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Retail & E-Commerce

  • August 8, 2018

    EEOC Slaps Ga. Piggly Wiggly With Sexual Harassment Suit

    The U.S. Equal Employment Opportunity Commission on Wednesday said it has filed suit against the operator of a now-shuttered Piggly Wiggly in Hogansville, Georgia, claiming the grocery store refused to take action when two female employees complained of sexual harassment and ultimately fired the victims for speaking up.

  • August 8, 2018

    H&M Workers Win Bag Check Cert. After Starbucks Ruling

    A California federal judge granted class certification Wednesday to some claims that H&M doesn't pay workers for time spent in security checks, finding under the California Supreme Court’s recent Troester v. Starbucks decision that the clothing chain can't argue its inspections were too short to trigger legal liability.

  • August 7, 2018

    J&M Sales Will Seek Restructuring In Ch. 11 Case

    Bankrupt discount retailer J&M Sales Inc. will pursue a restructuring path in its Chapter 11 case, debtor attorneys told a Delaware judge Tuesday, but is keeping options open for an asset sale or liquidation as it struggles with a heavy debt load.

  • August 7, 2018

    Counterfeit Ring Sold $73M In Fake Jordans, Feds Say

    A Nike investigation has led to the arrest of five individuals who prosecutors say are responsible for hawking more than 380,000 pairs of fake Air Jordan sneakers worth an estimated $73 million, according to a complaint filed in a New York federal court.

  • August 7, 2018

    Cabela’s Sued Over Sale Of Murder Weapon To Felon

    The mother of a murder victim accused the outfitter chain Cabela’s of selling the gun that killed him to a convicted felon, according to a suit filed in Ohio court Tuesday.

  • August 7, 2018

    PE Firms Trade Fraud Claims In Chancery Over $115M Deal

    Two private equity firms traded fraud and perjury accusations Tuesday during post-trial arguments over allegedly false or distorted seller disclosures before the $115 million sale of then-troubled e-payment processing company Plimus Inc. in late 2011.

  • August 7, 2018

    Jewelry Co. Hits Ch. 11 Amid Indian Bank Fraud Allegations

    Chain retailer Samuels Jewelers Inc. filed for Chapter 11 bankruptcy in Delaware on Tuesday, claiming that allegations of bank fraud against executives of its parent company in India — including the uncle of alleged fraudster Nirav Modi — have damaged the business and worsened its financial struggles.

  • August 7, 2018

    Cosmetics Co. Asks Judge To Nix Used-Makeup Class Action

    Ulta Beauty Inc. asked an Illinois federal judge late Monday night to toss a putative class action over its alleged sale of used, repackaged products, saying the suit lobs too vague claims on behalf of too broad a class.

  • August 7, 2018

    Dollar General Loses Appeal Of Diabetic Worker’s Bias Verdict

    The Sixth Circuit on Tuesday upheld a $277,000 verdict obtained by the U.S. Equal Employment Opportunity Commission and a diabetic former Dollar General cashier who was fired after drinking orange juice at her register during a medical emergency before she paid for it.

  • August 7, 2018

    Deals Rumor Mill: Advent, Alibaba, HNA

    Advent International is reportedly making moves to sell Genoa Healthcare, Alibaba plans to ramp up its rivalry with Meitang Dianping by merging a pair of food delivery units, and HNA Group is in negotiations to sell a roughly 30 percent stake in Avolon Holdings.

  • August 7, 2018

    Google Pix Exclusion OK'd In Texas Inflatable Man Injury Trial

    A Texas appeals court on Tuesday affirmed a defense verdict in a suit that accused a mattress store of negligently placing an inflatable advertising “tube man” that allegedly caused a woman’s fall and serious injury, saying the trial judge properly excluded as evidence Google Earth satellite photographs, citing lack of authentication.

  • August 7, 2018

    SD Gov. Calls Special Legislative Session On Sales Tax Law

    South Dakota’s governor on Tuesday called a special session to draft legislation in the wake of his state’s victory in the Wayfair case, with the goal of having remote sellers begin collecting and remitting sales tax to the state by Oct. 1.

  • August 7, 2018

    Real Estate Rumors: Mack, Midtown Capital, Riviera Resort

    Mack Real Estate Credit Strategies has reportedly loaned $125 million for a Brooklyn residential and retail project, Midtown Capital is said to have bought a Florida office property for $14.75 million, and Riviera Resort Club Developers is said to have sold a shuttered Florida hotel for $17.27 million.

  • August 6, 2018

    2nd Circ. Nixes $371M Antitrust Suit Against Time, Hearst

    The Second Circuit rejected a defunct magazine wholesaler’s attempt to revive its $371 million antitrust suit against magazine publishers including Time and Hearst, finding in a decision made public Monday that there was insufficient evidence that the publishers conspired to put it out of business.

