Retail & E-Commerce

  • January 24, 2017

    Amazon Will Tweak E-Book Deals Over EU Antitrust Probe Inc. on Tuesday agreed to change its e-book contracts with publishers in the European Union in light of an antitrust investigation spurred by concerns the contracts fostered anticompetitive behavior in the region, according to a news release from the European Commission.

  • January 24, 2017

    3 Firms Steer $81M Chicago Mall Deal

    Benesch Friedlander Coplan & Aronoff LLP represented DDR Corp. on its recent purchase of a grocery-anchored shopping mall in Chicago for $81 million from a joint venture of Pachter Gregory & Raffaldini PC-counseled Barrett & Porto Real Estate LLC and The Taxman Corp. and Seyfarth Shaw LLP-counseled Newport Capital Partners.

  • January 24, 2017

    Real Estate Rumors: Premier Equities, Equity One, Acore

    Premier Equities is said to have dropped $26 million on two New York buildings, real estate investment trust Equity One has reportedly sold a Florida grocery-anchored mall for $10.2 million, and Acore Capital is said to have loaned $112 million for a New Jersey multifamily property.

  • January 24, 2017

    Amazon Must Face Data-Storage Patent Infringement Suit Inc. lost its bid to dodge an infringement suit filed by Speed Track Inc. when a California federal judge agreed Monday that the patent at issue, covering an online method of data storage, was valid.

  • January 24, 2017

    Hedge Fund Says Creditors Prolonged American Apparel Woes

    Hedge fund and American Apparel lender Standard General LP on Monday launched an adversary suit against four other creditors in the clothing retailer’s bankruptcy proceedings in Delaware, saying their actions added $82 million worth of debt to the company and prolonged its financial issues.

  • January 24, 2017

    AutoZone Can't Escape Faulty Part Suit

    An Illinois federal judge on Monday ruled AutoZone can’t escape a proposed class action alleging the retailer knowingly sold defective Chrysler engine parts, saying advertising promises of strength and durability are not just puffery but represent a product warranty.

  • January 24, 2017

    Judge Nixes Office Depot's FCA Coverage Fight With AIG

    A California federal judge on Monday permanently dismissed Office Depot’s breach of contract lawsuit claiming AIG Specialty Insurance Co. owed it a defense of a whistleblower’s accusations that the supply giant overbilled public entities, which it settled in 2015 for $77.5 million.

  • January 23, 2017

    Reebok, Adidas Get Partial Win On TM Infringement Claims

    An Oregon federal judge said Monday that Reebok and Adidas could continue with trademark infringement claims over their well-known “RBK” and “Three-Stripe” marks, tossing two defenses that the companies had colluded to force a rival brand off the market.

  • January 23, 2017

    Fla. Defends 'Long-Standing' Tax On Remote Floral Deliveries

    The Florida Department of Revenue hit back at an online flower retailer’s constitutional challenge to a sales tax on out-of-state deliveries, telling the U.S. Supreme Court that the tax is a “long-standing and widespread practice” over which there is no evidence of disagreement among lower courts.

  • January 23, 2017

    Lowenstein Adds Former Cooley Partner To Bankruptcy Team

    A former Cooley LLP partner in charge of handling bankruptcy matters related to a number of high-profile retailers and technology companies has joined Lowenstein Sandler LLP in its New York office, the firm announced Monday.

  • January 23, 2017

    Toys R Us Not At Fault In Girl's Bike Injury, Jury Says

    A Maryland federal jury on Friday handed Toys R Us a win when it found that a bicycle assembled at one of its stores and belonging to a girl who had to have extensive dental work after a crash in 2012 wasn’t defective and unreasonably dangerous.

  • January 23, 2017

    Best Buy Investors Want To Show Price Impact Evidence

    Best Buy shareholders urged a Minnesota federal judge Friday to allow evidence that alleged securities law violations committed by the retailer’s executives caused its stock price to drop, following the Eighth Circuit’s decision last year to decertify a class of investors over opposing evidence from Best Buy.

  • January 23, 2017

    Texas Roadhouse CEO Denies Bias, Rips 'Lawyer Sandwiches'

    In feisty and folksy testimony Monday, the CEO and founder of Texas Roadhouse flatly denied allegations that the company he built had engaged in systematic age discrimination, calling the government’s allegations false and its questions “lawyer sandwiches.”

  • January 23, 2017

    Real Estate Rumors: Lexin, Vincent Young, Magna

    Lexin Capital has reportedly dropped $155 million on a Midtown Manhattan office and retail building, Vincent Young is said to have paid $23.5 million for a New York rental building, and Magna Hospitality has reportedly sold a Chicago Hilton Garden Inn for $57.3 million.

  • January 23, 2017

    Trump, GOP Differences Could Impede Tax Reform Timeline

    The House Republicans have tax reform high on their agenda, but their desire to pass legislation before the end of the summer could be significantly impeded if President Donald Trump doesn’t agree with their approach for taxing imports and raising approximately $1.2 trillion.

