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Retail & E-Commerce

  • May 11, 2018

    Walmart Worker Gets Quick Win On PAGA Claim In Labor Row

    A California federal judge ruled Friday that Walmart had violated the California Labor Code by not including start and end dates on certain pay statements or hourly rate information for overtime wages, siding with an employee who requested summary judgment on his Private Attorneys General Act claim in a class action suit.

  • May 11, 2018

    5 Common Myths About EU's New Data Protection Regime

    The sweeping General Data Protection Regulation set to take effect in the European Union in just two weeks promises to revolutionize how companies around the globe handle personal data while imposing stiff penalties on those that don't comply. But attorneys say that although companies have had two years to get up to speed, several troubling myths still persist.

  • May 11, 2018

    FedEx Can't Nix Infringement Claims In Tracking Tech Row

    A Texas federal judge Thursday denied FedEx's move to trim Intellectual Ventures II LLC’s patent infringement claims days before trial, finding four shipping and tracking technology patents are valid under the U.S. Supreme Court’s 2014 Alice decision and the remaining factual questions should be determined by a jury.

  • May 11, 2018

    Grocery Chain Gets $1.2M Punitives Cut In Cart-Injury Suit

    An Ohio appeals court has slashed a jury's award of $1.2 million in punitive damages in a suit accusing a grocery chain of knowing customers were being injured by motorized carts but did nothing to address it, saying the award was "unconstitutionally excessive" under U.S. Supreme Court precedent.

  • May 11, 2018

    Taxation With Representation: Davis, Freshfields, Wachtell

    In this week’s Taxation with Representation, Takeda snapped up Shire for $62 billion, Vodafone bought a portion of Liberty Global’s European business for $21 billion, Nestle SA spent $7.1 billion on the marketing, sale and distribution rights for most of Starbucks’ retail and grocery store items and International Flavors and Fragrances acquired Frutarom for $7.1 billion.

  • May 11, 2018

    Bloomingdale's Taxes Wrong Bags Under City Law, Suit Says

    A purported class of Bloomingdale’s customers slapped the company with a lawsuit in Illinois state court Thursday over claims its Chicago stores are charging an illegal sales tax on its garment bags under a local ordinance they say applies only to paper and plastic checkout bags.

  • May 11, 2018

    FisherBroyles Picks Up DLA Piper Franchise Pro In Houston

    FisherBroyles LLP has snagged a former DLA Piper franchise partner with expertise stemming from in-house work, his own boutique and a decade in BigLaw to grow its Houston office.

  • May 11, 2018

    Wayfair's Counsel On Keeping State Tax Law Constitutional

    Even for Wayfair counsel George Isaacson, who has decades of experience representing retailers, the South Dakota statute used to challenge the physical presence standard for sales and use tax collection was something new. In this interview, the Brann & Isaacson senior partner describes how the law is unique — and not necessarily in a good way.

  • May 10, 2018

    Lead Hopefuls In Ulta Stock-Drop Suit Gear Up For Showdown

    Three law firms hoping to be appointed lead counsel in a stock-drop class action over Ulta's alleged failure to disclose that it resells returned products will spend the rest of the month picking each others' proposals apart before an Illinois federal judge settles on which one should take charge on the case.

  • May 10, 2018

    Amazon's Alexa Infringed Language Tech Patent, Suit Says

    A research university has sued Amazon in New York federal court for allegedly infringing its patented language processing technology with its Alexa and Echo products, which use "search and learn" technology to process conversational speech patterns and improve the devices' understanding of future voice commands.

  • May 10, 2018

    SoHo Bakery Behind Cronut Violates Disability Law, Suit Says

    The parent company of the SoHo bakery that created the cronut intentionally discriminates against the blind and visually impaired by not bringing its website into compliance with federal, state and local disability law, according to a proposed class action filed in New York federal court Wednesday.

  • May 10, 2018

    7th Circ. Undoes $1M CVS Verdict In 'Pill Mill' Doc Case

    The Seventh Circuit has reversed an Indiana jury’s finding that CVS Pharmacy Inc. owed $1 million to a doctor who claimed the pharmacy defamed him when it refused to fill his prescriptions, ruling the trial judge blocked key evidence supporting suspicions the doctor ran an opioid mill and sending part of the case back for retrial.

