Retail & E-Commerce

  • December 5, 2017

    EU Adopts Rules To Revamp VAT System For Online Sales

    The Council of the European Union on Tuesday adopted regulations to overhaul its antiquated value-added tax system so that certain online sales from countries outside the EU no longer will be exempt from the tax and to reduce compliance costs for businesses.

  • December 5, 2017

    Crocs Wants Apology For Repeated Lawsuits

    Crocs Inc. asked a Nevada federal judge for sanctions on Monday against a Canadian footwear company, including an apology, arguing that this is the third time it has improperly sued Crocs to obtain litigation leverage in separate proceedings and a “free pass” for disparaging media coverage.

  • December 5, 2017

    MP Challenges Toys R Us On Pensions Ahead Of Closures

    An influential British lawmaker has demanded answers from Toys R Us about the health of its pension scheme after the troubled retail chain earmarked "at least" 26 U.K. stores for closure.

  • December 4, 2017

    Toys R Us Defends Updated $21M Exec Bonus Proposals

    Toys R Us Inc. urged a Virginia bankruptcy court on Monday to support a bonus plan that could reward top executives with up to $21 million if certain earnings targets are met, saying the federal bankruptcy watchdog is the only objector now that creditors have all agreed to support the plan.

  • December 4, 2017

    CVS, Aetna Seek Health Care Industry Shakeup With Megadeal

    CVS Health’s acquisition of Aetna sets the health care industry on a potentially transformative path and highlights the urgency with which companies are attempting to grow in order to combat competitors, and while the transaction doesn’t set off the traditional antitrust alarm bells, there are still reasons regulators might be wary.

  • December 4, 2017

    Whole Foods Infringed TM, Health Food Co. Tells 9th Circ.

    A New Zealand health food company urged a Ninth Circuit panel Monday to revive its suit accusing Whole Foods of infringing its “Eatright” trademark, saying it didn’t unreasonably wait before suing, and even if it had, the grocer hadn’t made significant investments in the phrase during the alleged delay.

  • December 4, 2017

    Target, Kraft Needn't Share Docs In Parmesan Labeling Fight

    An Illinois federal judge won’t make Kraft Heinz, Target and other companies turn over information while he weighs claims they misled consumers by labeling cans containing Parmesan and fillers “100% grated Parmesan cheese,” saying the expense isn’t necessary at this point.

  • December 4, 2017

    5th Circ. Won't Rehear Intervention Bid In Walmart Bias Case

    In a split decision Friday, the Fifth Circuit declined to rehear its decision stating that a lower court had the authority to hear a motion by female Walmart employees to intervene in a settled gender discrimination putative class action.

  • December 4, 2017

    Burberry Escapes Class Action Over Pricing At Outlets

    Burberry on Friday won out of a suit brought by a proposed class of shoppers who claim the luxury retailer’s outlet stores misled them into believing they were purchasing goods at a bargain, as a New York federal judge ruled the consumers did not suffer an actual injury.

  • December 4, 2017

    Sidley, Stroock Steer $217M Loan For Brooklyn Property

    Sidley Austin LLP represented M&T Bank in connection with its roughly $217.3 million loan to Stroock & Stroock & Lavan LLP-counseled Midtown Equities LLC for a mixed-use project in Brooklyn's DUMBO neighborhood, according to records made public in New York on Monday.

  • December 4, 2017

    Tax Pros Think Supreme Court Won't Take On Quill

    Hopes for long-sought clarity in the battle between states and retailers over the collection of sales taxes for online purchases will likely be dashed, a panel of experts said Monday, predicting the Supreme Court is not likely to grant petition of certiorari to hear South Dakota v. Wayfair.

  • December 3, 2017

    Tax Bill’s Swift Passage May Create Legal Quandaries

    The accelerated course of the Republicans’ $1.4 trillion tax cut bill, heralding some of the most sweeping changes for corporations in decades, has created ambiguities that could take years to iron out while the process to reconcile differences between the House and Senate versions of the bill will leave nothing sacrosanct, including the cardinal 20 percent corporate tax rate.

