Retail & E-Commerce

  • March 22, 2017

    Trader Joe's Wants Tuna Class Suit Canned

    Grocery store chain Trader Joe’s Co. urged a California federal judge Tuesday to dismiss a proposed consumer class action accusing it of underfilling tuna cans, arguing that the consumers’ stated claims are overshadowed by the U.S. Food and Drug Administration’s standard for what a “reasonable consumer” understands about food labeling.

  • March 22, 2017

    Eastern Outfitters Plans To Pivot To Private Ch. 11 Sale

    Eastern Outfitters LLC on Wednesday told the Delaware bankruptcy court that it plans to pivot from an auction to a private sale as part of a deal with unsecured creditors that would resolve myriad issues over the outdoor sporting goods retailer’s sale plans and post-petition financing.

  • March 22, 2017

    EBay Escapes Sting Of Bee Trap Infringement Claims

    An inventor who sells his traps for carpenter bees on eBay.com may not hold the online auction site responsible for selling products that allegedly infringed his designs, an Alabama federal court ruled on Monday.

  • March 22, 2017

    Ex-Pot Dispenser Exec Pays SEC $12M Over Fraudulent Sales

    The former founder of medical marijuana dispenser Medbox Inc. agreed to pay $12.3 million to end the U.S. Securities and Exchange Commission’s allegations that he used sham transactions with a shell company run by his fiancée to fraudulently inflate Medbox’s revenues, according to a deal filed in California federal court Tuesday.

  • March 22, 2017

    Lush Beats Suit Alleging Website Terms Shirk NJ Law

    A New Jersey federal judge tossed a proposed class action alleging the terms of cosmetics company Lush’s website violate state law by trying to skirt duties owed to consumers, holding Wednesday that the act doesn't cover the shopper leading the suit because she didn’t read the conditions and hasn’t shown they harmed her.

  • March 22, 2017

    Real Estate Rumors: Goldman, L3 Capital, Medallion

    Goldman Sachs and Wells Fargo have reportedly loaned $150 million for a Midtown Manhattan property, L3 Capital is said to have bought a Chicago retail building from Thor Equities for $10.2 million, and Medallion Corp. has reportedly bought a Bronx rental building for $38 million.

  • March 22, 2017

    Deals Rumor Mill: Deutsche Boerse, Souq, Generali

    The European Commission will block the proposed $30 billion merger of Deutsche Boerse and the London Stock Exchange, Amazon.com has agreed to buy United Arab Emirates-based online retailer and marketplace Souq.com, and Italian insurance giant Generali intends to sell its businesses in Colombia, Ecuador and Panama.

  • March 22, 2017

    Sears Cautions On 'Going Concern' Woes

    Sears Holdings outlined on Tuesday its potential difficulty in continuing to operate as a “going concern,” noting that there can be no promise that the series of transactions and financings undertaken in recent years will be enough to overcome continued operating losses.

  • March 22, 2017

    DC Circ. Panel Sends Dues-Checkoff Case Back To NLRB

    A D.C. Circuit panel majority on Tuesday sent back to the National Labor Relations Board its decision rejecting a challenge from grocery store employees to the deduction of union dues from their wages, saying if the board wants the same outcome on remand it has to explain how it could be squared with its own precedent.

  • March 22, 2017

    Importers Revive Push For Duty-Free Travel Goods

    A coalition of apparel and retail organizations has asked the Trump administration to expand tariff cuts on luggage, handbags and other travel items under the Generalized System of Preferences, arguing that the duty relief in place now is not enough to yield benefits for U.S. importers.

  • March 22, 2017

    Plaintiffs Bar Perspective: Beasley Allen's Dee Miles

    Our civil justice system corrects civil wrongs with a measure of monetary compensation, and often times monetary punishment damages, but this is not the driving force behind a typical plaintiffs attorney. It’s the cause that drives the plaintiffs bar, says Dee Miles of Beasley Allen Crow Methvin Portis & Miles PC.

  • March 22, 2017

    Antitrust Enforcers Could Be Stymied By Computer Cartels

    Software that could allow companies to gain an unfair advantage over rivals is growing ever more advanced, and competition regulators scrambling to equip themselves to address antitrust schemes cooked up by computers may eventually find their existing enforcement methods inadequate, experts say.

  • March 22, 2017

    High Court Says Cheerleader Uniform Copyrightable

    The U.S. Supreme Court ruled Wednesday that decorative elements of a cheerleading uniform could be protected by copyright law, a ruling it said was aimed at resolving “widespread disagreement” on when such designs are eligible for protection.

