Retail & E-Commerce

  • 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.

  • November 1, 2017

    Chinese Auto Retail Co. Closes $335M Funding Round

    Chinese automotive retail and finance platform SouChe on Wednesday said it closed a Series E funding round at $335 million, led by the company’s largest institutional investor, Alibaba Group Holding Ltd.

  • October 31, 2017

    Walgreens Hit With Suit Over Prescription That Killed Child

    An Illinois woman on Monday hit Walgreens with a state court suit claiming store personnel gave her incorrect instructions for handling the anti-rejection drugs prescribed to her 3-year-old son after his heart transplant, resulting in his death.

  • October 31, 2017

    CVS Says Spat Over Flu Shot Calls Shouldn't Be Reassigned

    CVS argued Tuesday that an Illinois federal judge hearing a proposed class action over allegedly improper flu shot reminder calls should not take up a later-filed suit making similar claims, saying it doesn’t make sense to rush to reassign the latter action, as it soon could be dismissed for lack of prosecution.

  • October 31, 2017

    NJ Panel Sinks Defamation Claim Over Atty's Ebay Letters

    The New Jersey Appellate Division on Tuesday affirmed that an attorney’s letters to eBay seeking to suspend the selling privileges of legal adversaries were shielded from the adversaries’ defamation claim because the correspondence was directly related to underlying litigation.

  • October 31, 2017

    As Default Looms, Vitamin World Delays Ch. 11 DIP Review

    Nutrition supplement chain Vitamin World put off a final approval ruling on its $25 million bankruptcy loan for a third time Tuesday, prompting a caution from lender agent Wells Fargo that a default, and tough decisions, are imminent.

  • October 31, 2017

    Walgreens, CVS, Others Exit Lidoderm Antitrust MDL

    Endo Pharmaceuticals has reached an agreement with a handful of big name retailers including Walgreen Co. and CVS Pharmacy Inc. to end multidistrict antitrust litigation over the Lidoderm pain patch, according to documents filed in California federal court Tuesday.

  • October 31, 2017

    Kmart Beats Trademark Suit Over 'Rise' Basketball Gear

    A California federal judge has tossed a trademark lawsuit filed against Kmart over a line of sports apparel called Risewear, saying it’s “strikingly” dissimilar to a rival “Rise” brand.

  • October 31, 2017

    Deals Rumor Mill: Petrobras, SenseTime, Staples

    Petrobras has received expressions of interest from at least 20 suitors for a controlling stake in a gas pipeline network known as TAG, CDH Investments and SenseTime are seeking 3 billion yuan ($453 million) for a fund that will invest in AI, and Staples is in talks to sell its Chinese operations.

  • October 31, 2017

    Texas AG Says 127 Gas Stations Gouged Prices During Harvey

    More than 100 gas stations in Texas have been formally notified by the state's attorney general's office that they've been accused of price gouging in the wake of Hurricane Harvey by selling a gallon of gasoline for $3.99 or more.

  • October 31, 2017

    FTC Fights Marketers' Bid To Dismiss Discount Clubs Suit

    The Federal Trade Commission on Monday asked a Georgia federal court to deny several marketers' request to dismiss a suit accusing them of scamming consumers out of $42 million by secretly signing them up for bogus memberships, arguing that the complaint has pled more than enough facts to demonstrate liability.

  • October 31, 2017

    Hormel Inks $850M Deal For PE-Backed Deli Brand Columbus

    Hormel Foods Corp. will pay $850 million for private equity-backed Columbus Manufacturing Inc., giving Hormel Foods access to a growing millennial-focused branded meat and salami company that will expand its in-store offerings, the company said Tuesday.

Expert Analysis

  • Toys R Us Faces Chapter 11 Challenges

    Stephen Selbst

    Toys R Us recently filed for Chapter 11 bankruptcy, citing the impact of e-commerce as a major factor. Other recent retail bankruptcies underscore how difficult it is for retailers to recover from a bankruptcy filing, and creditors must be prepared, says Stephen Selbst of Herrick Feinstein LLP.

  • Keys To Estimating Damages In Deceptive Pricing Cases

    Stephen Hamilton

    The liability fundamentals of deceptive pricing cases are easy to understand: To the extent that consumers are influenced by the perception of a bargain, a false or misleading reference price can result in higher prices and greater sales. But providing defensible estimates of classwide damages has remained a stumbling block, say Stephen Hamilton and Dan Werner of OnPoint Analytics.

  • Economy Conditions Complicate Business Interruption Claims

    Vincent Morgan

    Business interruption claims are frequently the most difficult and hotly contested of insurance claims, and this is even more so in the aftermath of large-scale natural disasters like Hurricanes Harvey and Irma. One common dispute is whether the measurement of business interruption should take into account the post-loss area-wide economic conditions, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • It's On Plaintiffs To Prove No Scientific Substantiation

    Brett Taylor

    Historically, plaintiffs rest false advertising claims upon allegations that marketing claims are unsubstantiated and not supported by reliable scientific evidence. But two recent decisions out of California suggest courts may not recognize a private right of action for false advertising claims arising out of alleged improper scientific substantiation, say Brett Taylor and Amy Alderfer of Cozen O'Connor.

  • Considerations For Competitors Collaborating Post-Hurricane

    Meytal McCoy

    Despite the unique and critical need for collaboration among competitors following Hurricanes Harvey and Irma and other natural disasters, these events are not an invitation for businesses to ignore antitrust laws, say Meytal McCoy and Jessica Michaels of Mayer Brown LLP.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Avrahami Ruling On Microcaptives Offers Little Guidance

    Steven Miller

    The captive insurance industry has had little guidance from courts, the U.S. Treasury Department or the U.S. Internal Revenue Service on what an acceptable arrangement looks like. Many had hoped that the U.S. Tax Court's ruling in Avrahami v. Commissioner would provide such guidance. But the decision last month left too many questions unanswered, says Steven Miller of Alliantgroup LP.

  • Fast And Frictionless: Key Legal Issues In POS Loans

    David Bright

    In order to deliver the fast lending experience that today's consumers want, the strategic partnerships in a point-of-sale loan program must be carefully negotiated and crafted to arrive at an approach that complies with consumer loan regulations and other laws. In addition, these partnerships must allow for critical "behind the scenes" sharing and coordination, says David Bright of Holland & Knight LLP.

  • Implicit Bias' Questionable Role In Employment Litigation

    James McDonald Jr.

    Implicit bias has enjoyed a sustained focus of research and analysis in academia, and it is an increasingly popular topic of discussion among employment lawyers. However, whether implicit bias as a concept has any usefulness in employment discrimination litigation is not at all clear, says James McDonald Jr. of Fisher Phillips.