Retail & E-Commerce

  • January 30, 2018

    Honus Wagner Co. Can't Revive Trademark Suit In Fla.

    A Florida federal judge on Tuesday denied Honus Wagner Co.’s bid to revive a suit alleging infringement of its marketing rights for the likeness of baseball legend Honus Wagner for lack of jurisdiction, finding that the company had again failed to show her why the suit should be heard in the state.

  • January 30, 2018

    Aerogroup Pins Hopes On New Asset Auction Plan In Ch. 11

    Women's shoe maker Aerogroup International Inc. told a Delaware bankruptcy judge Tuesday that hopes for the confirmation of its Chapter 11 plan have dimmed and it is instead pursuing a sale and auction plan for its assets on a shortened schedule.

  • January 30, 2018

    ITA Sticks To Anti-Dump Findings On LG Korean Washers

    After a final review the International Trade Administration is holding firm on its initial anti-dumping findings that LG Electronics Inc. imported South Korean washing machines to the United States at unfair prices, the U.S. Department of Commerce agency said Tuesday.

  • January 30, 2018

    Deals Rumor Mill: Walmart, Telecom Italia, InterCement

    Walmart is eyeing a stake in an Indian e-commerce company, Telecom Italia might spin off its network into a separate company, and Latin American cement giant InterCement Participações SA might be listing its European and African operations.

  • January 30, 2018

    Consumers Urge 9th Circ. To Revive Costco Labeling Suit

    A consumer accusing NBTY Inc. and Costco Wholesale Corp. of falsely advertising that a supplement improves mental alertness and memory urged the Ninth Circuit on Monday to revive her class action, saying that conflicting expert testimony doesn’t warrant dismissal.

  • January 30, 2018

    Amazon, JPMorgan, Berkshire Hathaway To Start Health Co.

    Amazon, Berkshire Hathaway and JPMorgan Chase are planning to form an independent health care company that would initially serve their U.S. employees but could eventually become available to all Americans, the three companies said in a joint statement on Tuesday.

  • January 30, 2018

    German Watchdog Says Court Backs 'Wedding Rebate' Ruling

    Germany's competition enforcer said Monday that a federal court has backed its finding that supermarket operator Edeka abused its market power by demanding bonus payments and favorable terms, or "wedding rebates," from suppliers after a merger.

  • January 30, 2018

    NLRB Nominee Has Repped Tech Titans As Morgan Lewis Atty

    National Labor Relations Board nominee John Ring counts Google, Amazon.com and more than two-dozen other high-profile companies as clients, the Morgan Lewis & Bockius LLP partner revealed in ethics filings obtained by Law360 Tuesday, agreeing to sit out cases involving them or his firm if confirmed.

  • January 29, 2018

    Fla. Justices Urged To Pass On Miami Beach Minimum Wage

    The state of Florida and several business groups urged the Florida Supreme Court on Monday to decline jurisdiction in Miami Beach's appeal of a lower court's decision blocking the city's proposed minimum wage increase, arguing there are no conflicting decisions that would warrant Supreme Court review.

  • January 29, 2018

    Nestlé Says Crest Must Pick Up Discovery Pace In IP Fight

    Nestlé USA Inc. urged a California federal court Monday to order Crest Foods Inc. to pick up its pace in producing documents in Nestlé’s trademark infringement suit against the food company, arguing both companies risk missing their court-ordered discovery deadline because Crest has stalled production by quibbling over search terms.

  • January 29, 2018

    Universal, Amazon Near TickBox Injunction, But Extent Hazy

    A California federal judge on Monday said Universal, Amazon and other content-creating giants are entitled to a certain level of preliminary injunctive relief in their suit accusing streaming device company TickBox LLC of infringing their copyrighted material, though he said he was reluctant to issue a ruling that "effectively puts TickBox out of business."

  • January 29, 2018

    Facebook Rolls Out Privacy Tools As New EU Law Looms

    Facebook Inc. on Monday published online for the first time a list of privacy principles and launched a set of data management tutorial videos as the company prepares for a stringent European Union data protection law coming into effect in May.

  • January 29, 2018

    9th Circ. Reverses Whole Foods Win In 'EatRight' TM Row

    A Ninth Circuit panel on Monday reversed a lower court’s ruling in favor of Whole Foods in a suit brought by Eat Right Foods Ltd. over use of the “EatRight” trademark, finding the case was unfairly tossed due to Eat Right's delay in bringing a complaint.

  • January 29, 2018

    Investor Group Pays $5.36B For Wanda Commercial Stake

    A group of investors including Tencent Holdings Ltd., Suning Holdings Group, JD.com Inc. and Sunac China Holdings Group is buying a 14 percent stake in China's Dalian Wanda Commercial Properties Co. for 34 billion Chinese yuan ($5.36 billion), according to an announcement from Wanda on Monday.

