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Retail & E-Commerce

  • May 25, 2018

    Ties To Alleged Indian Bank Fraud Threaten Jewelers' Ch. 11s

    The Chapter 11 bankruptcy cases of three U.S. jewelry companies owned by Indian billionaire and alleged bank fraudster Nirav Modi are in danger of being commandeered by a court-appointed trustee after the sudden resignation of a company official who is now refusing to talk about his recent communications with Modi.

  • May 25, 2018

    Ulta Stock-Drop Suit Lead Hopefuls Fight Over Who Lost Most

    Law firms hoping to lead a proposed class action over stock drops supposedly caused by Ulta Beauty Inc.'s alleged failure to disclose its selling of repackaged beauty products pounced on each other's bid for the designation Thursday, with counsel for a group of investors telling an Illinois federal judge that their clients lost more than double the two opposing movants combined.

  • May 25, 2018

    Sun Capital Accused Of Raiding Subsidiaries In RICO Scheme

    Convenience store operator GPM Investments LLC accused Sun Capital Partners Inc. on Friday in Delaware federal court of scheming to pass off $60 million in pension fund withdrawal liabilities that its subsidiary owed as part of a larger pattern of looting companies under its control for profit.

  • May 25, 2018

    US-Canada Wine Row: Contentious Notes, Uncertain Finish 

    The Trump administration on Friday asked for a World Trade Organization panel to examine its complaint against Canadian wine rules that have allegedly kept U.S. wine off grocery store shelves in British Columbia, moving the dispute to a more contentious phase after talks to settle the fight fell through.

  • May 25, 2018

    Online Thrift Store Didn't Warn Of Mass Layoff, Suit Says

    Swap.com Inc. was hit with a proposed class action in Illinois federal court Friday alleging that the online consignment and thrift store violated federal employment law by laying off nearly 200 workers without giving them proper notice.

  • May 25, 2018

    Buyers Can't Bar Testimony In Teva Pay-For-Delay Suit

    A Pennsylvania federal judge has cleared Teva Pharmaceuticals Industries Ltd. to use deposition testimony in an antitrust class action over an alleged pay-for-delay scheme for generic versions of cholesterol drug Niaspan, ruling that the pharmaceutical giant had not weaponized information protected by attorney-client privilege.

  • May 25, 2018

    CIT Hands US Default Judgment Against Clothing Importer

    The U.S. Court of International Trade has awarded the federal government more than $80,000 in a default win against a New York-based importer for lying about the country of origin for its imports of women's apparel from China.

  • May 25, 2018

    Taxation With Representation: Davis Polk, Wachtell, Hogan

    In this week’s Taxation with Representation, Wabtec merged with General Electric’s transportation unit in an $11.1 billion deal, NextEra snapped up Southern Co.'s Florida utilities for $6.48 billion, MB Financial and Fifth Third merged in a $4.7 billion deal, and Adobe acquired Magento for $1.68 billion.

  • May 24, 2018

    Asbestos In J&J Talc Killed 30-Year-Old Atty, Jury Told

    Counsel for the husband of an attorney who died at age 30 from mesothelioma told a South Carolina jury during closing arguments Thursday that asbestos in Johnson & Johnson's baby powder, sold at Rite Aid, caused the disease, while J&J responded that the woman had a rare type of mesothelioma not associated with asbestos.

  • May 24, 2018

    Deals Rumor Mill: Binladin, Varsity Brands, Eddie Bauer

    Saudi Binladin Group is set to undergo restructuring after the Saudi government moved to seize control of the company, the company behind yearbook, class ring and cheerleading uniform makers is eyeing a more than $2.5 billion sale, and retailers Pacific Sunwear and Eddie Bauer are considering a merger.

  • May 24, 2018

    Costco Worker's Group PAGA Claim Survives In Federal Court

    A Costco employee can bring in federal court her Private Attorneys General Act claim as a representative of others in her suit alleging the wholesaler flouted state labor law by not providing seating to greeters, a California federal judge ruled, finding that PAGA’s qui tam aspects provided standing.

  • May 24, 2018

    Empire State Building's Website Isn't Accessible, Suit Says

    The operator of the Empire State Building Observatory was slapped with a proposed class action in New York federal court Wednesday alleging that its website isn’t accessible to visually impaired and blind individuals and violates the Americans with Disabilities Act and state law.

  • May 24, 2018

    Westfield Shareholders Bless $15.7B Unibail-Rodamco Deal

    Westfield Corp. shareholders have signed off on the shopping center owner-operator’s proposed $15.7 billion takeover by Unibail-Rodamco SE, according to a Thursday announcement by the French real estate investment firm.

