Retail & E-Commerce

  • December 15, 2017

    Aeropostale Files Ch. 11 Plan, Says Lenders Are On Board

    Bankrupt clothing retailer Aeropostale filed an amended restructuring plan Thursday, more than a year after it was sold to a group of commercial real estate owners and other companies, saying its lenders have agreed to its proposed wind-down and distribution arrangement.

  • December 15, 2017

    6th Circ. Asked To Ax Tesla Info Grab In Direct Sales Row

    Three Michigan auto dealers made moves Friday to get the Sixth Circuit to let them off the hook of having to give Tesla information about their lobbying efforts supporting a state ban on car manufacturers selling vehicles directly to consumers.

  • December 15, 2017

    Neiman Settles Price Compare Suit After 9th Circ. Revival

    Following the revival by the Ninth Circuit of a California woman’s putative class action against The Neiman Marcus Group LLC over allegedly misleading price tags at their Last Call line of stores, the parties have agreed to an undisclosed settlement, according to court documents.

  • December 15, 2017

    Amazon Pays Italy €100M To Settle Tax Claims

    The Italian revenue agency Agenzia delle Entrate said on Friday it reached an agreement with Amazon.com Inc., in which the online retailer will settle allegations that it avoided paying taxes in the country.

  • December 15, 2017

    Ann Taylor To Pay $6M To End False Discount Class Action

    A New York federal judge issued preliminary approval on Thursday of a $6.1 million settlement between Ann Taylor's parent company, Ann Inc., and a class of consumers who say the clothing retailer misrepresented discounts marked down from “phantom” prices that never existed at its factory and outlet stores.

  • December 15, 2017

    HP's $6.5M Defective Laptop Deal Held Up Near Finish Line

    A California judge on Friday held off on granting final approval to Hewlett-Packard Co.'s $6.5 million settlement resolving long-running class allegations that it sold laptop computers with defective screens, saying he wouldn't rule on its fairness until after the claims deadline to see if requests exceed available funds.

  • December 15, 2017

    Unions, Fashion Brand Settle Bangladesh Fire Safety Accord

    Two international labor unions said Friday they had reached a settlement in arbitration proceedings with an unnamed global fashion company that will ensure the Bangladeshi supplier factories used by the brand are brought up to the safety standards laid out under the country’s Accord on Fire and Building Safety.

  • December 15, 2017

    Final GOP Tax Bill Settles On 21% Corporate Rate

    Republicans unveiled the final version of their tax cut bill on Friday that would impose a 21 percent flat rate on corporations, set the maximum individual tax rate at 37 percent and largely adopt the Senate’s proposal for pass-through businesses.

  • December 15, 2017

    MVP: Sidley Austin's David Teitelbaum

    This year, Sidley Austin LLP's David Teitelbaum worked with Apple to bring Apple Pay to consumers and with PayPal to establish a credit service, playing a big role in the world of financial technology and earning a place as one ofLaw360's 2017 Retail and E-Commerce MVPs.

  • December 15, 2017

    Luxembourg To Appeal €250M Amazon Tax Recovery Order

    Luxembourg’s finance ministry said Friday that it had decided to appeal a state aid decision handed down by the European Union’s antitrust enforcer earlier this year that ordered the country to recover €250 million ($294 million) in corporate income taxes from Amazon.com Inc.

  • December 15, 2017

    Funko Dolls Can't Rock Out With Tiny Les Pauls, Gibson Says

    Gibson Brands Inc. sued Funko on Thursday in California federal court, arguing that it owns the trademark for the Les Paul guitar, including the use of its likeness in toys, and that the pop culture toy company didn't seek permission for its wildly popular vinyl figures to hold Gibson-design guitars.

  • December 15, 2017

    Taxation With Representation: Skadden, Cravath, Shearman

    In this week’s Taxation With Representation, Disney shelled out $52.4 billion for 21st Century Fox’s film and television studios, Unibail snapped up Westfield for $15.7 billion, and Corning bought most of 3M’s communication markets business for $900 million.

  • December 14, 2017

    Jury Sides With Fla. Car Wash Cos. In Worker's Wage Suit

    Two affiliated Florida car wash companies on Tuesday beat a Fair Labor Standards Act collective action when a Florida federal jury ruled that they had correctly used tips to supplement the hourly wages of the former employee who brought the suit.

  • December 14, 2017

    Retailers, Policy Orgs. Back Gov’t In AmEx High Court Fight

    A trove of retailers and public interest groups Thursday urged the U.S. Supreme Court to reverse a ruling that upheld the legality of American Express' anti-steering provisions, which they said spells disaster for consumers and competition law alike.

