Retail & E-Commerce

  • February 15, 2018

    Mitsubishi Inks $33M Deal In Sprawling Cathode-Ray MDL

    Mitsubishi Electric Corp. on Wednesday settled with a class of indirect buyers of cathode ray tubes for $33 million in California federal court, bringing total settlements in multidistrict litigation over an alleged price-fixing conspiracy involving electronics companies to $820 million.

  • February 15, 2018

    House Passes Bill To Curb Lawsuits Over ADA Violations

    The House of Representatives passed a bill intended to curb allegedly abusive Americans with Disabilities Act lawsuits Thursday, even as critics argued it would undermine protections under the civil rights law.

  • February 15, 2018

    Torys, Blake Guide Choice Properties, CREIT In $4.8B Deal

    Choice Properties and Canadian Real Estate Investment Trust on Thursday said that they will form the largest REIT in Canada, in a deal with an enterprise value of about CA$6 billion ($4.8 billion) guided by Torys LLP and Blake Cassels & Graydon LLP.

  • February 15, 2018

    A Chat With Hogan Lovells HR Chief Allison Friend

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Allison Friend, chief human resources officer for Hogan Lovells LLP.

  • February 14, 2018

    Ugg Maker Says Walmart, Clothing Designer Selling Knockoffs

    Deckers Outdoor Corp., the company behind Ugg boots, sued Walmart Inc. and Reliable Knitting Works in California federal court on Wednesday, alleging they’ve infringed on Deckers’ trademark and patent by selling counterfeit versions of its “Bailey Button” boot.

  • February 14, 2018

    Russian Nationals Sentenced In $300M Global Cyberattack

    A New Jersey federal judge on Wednesday sentenced two Russian nationals to federal prison terms for their roles in a $300 million worldwide cyberattack that targeted more than a dozen major corporate networks, including those of NASDAQ and Dow Jones & Co., and compromised more than 160 million credit card numbers.

  • February 14, 2018

    Real Estate Rumors: HNA, Estate Investment, CBRE

    An HNA affiliate has reportedly sold a Manhattan mansion for $90 million, Estate Investment Group is said to have bought a Florida site where it plans to build 200 residential units, and CBRE Global Investors has reportedly picked up an Illinois apartment building for $46.9 million.

  • February 14, 2018

    Winston Helps Wells Fargo With $50M Brooklyn Property Loan

    Winston & Strawn LLP represented Wells Fargo Bank NA in connection with its $50 million loan to Achs Management Corp. for an apartment building with a retail component on Atlantic Avenue in Brooklyn, according to records made public in New York on Wednesday.

  • February 14, 2018

    Aerogroup Gets Nod For New $23M Stalking Horse Bid

    A Delaware bankruptcy judge on Wednesday allowed a hedge fund to put in a $23 million floor bid at an auction for shoe retailer Aerogroup International Inc.’s assets, rejecting a challenge from a multiparty group that had previously been picked as the stalking horse bidder.

  • February 14, 2018

    Montblanc Wins $32M Default Judgment Against Counterfeiter

    A Virginia federal judge has awarded Montblanc-Simplo GmbH $32.15 million in its suit alleging a website operator violated trademark laws by selling counterfeit Montblanc products, granting default judgment to the German luxury goods company after the accused web user never responded to the complaint.

  • February 14, 2018

    Mushroom Farms To Settle Price-Fixing MDL Class Action

    A Pennsylvania federal judge on Wednesday granted preliminary approval to two mushroom farms looking to pay a combined $375,000 to settle out of broader class-action multidistrict litigation accusing growers and sellers of the fungi of a price-fixing conspiracy.

  • February 14, 2018

    PE-Backed Blank Check Co. Leo Holdings Prices $200M IPO

    Leo Holdings Corp., a U.K. blank check company affiliated with private equity firm Lion Capital LLP, raised $200 million Tuesday in a downsized initial public offering that is intended to help fund the acquisition of a consumer retail company.

  • February 14, 2018

    Ex-NFLer's Pot Decriminalization Suit Hits Possible Snag

    A Manhattan federal judge expressed sympathy Wednesday with the medical marijuana movement's frustration over the failure of leaders in Washington, D.C., to acknowledge the plant's benefits, but he warned he may not have jurisdiction over a former NFL star's suit demanding decriminalization.