  • May 24, 2018

    Weil, Sidley Steer Kroger’s Up To $700M Home Chef Merger

    Grocery store chain The Kroger Co. has agreed to merge with Chicago-based meal kit company Home Chef in an up to $700 million deal steered by Weil Gotshal & Manges LLP and Sidley Austin LLP, respectively, the companies said Wednesday.

  • May 23, 2018

    Clothing Supplier Seeks Coverage For Walmart's $5M IP Feud

    A Walmart clothing supplier on Tuesday urged a California federal court to force its insurer to pony up more than $5.2 million in costs stemming from a trademark dispute in which Walmart was involved, saying the "advertising injury" portion of its policy extends to Walmart's advertising of merchandise it supplied.

  • May 23, 2018

    WTO Boss Sees Sector-Specific Trade Talks Picking Up Steam

    World Trade Organization director-general Roberto Azevedo said Monday that he has seen "real momentum" in the WTO's efforts to craft new rules on e-commerce and commercial fishing following its pivot from large-scale trade talks to sector-specific consultations.

  • May 23, 2018

    $20M Verdict Holds Software Co. Liable For Botched Project

    A software consulting firm committed professional negligence to the tune of more than $20 million when it botched a project for the online vehicle auction business Copart Inc., a California federal jury concluded in what Copart attorneys believe was the first such finding against a software implementation company.

  • May 23, 2018

    Piggly Wiggly Settles Proposed ERISA Class Action For $8M

    The soon-to-be-defunct grocery store chain Piggly Wiggly Carolina Company Inc. reached a roughly $8 million settlement in an Employee Retirement Income Security Act suit in South Carolina federal court on Tuesday with workers who say they lost their retirement savings linked to company stock while management allegedly sat back and watched the business fail.

  • May 23, 2018

    LL Bean Says Proposed Slipper Class Action Doesn't Fit

    L.L. Bean Inc. on Wednesday asked a Massachusetts federal judge to toss a putative class action, arguing the Bay State resident who says the clothing giant breached its satisfaction guarantee policy is simply looking to replace an old pair of slippers for free.

  • May 23, 2018

    RI High Court Revives Slip-And-Fall Suit Against PriceRite

    The Rhode Island Supreme Court has revived a negligence claim leveled against PriceRite in a slip-and-fall suit, finding that there was plenty of evidence for a jury to weigh and that the judge overstepped his bounds in how he evaluated the case before dismissing the claim.

Expert Analysis

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.

  • Why 9th Circ. Revisited Its Decision On 'Flushable' Wipes

    Lucia Roibal

    Earlier this month, the Ninth Circuit amended its 2017 decision in Davidson v. Kimberly-Clark Corp., and made it clear that a plaintiff who has learned the truth about an allegedly false advertisement only has standing if she intends to purchase the product again in the future, says Lucia Roibal of Morrison & Foerster LLP.

  • Spotlight On EU's Bold New Digital Economy Tax Ideas

    Stefanie Hardy

    As the Organization for Economic Cooperation and Development attempts to craft a new digital services tax, two major concerns are the impact of the tax on U.S. companies operating within the European Union, which are estimated to make up approximately half the companies that would be hit by the tax, and the deterrence of high-tech investment in the EU, says Stefanie Hardy of Nauta Dutilh.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • FDA Notices Show Agency Is All In On Tobacco Regulation

    Paul Cicelski

    In March, the U.S. Food and Drug Administration issued three advanced notices of proposed rulemaking on tobacco, nicotine, flavors in tobacco products and premium cigars. Advertisers and manufacturers of tobacco products seeking to help the FDA craft better, more representative rules must provide comments to the agency by mid-June, says Paul Cicelski of Lerman Senter PLLC.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • A Clearer Forecast On Cloud Computing Tax In Illinois

    Samantha Breslow

    Determining whether computer software is taxable is no easy task, especially in light of the changing technological landscape. However, in several nonbinding letters, the Illinois Department of Revenue has recently provided clarification on several key issues, including the taxability of cloud computing, says Samantha Breslow of Horwood Marcus & Berk Chtd.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • A Pre-Conference Guide To Early Seattle TM Cases: Part 2

    David Kluft

    As many attorneys head to Seattle this week for meetings of the International Trademark Association and the American Intellectual Property Law Association, David Kluft of Foley Hoag LLP explores the city's history through trademark disputes from the early 20th century.