  • March 21, 2017

    CVS Customers Denied Cert. In Generic Pricing Suit

    Consumers accusing CVS Pharmacy Inc. of overcharging them for generic medications lost a bid for class certification on Tuesday when a California federal judge said there were too many individual factors pertaining to pharmacy benefit managers, though she left room for an amended request.

  • March 21, 2017

    Eastern Outfitters Creditors Slam DIP, Bidding Procedures

    Unsecured creditors of bankrupt Eastern Outfitters LLC on Monday objected to company sale plans, arrangements for bankruptcy borrowing and agreements with a bid-to-beat “stalking horse” buyer, terming all three unfair and risky.

  • March 21, 2017

    MasterCard, Visa Seek Transfer Of Chip Card Antitrust Suit

    Visa and MasterCard on Monday urged a California federal judge to shift an antitrust lawsuit against them by a group of merchants over to the Eastern District of New York, where they say multidistrict litigation accusing them of wrongly passing on card liabilities to retailers already exists.

  • March 21, 2017

    Wal-Mart Makes E-Commerce Play With New Tech Incubator

    Wal-Mart Stores Inc.’s top e-commerce chief on Monday said that the retailing giant has created a technology startup incubator in Silicon Valley called Store No. 8, as it amps up competition against online sales behemoth Amazon.com Inc. and other fast-growing e-commerce businesses.

  • March 21, 2017

    Rite Aid Can Fire Needlephobic Pharmacist, 2nd Circ. Says

    Rite Aid Corp. had the right to fire a pharmacist who is scared of needles when his job description changed to require him to perform vaccinations, as even under the Americans with Disabilities Act, employees are required to be able to perform the essential functions of their job, the Second Circuit said Tuesday.

  • March 21, 2017

    The Limited's Creditors Can Keep Info Secret

    A Delaware bankruptcy judge ruled Monday that unsecured creditors of Limited Stores Co. LLC do not have to share secret information to any creditor that is not an official committee member, to protect the value of the retailer’s estate during bankruptcy.

  • March 21, 2017

    Tribal Members Fight Sanctions Bid In Suit Over Cig Sales

    Native American tribe members blasted a bid for sanctions filed by Washington state employees they have sued in an attempt to block them from pursuing criminal cases for the illegal sale of cigarettes on Indian land, defending their proposed amended complaint as justified and calling the sanctions request an “unjustified attack.”

Expert Analysis

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • 4th Circ. Joint Employer Test Is Incredibly Broad

    Kurt G. Larkin

    The Fourth Circuit’s recent panel decision in Salinas v. Commercial Interiors, which creates an altogether new and incredibly broad joint employment standard under the Fair Labor Standards Act, makes the National Labor Relations Board’s Browning-Ferris joint employment standard seem temperate at best, say Kurt Larkin and Ryan Glasgow of Hunton & Williams LLP.

  • Something In The Water: Product Claims Get Creative

    Alexis Kellert

    Two plaintiffs recently filed a complaint in the Northern District of California against the Craft Brew Alliance, alleging the company engaged in deceptive advertising to mislead consumers into purchasing beer based on a perception that the products are brewed in Hawaii. The defense bar may have to increase its own creativity to fend off such lawsuits, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • $7B And Unclear Future For New Markets Tax Credits

    James Lang

    The New Markets Tax Credit program was recently awarded another $7 billion for community development entities to use in attracting private capital to projects in low-income areas. While the Trump administration has not yet weighed in on the program, it is noteworthy that the president himself has a history of using tax credits for development purposes, say James Lang and Justin Mayor of Greenberg Traurig LLP.

  • What Consumers Really Think About Reference Price Labels

    Joel Steckel

    Many retailers present a higher reference price, labeled with "compare at," "originally" or some other term, next to the actual selling price of an item. Now that this practice has become the subject of government scrutiny and numerous class actions, empirical research into how such reference prices are actually perceived by consumers is essential, say members of Analysis Group.

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • Employer Hope Amid Pending Wage And Hour Law Changes

    Daniel A. Krawiec

    While there is presently a sea of confusion and uncertainty swirling around U.S. Department of Labor overtime exemptions, employers can take solace in the fact that a recent decision from a Florida federal court demonstrates potential jurors are able to understand the proper use of exemptions and apply them fairly and to the benefit of employers accused of violating the Fair Labor Standards Act, says Daniel Krawiec of Hinshaw & Culbertson LLP.

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.