Retail & E-Commerce

  • May 15, 2018

    Costco Job Applicant Defends Challenge To Cannabis Policy

    A Costco Wholesale Corp. job applicant urged a Minnesota federal judge Monday not to toss his proposed class action accusing the retailer of wrongly denying applicants employment because of medical marijuana use, arguing that he had a right to sue under the state’s civil rights law.

  • May 15, 2018

    Rent-A-Center Blasts Investors' Cert. Bid In Stock-Drop Suit

    Rent-A-Center Inc. on Monday asked a Texas federal judge not to certify a group of investors alleging the furniture and electronics rent-to-own giant's stock tumbled when problems with the rollout of a new sales transaction system surfaced, saying the suit lacks a common thread of reliance and is plagued by competing damages calculations.

  • May 15, 2018

    Real Estate Rumors: Syska Hennessy, Aqua Marine, Triple 5

    Engineering technology firm Syska Hennessy Group is reportedly leasing 55,000 square feet in New York from real estate investment trust SL Green, Aqua Marine Partners is said to be seeking to build 343 residential units in Florida and developer Triple Five Group is reportedly buying a Miami development site where it plans to build retail and residential space.

  • May 15, 2018

    9th Circ. Set To Weigh Fraud Coverage In Office Depot Row

    The Ninth Circuit will hear arguments Wednesday over whether a California law precluding coverage for willful acts means an AIG unit does not have to cover Office Depot’s defense and settlement costs in a suit alleging it overbilled public agencies, in a case that could have a broad impact on the availability of insurance for fraud-based claims.

  • May 15, 2018

    Burger King Hit With Civil Rights Suit Over 'Fake' $10 Bill

    Burger King Corp. was hit with a nearly $1 million civil rights suit Tuesday in a Massachusetts state court by a homeless black man who says he was arrested and jailed for three months after trying to buy breakfast with a $10 bill a restaurant employee said was fake, but turned out to be real.

  • May 14, 2018

    Real Estate Rumors: LeBron James, Blackhawk, FoxRock

    LeBron James is reportedly part of a celebrity group that's invested in a New York office building, Blackhawk Properties & Investments is said to have landed a $32.5 million construction loan for a Florida office and retail project and FoxRock Properties has reportedly dropped $22.75 million on a Florida office building.

  • May 14, 2018

    AT&T Biased Against Pregnant Sales Staff, Ex-Workers Say

    Two former employees of AT&T's mobile phone subsidiary have accused it of discriminating against pregnant retail store employees by having a companywide policy that penalizes them for absences or lateness related to pregnancy or childbirth, according to court papers filed Monday.

  • May 14, 2018

    DoorDash, Boston Driver Clash On Legality Of Class Waiver

    Counsel to restaurant-delivery service DoorDash and a Boston-area driver who filed a class action lawsuit against the company for allegedly lost wages wrangled in a Boston courtroom Monday over the legality of a contract clause waiving workers’ rights to collectively sue their employer.

  • May 14, 2018

    NRA Can't Use Pseudonyms In Suit Challenging Fla. Law

    A Florida federal judge ruled Sunday that the National Rifle Association can't use pseudonyms for plaintiffs in litigation challenging a provision banning firearm sales to anyone younger than 21 that was passed in response to the shooting that left 17 dead at Marjory Stoneman Douglas High School.

  • May 14, 2018

    Giants, Manning Reach Deal In Memorabilia Suit With Dealer

    The New York Giants have reached a deal with a sports memorabilia dealer to resolve a New Jersey state court suit alleging the team exposed him to criminal charges to cover up how its equipment staff and quarterback Eli Manning knowingly peddled fake game-worn memorabilia, a team spokeswoman said Monday.

  • May 14, 2018

    Rockport Hits Ch. 11, Plans To Sell Wholesale Business

    Comfort footwear maker The Rockport Company LLC filed for Chapter 11 protections Monday in Delaware, listing $287 million of funded debt obligations and planning a sale of its global wholesale and e-commerce assets that will likely leave its retail operations on the chopping block.

  • May 14, 2018

    MacBook Buyers Say Apple Sells Faulty 'Butterfly' Keyboards

    MacBook Pro buyers hit Apple Inc. with a putative class action in California federal court on Friday, alleging that the tech giant knew the so-called "butterfly" keyboards on its laptops were prone to failure but continued to release them anyway.

  • May 14, 2018

    Southeastern Grocers' $1.3B Ch. 11 Plan Gets Nod In Del.

    Southeastern Grocers LLC secured court approval on Monday in Delaware for its more than $1.3 billion Chapter 11 reorganization plan, which among other features will swap $522 million in unsecured note debt for equity and put the Florida-headquartered business under new control.

  • May 14, 2018

    Wine Buyers Urge Judge To OK Deal Over Bogus Discounts

    Three of the consumers in a proposed class action accusing an online wine retailer of offering bogus discounts by inflating “original” sales prices have urged a New Jersey federal judge to approve a settlement deal she’d rejected, saying they’re willing to accept coupons for future purchases. 

  • May 14, 2018

    Asus Sets Aside €65M For European Pricing Settlement

    Taiwanese electronics maker Asus has revealed that it has set aside €65 million ($77.7 million) for a settlement with European competition enforcers over an investigation into allegations that it restricted the prices online retailers can charge for its products.

