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Retail & E-Commerce

  • January 22, 2019

    Rakoff Tosses Suit Against L'Oreal, Cites Risk Of 'Ambush'

    U.S. District Judge Jed Rakoff on Tuesday dismissed a class action accusing L'Oreal of deceptively marketing a black women’s hair relaxer as scalp-protecting but that instead caused burns and hair loss, blasting a tardy damages report as inadequate and "trial by ambush."

  • January 22, 2019

    EU Antitrust Chief Says Amazon Now Under The Microscope

    The European Union's top competition enforcer has said the bloc will not stop at the multibillion-euro fines Google received to prevent online platforms from favoring their own products over the competition, saying that Amazon's position as a "player and referee" would also face scrutiny.

  • January 22, 2019

    Startup Humu Defends Name After Hulu Threatens TM Suit

    A human resources startup called Humu, founded by a trio of former Google executives, filed a preemptive lawsuit in California federal court Friday after streaming giant Hulu threatened the company with trademark litigation.

  • January 22, 2019

    HFF Inks $171.5M Refinancing For Ohio Mixed-Use Project

    Holliday Fenoglio Fowler LP on Tuesday said it helped secure $171.5 million in refinancing from real estate investment firm Square Mile Capital Management LLC for a mixed-use project that comprises roughly 750,000 square feet of retail, residential and office space in a suburb of Cleveland.

  • January 22, 2019

    South African Ticketing Giant Hit With $1.4M Antitrust Fine

    South Africa's Competition Tribunal has hit the country's largest ticket retailer with a 20 million rand ($1.44 million) fine for abuse of dominance, a penalty the company said it intended to challenge.

  • January 22, 2019

    Google Ducks German, Austrian Antitrust Ad Blocker Probe

    Google and several other companies have escaped an investigation launched by German and Austrian competition authorities by rehauling agreements made with Eyeo GmbH that regulators had argued were restricting the online ad blocking service's business.

  • January 22, 2019

    Arbitration Called For In $3.5M Contract Row, 1st Circ. Told

    IDL Worldwide Inc. told the First Circuit on Tuesday that a federal judge was wrong to allow a jury to decide against arbitrating a $3.5 million contract dispute with a Rhode Island-based company, arguing that a clearly spelled-out agreement mandated the fight be sent to arbitration.

  • January 22, 2019

    Activist Elliott Floats EBay Asset Sales, New Path Forward

    Activist investor and eBay Inc. shareholder Elliott Management Corp. laid out a plan Tuesday to increase value for the global online marketplace, suggesting the company would be better served by shedding assets such as StubHub Inc. and focusing its resources and energy on the platform that originally put it on the map.

  • January 22, 2019

    15 Minutes With Planet Fitness' General Counsel

    To Planet Fitness World Headquarters General Counsel Justin Vartanian, the biggest challenge for his industry is to motivate others to incorporate fitness into their lives. Here, he explains the benefits lawyers can gain from healthy lifestyles as the legal industry strives to reduce stigmas that surround mental health, and offers advice on how to stick to wellness-related resolutions amid demanding workloads.

  • January 18, 2019

    Arent Fox Nabs Ex-CFPB Enforcement Pro In San Francisco

    A former Consumer Financial Protection Bureau enforcement attorney and go-to expert for financial services litigation has joined Arent Fox LLP's complex litigation practice as a partner at the firm's San Francisco office, the firm said.

  • January 18, 2019

    Costco Can’t Toss Non-Calif. Plaintiffs In Hep. A Berry Suit

    A California federal judge has denied Costco Wholesale Co. Inc.'s bid to dismiss non-California plaintiffs from a class action over a frozen berry mix that allegedly started a hepatitis A outbreak, saying the company can't raise that defense after several years participating in the suit.

  • January 18, 2019

    Red Bull Moves To Halt NJ Gas Station's Foreign Drink Sales

    The makers of Red Bull energy drink on Friday slapped a New Jersey Lukoil gas station with a trademark infringement suit accusing it of selling a version of the drink that’s only authorized for sale outside of the U.S. and thus subject to different quality-control standards.

  • January 18, 2019

    Behind The Scenes, #TimesUp Fund Gets To Work

    The TimesUp Legal Defense Fund, born of a social media hashtag, has grown to $24 million and is so far funding sexual harassment litigation, defamation defense, and public relations on behalf of dozens of women. But most of its work is taking place behind the scenes.

