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Retail & E-Commerce

  • October 23, 2018

    Ammo Co. Says Dick's Delayed Buy Led To Lost Copter Deal

    A munitions company sought more than $5.4 million from Dick’s Sporting Goods Inc. in Pennsylvania federal court Tuesday, alleging that the retailer's monthslong delay in accepting a large ammunition sale set off a chain of events that caused the munition company’s sale of helicopters to the Lebanese government to fall through.

  • October 23, 2018

    NY Credit Card Law Requires Full Price, 2nd Circ. Advised

    New York merchants must post the total amount charged to customers who pay with credit cards in dollars and cents to stay compliant with a state statute over surcharges on credit cards, the New York Court of Appeals said Tuesday in response to a certified question from the Second Circuit.

  • October 23, 2018

    FDA Warning Wire: Global Crackdown On Online Drug Sales

    The U.S. Food and Drug Administration clamped down on more than 450 websites selling unapproved drugs that included opioids and cancer medications, warned an eye treatment company about complying with reporting requirements and pressed a raw juice company over claims its products fight illness.

  • October 23, 2018

    Tool Importer, Gov't Must Meet Over Discovery In Duty Row

    A U.S. Court of International Trade judge on Monday denied the federal government's bid to force discovery responses from a hand-tool maker and importer that it's suing for $307,767 in allegedly unpaid customs duties, ordering both sides to meet and try to resolve the dispute.

  • October 23, 2018

    ICE's IP Unit Seizes Illegal, Unsafe Decorative Contact Lenses

    About 100,000 pairs of dangerous, unapproved counterfeit contact lenses — including costume lenses popular at Halloween — have been seized in enforcement actions by the U.S. Immigration and Customs Enforcement and its National Intellectual Property Rights Coordination Center, federal officials announced Tuesday.

  • October 23, 2018

    CRT Purchasers Defend $6M Carveout For Excluded Buyers

    A class of indirect purchasers of cathode ray tubes defended its bid to award $6 million of a $577 million bundle of antitrust settlements to buyers from three states who were excluded, saying Monday that the objectors' attempts to claim more money are based on an unrealistic analysis.

  • October 23, 2018

    $38.5M Sale Of Heritage Home 'Nonluxury' Brand IP Gets OK

    Bankrupt furniture retailer Heritage Home Group LLC on Tuesday in Delaware received approval for a Chapter 11 sale of intellectual property for "nonluxury" brands Thomasville and Broyhill for $38.5 million to stalking horse bidder HHG IPCo. LLC, a price driven up roughly $16 million at auction.

  • October 23, 2018

    Former Fla. Attorney Charged In 'Pump And Dump' Scheme

    An ex-lawyer and a stock promoter are facing parallel criminal and civil suits brought by the government in connection with a $1 million "pump and dump" scheme involving shares of a beauty supply company, according to documents filed in a Florida federal court Monday.

  • October 22, 2018

    US, Philippines Chip Away At Bilateral Trade Irritants

    The U.S. and the Philippines have shored up a number of trade agreement issues related to agricultural products and processes, and will continue to negotiate relief from the Trump administration’s steel and aluminum tariffs, according to statement by the U.S. trade representative on Monday.

  • October 22, 2018

    Equistone Bids €283M For French Sport Shoe Business

    The parent company of French retail chain Casino has received a €283 million ($326 million) offer for its Courir sport shoe brand from private equity firm Equistone, according to Monday press releases from both sides of the deal.

  • October 22, 2018

    Investors Hit PE-Backed Camping World With Stock-Drop Suit

    Camping World and its directors misled investors about its financial performance and the success of a recent acquisition, paving the way for an insider selling scheme at the reality star-helmed recreational vehicle retailer ahead of a stock drop, according to a proposed class action filed in Illinois federal court Friday.

  • October 22, 2018

    Tribe Accuses Mich. Of Using 'Rules Of Their Own Invention'

    An American Indian community and Michigan officials have filed competing motions in federal court seeking quick wins in a suit over the state's tax authority, with the community saying Michigan was applying “legally incorrect rules of their own invention” and the officials saying the community relied on inapplicable law.

  • October 22, 2018

    Door Makers Hit With Building Supplier's Price-Fixing Suit

    Weeks after being ordered to divest a factory in groundbreaking private litigation, door maker Jeld-Wen Inc. is facing another antitrust suit in Virginia federal court, this time from a building materials supplier’s proposed class action accusing the company and its peer of using their combined market dominance to fix prices.

  • October 22, 2018

    'Little Trees' Maker Says Luxury Brand Rips Off Odor Buster

    The company behind "Little Trees," a brand of tree-shaped car air fresheners, is back in court, this time accusing a luxury apparel company of selling $275 leather key rings that look like the odor-busting staple.

