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Retail & E-Commerce

  • May 24, 2018

    Asbestos In J&J Talc Killed 30-Year-Old Atty, Jury Told

    Counsel for the husband of an attorney who died at age 30 from mesothelioma told a South Carolina jury during closing arguments Thursday that asbestos in Johnson & Johnson's baby powder, sold at Rite Aid, caused the disease, while J&J responded that the woman had a rare type of mesothelioma not associated with asbestos.

  • May 24, 2018

    Deals Rumor Mill: Binladin, Varsity Brands, Eddie Bauer

    Saudi Binladin Group is set to undergo restructuring after the Saudi government moved to seize control of the company, the company behind yearbook, class ring and cheerleading uniform makers is eyeing a more than $2.5 billion sale, and retailers Pacific Sunwear and Eddie Bauer are considering a merger.

  • May 24, 2018

    Costco Worker's Group PAGA Claim Survives In Federal Court

    A Costco employee can bring in federal court her Private Attorneys General Act claim as a representative of others in her suit alleging the wholesaler flouted state labor law by not providing seating to greeters, a California federal judge ruled, finding that PAGA’s qui tam aspects provided standing.

  • May 24, 2018

    Empire State Building's Website Isn't Accessible, Suit Says

    The operator of the Empire State Building Observatory was slapped with a proposed class action in New York federal court Wednesday alleging that its website isn’t accessible to visually impaired and blind individuals and violates the Americans with Disabilities Act and state law.

  • May 24, 2018

    Westfield Shareholders Bless $15.7B Unibail-Rodamco Deal

    Westfield Corp. shareholders have signed off on the shopping center owner-operator’s proposed $15.7 billion takeover by Unibail-Rodamco SE, according to a Thursday announcement by the French real estate investment firm.

  • May 24, 2018

    Weil, Sidley Steer Kroger’s Up To $700M Home Chef Merger

    Grocery store chain The Kroger Co. has agreed to merge with Chicago-based meal kit company Home Chef in an up to $700 million deal steered by Weil Gotshal & Manges LLP and Sidley Austin LLP, respectively, the companies said Wednesday.

  • May 23, 2018

    Clothing Supplier Seeks Coverage For Walmart's $5M IP Feud

    A Walmart clothing supplier on Tuesday urged a California federal court to force its insurer to pony up more than $5.2 million in costs stemming from a trademark dispute in which Walmart was involved, saying the "advertising injury" portion of its policy extends to Walmart's advertising of merchandise it supplied.

  • May 23, 2018

    WTO Boss Sees Sector-Specific Trade Talks Picking Up Steam

    World Trade Organization director-general Roberto Azevedo said Monday that he has seen "real momentum" in the WTO's efforts to craft new rules on e-commerce and commercial fishing following its pivot from large-scale trade talks to sector-specific consultations.

  • May 23, 2018

    $20M Verdict Holds Software Co. Liable For Botched Project

    A software consulting firm committed professional negligence to the tune of more than $20 million when it botched a project for the online vehicle auction business Copart Inc., a California federal jury concluded in what Copart attorneys believe was the first such finding against a software implementation company.

  • May 23, 2018

    Piggly Wiggly Settles Proposed ERISA Class Action For $8M

    The soon-to-be-defunct grocery store chain Piggly Wiggly Carolina Company Inc. reached a roughly $8 million settlement in an Employee Retirement Income Security Act suit in South Carolina federal court on Tuesday with workers who say they lost their retirement savings linked to company stock while management allegedly sat back and watched the business fail.

  • May 23, 2018

    LL Bean Says Proposed Slipper Class Action Doesn't Fit

    L.L. Bean Inc. on Wednesday asked a Massachusetts federal judge to toss a putative class action, arguing the Bay State resident who says the clothing giant breached its satisfaction guarantee policy is simply looking to replace an old pair of slippers for free.

  • May 23, 2018

    RI High Court Revives Slip-And-Fall Suit Against PriceRite

    The Rhode Island Supreme Court has revived a negligence claim leveled against PriceRite in a slip-and-fall suit, finding that there was plenty of evidence for a jury to weigh and that the judge overstepped his bounds in how he evaluated the case before dismissing the claim.

  • May 23, 2018

    Google Accuses Online Ordering Co. Of Hijacking Biz Pages

    Google has accused an online ordering service in California federal court of disguising itself as a Google affiliate to trick restaurant owners into giving up control of their business profiles on the search engine, infringing the tech giant’s trademark in the process.

