Retail & E-Commerce

  • February 20, 2018

    EU Tees Up New Measures To Tax The Digital Economy

    The European Union is preparing to unveil proposals aimed at taxing the digital economy, including measures targeting tech companies that don’t have a physical presence in member states where they provide services, an EU official announced Tuesday.

  • February 20, 2018

    Walmart’s Own Studies Support Cert., Cashier Class Argues

    A group of 80,000 cashiers claiming Wal-Mart Stores Inc. failed to provide them with California state law-required seating defended its class certification in federal court Friday, arguing that Walmart’s own studies and prior testimony back up the workers’ claims.

  • February 20, 2018

    Real Estate Rumors: Blackstone, Angelo Gordon, GGP

    Blackstone is said to have sold an Illinois office property for $47 million, Angelo Gordon has reportedly sold a Florida apartment complex for $64 million, and mall real estate investment trust GGP is said to have bought an Illinois Macy's store for $25 million and leased it back to the retailer.

  • February 20, 2018

    Deals Rumor Mill: Deutsche Bank, Tesco, United Arab Bank

    Deutsche Bank is planning to list its asset management arm next month, Booker investors are being urged to reject Tesco's $4.6 billion takeover offer, and the Commercial Bank of Qatar is looking to sell its stake in United Arab Bank to Tabarak Investment.

  • February 20, 2018

    PTAB Won't Review FedEx's 2nd Challenge To Shipping Patent

    The Patent Trial and Appeal Board on Tuesday denied a petition from FedEx seeking review of a shipping and transit patent owned by Intellectual Ventures, saying that the package delivery giant’s arguments to institute a review on the patent, which it had challenged once before, were “unpersuasive.”

  • February 20, 2018

    Judge Transfers Storage War Over Search Engine Optimization

    A federal judge in Massachusetts on Tuesday kept alive, but transferred to Texas, a small storage facility’s claim that misleading website URLs undercut state and federal antitrust and trademark laws for an edge in Google search results.

  • February 20, 2018

    Conn. Embarks On Aggressive Effort To Collect Online Tax

    Thousands of Connecticut residents have begun receiving letters from the state this month demanding payment of use tax owed for online purchases from 2014 to 2016, in what is seen as one of the most aggressive efforts in the country to collect unpaid sales and use taxes.

  • February 20, 2018

    Yiannopoulos Ends $10M Suit Over Canceled Book Deal

    Milo Yiannopoulos has dropped his $10 million lawsuit accusing Simon & Schuster of breaching its contract obligations when it terminated the controversial conservative commentator’s book deal, according to a stipulation filed Tuesday in the New York State Supreme Court, with Yiannopoulos saying the suit wasn’t worth the time and expense.

  • February 20, 2018

    PE-Backed Grocery Giant Albertsons Plans To Buy Rite Aid

    Private equity-backed grocery giant Albertsons on Tuesday unveiled plans to snap up Rite Aid, giving the pharmacy chain a new merger partner after its planned $17.2 billion takeover by Walgreens was scrapped for a smaller store sale amid regulatory pushback.

  • February 20, 2018

    15 Minutes With Discover Financial Services' General Counsel

    Kelly McNamara Corley, who has served as executive vice president, general counsel and secretary of Discover Financial Services since 2008, shared with Law360 how the company prioritizes diversity and inclusion and what keeps her up at night, as technology continues to develop rapidly.

  • February 16, 2018

    Allergan, Others Cough Up $9M In Product-Hopping Suit

    Allergan Inc., Senju Pharmaceutical Co. Ltd. and Kyorin Pharmaceutical Co. Ltd. have agreed to pay Hartig Drug Co. Inc. $9 million to end a putative class action alleging product-hopping over eye care products Zymar and Zymaxid, according to documents filed Friday in Delaware federal court.

  • February 16, 2018

    Hedge Fund's $26.2M Bid Tops Ch. 11 Auction For Aerogroup

    Hedge fund Alden Global Capital emerged as the apparent winning bidder in Delaware on Friday for bankrupt shoe retailer Aerogroup International Inc., with a $26.175 million bid that capped a nearly 24-hour, sometimes “testy,” marathon auction.

  • February 16, 2018

    US Hits Back At AmEx In High Court Steering Rules Case

    The U.S. government criticized American Express Co. on Thursday for defending contract provisions that prevent merchants from steering customers to other credit cards, in a closely watched antitrust case before the U.S. Supreme Court.

  • February 16, 2018

    Boston Grocers Seek Conditional Cert. In Antitrust MDL

    Two Village Market companies have asked a Minnesota federal court to conditionally certify a class of 51 grocers in the Boston area in antitrust multidistrict litigation claiming that Supervalu and C&S Wholesale Grocers Inc. agreed not to compete with each other for customers in certain states.

