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Retail & E-Commerce

  • September 19, 2018

    Newegg Wants Out Of Korean Bank Fraud Case

    Online computer retailer Newegg Inc. sought release from a fraud suit alleging the company helped procure $3 billion in loans from four South Korean banks, arguing in California federal court Wednesday that it is not directly liable for any alleged fraudulent activity.

  • September 19, 2018

    Glassdoor Fights Order To Hand Over Reviewers' Identities

    Counsel for Glassdoor Inc. told the Texas Supreme Court in oral arguments Wednesday that a state free speech law should defeat a trial court's order that the company hand over the identities of two individuals who posted anonymous negative reviews of an online lingerie retailer.

  • September 19, 2018

    Amazon Accused Of Infringing Patented 'Twisty' Pipe

    The maker of a corkscrew pipe popularly used to smoke marijuana has accused Amazon in Massachusetts federal court of infringing a patent on the glass blunt known as Twisty by enabling third-party merchants to sell knockoff versions on the world's most popular retail website.

  • September 19, 2018

    EU Probes Amazon’s Use Of Small Merchant Data

    European regulators have launched an investigation into whether Amazon.com Inc. uses data netted from small merchants on the retailer's vast online platform to its own advantage, the EU’s competition commissioner said Wednesday.

  • September 19, 2018

    Hong Kong's Spring REIT Buying China Mall For $241M

    Spring Real Estate Investment Trust has reached a deal to buy a shopping mall in China's Guangdong Province for about 1.65 billion Chinese yuan ($240.92 million), according to an announcement from the Hong Kong-based REIT on Wednesday.

  • September 19, 2018

    Under Armour Ducks Investors' Stock Price Manipulation Suit

    A Maryland federal judge on Wednesday dismissed all claims against Under Armour and its underwriters in a consolidated action alleging the sports apparel company deliberately misled investors to inflate its stock price, ruling that a pension fund's claims under the Securities Act were time-barred and that another fund failed to state claims under the Exchange Act.

  • September 19, 2018

    Nev. Amazon Workers Can Seek Security Check Pay: 6th Circ.

    Amazon warehouse workers in Nevada can pursue state-law class action claims that they weren't properly paid for time spent in security screenings when leaving the job site, but workers in Arizona cannot, the Sixth Circuit ruled Wednesday.

  • September 19, 2018

    MGM Resorts To Lease Hard Rock Site, Buy Assets For $275M

    MGM Resorts International is buying the operating assets of a Hard Rock property in the Cleveland metro area from MGM Growth Properties LLC for roughly $275 million and will lease the property from MGM Growth, the companies announced Wednesday.

  • September 19, 2018

    UK Watchdog To Probe Proposed £7.3B Sainsbury Merger

    The U.K.'s competition watchdog said Wednesday it has referred Sainsbury's planned purchase of Walmart Inc.'s U.K. subsidiary valued at £7.3 billion ($9.36 billion) to a phase 2 investigation, saying the deal raises enough concerns to warrant an in-depth review.

  • September 18, 2018

    VC-Backed Eventbrite Raises IPO Funding Target To $230M

    Venture-backed online ticketing platform Eventbrite Inc. on Tuesday raised the price range and fundraising target of its initial public offering to $230 million, possibly indicating demand for its impending IPO was better than expected.

  • September 18, 2018

    NCSL Slams Post-Wayfair Bill In Letter To Congress Leaders

    The National Conference of State Legislatures in a letter to congressional leaders Tuesday opposed a bill that would delay states’ implementation of remote sellers’ sales and use tax rules for large sellers, and put implementation on hold indefinitely for smaller sellers.

  • September 18, 2018

    Calif. AG Blasts Tribal Biz's Challenge To Tobacco Taxes

    California's attorney general urged a federal court to dismiss a business entity of the Big Sandy Rancheria Band of Western Mono Indians' challenge to certain state taxes linked to the sale of tobacco products, saying the tribal entity is not exempt from the taxes.

  • September 18, 2018

    Visa, Mastercard, Banks Ink New Deal In Swipe Fee Row

    Visa, Mastercard and several major banks will shell out up to another $900 million on top of $5.3 billion already paid to resolve a major chunk of an antitrust multidistrict litigation over card-swiping fees, in a New York federal court class action settlement with merchants announced on Tuesday.