  • May 23, 2018

    Cherokees Slam Drug Cos.' Bid To Pause Opioid Suit

    The Cherokee Nation on Tuesday urged an Oklahoma federal judge not to pause the tribe's suit against drug distributors and retail pharmacies for their alleged role in the opioid epidemic, asking him instead to rule soon on whether the case should be sent back to state court.

  • May 22, 2018

    No Asbestos In J&J Talc Mines, SC Mesothelioma Jury Hears

    Johnson & Johnson’s talc mines in Vermont have been shown to be asbestos-free, a mineralogy and geology expert hired by the company told a South Carolina jury on Tuesday hearing the case of an attorney who died at age 30 from mesothelioma allegedly caused by her use of J&J baby powder sold by Rite Aid.

  • May 22, 2018

    UPS Loses Challenge Of Postal Shipping Costs Rule

    UPS can’t unwind new federal rules on consumer shipping costs after the D.C. Circuit found Tuesday that the Postal Regulatory Commission hadn’t overstepped its bounds in excluding some of the U.S. Postal Service’s costs from its math.

  • May 22, 2018

    Amazon Touts Face-Recognition Tool To Gov't, ACLU Says

    Amazon has been encouraging local law enforcement in Oregon and Florida to incorporate its facial recognition technology, the American Civil Liberties Union said Tuesday, pointing to documents obtained by the group that it says raise concerns about the tool being abused to conduct surveillance on vulnerable populations.

  • May 22, 2018

    Orrick Nabs Weil Partner To Co-Lead IP Practice

    Orrick Herrington & Sutcliffe LLP has hired the former co-chair of Weil Gotshal & Manges LLP’s patent litigation practice to co-lead Orrick’s global intellectual property practice, after he's represented major technology companies like Oracle Corp., eBay Inc. and Micron Technology in high-profile patent disputes, Orrick said Tuesday.

  • May 22, 2018

    City's Paper Bag Fee Not A Tax, Colo. High Court Says

    The Colorado Supreme Court has ruled a city’s charge on paper bags is not a tax, meaning the city can enact it without seeking voter approval otherwise required for new taxes under the state taxpayers’ bill of rights.

  • May 22, 2018

    Ohio Justices Say Lowe’s $8.8M Appraisal Needs Redoing

    The Ohio Supreme Court on Tuesday vacated a state Board of Tax Appeals decision that affirmed a county appraiser’s $8.8 million valuation of a Lowe’s Inc. property, saying the board must re-evaluate the appraiser’s report using newly established case law.

Expert Analysis

  • Why 9th Circ. Revisited Its Decision On 'Flushable' Wipes

    Lucia Roibal

    Earlier this month, the Ninth Circuit amended its 2017 decision in Davidson v. Kimberly-Clark Corp., and made it clear that a plaintiff who has learned the truth about an allegedly false advertisement only has standing if she intends to purchase the product again in the future, says Lucia Roibal of Morrison & Foerster LLP.

  • Spotlight On EU's Bold New Digital Economy Tax Ideas

    Stefanie Hardy

    As the Organization for Economic Cooperation and Development attempts to craft a new digital services tax, two major concerns are the impact of the tax on U.S. companies operating within the European Union, which are estimated to make up approximately half the companies that would be hit by the tax, and the deterrence of high-tech investment in the EU, says Stefanie Hardy of Nauta Dutilh.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • FDA Notices Show Agency Is All In On Tobacco Regulation

    Paul Cicelski

    In March, the U.S. Food and Drug Administration issued three advanced notices of proposed rulemaking on tobacco, nicotine, flavors in tobacco products and premium cigars. Advertisers and manufacturers of tobacco products seeking to help the FDA craft better, more representative rules must provide comments to the agency by mid-June, says Paul Cicelski of Lerman Senter PLLC.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • A Clearer Forecast On Cloud Computing Tax In Illinois

    Samantha Breslow

    Determining whether computer software is taxable is no easy task, especially in light of the changing technological landscape. However, in several nonbinding letters, the Illinois Department of Revenue has recently provided clarification on several key issues, including the taxability of cloud computing, says Samantha Breslow of Horwood Marcus & Berk Chtd.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • A Pre-Conference Guide To Early Seattle TM Cases: Part 2

    David Kluft

    As many attorneys head to Seattle this week for meetings of the International Trademark Association and the American Intellectual Property Law Association, David Kluft of Foley Hoag LLP explores the city's history through trademark disputes from the early 20th century.

  • A Pre-Conference Guide To Early Seattle TM Cases: Part 1

    David Kluft

    As many attorneys head to Seattle for meetings of the International Trademark Association and the American Intellectual Property Law Association, let's explore the city's history through trademark disputes from the early 20th century, says David Kluft of Foley Hoag LLP.