Retail & E-Commerce

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    Priceline Founder Owes Fees For Post-Alice Row: Fed. Circ.

    The Federal Circuit found on Friday that a district court got it right when it ordered Priceline founder's patent holding company to pay Bed Bath & Beyond $932,000 in attorneys’ fees for pursuing a meritless patent infringement suit against the retailer, saying the company should have known its arguments were weak.

  • December 8, 2017

    'Real Housewives' Star Hit With $30M Defamation Suit

    The former business partner of “Real Housewives of New Jersey” star Melissa Gorga has filed a $30 million defamation suit against Gorga, the show's executive producer Andy Cohen and NBC Universal, claiming they falsely accused her in public of stealing merchandise from the boutique she co-owned with Gorga.

  • December 8, 2017

    H&M Infringed Unicolors' Pattern Copyright, Jury Finds

    A California federal jury awarded about $845,000 to Los Angeles-based textile company Unicolors Inc. in its copyright suit against H&M on Thursday after finding that the fashion retailer willfully infringed a copyright on a Unicolors fabric pattern, according to the plaintiffs' counsel.

  • December 8, 2017

    Ex-Amazon Finance Staffer Gets 6 Mos. For Insider Trading

    A former financial analyst for Amazon.com Inc. who admitted to passing corporate secrets to a friend who traded on the information and cut him $10,000 was sentenced to six months in prison by a federal judge in Seattle on Friday.

  • December 8, 2017

    Vitamin World Cleared For Ch. 11 Auction With $28M Floor

    A Delaware bankruptcy judge gave Vitamin World Inc.’s auction the nod Friday after a last-minute change that brought in a new stalking horse bidder and upped the floor price to $28 million, staving off previous fears the chain would have to liquidate all of its roughly 300 locations.

  • December 8, 2017

    Trustee Balks At Sporting Goods Co.'s Ch. 11 Bonus Plan

    The U.S. trustee objected Friday to the proposed key employee incentive and retention plans filed by bankrupt athletic equipment distributor Maurice Sporting Goods Inc., telling the Delaware bankruptcy court the documents describing the bonuses don’t provide enough information about who will be getting paid and how much.

  • December 8, 2017

    Amicis Back Wayfair's Opposition To Quill High Court Review

    Three interested parties each submitted an amicus brief Thursday in South Dakota v. Wayfair, urging the U.S. Supreme Court to reject South Dakota’s petition for certiorari, arguing, among other things, there would be an undue burden on businesses and violations of due process and the commerce clause should the court abrogate its physical presence nexus rule.

  • December 8, 2017

    DOJ Tells High Court 2nd Circ. Erred In AmEx Ruling

    The U.S. Department of Justice told the U.S. Supreme Court on Thursday that it should vacate and remand the Second Circuit’s ruling that the use of increased fees to fund rewards for cardholders justifies American Express' anti-steering provisions imposed on merchants, claiming the ruling overlooked the central concern of antitrust laws: the preservation of competitive prices. 

  • December 8, 2017

    Real Estate Rumors: LeBron James, Fla. Lots, Hubb NYC

    LeBron James has reportedly dropped $23 million on a second home in West Los Angeles, a pair of contiguous lots in Florida have reportedly sold for a combined nearly $30 million, and Hubb NYC is said to have picked up multiple retail condos in New York from a venture that includes private equity shop Carlyle Group for nearly $24 million.

  • December 8, 2017

    Justices Should Nix Online Tax Case, Foes Of SD Action Say

    Congress, not the U.S. Supreme Court, is the body that should appropriately decide whether states may require remote sellers to collect and remit use tax, the online companies in litigation over the issue told the nation’s highest court in a brief filed Thursday.

  • December 7, 2017

    Tesla Scores Win In Mo. Appeal Of Direct Sales Dispute

    Tesla can sell its electric cars directly to consumers in Missouri again after a state appeals court on Tuesday reversed a lower court’s decision blocking the licenses that Tesla received to sell its cars, saying a dealership association didn’t have standing to challenge the licenses in the first place.

  • December 7, 2017

    LuLaRoe Customers Seek Class Treatment In Sales Tax Spat

    Customers accusing multilevel marketing fashion retailer LuLaRoe of overcharging them $8.3 million by calculating sales tax based on the location of sellers rather than consumers asked a Pennsylvania federal judge Wednesday to grant them class status.

  • December 7, 2017

    Real Estate Rumors: WeWork, Allegro, ShopOne

    WeWork is reportedly close to a deal to lease two floors in Chicago, Allegro Senior Living is said to have landed a $44.5 million loan for a senior living project in Florida, and ShopOne Centers REIT has reportedly picked up a New Jersey grocery-anchored shopping center for $26.5 million.

