Retail & E-Commerce

  • January 3, 2018

    Ford, T-Mobile Contractor Hit With Employee OT Suits

    A former employee of Ford contractor Marketsource Inc. has hit the company with a putative collective action over alleged unpaid overtime in Georgia federal court, at the same time that a T-Mobile promoter filed a separate putative class and collective action against Marketsource alleging similar labor violations.

  • January 3, 2018

    Retailers Have No Appetite For Ohio 'Cookie' Nexus Law

    The American Catalog Mailers Association has filed suit against the Ohio Department of Taxation in state court challenging the so-called cookie nexus standard for sales and use tax that took effect on Jan. 1, arguing the statute is unconstitutional under the commerce and due process clauses and violates the federal Internet Tax Freedom Act.

  • January 3, 2018

    Industrial REIT, Fracking Co. Launch IPOs Totaling $751M

    An industrial-focused real estate investment trust and a private equity-backed fracking company on Tuesday launched initial public offerings expected to raise about $751 million and set to price next week, potentially representing the year’s first IPOs.

  • January 3, 2018

    Real Estate Rumors: Wells Fargo, Schmier & Feurring, Pepsi

    Wells Fargo and M&T Bank have reportedly loaned $200 million for a New York mixed-use project that includes retail space, Schmier & Feurring Properties is said to have purchased a Florida shopping center for $37.9 million, and Pepsi has reportedly sold Florida office space and a bottling plant for $40.27 million.

  • January 3, 2018

    TTAB Says 'Donq' Not Related To Rum Brand Don Q

    The Trademark Trial and Appeal Board has ruled that a Japanese bakery chain could register “Donq” as a trademark, ruling the name was not confusingly similar to a rum brand called Don Q.

  • January 3, 2018

    Calif. Can't Ban Credit Card Surcharges, 9th Circ. Finds

    A Ninth Circuit panel found Wednesday that California’s law banning credit card surcharges violates free speech rights, saying in a published decision that the restriction is “more extensive than necessary” to protect consumers from misleading pricing tactics.

  • January 3, 2018

    Deals Rumor Mill: Spotify, RBS, J&T Finance

    Spotify has filed for an unconventional type of public listing in New York, RBS is selling £150 million ($203.4 million) worth of offshore assets from its asset financing business, and the Czech National Bank is preliminarily rejecting a request from China's CEFC to substantially increase its holding in J&T Finance.

  • January 3, 2018

    Walmart Cashier Class Says Co. Concedes Seating Feasible

    A class of Walmart cashiers alleging the retail giant violated state law by failing to provide them seats claimed Tuesday in California federal court that by providing seats to cashiers with disabilities, the company has already acknowledged that their work reasonably permits seating.

  • January 3, 2018

    Alissa Starzak Talks Net Neutrality, US Army, Leap To Startup

    Cloudflare Inc.'s Alissa Starzak discusses her former role as general counsel for the U.S. Army and the lengthy confirmation process leading up to it, as well as her present work in the private sector and views of net neutrality.

  • January 3, 2018

    Honus Wagner Co. Seeks Redo In Licensing Dispute

    Honus Wagner Co. asked a Florida federal court on Wednesday to reconsider a December dismissal order, arguing that the court incorrectly applied trademark law when tossing the suit over marketing rights for the likeness of baseball legend Honus Wagner.

  • January 3, 2018

    Canadian Antitrust Watchdog Hires Blake Cassels Partner

    A Blake Cassels & Graydon LLP partner who specializes in high-profile competition litigation in the energy, telecommunications and retail industries has joined Canada’s antitrust watchdog agency, Canada’s Commissioner of Competition said Wednesday.

  • January 2, 2018

    AB InBev, Molson Can't Skirt Antitrust Suit, US Brewer Says

    A Midwestern brewery on Tuesday urged a Wisconsin federal court not to toss its suit alleging competitors ​Anheuser-Busch InBev and Molson Coors Brewing Co. conspired to restrict competition in Ontario’s beer market, saying the large brewers are bound by American antitrust laws even though the alleged actions occurred in Canada.

