Retail & E-Commerce

  • November 30, 2017

    Kirkland's Should Face Receipt Row Under Spokeo: Magistrate

    A Pennsylvania magistrate judge on Wednesday advised against tossing a putative class action accusing retailer Kirkland's Inc. of printing too many credit card digits on receipts, finding the consumers needn't allege actual or imminent identity theft to establish standing under the U.S. Supreme Court's Spokeo decision.

  • November 30, 2017

    Disney Claims Redbox Illegally Sold Digital Movie Codes

    Disney Enterprises Inc. filed a complaint in California federal court against Redbox Automated Retail LLC Thursday, alleging the rental kiosk illegally sells Disney’s digital movie codes to its customers in “blatant disregard” of clear prohibitions against doing so and in violation of copyrights.

  • November 30, 2017

    Keurig Rival Ordered To Return Docs In Trade Secrets Row

    Appliance company SharkNinja must get rid of any documents that its workers allegedly took from Keurig Green Mountain Inc. before they left to work at the rival appliance company, a Massachusetts federal judge ordered on Thursday in a month-old trade secret row filed by the coffee maker giant.

  • November 30, 2017

    Hyper-Accelerated Maurice Sale Plans Draw Trustee Rebuke

    A 32-day sale timeline proposed by bankrupt retail distributor Maurice Sporting Goods Inc. drew an objection from the U.S. trustee Thursday, who said the plan does not provide enough time for the assets to be marketed or for bidders to perform due diligence before the Dec. 13 bid deadline.

  • November 30, 2017

    Paint Cos. Seek Rehearing In $1B Lead Paint Cleanup Suit

    Sherwin-Williams Co. and two other paintmakers asked a California appeals court to reconsider a decision that trimmed a $1.15 billion lead contamination judgment, saying Wednesday that the panel had ignored vital evidence about whether the companies had promoted the paint for use in homes.

  • November 30, 2017

    Citibank Loses $1.6M Tax Refund Feud At Ill. High Court

    Citibank NA’s effort to claim a $1.6 million tax refund in Illinois was thwarted Thursday after the state Supreme Court unanimously reversed two lower court decisions, saying only the entity that actually remits a tax is eligible to claim a refund.

  • November 30, 2017

    Walmart Fights Denial Of 'Investing In American Jobs' TM

    Walmart told a panel of skeptical Trademark Trial and Appeal Board judges it should allow the company to register the trademark “Investing in American Jobs,” arguing the evidence used to reject the mark for being "merely informative" failed to show others used it as a slogan.

  • November 30, 2017

    Deals Rumor Mill: CVS, Terra Firma, SoftBank

    A megamerger involving CVS and Aetna may be imminent, Terra Firma is looking to sell $1.2 billion worth of Italian solar power assets, and SoftBank is trying to build up its stake in Indian e-commerce website operator Flipkart.

  • November 30, 2017

    Coinbase Must Give Info To IRS For Transactions Over $20K

    A California federal judge on Wednesday handed the Internal Revenue Service a partial win in the agency’s bid to seek records from Coinbase Inc., saying the virtual currency exchange must hand over information on accounts with transactions of greater than $20,000.

  • November 30, 2017

    E-Commerce Giant Alibaba Issues Massive $7B Bond

    Alibaba Group Holding Ltd. issued a five-part bond totaling $7 billion, the e-commerce giant’s first major U.S. debt issuance since 2014, the company told the U.S. Securities and Exchange Commission on Thursday.

  • November 30, 2017

    Hanover Pushes Back On Liquor Chain's 5th Circ. Revival Bid

    Hanover Insurance Co. on Thursday asked the Fifth Circuit to find it does not owe a Texas liquor store chain the costs of a lawsuit against the chain’s credit card processor after two data breaches, arguing all the evidence pointed toward the claim being excluded.

  • November 30, 2017

    Real Estate Rumors: Square Mile, American Realty, Goldman

    Square Mile is reportedly close to a deal to loan $250 million for a Manhattan office, retail and apartment project, American Realty Advisors is said to have sold a Chicago office tower for $80 million, and a Goldman Sachs venture has reportedly bought a San Diego business park for $45.7 million.

