Retail & E-Commerce

  • April 21, 2017

    Retailer Bebe Will Shut All Stores To Avoid Bankruptcy

    Women’s clothing maker Bebe Stores Inc. is the latest in a string of mid-size apparel retailers to call it quits it recent months, announcing Friday it will close all of its 180 stores by next month amid talk of transitioning to online sales, in an effort to avoid bankruptcy.

  • April 21, 2017

    Taxation With Representation: Skadden, Cravath, Simpson

    In this week’s Taxation With Representation, Skadden guides a $6.1 billion deal in the health industry, Cravath heads two transactions each worth $600 million or more, and Simpson Thacher helps PetSmart purchase online pet food retailer Chewy.

  • April 21, 2017

    9th Circ. Won't Block Berkeley's Cellphone Warning Law

    The Ninth Circuit on Friday declined to halt enforcement of a Berkeley, California, ordinance that requires cellphone retailers to warn consumers about radiation risks, saying the law withstands First Amendment scrutiny since it’s related to a substantial government interest of protecting consumers’ health and safety.

  • April 21, 2017

    Wal-Mart Ordered To Pay $12M For Lifting Trade Secrets

    An Arkansas jury on Friday awarded digital agency Cuker Interactive LLC more than $12 million in trade secret damages from Wal-Mart Stores Inc. after it lodged counterclaims against the big-box retailer in a dispute arising from a contract for website development.

  • April 21, 2017

    BCBG Says Court Can Quickly Resolve Azria Contract Feud

    Bankrupt women's apparel company BCBG Max Azria Group Inc. Wednesday again pushed for a quick resolution of its contract dispute with founder Max Azria and his wife Lubov, once again arguing the company’s 2015 restructuring agreement and Lubov’s employment agreement are two separate contracts.

  • April 21, 2017

    In-Flux DOJ Looks To Extend Deadlines In AmEx, BMI Appeals

    Two of the U.S. Department of Justice's biggest pending antitrust appellate fights against AmEx and BMI are poised to remain on ice until summer, as the watchdog waits for its new leadership to get into place.

  • April 21, 2017

    Deals Rumor Mill: General Electric, L'Oreal, M1

    A number of companies are battling to buy GE's $3 billion industrial solutions business, the list of suitors vying for L'Oreal's Body Shop business has been whittled down and the three largest investors in Singaporean wireless operator M1 are considering a sale of their combined 61 percent stake.

  • April 21, 2017

    CrossFit Supplier Says Reseller Is Ripping Off Jump Rope

    A workout equipment manufacturer told a California federal court Thursday that a former reseller copies its designs for a jump rope endorsed by the popular exercise program CrossFit, demanding the reseller cease doing so and compensate the company for lost business.

  • April 21, 2017

    Ex-CEO To Pay $1.3M Over E-Commerce Investment Scheme

    The former CEO of a now-defunct e-commerce company must forfeit $1.3 million for his role in a fraudulent investment scheme that exaggerated the Tampa-based company’s value despite the business earning little, if any, money, according to an order in Florida federal court Thursday.

  • April 21, 2017

    Real Estate Rumors: Blackstone, RFR, Robbins Electra

    Part of Blackstone's recent $430 million deal was reportedly for a $103.6 million property in Palm Beach Gardens, Florida, RFR is said to have leased more space in New York to Tommy Hilfiger, and multifamily owner-operator Robbins Electra is reportedly buying an apartment complex in southwest Miami-Dade County.

  • April 20, 2017

    Calif. Judge Eyes Fall 2018 For Wal-Mart Cashier Trial

    A California federal judge told Wal-Mart Stores Inc. on Thursday that he’s planning a fall 2018 trial on allegations the retailer violated state law by failing to provide seats for cashiers, adding momentum to the case in the wake of a Ninth Circuit decision affirming class certification.