  • January 23, 2017

    Performance Sports To Sell Soccer Uniform Line For $1.6M

    Performance Sports Group Ltd. told the Delaware bankruptcy court on Friday that it plans to sell its struggling soccer uniform business line to one of its original owners for nearly $1.6 million, which the sports equipment maker believes will be better than what a liquidation would have yielded. 

  • January 20, 2017

    Jimmy Choo To Pay $2.5M To Settle Receipt Data Privacy Row

    Luxury shoe brand Jimmy Choo has agreed to fork over $2.5 million to settle a proposed class action accusing it of putting consumers at risk of identity theft by printing sensitive data on credit card receipts, according to documents filed in Florida federal court Friday.

  • January 20, 2017

    Costco Secures Workers' Class Decertification At 9th Circ.

    A class of workers in a long-running labor law violation case against Costco Wholesale Corp. was rightfully decertified because their circumstances around any allegedly unpaid work varied too much to be litigated together, a Ninth Circuit panel said on Friday.

  • January 20, 2017

    Canada Sues HarperCollins, Settles With Others On E-Books

    Canada’s Competition Bureau announced Friday that it has reached settlements with Apple, Hachette, Macmillan and Simon & Schuster ending its price-fixing allegations and allowing Canadian retailers to offer discounts on e-books by those publishers, but is taking HarperCollins to court over its alleged price-fixing.

  • January 20, 2017

    Home Depot Escapes Whirlpool Energy Star Label Row

    A New York federal judge on Thursday freed Home Depot from a lawsuit attempting to hold the company liable, as Whirlpool's agent, for selling washing machines that Whirlpool allegedly falsely labeled as energy-efficient, ultimately ruling any breach of warranty claims are not Home Depot’s fight.

Expert Analysis

  • How Michael Jordan Won TM Case In China Without TM Rights

    Amy Hsiao

    A ruling last month by China's highest court may be only a partial victory for Michael Jordan and Nike, but it is a great step forward for China’s trademark system. Eight messages from the decision are comforting and reassuring, say Amy Hsiao of Finnegan Henderson Farabow Garrett & Dunner LLP and Christopher Shen of NTD Patent & Trademark Agency Ltd.

  • Cybersecurity And The Economic Loss Doctrine

    Alexis Kellert

    The Eleventh Circuit's holding earlier this month in Silverpop Systems v. Leading Market Technologies helps clarify the type of evidence a party must offer to prove that a duty existed in the context of a cybersecurity breach. It also shows how the economic loss doctrine can provide a shield against tort actions brought over cyberattacks, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • What 2016 Taught Us About Marketing And Advertising Law

    Charulata B. Pagar

    2016 was a busy year for litigation and regulation in the areas of marketing and advertising, impacting a wide variety of industries. Charulata Pagar of VLP Law Group LLP reviews some of the important highlights from the past year and discusses what to expect in 2017.

  • More And More States Are Targeting Payroll Debit Cards

    Caroline J. Berdzik

    It has become increasingly prevalent for employers to pay their employees with payroll debit cards due to the benefits to both employers and employees. However, despite these mutual benefits, many states have enacted legislation that may potentially curtail the use of these cards to pay wages, says Caroline Berdzik of Goldberg Segalla LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Clarifying EEOC’s Obligation For Presuit Conciliation

    Gerald Maatman Jr.

    In U.S. Equal Employment Opportunity Commission v. Bass Pro Outdoor World, a Texas federal court denied the EEOC’s motion for a ruling that would allow it to include discrimination claims in its lawsuit for individuals who had not yet applied to work for Bass Pro. The decision is a positive signal that at least some courts may be unwilling to allow the EEOC to add claimants with whom it never conciliated, say attorneys at Seyfarth Shaw LLP.

  • A Federal Crackdown On Tax Zapper Software

    Matthew Lee

    Revenue suppression or “tax zapper” programs delete some or all of a restaurant’s cash transactions and then reconcile the books of the business, lowering the firm's tax bill. States have battled zappers for years, but the case of United States v. John Yin, filed last month in the Western District of Washington, shows federal authorities are now joining the fight, says Matthew Lee of Fox Rothschild LLP.

  • Not What I Signed Up For: California’s New Autograph Law

    Daniel Fong

    A new California law requires a certificate of authenticity for all autographed items sold by dealers for over $5. Assemblywoman Ling Ling Chang addressed concerns over potential overreach by clarifying that the law was not meant to affect the autographed book and art market. However, courts are not bound to give any credence to those statements, say Daniel Fong and Robert Darwell of Sheppard Mullin Richter & Hampton LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Art Market Tax Probes Make Domestic Freeports Appealing

    Desiree Moore

    As home to high art auction prices and hefty sales and use taxes, New York City has seen its share of art-related tax fraud. Now, as law enforcement scrutinizes tax compliance in the art world, collectors may wish to avoid New York sales taxes legally, by shipping their purchases to a domestic freeport, say Desiree Moore and Blaise Niosi of K&L Gates LLP.