Retail & E-Commerce

  • August 31, 2017

    Calif. Weight Loss Co. Fined $3.6M Over Recurring Charges

    A California weight loss and fitness company has agreed to pay $3.6 million and change its sales practices to settle a lawsuit brought by Santa Monica prosecutors accusing it of placing recurring charges on consumers' credit cards without their prior consent.

  • August 31, 2017

    Home Depot Sold Eucalyptus Wood As Mahogany, Suit Says

    Home Depot USA Inc. misrepresented less-desirable species of eucalyptus wood as “premium” mahogany, causing consumers to overpay for lower-grade lumber, a customer claims in a proposed class action filed Wednesday in California federal court.

  • August 31, 2017

    ConAgra Scores Quick Win In Workers’ Wage Suit

    Packaged food company ConAgra was granted a quick win on Wednesday when an Arkansas federal judge dismissed a complaint in a suit filed by workers who claim they weren’t properly paid for all the time spent changing clothes and checking tools in and out.

  • August 31, 2017

    Obama DOL's Overtime Rule Struck Down

    A Texas federal judge on Thursday invalidated the Obama administration’s controversial rule expanding overtime protections to millions of white collar workers, saying the U.S. Department of Labor used a salary-level test that was too high to determine which workers are exempt from overtime compensation.

  • August 30, 2017

    Amazon User Asks 9th Circ. To Revive List-Price Class Action

    A California Amazon shopper urged the Ninth Circuit on Wednesday to revive his putative class action alleging the internet retailer inflates its comparative discounts, saying a lower court wrongly used Washington law to find Amazon.com's arbitration provision valid instead of using California's more consumer-friendly legal standard.

  • August 30, 2017

    Walmart Worker's $5.5M Verdict Capped At $300K In Bias Case

    A Connecticut federal judge on Wednesday reduced a $5.5 million jury award to a Walmart employee to the $300,000 maximum allowed by statute for the man’s claims that he was retaliated against for complaining of race discrimination, but added nearly $240,000 in economic damages to the award.

  • August 30, 2017

    Exporter Sues Former Firm Over $5.7M Loss In Contract Spat

    A grocery exporter has lobbed a malpractice suit in a New York state court against the counsel that represented the company in an underlying dispute with a United Arab Emirates-based food distributor that resulted in a $5.7 million arbitral award against the exporter, claiming its counsel mishandled the case.

  • August 30, 2017

    Fla. Consumer Hits Auto Retailer With TCPA Suit

    A Florida car dealership group is sending unwanted texts to prospective customers in violation of the Telephone Consumer Protection Act, according to a proposed class action filed Tuesday in federal court.

  • August 30, 2017

    Atty Seeks 5th Circ. Review Of Self-Representation Row

    A solo practitioner asked the Fifth Circuit on Monday to review a Texas federal judge's May decision that the rules barring hybrid representation prevent him from representing himself in a suit brought by a Dallas jeweler, telling the appellate court he has an “unqualified statutory right” to defend himself.

  • August 30, 2017

    Retailers Back FCC Database Proposal To Temper TCPA Suits

    A retail trade coalition has thrown its weight behind the Federal Communications Commission’s proposal to create a database of phone numbers that have been reassigned to prevent people from unwittingly inheriting marketing contacts solicited by their number’s previous owner, saying it would protect businesses from “predatory” Telephone Consumer Protection Act litigation.

  • August 30, 2017

    SuperValu Shoppers Didn't Prove Breach Injury, 8th Circ. Says

    The Eighth Circuit on Wednesday said the threat of future identity theft from a breach of credit card data was not enough of an injury to give standing to consumers in multidistrict litigation against SuperValu, with the panel only reviving the claims of the one plaintiff who experienced credit card fraud.

  • August 30, 2017

    Estée Lauder Doesn't Give New Dads Equal Time Off: EEOC

    The Equal Employment Opportunity Commission on Wednesday hit Estée Lauder Cos. Inc. with a lawsuit accusing the beauty products company of discriminating against its male employees by not granting them the same amount of parental leave as women.

  • August 30, 2017

    Amazon Accused Of Selling Defective Solar Eclipse Glasses

    Amazon.com Inc. sold defective solar eclipse glasses that put wearers at risk of injuries resulting in headaches and eye damage, consumers claimed in a proposed class action filed Tuesday in South Carolina federal court.

  • August 30, 2017

    Major Canned-Tuna Producers Hit With More Price-Fix Suits

    A trio of new suits piled onto the country’s three biggest and long-beleaguered producers of canned tuna, alleging they colluded for more than a decade to raise prices and restrict supply in violation of federal antitrust laws.

  • August 30, 2017

    Telemarketer Fined $6M For English-Spanish Language Scam

    A California federal judge on Monday ordered a telemarketing company that allegedly used deceptive and abusive tactics to sell Spanish-speaking consumers English-language instructional materials to pay more than $6 million in fines after the company failed to mount a defense in court.

