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Retail & E-Commerce

  • October 16, 2018

    NLRB Puts Out Quartet Of Obama GC's Advice Memos

    The National Labor Relations Board general counsel’s office put out a series of Obama-era opinions Monday on hot-button labor issues including dress codes, workplace video recordings and strike replacements. 

  • October 16, 2018

    Real Estate Rumors: Madison Realty, Sard Verbinnen, CBS

    Madison Realty Capital has reportedly loaned $36.1 million for a New York residential and retail project, Sard Verbinnen & Co. is said to be taking 65,000 square feet of space in New York, and CBS is reportedly selling its Los Angeles production studio and may get more than $700 million for the property.

  • October 16, 2018

    Monex Slams CFTC’s 'Jurisdictional Overreach' In 9th Circ.

    Metals brokerage Monex Credit Co. criticized the Commodity Futures Trading Commission on Monday for what it called “blatant and limitless” jurisdictional overreach in the agency’s attempt to have the Ninth Circuit reverse the dismissal of its $290 million fraud case against Monex based on arguments that Congress has expressly rejected.

  • October 16, 2018

    Sens. Urge FTC To Take Harder Line On 'Made In USA' Labels

    Three Senate Democrats have sent a letter to the Federal Trade Commission urging it to fully enforce its “Made in the USA” labeling standards in the wake of recent agency decisions to settle with companies that allegedly marketed foreign-made goods as domestically produced.

  • October 16, 2018

    Brazilian Fintech Startup Preps $1.1B IPO Led By Davis Polk

    Brazilian digital payments processor StoneCo Ltd. on Tuesday launched an estimated $1.1 billion initial public offering, represented by Davis Polk & Wardwell LLP, hoping to capitalize on growing demand for financial technology services being provided outside of traditional banks.

  • October 16, 2018

    Teamster Pension Fund Says Tops Hasn't Honored Ch. 11 Deal

    A Teamsters pension fund on Monday asked a New York bankruptcy court to force bankrupt grocery chain Tops Markets LLC to turn over documents related to an earlier lawsuit against a closely associated vendor, arguing that Tops is violating the terms of a May settlement by refusing to do so.

  • October 16, 2018

    Instacart Receives $600M In Funding Led By D1 Capital

    Grocery delivery service Instacart received $600 million in a financing round led by investment management firm D1 Capital Partners, raising the company's valuation to $7.6 billion, the companies said on Tuesday.

  • October 16, 2018

    The Path To Becoming A Supreme Court Advocate

    A look at the careers of attorneys who have dominated oral advocacy at the U.S. Supreme Court over the last decade shows a similar path for men and women, with a few key differences. Here’s how the top 10 male and female advocates stack up.

  • October 15, 2018

    Nine West Creditors Ask To Sue Sycamore For LBO Losses

    The unsecured creditors of Nine West Holdings Inc. on Saturday asked a New York bankruptcy court for permission to file more than $1 billion in claims against company owner Sycamore Partners for allegedly stripping the company’s assets and sending it into Chapter 11.

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t.

  • October 15, 2018

    Sears Authorized To Tap DIP Loan In 1st Day Of Ch. 11

    Sears Holdings Corp. accomplished an early set of goals Monday shortly after announcing it had filed for bankruptcy to reshape its physical footprint and reduce a debt load of more than $11 billion, receiving court permission to access $300 million in new financing from its existing lenders.

  • October 15, 2018

    Real Estate Rumors: Midtown Capital, McSam, City National

    Midtown Capital Partners has reportedly bought a Florida retail center for $78.2 million, McSam Hotel Group is said to have landed $76 million in financing for a New York project, and City National Bank of Florida has more than doubled its footprint at a Miami tower.

  • October 15, 2018

    Calif. Law Allows Remote Sellers Tax Collection, Agency Says

    California’s existing “long-arm” nexus statute provides sufficient authority for the nation’s most populous state to move forward with remote seller provisions, the head of one California tax agency said Monday.

  • October 15, 2018

    Dentist, Tooth Aligner Co. Hit Ala. Board With Antitrust Suit

    A licensed dentist in Alabama and a company that makes teeth aligners have hit the Board of Dental Examiners of Alabama with an antitrust suit alleging it exceeded its authority and practiced protectionism when it ruled that the dentist and the company could not practice in the state.