  • May 10, 2018

    Term Changes Don't Fix Disney's Copyright Misuse: Redbox

    Redbox has asked a California federal court to dismiss a lawsuit from Disney that seeks to ban it from selling digital movies at its kiosks, saying Disney can’t restrict Redbox’s resale of codes through after-the-fact changes to its terms.

  • May 10, 2018

    Skechers Sues Adidas Over NCAA Bribery Scandal

    Skechers is suing Adidas over its rival’s involvement in a college basketball corruption scandal, alleging Adidas’ bribes to players cost Skechers and other competitors who “play by the rules” a fair shot at having “trendsetting high school and college athletes seen in their products.”

  • May 10, 2018

    Real Estate Rumors: SL Green, Kinship Capital, Simon

    SL Green has reportedly paid roughly $270 million for a leasehold at a Manhattan office building, a Kinship Capital venture is said to be seeking $120 million for a Chicago office building, and mall real estate investment trust Simon Property is reportedly looking to expand a Miami movie theater by four screens.

  • May 10, 2018

    Toys R Us Clears Bidding Procedures For Over 270 Stores

    Toys R Us Inc. received court approval Thursday to implement proposed real estate bidding and sale procedures as it liquidates its business in the U.S., putting in place a timeline for the retail giant to sell its ownership or lease interests at close to 275 locations by the end of June.

  • May 10, 2018

    Barnes & Thornburg Adds Ex-Ogletree Deakins Labor Pro

    Barnes & Thornburg LLP has hired a former Ogletree Deakins Nash Smoak & Stewart PC attorney who has represented manufacturing, retail, technology and real estate clients as a partner in its labor and employment law department in Chicago, the firm announced.

  • May 10, 2018

    Citing 'Harm,' 9th Circ. Trims Adidas TM Win Over Skechers

    The Ninth Circuit on Thursday ruled on a closely watched trademark case filed by Adidas AG over look-alike sneakers sold by Skechers USA Inc., tossing part of a sales ban on the grounds that it was not supported by enough evidence of so-called irreparable harm.

  • May 10, 2018

    Canadian Tire Drops $985M On Norwegian Sportswear Brand

    Canadian Tire Corp. Ltd. said Thursday that it has agreed to acquire the parent organization of Norwegian sportswear and workwear company Helly Hansen brands and its related businesses from the Ontario Teachers’ Pension Plan for $985 million.

  • May 10, 2018

    3 Things Lawyers Should Know About Chapter 11 Real Estate

    So far, 2018 has seen a wave of retailers and restaurant chains file for Chapter 11 protection — including most recently one of Applebee's largest franchise holders — and experts say such bankruptcy proceedings come with unique sets of challenges because they deal with leases and real property, as opposed to more traditional creditor-debtor matters. 

Expert Analysis

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Your Guide To Wayfair: The Briefs In Support

    David Fruchtman

    In this article covering South Dakota v. Wayfair, David Fruchtman of Rimon PC, analyzes all of the briefs submitted in support of petitioner or in support of neither party.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • 9th Circ.'s Expansive Standard For Standing In Breach Case

    Nathanial Wood

    Companies should take notice of the Ninth Circuit’s decision to use Zappos’ breach notification as an admission that the breach would potentially lead to consumer harm, say Nathanial Wood and Brandon Ge of Crowell & Moring LLP.

  • What To Do After A Product Recall

    Derin Kiykioglu

    If a company facing a product recall has managed it effectively, the hardest part is probably over. But there are four key strategies companies should keep in mind to restore order and maintain brand loyalty following a recall, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • What To Do During A Product Recall

    Derin Kiykioglu

    Maintaining consumer trust during a recall is key. When a company is transparent, consistent and responsive, it may maintain — and potentially surpass — prior levels of consumer satisfaction, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • What To Do Before A Product Recall

    Derin Kiykioglu

    Any company — no matter how well-run — may experience a consumer product recall. Managing recall risk is as much about being ready to respond to recalls properly as it is about preventing them, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • Single Factor Income Apportionment: Inconsistent Standard

    Glenn Newman

    A majority of states claim that in-state sales are sufficient nexus to collect corporate income tax from businesses physically located across state lines, but income apportionment methods are inconsistent. Companies need to be prepared for the day one state seeks to collect a share of income tax that's already been paid to another, says Glenn Newman of Greenberg Traurig LLP.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.