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Retail & E-Commerce

  • August 6, 2018

    Texas Gas Station Can't Use Logo After Buc-ee's TM Win

    A Texas federal judge has issued an order barring a convenience store from using its cartoon alligator logo, after a jury in May sided with popular convenience store chain Buc-ee's Ltd. in a trademark infringement row, finding the convenience store's logo infringed Buc-ee's cartoon beaver logo.

  • August 6, 2018

    EU Finance Officials To Tackle Digital Tax At Sept. Meeting

    The European Commission’s proposal to tax large digital companies will be on the agenda at an informal meeting of economic and finance officials in early September, the European Union’s current president announced after a meeting Sunday.

  • August 6, 2018

    15 Minutes With JCPenney's General Counsel

    As a law firm associate, Brandy Treadway enjoyed working with the same clients repeatedly and learning about their businesses. She didn't actively search for in-house positions, but she realized the aspects within the legal profession that interested her could be beneficial if she made the transition, and in 2011 she began her career at JCPenney. Now as the department store chain's senior vice president and general counsel, she explains why brick-and-mortar stores aren't obsolete.

  • August 3, 2018

    CVS Hits Pfizer With Antitrust Suit Over Lipitor Delay

    CVS Pharmacy Inc. launched an antitrust suit in New Jersey federal court Friday accusing Pfizer Inc. of fraudulently obtaining a patent and conspiring with Ranbaxy Laboratories Ltd. to delay generic competition to the cholesterol drug Lipitor, saying the alleged scheme cost the pharmacy giant hundreds of millions of dollars.

  • August 3, 2018

    Lowe's 401(k) Participants Fight To Save ERISA Suit

    A group of Lowe’s 401(k) plan participants told a North Carolina federal judge Friday that they adequately alleged that the home improvement retailer cost the plan $100 million in a breach of its duties under the Employee Retirement Income Security Act and urged him not to toss the case.

  • August 3, 2018

    Egyptian Cotton Consumers Owe Costs For Tardy Amendment

    A Manhattan federal judge chastised consumer lawyers Friday and said they must pay some of their adversaries’ legal fees in a proposed class action over allegedly mislabeled Egyptian cotton sheets, but said they could amend their complaint after the defendants raised issues with their case.

  • August 3, 2018

    Oaktree Slams Claire's Ch. 11 Moves, Challenges Control

    Private equity firm Oaktree Capital Management challenged Claire's Inc.'s exclusive control of its $2.1 billion Chapter 11 Friday, arguing that the jewelry retailer has backed out of an assurance that it will seriously entertain a wider range of bids for the company.

  • August 3, 2018

    Kohl's Hit With TCPA Suit Over Advertising Texts

    A Florida woman hit Kohl's Corp. with a proposed class action in Florida federal court Thursday that claims the company violated the Telephone Consumer Protection Act by sending her unsolicited text messages.

  • August 3, 2018

    Brookstone To Begin Closing Sales At All 101 Mall Locations

    Attorneys for Brookstone told a Delaware bankruptcy judge Friday that the consumer gadget retailer will begin closing sales at all 101 of its mall stores and its lone discount outlet center beginning immediately as it pursues a going concern sale for its remaining retail and e-commerce assets.

  • August 3, 2018

    Allstate’s Electrolux Dryer-Fire Claims Spread Over States

    A Pennsylvania federal court on Friday dropped most of the claims Allstate Insurance brought against Electrolux Home Products Inc. over fires sparked by allegedly defective clothes dryers, and dispersed the remaining cases to courts closer to where the fires occurred.

  • August 3, 2018

    2nd Circ. Restarts Long-Running 'Lucky' Trademark Fight

    The Second Circuit has revived a nearly two-decade-old trademark fight between jean maker Lucky Brand and a smaller rival, a ruling that included a first-of-its-kind application of the doctrine of res judicata.

  • August 3, 2018

    7th Circ. Upholds Grocery Store Worker's Title VII Win

    The Seventh Circuit has affirmed a jury verdict favoring a grocery store worker who alleged he was subjected to unwanted sexual touching and taunting by his male co-workers, holding that his Title VII claim was valid since he presented evidence that female workers didn't receive the same treatment.

  • August 3, 2018

    Deals Rumor Mill: Amcor, Kraft Heinz, Ofo

    Amcor is reportedly in talks to buy Wisconsin-based rival Bemis Co., Kraft Heinz has trimmed the list of bidders currently vying for an Indian business portfolio, and Ant Financial and Chinese ride-sharing company Didi are negotiating a deal to jointly buy out bike-sharing company Ofo.

  • August 3, 2018

    Feds Can't Halt Tribe's Suit Over Neb. Cigarette Laws

    A federal judge on Thursday refused the federal government's bid to pause a suit filed by two tribe-owned cigarette companies challenging the application of two Nebraska laws, saying the government hadn’t shown that its criminal investigation of the companies would be hindered by letting the case go on.