  • January 26, 2018

    Fresh Market Board Says Law Supports Toss Of Investor Suit

    Directors of The Fresh Market Inc. told the Delaware Supreme Court in an answering brief filed late Thursday that the dismissal of an investor class action over the company’s $1.4 billion acquisition by Apollo Global Management LLC should be upheld because the lower court correctly applied the law.

  • January 26, 2018

    Wawa Wins Ex-Worker’s 'Speak English' Discrimination Suit

    Wawa Inc. won the dismissal of an ex-worker's discrimination claims Friday, as a New Jersey federal judge found the convenience store made a reasonable case that it fired a gas station attendant because he failed to ring up sales, and not in retaliation for complaining that a supervisor told him to “speak English.”

  • January 26, 2018

    Abercrombie Shells Out $25M To End Worker Clothing Suits

    Abercrombie & Fitch Co. agreed to pay $25 million to settle claims by nearly a quarter of a million employees in California, Florida, New York and Massachusetts alleging the retailer forced hourly workers to buy the clothes they were being paid to sell, according to a proposal filed Friday.

  • January 26, 2018

    HP Gets OK For $6.5M Laptop Defect Deal After Holdup

    After holding up Hewlett-Packard Co.'s $6.5 million deal over laptop computers with allegedly defective screens due to concerns that claims would exceed available funds, a California judge approved the settlement Friday, calling the 90 percent return class members will receive on claims “a significant recovery.”

  • January 26, 2018

    Kmart Must Follow FCA Settlement Or Be Sanctioned: Court

    Kmart Corp. could face sanctions if it doesn't close a deal on a property linked to the settlement of a long-running False Claims Act suit by noon on Monday, an Illinois federal judge said Friday.

  • January 26, 2018

    Redbox Says Disney's Misusing Copyrights, Blocking Sales

    Redbox's copyright fight with Disney Enterprises Inc. ramped up in California federal court Friday, when Redbox accused the entertainment giant, which has sued Redbox over resale of its digital movies, of trying to force it out of the business.

Expert Analysis

  • Series

    40 Years Of FCPA: Cross-Border Efforts And Growing Risk

    Patrick Stokes

    The U.S. agencies’ increasing coordination with their foreign partners has led to more potent Foreign Corrupt Practices Act investigations — in terms of both their scope and settlement cost, say Patrick Stokes, former chief of the FCPA Unit at the U.S. Department of Justice, and Zachariah Lloyd of Gibson Dunn & Crutcher LLP.

  • What To Make Of CVS-Aetna And Other Megadeals

    Randy Gordon

    Under one view, large-scale mergers like the one proposed between CVS and Aetna are fine so long as they don’t restrict consumer choices and stifle innovation. But from another view, “bigness” can be an evil in its own right, says Randy Gordon of Crowe & Dunlevy PC.

  • FDA Menu Labeling Guidance: Latest Step On A Long Road

    Arthur DeCelle.jpg

    Nutrition labeling on chain restaurant menus and vending machines, mandated by the Affordable Care Act, advanced last month with the U.S. Food and Drug Administration's publication of draft guidance on the controversial topic. The FDA continues work toward implementing the law, but each step seems to uncover novel issues, says Arthur DeCelle of McDermott Will & Emery LLP.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • Series

    40 Years Of FCPA: A View From The Monitorship Trenches

    Gil Soffer

    There have been many articles on the corporate monitor selection process, but you will find little guidance on how to prepare yourself for a job that has few parallels. There are three key lessons I have learned over the course of a Foreign Corrupt Practices Act monitorship still in progress, says Gil Soffer of Katten Muchin Rosenman LLP.

  • Series

    40 Years Of FCPA: The Untold Story Of The Resource Guide

    Charles Duross

    Much has been written about the 2012 "Resource Guide to the U.S. Foreign Corrupt Practices Act," but no one has talked about the behind-the-scenes work that produced the guide — until now, say Charles Duross, former chief of the FCPA Unit at the U.S. Department of Justice, and Kara Novaco Brockmeyer, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission.

  • Series

    40 Years Of FCPA: A Journey From Conviction To Dismissal

    Janet Levine

    The twist in the Lindsey Manufacturing Foreign Corrupt Practices Act case was the truncated time in which we prepared. Having refused to waive their rights to a speedy trial, our clients took control of the case — this, along with the compressed time frame, forced the government to make errors, say Janet Levine, Sima Namiri-Kalantari and Megan Weisgerber of Crowell & Moring LLP.

  • Leveling The Playing Field With The Jury Inference

    Peter Hargitai

    What happens when a litigant has no access to an opponent’s evidence because it has been destroyed or lost? Recently, the Supreme Court of Florida created a revised standard jury instruction, allowing juries to infer that missing evidence may be unfavorable to the party who lost or destroyed it. Practitioners should know how to use this tool, says Peter Hargitai of Holland & Knight LLP.