  • September 18, 2018

    Beijing Tees Up New Duties After Trump's $200B Strike

    The mounting trade imbroglio between the U.S. and China continued to intensify Tuesday as Beijing plowed ahead with new duties on $60 billion in U.S. goods, a day after President Donald Trump whacked $200 billion worth of Chinese goods with tariffs of his own.

  • September 18, 2018

    Judge Urges Deal In Perfume Co.’s Bid For Jay-Z Calendars

    Nobody expected the Spanish Inquisition in a New York state courtroom, but it came up anyway on Tuesday in heated arguments between lawyers for Jay-Z and a company that made his signature fragrance and is accusing the hip-hop superstar of failing to promote the product.

  • September 18, 2018

    EU Lays Out Sweeping Vision For WTO Reform

    As the global trading system sags amid rising tensions between the U.S. and its partners, the European Union on Tuesday unveiled an informal proposal to reform the World Trade Organization by modernizing its rules, improving its oversight function and repairing its hobbled dispute settlement system.

  • September 17, 2018

    Judge Boots $1.6M Neiman Marcus Breach Deal And Class

    An Illinois federal judge Monday decertified a consumer class and declined final approval of its $1.6 million deal with Neiman Marcus Group LLC that would have ended an action over credit card data that was exposed in a 2013 breach, finding conflicts between class members.

  • September 17, 2018

    Claire's Strikes Deal With Oaktree Over Contested Ch. 11

    After several hours of negotiations, Claire's was able to avoid what was likely to be a highly contentious confirmation hearing for the accessory retailer's Chapter 11 restructuring plan after settling with second-lien creditors now set to recover millions more under the plan.

  • September 17, 2018

    Mass. To Enforce 'Cookie Nexus,' Revenue Dept. Says

    Massachusetts made it clear Monday that it will continue to enforce its “cookie nexus” regulation reaching back to October 2017, when the regulation was promulgated.

  • September 17, 2018

    Ulta Shoppers Say Risk Of Buying Used Makeup Justifies Suit

    A proposed class of Ulta Beauty Inc. customers told an Illinois federal judge to reject the makeup retailer’s bid to dismiss their claims the company sold used products, arguing in part that misleading customers about what they were buying is enough to establish standing.

Expert Analysis

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Trends In Hashtags As Trademarks

    Marc Misthal

    Can hashtags be “locked down” the way that clients want? And is trademarking them worth it? Recent cases and direction from the U.S. Patent and Trademark Office are starting to outline the registrability and enforceability of hashtag trademarks, says Marc Misthal of Gottlieb Rackman & Reisman PC.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Series

    Winner's Playbook: Behind The Scenes Of The AmEx Case

    Evan Chesler

    In June, the U.S. Supreme Court issued a pivotal antitrust decision in Ohio v. American Express. Three partners at Cravath Swaine & Moore LLP who represented AmEx explain how one of the most significant antitrust enforcement actions in recent history led to a landmark precedent for two-sided platforms.

  • Taiwan Digital Tax Law Leaves Open Questions For Corps.

    Michael Wong

    Taiwan introduced a number of significant income tax reforms this year, including becoming the first regime in the world to levy income tax on the cross-border digital economy. The most significant issue regarding this new tax on e-service suppliers is the substantial uncertainty as to its scope and applicable rates, say Michael Wong and Dennis Lee of Baker McKenzie.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • LED Bulb Case Shines Light On FTC Enforcement

    Terri Seligman

    Last month, the Federal Trade Commission announced it would be mailing almost half a million checks to consumers who previously purchased Lights of America LED lightbulbs. This enforcement action holds key lessons for companies and their counsel involved in formulating advertising claims, particularly technical claims about performance, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.

  • Confusion In Calif. Privacy Act’s Anti-Discrimination Rule

    Grant Davis-Denny

    A unique feature of the California Consumer Privacy Act is its provision that expressly prohibits businesses from discriminating against California residents for exercising their CCPA rights. It allows two exceptions, but both contain significant ambiguities, says Grant Davis-Denny of Munger Tolles & Olson LLP.