  • April 20, 2017

    UK Losing Nearly $2B In Uncollected Taxes On Online Sales

    The U.K. is losing out on as much as £1.5 billion ($1.92) from overseas retailers failing to charge value-added tax on online sales to British consumers, according to a report released on Wednesday by the U.K.’s National Audit Office.

  • April 20, 2017

    Giants' Manning Issues 'Angry' Denial Of Memorabilia Fraud

    New York Giants quarterback Eli Manning firmly denied Thursday allegations that he defrauded sports memorabilia dealers, after a dealer's attorneys in a 3-year-old New Jersey lawsuit against the team said a 2010 email exchange with the team equipment manager proves Manning provided fake game-used helmets.

  • April 20, 2017

    Cherokees Say Wal-Mart, Walgreens Let Opioids Loose

    The Cherokee Nation hit Wal-Mart, Walgreens and other major retail pharmacies and drug distributors with a suit in tribal court Thursday, alleging the companies have allowed opioid abuse to reach epidemic proportions within the Oklahoma tribe by failing to block illegally prescribed opioids from reaching its members.

  • April 20, 2017

    Fiat Dealership Won’t Get New Price Bias Trial

    A California federal judge on Thursday rejected a San Jose dealership’s bid to retry a $1.7 million antitrust suit accusing Fiat Chrysler of offering better incentives to local rivals, ruling that it was up to the dealership to prove that the incentives were not universally available.

  • April 20, 2017

    Walgreens To Pay $9.9M To Settle Medi-Cal Billing Suits

    Walgreen Co. will pay $9.9 million to settle two False Claims Act suits in California federal court alleging the drugstore chain submitted claims for reimbursements to the state's Medi-Cal health program for certain prescriptions without verifying the medical necessity of such drugs as required, according to a Thursday news release.

  • April 20, 2017

    FYE Parent Co. Accused Of Stiffing Store Managers On OT

    The parent company of F.Y.E. music store was hit Thursday with a putative class action in New Jersey federal court alleging it violated state and federal labor laws by failing to pay overtime to certain employees who worked more than 40 hours per week.

  • April 20, 2017

    Trump's Pick For No. 2 Commerce Position Bows Out

    President Donald Trump’s pick for the No. 2 spot at the Department of Commerce, Todd Ricketts, has withdrawn his nomination for the position, according to a Wednesday report from the Chicago Sun-Times.

  • April 20, 2017

    RadioShack Defends Plan For $1.4M In Executive Bonuses

    Bankrupt electronics retailer RadioShack on Thursday defended its plan to pay top-level employees incentive bonuses, saying the workers eligible for the payments are performing work above and beyond their normal responsibilities.

  • April 20, 2017

    Insurer Says It Needn't Defend Suit Over Gucci Building Sale

    Great American Fidelity Insurance Co. filed suit in California federal court Thursday seeking a determination that it doesn’t have to defend the former owner of a Beverly Hills property that houses a Gucci flagship store against a contract dispute over the $108 million sale of the building.

Expert Analysis

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    Catch up if you missed last week's special series spotlighting general counsel at four firms and the issues they encounter in an increasingly complex legal environment.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

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    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Why Oregon Lawmakers Are Shielding Cannabis Buyers’ Data

    Kayla Matthews

    Oregon lawmakers have given new privacy protections to people buying cannabis in the state. While customers must still show identification to prove they are of legal age to buy the drug, dispensaries will no longer be able to permanently retain identifying data. The new bill pushes back against the Trump administration's hints of renewed enforcement of federal laws against marijuana, says Kayla Matthews.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Roundup

    3 Tax Reform Perspectives

    Tax Reform Perspectives

    In this recent series on federal tax reform, practitioners explore current proposals and initiatives, and reflect on how past efforts to change the system may provide lessons — and warnings — for today's would-be tax reformers.

  • What An Illegal Price-Fixing Bot Might Look Like

    David Evans

    Generally, price-setting bots are not violating the Sherman Act. At what point would, or could, a bot engage in illegal price-fixing? Let's look at five scenarios, says David Evans of Kelley Drye & Warren LLP.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.