  • May 14, 2018

    Justices Back Unlisted Driver Over Search Of Rental Car

    The U.S. Supreme Court on Monday reversed a lower court's ruling that a man driving his fiancée's rental car did not have a reasonable expectation of privacy because he was not on the rental agreement, resolving a circuit split and lending hope to his appeal of a 10-year prison sentence on drug charges.

  • May 11, 2018

    Glassdoor Says Beer Vendor Can't Sue Over Bad Reviews

    Glassdoor Inc. asked a Massachusetts federal court Friday to dismiss a suit brought by a craft beer retail company over negative comments posted on the website, which allows workers to review their jobs, saying they are immune under federal communications law.

  • May 11, 2018

    Wayfair Halted Online Tax Work, House Panel Counsel Says

    Congressional negotiators were working on a compromise solution for regulating online taxation when the U.S. Supreme Court agreed to review South Dakota v. Wayfair, which brought talks to a halt, the chief counsel to the House Judiciary chair said Friday.

  • May 11, 2018

    Sale Delay Sought In Ch. 11 Tied To Alleged Indian Fraudster

    A government agency in India and a national bank claiming it was defrauded by billionaire Nirav Modi are seeking to postpone the sale of Modi's insolvent U.S. jewelry businesses, citing their apparent connections to the fraud as well as failed efforts to garner substantial interest from bidders.

  • May 11, 2018

    Amazon Device Draws Concerns From Lawmakers, Groups

    A Massachusetts senator and Texas representative wrote to Amazon with questions about privacy issues surrounding its new Echo Dot Kids Edition on Friday, the same day advocacy groups released a statement urging parents not to buy the voice-activated digital assistant device.

Expert Analysis

  • Don’t Sleep On The Dormant Commerce Clause

    Stephen McConnell

    The Fourth Circuit recently held that a Maryland statute, which prohibited drugmakers and distributors from charging an "unconscionable" price even on sales that occurred outside the state, was a violation of the dormant commerce clause. We cannot read this case without daydreaming about how its logic might apply to other cases, says Stephen McConnell of Reed Smith LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Opinion

    A Solution To China’s Counterfeiting Problem

    Amy Hsiao

    How can we stop fake versions of products from circulating throughout China? The answer might come from the internet of things and the Quick Response code, say Amy Hsiao of Swanson and Bratschun LLC and Samuel Speed of Yingke Law Firm.

  • Opinion

    Suing Gun Makers Is Not The Way To Curb Gun Violence

    Victor Schwartz

    Those seeking to stop gun violence should focus on convincing their elected representatives to enact thoughtful gun regulation, not creating new lawsuits. Repealing the Protection of Lawful Commerce in Arms Act, as some have called for, would trample the rights of product manufacturers and siphon the blame away from criminals, says Victor Schwartz, co-chair of the public policy group at Shook Hardy & Bacon LLP.

  • Recent Decisions Could Fuel Escheatment Audits

    Valerie Hletko

    The centuries-old, common-law principles by which sovereign entities take unclaimed or abandoned property are coming under renewed scrutiny in the U.S., as states pursue different policies that threaten to trigger legal disputes. Companies whose businesses give rise to these types of property — including issuers of prepaid, gift and stored-value cards — may find themselves caught up in these disputes, say Valerie Hletko and Mark Rooney of Buckley Sandler LLP.

  • Proactively Preparing For The Post-Quill World

    Charles Maniace

    Regardless of the U.S. Supreme Court's ultimate decision in South Dakota v. Wayfair, state-specific sales and use tax rules will continue becoming more complex. Businesses and governments should be taking steps now to meet the major compliance challenges that are on the horizon, says Charles Maniace, director of regulatory analysis at Sovos Compliance LLC.

  • A Closer Look At Economic Issues In Food Labeling Cases

    Peter Rankin

    In recent food labeling cases, class action plaintiffs have claimed that inappropriate labeling affected consumer decision-making. Economists with Charles River Associates discuss issues with these types of allegations from an economic perspective.

  • AI Creates Legal Challenges For The Fashion Industry

    William Forni

    Artificial intelligence is playing a growing role in the product development, marketing and sales strategies of fashion designers and retailers. This revolution brings uncertainty in the areas of trade secret protection, traditional intellectual property rights and privacy law, say William Forni of Calvin Klein, and Ben Quarmby and Daniel Michaeli of MoloLamken LLP.

  • Opinion

    The Historic Legal Blunder That Enabled Our Gun Epidemic

    Robert W. Ludwig

    In a recent op-ed, former U.S. Supreme Court Justice John Paul Stevens called for repealing the Second Amendment to help combat our nation's gun epidemic. Actually, it is the high court's ruling in District of Columbia v. Heller that is the problem. And it is only one court case away from being renounced as the historic blunder it is, says Robert W. Ludwig, counsel for the American Enlightenment Project.

  • Companies Can’t Afford To Ignore Accessibility

    John Capobianco

    Last year saw the fifth consecutive year of growth in the number of Americans with Disabilities Act lawsuits. Given the financial and reputational costs of such litigation, business owners and operators would be wise to evaluate current practices regarding accessibility and accessible services for deaf and hard-of-hearing patrons, says John Capobianco of VITAC Corporation.