  • October 22, 2018

    Alibaba Gets Injunction In Cryptocurrency Trademark Fight

    A New York federal judge on Monday granted Alibaba Group Holding Ltd.'s renewed attempt to block the promoters of a cryptocurrency called AlibabaCoin from using the Chinese e-commerce giant's trademarked names and symbols, ruling that newly produced evidence that at least one New Yorker had used the cryptocurrency was enough to allow the court to entertain the dispute. 

  • October 22, 2018

    Burberry Ends TM Fight Against Target Over Check Pattern

    Burberry Ltd. has reached a settlement with Target Corp. to end a trademark lawsuit that accused the retail giant of selling unauthorized apparel bearing the designer’s famous check pattern.

  • October 22, 2018

    Calif. Tax Agency Moving Forward With Post-Wayfair Plan

    California is seeking comment from tax professionals, businesses, municipalities and other groups on the best way to enact remote seller provisions in the nation’s most populous state, which will be the subject of a meeting this week.

  • October 19, 2018

    DLA Piper Adds Employment Partner In San Juan

    DLA Piper has bolstered its ranks in Puerto Rico by luring a seasoned employment lawyer from a boutique, adding a partner in San Juan whose experience runs the gamut of labor, employment, benefits and immigration issues.

  • October 19, 2018

    Foot Locker Board Accused Of Hiding Sales Struggles

    A Foot Locker Inc. stockholder has sued the company’s board of directors, saying the group hid knowledge that the retailer’s brick-and-mortar stores were suffering because of online competition, which led inflated stock prices to plummet when the truth came out.

  • October 19, 2018

    Pharma Co. Wants Sex Drug Marketing Case Axed

    Innovus Pharmaceuticals Inc. urged an Illinois federal judge Thursday to toss a $5 million false advertising lawsuit brought by the developer of a sexual dysfunction drug who claims advertisements using his likeness harmed his reputation, arguing the accusations have no merit.

Expert Analysis

  • Why Enviros, Agencies Disagree On Safe Glyphosate Levels

    Lori Elliott Jarvis

    An environmental group is criticizing the U.S. Environmental Protection Agency and the U.S. Food and Drug Administration for their actions and policies regarding levels of glyphosate in oat-based products. Advocacy groups will likely continue to press the issue, with individual companies being pulled into the debate, say attorneys at Hunton Andrews Kurth LLP.

  • Deciding Class Action Removal Rights At High Court

    Archis Parasharami

    An overbroad interpretation of the U.S. Supreme Court's decision in Shamrock Oil & Gas v. Sheets has created a loophole for avoiding the Class Action Fairness Act to pursue interstate class actions in state court. However, in Home Depot USA v. Jackson, the court will address two questions that have the potential to close it, say Archis Parasharami and Daniel Jones of Mayer Brown LLP.

  • Costco Settlement Shows CPSC Still Imposing Big Penalties

    Charles Samuels

    Earlier this month, Costco agreed to pay a $3.85 million penalty for an alleged failure to timely report defective trash cans to the U.S. Consumer Product Safety Commission. This settlement suggests that large penalty actions are far from moribund even with the CPSC under Republican leadership, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Pros And Cons Of California’s New Corporate Blockchain Law

    Sara O’Connell

    A new California law will allow privately held companies to use blockchain technology for stock issuance and other corporate records. However, corporations should be cautious about moving into this relatively uncharted territory, say Sara O’Connell and Riaz Karamali of Pillsbury Winthrop Shaw Pittman LLP.

  • 4 Things To Watch In The Sears Bankruptcy

    Karen Park

    Following Sears' bankruptcy filing this week, there could be an announcement that the company has agreed to sell its most valuable stores to an affiliate of its largest shareholder, say Karen Park of ParkLaw LLC and Tara Desai of Greenhouse Branding Inc.

  • No Bots About It: California's Crackdown On Chatbots

    Anthony Ascombe

    Last month, California Gov. Jerry Brown signed a law restricting the use of automated online “bot” accounts. The law was drafted in part to help prevent election interference through the propagation of fake news, but it will also impact businesses that use bots to communicate with customers, say attorneys at Steptoe & Johnson LLP.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • EEOC's Costco Case Sheds Light On Title VII Liability

     Laura Bacon

    The Seventh Circuit recently affirmed a finding of employer liability under Title VII for a hostile work environment caused by a retail customer. The decision in U.S. Equal Employment Opportunity Commission v. Costco Wholesale is important for employers with customer-facing operations, but its reach extends further, say Laura Bacon and Brittany Bogaerts of Nixon Peabody LLP.