  • August 3, 2018

    Bookmaker William Hill Announces Miss., W.Va. Casino Deals

    Bookmaking behemoth William Hill PLC announced Friday that it has partnered with 11 casinos in Mississippi and one in West Virginia to provide newly legalized sports betting services to customers, with plans in the works for further casino partnerships in 14 other states.

  • August 3, 2018

    Randa Sweetens Offer For Perry Ellis To $459M

    Perry Ellis International confirmed Friday that it received a sweetened, nearly $459 million offer from Randa Accessories Leather Goods, roughly a month after the men’s accessories company launched its original offer rivaling a deal by former Perry Ellis CEO George Feldenkreis to take the company he helped found private.

  • August 3, 2018

    Holland & Knight, Fried Frank Steer $257M NY Property Deal

    Holland & Knight LLP represented the buyer who dropped $257 million on a mixed-use property on West 26th Street in Manhattan, a deal Fried Frank Harris Shriver & Jacobson LLP worked on for seller Savanna, according to records made public in New York on Friday.

  • August 2, 2018

    Lower Award Or New Damages Trial For Unicolors In H&M Row

    A California federal judge denied H&M's bid for judgment as a matter of law following an $845,000 jury win for Unicolors, which claimed the Swedish clothing giant ripped off a jacket and shirt pattern, but ruled that H&M can pursue a new trial on damages unless Unicolors agrees to lowered damages of $266,000.

  • August 2, 2018

    Online Smoothie Startup Loses Bid To Halt In-Store Rival

    A New York federal judge remained unswayed by a frozen smoothies startup's assertion that a former partner should be stopped from launching its own brand this month, finding its trade dress is not distinctive and consumers ultimately wouldn't be confused.

  • August 2, 2018

    Rent-A-Center Investor Sues To Halt $1.4B PE Sale

    A Rent-A-Center investor filed a complaint in Delaware federal court Thursday seeking to stop the nearly $1.4 billion sale of the rent-to-own retailer to a private equity firm, claiming it issued incomplete statements about the transaction to stockholders.

Expert Analysis

  • It's Not Too Early To Prep For New Mass. Employment Laws

    Sean O’Connor

    Courtesy of the “grand bargain” legislation, significant changes are coming to Massachusetts employment law. Among other new requirements, employers should prepare for increases in the state minimum wage rates, revisions to tipped employees’ wages, and a new state-administered paid family and medical leave program, says Sean O’Connor of Morgan Brown & Joy LLP.

  • A Range Of State Responses After Wayfair

    Jeffrey Reed

    In the weeks since the U.S. Supreme Court decided South Dakota v. Wayfair Inc., state responses have ranged from hortatory to defiant. Jeffrey Reed, chairman of the state tax practice at Kilpatrick Townsend LLP, reviews 12 state reactions and offers considerations for online sellers still developing a game plan.

  • And Now A Word From The Panel: A Flood Of MDLs

    Alan Rothman

    At its most recent meeting, the Judicial Panel on Multidistrict Litigation considered and denied a petition for an MDL proceeding to centralize flood insurance claims arising from recent hurricanes. The decision shows the careful line the panel must walk when considering petitions featuring cases with a variety of circumstances, says Alan Rothman of Arnold & Porter.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Chaos Ahead For Remote Sellers

    Kendrick Smith

    The U.S. Supreme Court's ruling in South Dakota v. Wayfair Inc. will cause a massive shift of risk onto remote sellers in the form of state audits, litigation in hostile forums, and state False Claims Act and consumer fraud lawsuits, say attorneys at Jones Day.

  • A Big Verdict Highlights Hazardous Trucking Practices

    John Jose

    The $90 million verdict handed down against Werner Enterprises by a Texas court in May highlights the dangers that can arise when trucking companies pair an experienced driver with a student, then allow the veteran driver to rest while the student behind the wheel faces dangerous driving conditions. Until this practice is changed, we can anticipate more lawsuits like Werner, says John Jose of Slack Davis Sanger LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Employee Performance Ratings: Tainted Or Sainted?

    Lisa Harpe

    The recent focus on pay equity and employers’ pay practices has heightened the need to consider equal employment opportunity outcomes in performance ratings systems. Lisa Harpe and Sarah Gilbert of DCI Consulting Group discuss the current legal environment and proactive steps to examine performance ratings in the context of evaluating pay equity.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • AmEx Ruling May Have Big Impact On Health Insurance

    David Garcia

    There are a number of ongoing antitrust cases involving health insurance networks that may be susceptible to the type of two-sided market analysis described by the U.S. Supreme Court last month in Ohio v. American Express, say David Garcia and Nadezhda Nikonova of Sheppard Mullin Richter & Hampton LLP.