  • December 14, 2017

    DaVita Unit To Pay $64M To Resolve FCA, Kickback Claims

    The pharmacy unit of DaVita Inc. has agreed to pay $63.7 million to resolve False Claims Act allegations that it improperly billed and overcharged federal and state health care programs and violated the Anti-Kickback Statute by providing financial inducements to patients, the U.S. Department of Justice announced Thursday.

  • December 14, 2017

    CVS Must Turn Over More Info In Seating Suit, Judge Says

    A California magistrate judge threatened CVS Pharmacy Inc. on Wednesday with "significant sanctions" if it fails to supply more information to a former employee suing the retailer over alleged violations of the state’s suitable seating requirements.

  • December 14, 2017

    Deals Rumor Mill: Snyder's-Lance, EssilorLuxottica, YPF

    Snack giant Snyder's-Lance is mulling a sale after having been approached by Campbell Soup about a potential takeover, a merger creating a $49 billion eyewear giant is expected to be approved by the European Commission, and Argentine energy giant YPF is selling stakes in its electricity generation business.

  • December 14, 2017

    MVP: Sheppard Mullin's Craig Cardon

    Sheppard Mullin Richter & Hampton LLP’s Craig Cardon nabbed big victories for major retailers like Nordstrom and Columbia Sportswear in recent months, landing among Law360’s Retail MVPs for the third year running by securing game-changing decisions in pricing and false-advertising class actions while helping his clients navigate looming regulatory concerns.

  • December 14, 2017

    Avon Faces EU High Court Setback In £14M VAT Refund Case

    The European Union’s top court on Thursday dealt a blow to Avon in its £14 million ($18.7 million) refund suit against the U.K. over alleged value added tax overpayments, rejecting the cosmetic company’s argument that the government’s system treats it unfairly based on its business practices.

  • December 14, 2017

    Supply Chain Co. Sells Vertical Product Trio For $1.1B

    A Hong Kong supply chain company on Thursday said it has inked a $1.1 billion deal to sell its furniture, sweaters and beauty businesses to its privately held affiliate the Fung Group and Chinese private equity firm Hony Capital.

Expert Analysis

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, and stating my biases upfront, it is possible for me to look analytically at the Bartlit Beck fee model and make some observations on the pros and cons of one version of alternative fees, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Voice In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three jury system improvements that will give jurors an active voice and role in our civil and criminal jury trials.

  • Series

    40 Years Of FCPA: An Update From The DOJ

    Daniel Kahn

    U.S. Department of Justice prosecutors and law enforcement partners have secured more foreign bribery-related trial convictions and guilty pleas this year than in any other year in the history of the Foreign Corrupt Practices Act, in fact by almost twice as much. These are all significant cases with significant impacts, says Daniel Kahn, chief of the DOJ's FCPA Unit.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • Series

    40 Years Of FCPA: Compliance, Past And Future

    Hui Chen

    More than any other statute, the Foreign Corrupt Practices Act has fueled the growth of the compliance industry. While the expansion of corporate compliance is a positive development, the fear-driven and FCPA-centric approach has also produced unfortunate consequences, says ethics consultant Hui Chen, who served as the U.S. Department of Justice's first-ever compliance counsel.

  • Series

    40 Years Of FCPA: Cross-Border Efforts And Growing Risk

    Patrick Stokes

    The U.S. agencies’ increasing coordination with their foreign partners has led to more potent Foreign Corrupt Practices Act investigations — in terms of both their scope and settlement cost, say Patrick Stokes, former chief of the FCPA Unit at the U.S. Department of Justice, and Zachariah Lloyd of Gibson Dunn & Crutcher LLP.

  • What To Make Of CVS-Aetna And Other Megadeals

    Randy Gordon

    Under one view, large-scale mergers like the one proposed between CVS and Aetna are fine so long as they don’t restrict consumer choices and stifle innovation. But from another view, “bigness” can be an evil in its own right, says Randy Gordon of Crowe & Dunlevy PC.

  • FDA Menu Labeling Guidance: Latest Step On A Long Road

    Arthur DeCelle.jpg

    Nutrition labeling on chain restaurant menus and vending machines, mandated by the Affordable Care Act, advanced last month with the U.S. Food and Drug Administration's publication of draft guidance on the controversial topic. The FDA continues work toward implementing the law, but each step seems to uncover novel issues, says Arthur DeCelle of McDermott Will & Emery LLP.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.