  • December 3, 2017

    CVS Inks $69B Takeover Of Aetna

    CVS Health Corp. unveiled a $69 billion deal for Aetna Inc. on Sunday, paving the way for a union of a major pharmacy operator and a health insurance giant after Aetna saw its own takeover of a rival implode amid antitrust scrutiny earlier this year.

  • December 2, 2017

    Senate Passes $1.4 Trillion Tax Cut Legislation

    The U.S. Senate passed an expansive tax cut bill early Saturday that is projected to add more than $1 trillion to the deficit, after garnering enough support from faltering and fiscally conservative Republicans.

  • December 1, 2017

    Store Fights Fee Award In Creek Cleanup Suit At 1st Circ.

    A Massachusetts federal judge erred when he “drastically” reduced a supermarket’s request for $3 million in attorneys’ fees from a remediation partner in a lawsuit over the environmental cleanup of a Boston brook, the store told the First Circuit on Thursday, arguing it deserved the money even if its lawyers’ work benefited other parties.

  • December 1, 2017

    Coach Ripped Off Pin, Patch Designs, Fashion Co. Says

    Eclectic fashion company Mokuyobi Threads LLC sued Coach Inc. in Illinois federal court Thursday, alleging that the luxury handbag maker stole its designs for pins and patches featured in a recent collection.

  • December 1, 2017

    Moosejaw, Casper Use Firm To Wiretap E-Visitors, NYer Says

    Days after lobbing wiretapping claims at mattress seller Casper, a New York resident hit Moosejaw and an online marketing company with a substantially similar proposed class action Thursday alleging that the outdoor retailer’s website secretly tracked visitors’ keystrokes and clicks in the hopes of uncovering their identifying information.

  • December 1, 2017

    Ex-Fashion Co. Employee Gets Win On Contract Breach Claim

    A New York federal judge on Friday handed a win to a former E-Lo Sportswear LLC employee on her claim that she is owed nine months' severance pay after she was terminated, finding that there was a legally binding agreement.

  • December 1, 2017

    Exelco Ch. 15 Reps Join Calls To Throw Out Ch. 11 Case

    The foreign representatives for diamond cutter and wholesaler Exelco NV’s pending Chapter 15 case, who were appointed by a court in Belgium, joined the calls to have a competing earlier Chapter 11 case thrown out late Thursday, arguing that the initial bankruptcy filing was lodged in bad faith.

  • December 1, 2017

    UK Court Finds Supermarket Chain Liable In Data Breach Case

    A U.K. High Court judge on Friday ruled that supermarket chain Morrisons is partly liable for a staffer’s theft of the payroll data of nearly 100,000 of his fellow employees, finding that the company was vicariously liable to a class of employees as the data theft occurred during the course of the man’s employment.

Expert Analysis

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Key Considerations Before Leasing To Cannabis Businesses

    Joshua Schneiderman

    Beginning in 2018, licensed businesses will be authorized under California law to cultivate, manufacture, distribute and sell cannabis, presenting unique business opportunities to landlords. However, landlords must be aware of common pitfalls in cannabis business leases, say Joshua Schneiderman and Katherine Annuschat of Snell & Wilmer LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • An Uptick In Customer-Suit Exception After TC Heartland?

    Matthew Zorn

    One speculated consequence of TC Heartland is that patentees may choose to file lawsuits against other parties in the supply chain. If customer suits increase, practitioners and in-house counsel should become familiar with the “customer-suit exception” — an area that academics have called “forgotten” and in “relative disuse,” says Matthew Zorn of Yetter Coleman LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Series

    What I Learned In My 1st Year: Get Real, But Get It Right

    Dawn Reddy Solowey

    At my first job out of law school, I handled prepublication review of stories for local TV news and newspapers. With little time for legal research, I had to know the rules cold, how to apply them, and how to make judgment calls when the answer was more gray than black or white, says Dawn Reddy Solowey of Seyfarth Shaw LLP.

  • A Partial But Significant Tax Victory For Tribal Casinos

    Timothy Evans

    A South Dakota district court's recent decision in Flandreau v. Gerlach prevented the state's imposition of a use tax on purchases by nonmembers of goods and services at the tribe's on-reservation casino and related amenities. This case emphasizes the dual taxation problem that tribes should seek to have addressed through federal legislation once and for all, say Timothy Evans and Kathleen Nilles of Holland & Knight LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.