  • August 29, 2017

    Texans File Over 600 Price Gouging Complaints Amid Harvey

    Hundreds of Texans have filed price gouging complaints related to Hurricane Harvey, leading to at least nine civil investigative demands by the Texas Attorney General’s office as of Tuesday afternoon with more to come, according to the office.

  • August 29, 2017

    Google Sends EU Plan To Comply With Search Bias Decision

    Google Inc. has told European Union antitrust enforcers how it plans to comply with a recent landmark decision finding the search giant had favored its own comparison shopping service over rivals, both sides confirmed Tuesday.

  • August 29, 2017

    Citing Star Athletica, Court Says Lights Can Be Copyrighted

    Relying on the U.S. Supreme Court’s recent ruling on cheerleading uniforms, a New York federal judge ruled Monday that decorative lights could be protected by copyright law.

  • August 29, 2017

    Perfumania Talks Dollars And Scents In First Ch. 11 Hearing

    Perfumania Holdings Inc. cleared its first and potentially second-to-last Delaware Chapter 11 hearing Tuesday, in a milestone for the big fragrance company’s prepackaged, take-private recapitalization that one nondebtor attorney headlined as “passes the smell test.”

  • August 29, 2017

    Alibaba-Backed Logistics Co. Raises IPO Target To $1B

    Best Inc., a Chinese logistics company backed by e-commerce giant Alibaba Group Holdings Ltd., on Tuesday increased the fundraising estimate for its initial public offering by one-third to $1 billion, which would make it third-largest IPO of the year.

Expert Analysis

  • Weekly Column

    Innovating For Wise Juries: Closing Argument

    Stephen Susman

    In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.

  • The Soft Power Of Congress To Challenge Mergers

    Daniel Friedman

    While Congress does not have the ability to directly stop a merger, it has virtually unfettered power to engage in fact-finding, and testimony given at congressional hearings can help the merger enforcers in litigation, say Daniel Friedman and Robert LoBue of Patterson Belknap Webb & Tyler LLP.

  • 5 Questions All AFAs Should Answer Clearly

    Gregory Lantier

    While no particular form is required to establish a durable alternative fee arrangement, there are terms that should, for the benefit of both client and outside attorney, be expressly set forth in the agreement itself, but are often overlooked, say attorneys with WilmerHale.

  • Mitigating Risk In Website Terms And Conditions

    Alexis Miller Beuse

    As emerging case law illustrates, the placement of the terms and conditions on a website is paramount, because the enforceability of their provisions will turn on whether the design of the site ensures that users receive adequate notice and demonstrate assent, say Alexis Miller Buese and Rara Kang of Sidley Austin LLP.

  • Cybersecurity Risks In The Courtroom

    Daniel Garrie

    As cybercriminals continue to look for easy targets, the court system will surely enter their crosshairs. If judges and court personnel do not maintain proper data security and cyber hygiene, confidential litigant information can fall into the hands of a wide variety of bad actors, say Daniel Garrie of JAMS, David Cass of IBM Cloud, Joey Johnson of Premise Health Inc. and Richard Rushing of Motorola Mobility LLC.

  • Asserting Defamation Claims For Anonymous Online Reviews

    Joshua Fowkes

    In its recent opinion in ZL Technologies v. Does, a California appellate court emphasized that whether anonymous online speech can be subject to a defamation claim depends on the website’s structure and the challenged speech’s language and context, says Joshua Fowkes of Arent Fox LLP.

  • Revisiting Preclusion Principles In Derivative Actions

    Jonathan Richman

    The Delaware chancellor’s recent proposal to revise the law on preclusion in shareholder derivative actions, if adopted by the Delaware Supreme Court, could increase the difficulty of obtaining dismissal of subsequent derivative actions. It could also influence all parties’ strategic decisions, says Jonathan Richman, co-head of the securities litigation group at Proskauer Rose LLP.

  • Monthly Column

    Gray Matters: Clients Are Not Really 'Emotional'

    Gray Matters

    When you look at your client through the "survival circuit" lens, what first appeared as an emotional mess is now valuable information about what is important to them, what needs have to be met to settle the case, or what further clarity your client requires before moving forward, say dispute resolution experts Selina Shultz and Robert Creo.

  • Opinion

    Made In America, But Not 'Made In The USA'?

    Yohai Baisburd

    It would not be fake news to report that the federal government and purchasers in other countries can "Buy American" even if the product cannot be labeled as "Made in the USA" for purposes of sale in the United States, says Yohai Baisburd of Dentons.

  • 2nd Circ. Offers Insight On 'Class Arbitration' Questions

    Gilbert Samberg

    Beginning with its decision Monday in Jock v. Sterling Jewelers, which upset a lower court’s confirmation of an arbitrator’s “class certification award,” the Second Circuit has now begun to nibble at the question of whether “class arbitration” is ultimately viable, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.