  • February 16, 2018

    Couche-Tard Wins FTC OK For Holiday Buy With Store Sales

    The Federal Trade Commission has approved a deal that will see Canadian gas station and convenience store operator Alimentation Couche-Tard Inc. sell 10 locations in Minnesota and Wisconsin to assuage antitrust concerns over the company’s acquisition of Midwestern competitor Holiday Stationstores Inc. and affiliates, the agency said Friday.

  • February 16, 2018

    Deals Rumor Mill: Uber, Walmart, Thomson Reuters

    Uber is reportedly getting ready to take a large stake in taxi and carpooling company Grab, Walmart is mulling a deal for a more than 40 percent stake in Flipkart, and $15 billion in financing is backing a Blackstone-led consortium’s $17 billion bid for Thomson Reuters’ financial and risk business.

  • February 16, 2018

    Pot Biz Urges Supreme Court To Take Case Against IRS

    A Colorado-based marijuana company has urged the U.S. Supreme Court to hear its case against the Internal Revenue Service, alleging the agency lacks the authority to investigate criminal activity and saying a circuit split must be resolved on the scope of a law preventing courts from interfering with tax collection efforts.

  • February 16, 2018

    Ill. Court Affirms Transfer Of Suit Against Redbox Driver

    A pedestrian who was struck by the vehicle of a Redbox Automated Retail LLC employee failed Thursday to return her suit against the company to Cook County, Illinois, with an appellate court finding that the pedestrian's home county of Kane was a better fit for the case.

  • February 15, 2018

    Amazon To Pay EPA $1.2M For Illegal Pesticide Sales

    The U.S. Environmental Protection Agency on Thursday announced that Amazon Services LLC will pay a $1,215,700 penalty to settle allegations it facilitated the distribution of imported pesticide products by third-party vendors that were not licensed for sale in the United States.

  • February 15, 2018

    Disney, Others Beat ‘Mickey’ Singer Toni Basil’s TM Claims

    A California federal judge on Thursday granted a bid by Disney, Kohl’s and Forever 21 to dismiss a trademark infringement claim brought by Toni Basil, the singer of 1981’s one-hit wonder song “Mickey,” that accused all three companies of using her image and voice to advertise their own products.

Expert Analysis

  • A Review Of Cross-Border Investigations In 2017: Part 1

    Sunil Gadhia

    A number of significant corporate resolutions were reached in 2017, which have provided guidance on the level of cooperation expected by criminal and civil authorities, primarily in Europe. Meanwhile, the divergent approaches to legal privilege taken by courts in different jurisdictions provide significant challenges to those conducting cross-border internal investigations, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Disfavored Retailers Turn Up Volume On Robinson-Patman

    Morgan Nickerson

    While repeal of the Robinson-Patman Act has been requested for decades and government enforcement has been virtually nonexistent, a recent spate of private litigation highlights the legal risk associated with volume-based pricing strategies, say attorneys with K&L Gates LLP.

  • E-Commerce Boom Means New Roles For Shipping Cos.

    Carlos Rodriguez

    The e-commerce explosion will continue in full force this year, and will bring transportation intermediaries — such as forwarders, nonvessel operating common carriers, customs brokers and indirect air carriers — more into the third-party logistics and fulfillment space. This is inevitable for those who intend to survive and grow, says Carlos Rodriguez of Husch Blackwell LLP.

  • Register Your California Cannabis Trademarks Now

    Joshua Cohen

    Any cannabis business that is holding its breath waiting for the U.S. Patent and Trademark Office to start registering cannabis-related trademarks should give up. But those located in states that have legalized recreational and/or medicinal cannabis should immediately seek state trademark registration where available, says Joshua Cohen, leader of Wendel Rosen Black & Dean LLP's intellectual property group.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • 2nd Circ. Courts Dive Into 'Class Arbitration' Questions

    Gilbert Samberg

    The U.S. Supreme Court has not yet addressed core issues that will ultimately determine the viability of a class arbitration award, nor have the various courts of appeal grappled with those issues. However, courts in the Second Circuit have recently begun to do so, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • 4 Tips For Applying Arbitration Agreements To TCPA Claims

    Michael Leffel

    With statutory damages of up to $1,500 for each call, text or fax, the Telephone Consumer Protection Act remains a hotbed of class action litigation. Attorneys with Foley & Lardner LLP discuss an additional, often overlooked, tool for defendants in TCPA cases.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Why Blockchain’s Impact On The Retail Sector Is Growing

    Scott Kimpel

    Retail and consumer products companies can no longer afford to ignore blockchain as a passing trend. From tracing the source of a defective item, to verifying products' authenticity, to simplifying international shipping, to streamlining consumer loyalty programs, blockchain is increasingly becoming a valuable tool, say Scott Kimpel and Mayme Beth Donohue of Hunton & Williams LLP.