  • November 30, 2017

    Truck Dealer Tells 8th Circ. It's Owed Excise Tax Refund

    An Iowa truck dealer asked the Eighth Circuit on Wednesday to revive its refund bid for excise taxes related to diesel filters, arguing that the district court failed to consider a U.S. Department of Treasury regulation under which the equipment isn’t taxable.

  • November 30, 2017

    EU Seeks To Tackle VAT Fraud By Sharing Cross-Border Info

    The European Commission on Thursday introduced new measures that it said would help close communication gaps between tax authorities and law enforcement bodies so they can better combat cross-border transactions suspected of leading to value-added tax fraud.

  • November 29, 2017

    T-Mobile Retailer Gets Initial OK On $1.1M OT Settlement

    An Illinois federal judge on Tuesday granted preliminary approval to a $1.1 million putative class action settlement with a large national T-Mobile retailer to resolve claims the company misclassified hundreds of store managers as exempt from overtime and then overworked them.

  • November 29, 2017

    Retailers Seek Class Cert. For Visa, MasterCard Antitrust Row

    A proposed class of merchants suing Visa, MasterCard and others over the purportedly collusive shift to retailers of credit card fraud risk that happened during the rollout of microchip-enabled cards in the U.S. pushed for class certification on Wednesday, arguing that evidence shows the credit card giants conspired to make the liability shift.

  • November 29, 2017

    6th Circ. Tosses Target's Product Liability Coverage Appeal

    The Sixth Circuit on Wednesday found a Target supplier’s insurer does not have to cover the retail chain for a product liability settlement, saying the supplier had contract but not tort liability.

  • November 29, 2017

    Toys R Us Asks To Delay Closures For Holiday Season

    Toys R Us Inc. on Tuesday asked a Virginia bankruptcy court for permission to delay for three months decisions on which store leases to maintain so that all of its locations can remain open during the holiday season, while the U.S. Trustee blasted the retailer's request to pay workers up to $100 million in bonuses.

  • November 29, 2017

    Walmart, GSA Settle With EPA Over Calif. Emissions Foul

    Wal-Mart Transportation LLC and the U.S. General Services Administration recently agreed to separate settlements with the U.S. Environmental Protection Agency over pollution-spewing trucks that had not been upgraded to reduce diesel emissions as required by California, the EPA announced Wednesday.

  • November 29, 2017

    Exelco's Ch. 11 Diamond Sale Plan No Gem, Trustee Says

    The Office of the U.S. Trustee objected Wednesday to every nearly every facet of bankrupt diamond cutter Exelco North America's plan for a Chapter 11 stalking horse sale in Delaware, citing inadequate disclosures and scant details on the current bidder.

Expert Analysis

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • Applying Calif. Antitrust Law To Out-Of-State Transactions

    Fred Isquith

    In Packaged Seafood Products Antitrust Litigation, a California federal judge recently examined state court choice-of-law rules as applied in antitrust actions lodged in federal court. In applying California’s antitrust law to out-of-state transactions by the citizens of states other than California, the opinion adds an important contribution to the jurisprudence in this area, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • How Amazon HQ Search Compares To Gov't Contract Process

    Michael Mutek

    Amazon's competition for its second headquarters has garnered great interest and attention. The seven-page request for proposals may be short, but it shares certain key similarities with an RFP issued under the Federal Acquisition Regulation, say attorneys with Steptoe & Johnson LLP.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • Litigation Remains An Obstacle To Online Insurance Sales

    Robert Helfand

    A South Carolina federal court's recent decision in Moultrie v. Progressive shows that the paternalistic impulses underlying insurance law can overcome even the seemingly unassailable power of the internet, says Robert Helfand of Pullman & Comley LLC.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • 5 Ongoing Collective Bargaining And Organizing Challenges

    Steven Gutierrez

    Most expect that the current White House and federal agencies will take a more business-friendly approach than in recent years. But when it comes to responding to union organizing campaigns and negotiating collective bargaining agreements, employers still face wide-ranging challenges, says Steven Gutierrez of Holland & Hart LLP.