  • January 18, 2019

    Samuels Jewelers Consignor Asks For Inventory Protections

    A consignor that provides inventory to bankrupt retailer Samuels Jewelers Inc. objected Friday to the debtor's proposed asset sale plan, saying its consigned goods would be included in the sale despite the debtor not owning that inventory.

  • January 18, 2019

    Sears OKs $5.2B ESL Bid, Preps For Feb. 4 Sale Hearing

    Sears Holding Corp. on Friday told a New York bankruptcy court that it had accepted a $5.2 billion bid from a hedge fund owned by former Sears CEO Edward Lampert, putting the bankruptcy case on course for a contested sale hearing at the beginning of February.

  • January 18, 2019

    Real Estate Rumors: Lennar, Baptist Health, Bridge

    Lennar has reportedly paid $17 million for a Miami development site, Baptist Health South Florida is said to have bought a former Toys R Us store for $15.8 million, and Bridge Development Partners has reportedly dropped $68 million on a Los Angeles warehouse complex.

  • January 18, 2019

    Limited's Ch. 11 Trustee Sues Sun Capital Over $42M Transfer

    The trustee for The Limited Stores Co. LLC’s Chapter 11 has sued companies owned by private equity firm Sun Capital Partners Inc., saying the companies took $42 million from the struggling women’s clothing retailer and sent it into bankruptcy.

  • January 18, 2019

    8th Circ. Finds Cracks In Appeal Of Attys' Fees In Safelite Spat

    The Eighth Circuit said on Thursday that lawyers for Minnesota auto glass vendor Safelite deserved the nearly $1 million in attorneys' fees and costs awarded by a district court in the company's suit against the state's former commissioner of commerce over an alleged smear campaign intended to run it out of business.

  • January 18, 2019

    Beauty Brands Gets More Time To Review Ch. 11 Sale Offer

    Bankrupt cosmetics retailer Beauty Brands LLC on Friday received more time to review an offer to acquire 23 of its stores and continue operating them as a going concern as an alternative to a proposed stalking horse bid in its Chapter 11 that calls for a chainwide liquidation.

  • January 18, 2019

    Midwest Retailer Shopko Gets Quick OK For $480M DIP Loan

    Midwestern big box retailer Specialty Retail Shops Holding Corp., better known as Shopko, was authorized Friday to tap a $480 million debtor-in-possession loan by a Nebraska bankruptcy court as it forges ahead in an uncertain restructuring process that could lead to a reorganization, sale or liquidation.

Expert Analysis

  • Opinion

    Courts Are Getting It Right On Litigation Funding Discovery

    Matthew Harrison

    Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.

  • Being Strategic About Chapter 11 Communications

    Eden Gillott

    In Chapter 11 cases, such as the pending Sears bankruptcy and the soon-to-be filed Pacific Gas and Electric bankruptcy, it’s critical to ensure that the communications strategy is aligned with the legal strategy, says Eden Gillott of Gillott Communications.

  • International Law In 2018: Key Developments

    Viren Mascarenhas

    2018 was full of important developments in international law, including a new North American trade treaty, significant litigation at the International Court of Justice, and rulings by various bodies related to environmental, human rights and criminal law, say Viren Mascarenhas and Douglass Cassel of King & Spalding LLP.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • Sears’ Biggest Sale (Itself) Offers Valuable Lessons For Retail

    Robert Marticello

    Although a deal announced Wednesday could keep open more than half the department stores that retail dinosaur Sears Roebuck and Company had when it filed for bankruptcy protection last October, Sears remains a cautionary tale for the retail industry, say Robert Marticello and Philip Strok of Smiley Wang-Ekvall LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • 21st Amendment Vs. Commerce Clause At The High Court

    Alva Mather

    On Wednesday, the U.S. Supreme Court hears argument in Byrd v. Tennessee Wine and Spirits Retailers Association, highlighting the conflict between states’ rights to regulate alcohol under the 21st Amendment and the restrictions in the U.S. Constitution's commerce clause on states’ power to regulate interstate commerce, says Alva Mather of DLA Piper LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Handling Corporate Congressional Probes In The Trump Era

    John Hellerman

    President Donald Trump’s approach to crisis communications has changed the game enough to demand companies' consideration of a whole new set of options. John Hellerman of Hellerman Communications and Bill Pittard of KaiserDillon PLLC discuss whether corporations can successfully use similar tactics.