  • January 2, 2018

    US Trustee Raises Eyebrow At Aerogroup's Ch. 11 Terms

    The Office of the U.S. Trustee branded Aerogroup International Inc.’s Chapter 11 plan as unconfirmable on Tuesday, saying in a Delaware bankruptcy court filing that the company had proposed a range of involuntary and overly broad liability releases.

  • January 2, 2018

    La-Z-Boy Reaches $13.5M Settlement In Footrest Patent Case

    More than six months after a Florida federal judge denied La-Z-Boy a new trial following a $6 million verdict against it for failing to pay an automated footrest inventor royalties for using its patented technology, the furniture company has agreed to settle the case for $13.5 million.

  • January 2, 2018

    Investor Sues Del. Cos. Over Forum Provisions In Charters

    An investor in three recently chartered Delaware companies has filed a proposed class action in Delaware Chancery Court that argues state law doesn’t allow provisions in corporate charters limiting the forum where a shareholder can bring a securities lawsuit.

  • January 2, 2018

    Gov't Seeks Default Entry Against Furniture Co. In FCA Suit

    The federal government urged a Texas federal judge Tuesday to enter default judgment against a Midwestern furniture company and others, saying they have failed to respond to a False Claims Act suit alleging they evaded millions of dollars of anti-dumping duties and customs fees.

  • January 2, 2018

    Fed. Circ. Asked To Clarify Venue For Multidistrict States

    BigCommerce Inc. has asked the Federal Circuit to clarify whether a company can be sued for patent infringement in any judicial district in the state where it is incorporated, arguing it shouldn’t be forced to defend against suits filed in the Eastern District of Texas.

  • January 2, 2018

    Linklaters Adds Jones Day Partner For Bankruptcy Practice

    Linklaters LLP announced Tuesday it has added a former Jones Day bankruptcy partner to its Washington, D.C., restructuring and insolvency practice.

  • January 2, 2018

    Apple Knowingly Slows Old IPhones Via Updates, Class Says

    Shortly after Apple Inc. began to accept orders for its newest iPhone models, the company released a software update that diminished the battery life of older iPhones and prompted some customers to spend hundreds of dollars on new phones, claims a proposed class action filed in Florida federal court last Thursday.

  • January 2, 2018

    Ramen Noodle Cos. Must Face Price-Fixing Class Action

    A California federal judge refused to let a pair of Korean ramen noodle companies rely on statutes of limitations to dodge a price-fixing class action against them, ruling that evidence destruction means that the Sherman Act claims in the suit weren’t time-barred.

Expert Analysis

  • 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.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • And Now A Word From The Panel: 5 MDL Lessons

    Alan Rothman

    In recent years, the Judicial Panel on Multidistrict Litigation has assigned many MDL cases to judges who have not previously presided over MDL proceedings. The panel still assigns cases to experienced MDL judges as well, but prior experience is clearly not a prerequisite for being an MDL transferee judge, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • 5 Ways Retailers Can Avoid Holiday Employment Headaches

    John Richards

    During the holiday season, employees are more likely to request time off or call in sick. For retailers, however, this time of year typically means increased customer demand, staffing challenges and potential for more wage and hour exposure. Given these issues, attorneys at Greenberg Traurig LLP offer a few tips for retailers to keep in mind.

  • Expiring Soon: Temporary BPA Warning Regs Under Prop 65

    Robert Falk

    With the holidays and end of the year in mind, Robert Falk and Michael Steel of Morrison & Foerster LLP outline what food and beverage manufacturers and sellers should know before the temporary safe harbor warning for Bisphenol A exposures under California’s Proposition 65 expires at the end of next month.

  • Roundup

    Judging A Book

    Gorsuch: The Judge Who Speaks For Himself

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.