Retail & E-Commerce

  • November 2, 2017

    Unilever Snags Tazo Tea From Starbucks For $384M

    European consumer goods giant Unilever on Thursday said it inked a deal to buy the Tazo specialty tea brand from Starbucks for $384 million, a sizable premium on the $8.1 million the coffee giant paid for the company in 1999.

  • November 2, 2017

    'As Seen On TV' Seller Trims Patent Suit Over Balloon Toy

    A Texas federal judge has agreed to toss a retailer's bid for certain lost profits in a suit alleging that Telebrands Corp. infringed patents covering a water balloon toy, finding that the retailer couldn’t show the kind of licensing rights necessary to back those claims.

  • November 2, 2017

    Dollar Tree Pay Stub Class Action Trial Begins In Calif.

    Counsel for a class of 5,400 Dollar Tree workers told a California federal jury during opening statements Thursday that the retailer violated state laws requiring easily accessible wage statements, while Dollar Tree defended its practice of having some workers print pay stubs from store cash registers.

  • November 2, 2017

    Investors Say Ark. Dismissal Can't Avert Del. Walmart Suit

    Shareholders of Wal-Mart Stores Inc. told the Delaware Supreme Court Wednesday that they supported a new rule proposed by a lower court judge that would prevent derivative cases from being dismissed in Delaware only because a similar, but earlier-filed, suit in another jurisdiction had been tossed, saying that their rights as shareholders would be violated otherwise.

  • November 2, 2017

    Real Estate Rumors: Ann, Lakeshore, Real Estate Equities

    Ann Taylor owner Ann Inc. has reportedly renewed its lease for roughly 300,000 square feet in Manhattan, Lakeshore Management is said to have picked up a Florida manufacturing housing park for nearly $13 million, and Real Estate Equities Corp. reportedly paid more than $150 million for a 99-year leasehold of several parcels in New York.

  • November 2, 2017

    Legal Scholars Urge High Court To Undo Online Sales Tax Ban

    Over three dozen law professors and economists pressed the U.S. Supreme Court on Thursday to overturn its precedent that prevents states from collecting sales and use tax from online retailers located outside their borders, arguing that the 25-year-old rule is outdated in the wake of the e-commerce boom.

  • November 2, 2017

    JFK Jr.'s College Application Can't Be Sold, For Now

    A California federal judge on Thursday tentatively granted Brown University’s bid to block the online auction of John F. Kennedy Jr.’s college application, and asked the school’s attorneys to prepare an order that would preliminarily enjoin the sale of documents the school claims were stolen.

  • November 2, 2017

    Under Armour Says Steph Curry's 'I Can' Doesn't Infringe

    Under Armour filed a preemptive lawsuit Wednesday after it was accused of trademark infringement over a line of apparel featuring a phrase from NBA superstar Steph Curry’s favorite Bible verse.

  • November 2, 2017

    Cookie Maker Has To Share 'Nana,' TM Suit Says

    Granola company Nana Joes LLC filed suit in Texas federal court Wednesday challenging trademarks held by Nana’s Cookie Company, contending that the cookie maker doesn’t have a monopoly on the word “nana” and can't come after it for infringement because there’s no risk of confusion between their products.

  • November 1, 2017

    Skadden Leads Signa's $3.5B Bid For Hudson's Bay's Euro Biz

    Skadden Arps Slate Meagher & Flom LLP guided Signa Holding GmbH in a $3.5 billion unsolicited offer for the Canadian Hudson’s Bay Co.’s German retail business and other real estate assets, the firm said Wednesday.

  • November 1, 2017

    Retailers Ask Supreme Court To Settle Sales Tax Dispute

    The pressure is mounting on Supreme Court justices to review a 25-year-old rule preventing states from collecting sales and use taxes from e-tailers located outside their borders, with a second advocacy group stepping up on Wednesday to support South Dakota’s challenge to the rule.

  • November 1, 2017

    Dawgs Objects To Discovery Order In Crocs IP Fight

    Footwear maker USA Dawgs Inc. on Tuesday objected to an order requiring it to produce additional financial statements in its severely trimmed suit accusing Crocs Inc. leadership of fraudulently obtaining patents, arguing that the information is no longer relevant given the narrowed scope of the case.

  • November 1, 2017

    Cookies, Milk And Tariffs For Santa Suit Importer, CIT Says

    A U.S. Court of International Trade judge laid out a list of facts, presumably checked it twice, and determined on Tuesday that certain parts of an importer’s Santa Claus suit were normal enough types of apparel that they did not qualify as “festive articles” eligible for duty-free treatment.