  • December 7, 2017

    Deals Rumor Mill: Old Mutual, Fosun, Johnson & Johnson

    The U.K. wealth business of Old Mutual could be worth about £2.5 billion ($3.35 billion) in an IPO planned for 2018, Fosun is in talks concerning a flotation of its tourism business that could raise $500 million or more, and Johnson & Johnson is mulling a sale of anti-dandruff shampoo Nizoral.

  • December 7, 2017

    Cypriot Real Estate Co. Awarded Rights To Kiev Shopping Mall

    A Cypriot company that runs several shopping centers in Ukraine said Thursday that a London court has rejected challenges to its rights in a Kiev mall, settling a yearslong dispute over the shopping center’s rightful ownership.

  • December 7, 2017

    2nd Circ. Won't Rethink Men's Wearhouse Short-Swing Ruling

    The Second Circuit rejected a bid for a rehearing by a Men's Wearhouse Inc. investor, who was seeking to overturn a lower court's ruling that he lacked standing to sue several hedge funds over $17 million they allegedly made in forbidden “short-swing” profits.

  • December 7, 2017

    Firms Are Facing A Cash Crunch As Demand Falters

    Some law firms are feeling a squeeze on the cash they have available for investments in the future as demand for firms' services remains sluggish and partners continue to expect ever-rising profit payouts.

  • December 6, 2017

    Vitamin World Landlords Object To Ch.11 Asset Sale

    A group of mall owners on Wednesday objected to bankrupt health supplement retailer Vitamin World Inc.’s plan to sell off its retail operations, saying the company has to prove that transferring its store leases to a new, unknown owner won’t harm landlords.

Expert Analysis

  • Series

    40 Years Of FCPA: The Untold Story Of The Resource Guide

    Charles Duross

    Much has been written about the 2012 "Resource Guide to the U.S. Foreign Corrupt Practices Act," but no one has talked about the behind-the-scenes work that produced the guide — until now, say Charles Duross, former chief of the FCPA Unit at the U.S. Department of Justice, and Kara Novaco Brockmeyer, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission.

  • Series

    40 Years Of FCPA: A Journey From Conviction To Dismissal

    Janet Levine

    The twist in the Lindsey Manufacturing Foreign Corrupt Practices Act case was the truncated time in which we prepared. Having refused to waive their rights to a speedy trial, our clients took control of the case — this, along with the compressed time frame, forced the government to make errors, say Janet Levine, Sima Namiri-Kalantari and Megan Weisgerber of Crowell & Moring LLP.

  • Leveling The Playing Field With The Jury Inference

    Peter Hargitai

    What happens when a litigant has no access to an opponent’s evidence because it has been destroyed or lost? Recently, the Supreme Court of Florida created a revised standard jury instruction, allowing juries to infer that missing evidence may be unfavorable to the party who lost or destroyed it. Practitioners should know how to use this tool, says Peter Hargitai of Holland & Knight LLP.

  • Series

    40 Years Of FCPA: The Siemens Lesson — Tillerson Is Right

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    Since its whopping $800 million Foreign Corrupt Practices Act settlement in 2008, Siemens cleaned up — and it has “cleaned up” in its long-standing competition with General Electric. How? As Secretary of State Rex Tillerson reportedly told President Donald Trump, you don’t need to pay bribes to succeed in international business, says Peter Y. Solmssen, former general counsel of Siemens.

  • Series

    40 Years Of FCPA: The Rise In International Enforcement

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    The 2008 Siemens matter — then the largest sanction ever imposed in a Foreign Corrupt Practices Act enforcement action — set the stage for future cross-collaboration in global anti-corruption enforcement, say Cheryl Scarboro, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission, and Diana Wielocha of Simpson Thacher & Bartlett LLP.

  • Series

    40 Years Of FCPA: Highlights From The 1st Corporate Trial

    Robert Feldman

    The Foreign Corrupt Practices Act case of U.S. v. Harris Corp. was tried in March 1991 — so long ago that pretty much only the parties and counsel remember it. With a smile, I’ve just about given up correcting people who say their case is "the only FCPA case ever to be tried,” says Robert Feldman of Quinn Emanuel Urquhart & Sullivan LLP.

  • Series

    40 Years Of FCPA: The Strange Case That Started It All

    Burton Wiand

    At the U.S. Securities and Exchange Commission in April 1978, we filed a case against Page Airways and envisioned the trial of a precedent-setting enforcement action that would have defined Foreign Corrupt Practices Act standards at an early stage. Instead, the matter was settled under circumstances that I am sure are unique in SEC history, says Burton Wiand of Wiand Guerra King PA.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.

  • Preparing Your Company Witnesses For The Gotcha Question

    Matthew Keenan

    Catching a witness flat-footed on an important topic is no longer confined to cable news, and corporate legal defenses can likewise die when witnesses profess ignorance on things that jurors believe they should know. However, employing some common sense tools can minimize potential harm, says Matthew Keenan of Shook Hardy Bacon LLP.