  • August 6, 2018

    MMA Fighter's Suit Over Dietary Supplements Limps Forward

    A New York federal judge on Monday trimmed down a mixed-martial artist's suit alleging that dietary supplements sold at Vitamin Shoppe contained illicit anabolic steroids and caused him to be suspended from a league, saying that a regulatory filing isn't an advertisement aimed at consumers.

  • August 6, 2018

    Texas Retailers Sue USDA to Keep SNAP Data Confidential

    The Texas Retailers Association filed suit against the U.S. Department of Agriculture on Monday, urging a Texas federal judge to revisit an earlier court's “stale” ruling concerning the release of certain data about participation in the Supplemental Nutrition Assistance Program now that online retailers can participate in the program.

  • August 6, 2018

    Fed. Circ. Backs CIT In Dispute Over Tariffs For LED Candles

    The Federal Circuit found Monday that LED candles imported by The Gerson Co. are subject to a higher tariff for products classified as lamps, rejecting the company’s arguments that its imported merchandise falls under the category of electrical machines.

  • August 6, 2018

    Aerogroup Creditor Agrees To Halt Foreclosure Action

    An attorney for bankrupt shoemaker Aerogroup International Inc. told a Delaware judge Monday that a post-petition lender had agreed to drop its efforts to foreclose on estate property to allow potential litigation against a company that had backed out of a deal to buy Aerogroup’s assets earlier this year.

  • August 6, 2018

    Retailer J&M Sales Opens Del. Ch. 11 With $110M Debt

    Discount store holding company J&M Sales Inc. on Monday filed for Chapter 11 in Delaware bankruptcy court, saying it will close 74 stores nationwide as part of its attempt to get out from under $110 million in debt.

  • August 6, 2018

    Gucci Cites 'Mountain Of Evidence' Against Forever 21

    Gucci America Inc. argued Friday in California federal court it is entitled to a jury trial to prove that Forever 21 Inc. infringed the trademark rights to its triple-stripe design, pointing to a “mountain of evidence” that the fast-fashion company intentionally created knockoff garments.

Expert Analysis

  • Looking For Answers On Call-In Scheduling In Calif.

    Kalcheva_Desi_01.jpg

    After nearly four years of litigation in California federal court, Samantha Jones v. Abercrombie & Fitch is on the cusp of settlement. But depending on whether it's approved, the issue of call-in time as reporting time for purposes of employee compensation in California may still remain unanswered, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.

  • Retail Commercial Real Estate Is Evolving, Not Dying

    Jared Oakes

    Headlines in 2018 suggest that dozens of retailers are failing and that retail commercial real estate is dead or dying. However, in fact retail CRE is experiencing possibly its most volatile period of change ever, as developers and landlords search for ways to remain relevant to modern consumers, say Jared Oakes and Barry Guttman of Benesch Friedlander Coplan & Aronoff LLP.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • NY Tax Minutes: July

    Timothy Noonan

    In the first monthly installment of NY Tax Minutes, Timothy Noonan and K. Craig Reilly of Hodgson Russ LLP discuss the South Dakota v. Wayfair Inc. decision, New York's part in the state and local tax deduction cap lawsuit against the federal government and recent guidance on hedge fund compensation.

  • Possible Defects In California's New Privacy Law

    Peter Pizzi

    The California Consumer Privacy Act — the first attempt of any U.S. state to endow residents with strong rights regarding the collection and use of their data — is rife with kinks to be sorted out. None looms bigger than the First Amendment infirmities, says Peter Pizzi of Walsh Pizzi O'Reilly Falanga LLP.

  • 1st Circ.'s Uber Ruling Imposes Burdens On App Design

    Geoffrey Wyatt

    Courts have generally recognized that online contracts can be enforced like any other agreements, but a June decision from the First Circuit invalidates an arbitration clause in an electronic contract simply because the link provided was in the wrong font and color. This decision fundamentally misunderstands the nature of internet commerce, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Who Can Decide Whether 'Class Arbitration' Is Authorized?

    Gilbert Samberg

    In Lamps Plus v. Varela, the U.S. Supreme Court will decide next term whether an arbitration agreement that says nothing about class arbitration can be interpreted to constitute consent by the parties. But it's currently unclear if the Supreme Court will specify who can actually decide that question, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Website Accessibility Suits Threaten Omnichannel Sales

    Alan Behr

    Retailers and others with consumer websites that support physical sales facilities are being hit with lawsuits claiming that their websites exclude the visually impaired in violation of federal law. But thus far, federal courts have disagreed on whether a website is a “place of public accommodation,” say Alan Behr and Rachel Bandli at Phillips Nizer LLP.

  • Are California’s Economic Sourcing Rules The Next Wayfair?

    Gabrielle Hirz

    During the long debate over the physical presence standard for sales and use tax, a quiet revolution in corporate income tax has taken place — the shift to market-based sourcing for services income. Now that the U.S. Supreme Court has overruled physical presence, will market-based sourcing be the next state tax debate? ask Gabrielle Hirz and Michael Benison of Ropes & Gray LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.