  • November 1, 2017

    Luxury Candy Seller Soured By Rival's Copying, Suit Says

    Sugarfina Inc. went after a New Jersey candy store in California federal court Tuesday, saying the company is an imitator that is trying to mooch off the high-end candy retailer’s success by ripping off its innovative packaging, treat offerings and product names.

  • November 1, 2017

    Biz Groups Push FTC To Avoid 'Theoretical' Privacy Harms

    Groups representing major advertisers, retailers, app developers and other businesses are urging the Federal Trade Commission to refrain from bringing enforcement actions over "theoretical" injuries allegedly caused by privacy and data security missteps, arguing that the regulator should instead focus on more concrete harms that can stem from data theft and misuse.

  • November 1, 2017

    FDA Warns 4 Cos. On Pot Compound Cancer Claims

    The U.S. Food and Drug Administration on Wednesday warned four companies, including the provider of marijuana strain Charlotte’s Web, for illegally selling products online that were promoted as treatments or cures for cancer that allegedly contain cannabidiol, a non-psychoactive compound derived from marijuana.

  • November 1, 2017

    9th Circ. Says UK Co.'s Infringement 'Barely Connected' To US

    The Ninth Circuit on Wednesday upheld a lower court’s decision to toss infringement claims brought by organic foods producer Axiom Foods Inc. against a U.K. company, finding it was "barely connected" to California and that the allegedly infringing newsletters were primarily sent to internet users in Europe.

  • November 1, 2017

    Hong Kong's CK Asset Selling Office Tower For $5.2B

    CK Asset Holdings Ltd., a firm run by billionaire Li Ka-shing, is selling its 75 percent stake in a Hong Kong office and retail tower for HK$40.2 billion ($5.2 billion), according to a filing by CK Asset with the Stock Exchange of Hong Kong on Wednesday.

  • November 1, 2017

    Plea Deal Possible For Ex-Willkie, Hunton Atty In Fraud Case

    A plea deal could be looming for the former Willkie Farr & Gallagher LLP and Hunton & Williams LLP partner accused of conspiring to bilk the firms and Mastercard Inc. out of $7.8 million, according to a New Jersey federal judge’s Tuesday order adjourning the planned November trial until February.

  • November 1, 2017

    Keurig Says Rival Stole Employees, Trade Secrets

    Keurig Green Mountain Inc. came after a pair of former workers and their new employer, SharkNinja Operating LLC, in Massachusetts federal court Tuesday, contending that the rival home appliance company has aggressively poached its employees and raided its trade secrets.

Expert Analysis

  • How States Are Trying New Strategies To Collect Sales Tax

    Carley Roberts

    States historically have had difficulty collecting sales tax from out-of-state sellers, thanks to the U.S. Supreme Court's Quill decision. But recent laws aimed at forcing online marketplaces to collect sales tax or comply with certain reporting requirements show that states are getting creative in pursuing tax revenue, say attorneys at Eversheds Sutherland LLP.

  • Merger Enforcement Takeaways From 5 Recent Cases

    Debbie Feinstein

    Despite a number of key federal antitrust posts remaining vacant, the antitrust authorities have remained quite active. Here, attorneys with Arnold & Porter Kaye Scholer LLP discuss five recent transactions and what those cases mean for merger enforcement in the United States in the coming months and years.

  • Reliability Of 'Price Premium' Calculations In Class Actions

    Jon Tomlin

    The evaluation of price premium models by trial courts will be critical in determining the success of current consumer class actions and the prevalence of future consumer class actions. However, many recently proposed price premium models have fallen short of meeting the economic requirements of a reliable price premium calculation, says Jon Tomlin of Navigant Consulting.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • Opinion

    September Madness: Problems With NCAA Corruption Case

    Randall Eliason

    I'm not saying the charges filed last month against 10 individuals in a college basketball corruption scheme are legally flawed — not all of them, anyway. But I do question whether bringing multiple felony charges on these facts is sound exercise of prosecutorial discretion, says Randall Eliason, a former federal prosecutor.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Opinion

    Like-Kind Exchanges: Crucial To Small Business Growth

    Brent Abrahm

    For more than 90 years, like-kind exchanges under Section 1031 of the Internal Revenue Code have been a key tool for small businesses and investors. But this powerful economic driver is now in real danger as Congress and the Trump administration ponder its possible elimination as part of tax reform, says Brent Abrahm of Accruit.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases

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    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • From Dracula To Drag Race: An Update On Right Of Publicity

    Saul Rostamian

    What do Kendall and Kylie Jenner, 1980s one-hit wonder Toni Basil, and the late jazz musician Thelonious Monk have in common? Each is currently involved in “right of publicity” lawsuits filed in California, highlighting the disparate ways that celebrities use the courts to protect against the commercial exploitation of their identities, say Saul Rostamian and Diana Hughes Leiden of Winston & Strawn LLP.