “safe harbor​" issue has been the level of an ​internet service provider​’s knowledge of infringement​. But ​courts and litigants are starting to debate who constitutes a “user” and when the storage of infringing material is “at the direction” of a use​r, says Scott Sholder of Cowan DeBaets Abrahams & Sheppard LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Don't Overlook The 1st Amendment In Labeling Litigation

    Michael Mueller

    Arguing that the First Amendment provides protection for product labeling is far from a slam dunk. But recent cases in Florida, Vermont and the District of Columbia highlight that, depending on the jurisdiction in which claims are brought, product suppliers and retailers may be able to defend their advertising and labeling practices on constitutional grounds, say attorneys with Hunton & Williams LLP.

  • Calif. High Court (Mostly) Clarifies Rest Day Rules

    Robin Largent

    While the California Supreme Court's recent opinion in Mendoza v. Nordstrom clarified some issues relating to California's day of rest requirements, it also left an important question unanswered, says Robin Largent of Carothers DiSante & Freudenberger LLP.

  • Data Breach Class Actions: Addressing Future Injury Risk

    Robert Kriss

    The Eighth Circuit's opinion in the data breach litigation against Target Corporation raises questions that could affect the finality and cost of settlements and, accordingly, whether and how a data breach class action can be settled, say Robert Kriss and Jerel Dawson of Mayer Brown LLP.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • What US Cos. Must Know About EU E-Commerce Rules: Part 2

    Enzo Marasà

    U.S.-based companies distributing their products online or setting up e-retail platforms in the EU must pay particular attention to how they select online distribution partners, as well as what type of sales restrictions they impose or agree to, if they want to avoid legal trouble, says Enzo Marasà of Portolano Cavallo.