  • October 15, 2018

    Burt's Bees Hit With Accessibility Suit Over Website

    Burt's Bees' website can't be interpreted by screen-reading software used by the visually impaired, according to a discrimination suit filed in New York federal court accusing the skincare company of keeping the blind from purchasing products offered for sale online.

  • October 15, 2018

    Chopra Wary Of Digital Markets' Data Tracking, In-House Rules

    Federal Trade Commission member Rohit Chopra on Monday said regulators must examine the power digital platforms and marketplaces gain from the vast amounts of data they collect and how they exercise that power to their financial or competitive advantage. 

  • October 15, 2018

    Shuttered Grocer Sues Union Over $9M Pension Payment

    A defunct Chicago-area grocery chain owned by Safeway Inc. has sued its union in Illinois federal court, saying the workers won’t write off $9 million in pension fund payments the company made before going under.

  • October 15, 2018

    Sherwin-Williams, ConAgra Denied Cert In Lead Cleanup Suits

    The U.S. Supreme Court on Monday denied appeals by Sherwin-Williams, ConAgra and NL Industries seeking to overturn public nuisance judgments that held the companies liable for millions in remediation stemming from lead paint usage from decades before.

  • October 15, 2018

    15 Minutes With Brooks Running Co.'s General Counsel

    Brooks Running Co. is known in the sport's community for its "Run Happy" tagline. For its general counsel, Barbara Barrilleaux, the phrase means leading a healthy lifestyle overall. In the midst of the fall marathon season, she recently told Law360 which U.S. Supreme Court justice she wants to share a 20-minute run with, her favorite running route and her responsibilities as the top lawyer of the company.

  • October 15, 2018

    Sears Files Ch. 11 In NY With Sale, Store Closing Plans

    Hours away from a major default and facing pressure to liquidate, Sears Holdings Corp. took its long-struggling retail chain into bankruptcy court early Monday with more than $11 billion in debt and plans to sell assets.

Expert Analysis

  • Fighting ADA Website Suits, Without Federal Guidance

    Stephanie Sheridan

    Despite the large number of digital accessibility lawsuits — thousands in the last few years alone — brought under the Americans with Disabilities Act, there are still no bright-line rules that retailers can follow in order to avoid being targeted, say attorneys with Steptoe & Johnson LLP.

  • How New Prop 65 Amendments Impact Calif. Businesses

    Lotus Fung

    Amendments to California's Proposition 65 which came into effect in August change the law's safe harbor warning requirements and create tailored warnings for specific chemical exposures and products. Businesses must keep in mind that even an exposure below legally defined threshold levels can open them to liability, say Lotus Fung and Manuel Fishman of Buchalter PC.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Missouri Long-Arm Statute Reaches Out-Of-State Fraud

    Noemi Donovan

    A Missouri appeals court's recent decision in Good World Deals v. Gallagher squarely demonstrates that false and misleading communications with a customer in the state are enough to establish Missouri jurisdiction over a company located elsewhere, says Noemi Donovan of Baker Sterchi Cowden & Rice LLC.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • Some Safe-Harbor Provisions Remain In New Ill. Use Tax Rule

    Emily Fiore

    Illinois law requiring remote sellers with no physical presence in Illinois to register and collect use tax on sales goes into effect on Oct. 1, 2018. Emily Fiore of Akerman LLP discusses further guidance on the state’s new economic nexus statute.

  • NY Tax Minutes: September

    Timothy Noonan

    In the latest installment of their monthly column, Timothy Noonan and K. Craig Reilly of Hodgson Russ LLP revisit the ongoing battle over the SALT deduction cap, note the importance of taxpayer testimony in domicile cases, address nonaudit-related legal challenges facing taxpayers and review New York City’s better-late-than-never guidance on repatriated income.

  • 3 Key Employment Law Issues To Keep An Eye On

    Lovita Tandy

    Employment lawyers dare not turn away from their news feeds lest they miss the next critical case law update. Lovita Tandy of Tandy Legal and Bonnie Burke of Lawrence & Bundy LLC review the latest on sexual orientation discrimination, employee arbitration agreements and joint employer liability.

  • How Corporate Reputation Risk Is Exacerbating D&O Liability

    Nir Kossovsky

    At a time when the materiality of corporate reputation risk is widely recognized, but institutional safeguards against that risk are not, what are the implications for directors and officers? The current state of play is not comforting, says Nir Kossovsky of Steel City Re.