  • February 14, 2018

    Fitbit Settles Trademark Suit With Alleged Counterfeiters

    Fitbit Inc. and several of the companies that it accused of selling counterfeit versions of its products asked a California federal judge Tuesday to rule that a confidential settlement between them is fair.

  • February 14, 2018

    Midas Parent's GC Sanctioned For Practicing On Suspension

    The general counsel for car parts giant and Midas parent TBC Corp. got a two-year stayed suspension in Ohio on Tuesday for practicing out-of-state amid previous suspensions for failing to keep up with his continuing legal education obligations.

  • February 14, 2018

    Circle K Training Videos Infringe Copyright, Suit Says

    Convenience store giant Circle K Stores Inc. on Tuesday was hit with a copyright infringement suit by a company that makes employee training videos for allegedly copying and distributing several videos to stores nationwide as part of mandatory training.

  • February 14, 2018

    British Apparel Co., CEO Fined $900K For Customs Dodging

    An England-based e-retailer of luxury cashmere and fashion apparel and its CEO have agreed to pay the U.S. government more than $900,000 to resolve allegations the company evaded U.S. customs duties on merchandise shipped to the U.S.

  • February 13, 2018

    BMW Driver Tells 9th Circ. Noisy Brakes Are Safety Concern

    A BMW driver told the Ninth Circuit on Tuesday that the noise generated by his car’s squealing brakes poses a safety concern the company had a duty to disclose, and urged the court to revive his fraud class action.

  • February 13, 2018

    AmEx Ignoring Court Findings, Justices Hear In Antitrust Row

    A group of 11 states pressed forward with its attack on contract provisions that prevent merchants from steering customers to other credit cards in an antitrust case before the U.S. Supreme Court, accusing American Express Co. of ignoring a trial court’s findings.

  • February 13, 2018

    Sherwin-Williams Deck Coatings Don't Hold Up, Suit Says

    Paintmaker Sherwin-Williams was sued Tuesday by an Illinois homeowner who says its deck sealants can fail within months and that her own deck was left in worse shape than before after she twice applied a Sherwin-Williams sealant and it twice failed.

Expert Analysis

  • 2 'Pass-Through' Hurdles For Indirect Purchaser Plaintiffs

    Jon Tomlin

    As several recent decisions demonstrate, indirect purchaser plaintiffs aiming to establish that any price-fixing overcharges imposed by manufacturers were ultimately “passed through” to them face a formidable economic task, says Jon Tomlin of Navigant Consulting.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Auto-Renewal Cases — They Just Keep Coming

    Stephanie Sheridan

    In light of increased recent scrutiny from the California Legislature, local and federal governments, and the plaintiffs bar, retailers offering subscriptions and other auto-renewal programs should closely review their advertisements, sign-up procedures and confirmation materials to make sure they are protected from litigation, say Stephanie Sheridan and Meegan Brooks of Steptoe & Johnson LLP.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • The Latest On TCPA Exemption For Health Care-Related Calls

    Alan Wingfield

    If an Ohio federal court's recent ruling in Lindenbaum v. CVS Health is followed by other courts, the long-term effect of the decision has the potential to classify many, if not almost all, health care-related calls subject to the Telephone Consumer Protection Act’s emergency exemption and, thus, outside of liability, say attorneys with Troutman Sanders LLP.

  • Witness Preparation Also Requires Witness Training

    Ric Dexter

    A witness who has been told what to do and what not to do will be ineffective at best. Instead, witnesses must be taught how to handle the process, and how to approach the answer to every question that they encounter. These are new skills, and they must be practiced in order to be learned, says Ric Dexter, an independent litigation consultant.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Omnicare Settlement: Outlier Or Beginning Of Broader Trend?

    Alexander Batoff

    The U.S. Department of Justice’s Immigrant and Employee Rights Section recently finalized a settlement involving an asylum discrimination claim against Omnicare. The case is a good reminder that employers should carefully consider including appropriate defense and indemnification language in contracts with third parties, says Alexander Batoff of Obermayer Rebmann Maxwell & Hippel LLP.

  • Del. Walmart Ruling Might Bring New Derivative Strategies

    Jonathan Richman

    The Delaware Supreme Court's recent decision in a Walmart derivative suit should enhance defendants' ability to obtain dismissal of duplicative derivative actions on preclusion grounds. The ruling might also cause plaintiffs to take steps to appear in multiple forums to avoid preclusion risks, says Jonathan Richman, co-head of the securities litigation group at Proskauer Rose LLP.