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Retail & E-Commerce

  • October 12, 2018

    J&M Deal To Keep 85 Stores Open Moves Ahead In Del. Ch. 11

    A transaction that will keep 85 of the discount retail stores owned by bankrupt J&M Sales Inc. operating received a nod from a Delaware judge Friday, saying the offer from Pegasus Trucking LLC was the highest and best bid in an auction held earlier in the week.

  • October 12, 2018

    Deals Rumor Mill: Sears, SoftBank, Athenahealth

    Sears Holdings Corp. reportedly plans to close as many as 150 of its stores as part of its restructuring plan, Nomura and Goldman Sachs are among the banks SoftBank has tapped related to the public offering for its Japanese wireless business, and upward of five would-be buyers are eyeing Athenahealth.

  • October 12, 2018

    Real Estate Rumors: Vanbarton, Mill Creek, Cornell Realty

    Vanbarton Group has reportedly paid $148 million for an apartment complex in Hollywood, Mill Creek Residential is said to be buying a Miami church property and hopes to build apartments and retail at the site, and Cornell Realty Management has reportedly leased 40,500 square feet of interior space in Brooklyn.

  • October 12, 2018

    FDA Seeks Marketing Info From More E-Cig Makers

    The U.S. Food and Drug Administration on Friday asked 21 e-cigarette companies, including the makers and importers of Vuse Alto and myblu, to cough up information about whether more than 40 products are being illegally marketed.

  • October 12, 2018

    Ranbaxy Abused 'First-To-File' For Heartburn Treatment: Suit

    Defunct Indian pharmaceutical company Ranbaxy Laboratories Ltd. lied to the U.S. Food and Drug Administration and unfairly blocked other generic forms of the heartburn treatment Nexium in order to gain "first-to-file" exclusivity, according to a proposed class action filed Thursday in Massachusetts federal court by supermarket chain Meijer Inc.

  • October 11, 2018

    J&M Forced Into Hybrid Asset And Liquidation Sale For Ch. 11

    Bankrupt discount retailer J&M Sales Inc. told a Delaware judge Thursday that its hopes of reorganizing its business had evaporated, forcing it to go forward with an auction that resulted in a hybrid sale that will see some of its stores liquidated while others will be acquired as a going-concern.

  • October 11, 2018

    Disney Nixes Anaheim Hotel Amid Minimum Wage Ballot Row

    Disneyland Resort has announced it is canceling its Anaheim luxury hotel plans over the California city’s perceived unstable business climate, as debate continues over whether the company will need to comply with a referendum requiring tax subsidy recipients to pay an increased minimum wage.

  • October 11, 2018

    Amazon Eyes Escape From Job Applicants' Age Bias Suit

    Amazon.com Inc. asked a California federal judge on Thursday to nix a retooled proposed class action accusing it of placing job ads on Facebook that were illegally hidden from older workers, saying it never impaired workers from learning or applying for employment. 

  • October 11, 2018

    3 Takeaways From The $69B CVS-Aetna Deal

    The U.S. Department of Justice this week cleared CVS' planned $69 billion purchase of Aetna, a combination that's been closely watched for its potential to shake up the industry and for any insights into how antitrust agencies will view mergers between players in adjacent industries going forward. Here, Law360 looks at some takeaways from the latest health care megadeal.

  • October 11, 2018

    Japanese Retailers Swap Stakes In Deals Totaling $2.1B

    Japanese convenience store and retail giant FamilyMart Uny Holdings Co. on Thursday said it will take over a 20 percent stake in discount retailer Don Quijote Holdings Co., while simultaneously handing the same company its stake in retail store chain Uny Co. Ltd. in a pair of deals totaling 240 billion Japanese yen ($2.1 billion).

  • October 11, 2018

    Stitch Fix Hit With Stock-Drop Suit Over Q4 Client Growth

    An investor in Stitch Fix Inc. filed a proposed class action in California federal court Thursday alleging that the online retail fashion company concealed a flagging fourth-quarter active client growth rate, leading to an artificially inflated stock price that took a hit when the company released its financials this month.

  • October 11, 2018

    Real Estate Rumors: AHS, Fisher, Bill Ussery Motors

    AHS Residential has reportedly sold a Florida apartment complex that includes retail space for $38 million, Fisher Brothers is said to have leased out nearly 30,000 square feet in New York to One William Street Capital Management, and Bill Ussery Motors has reportedly paid nearly $11 million for a Florida office building.

  • October 11, 2018

    Deals Rumor Mill: Swissport, Kimberly-Clark, NEC Group

    Airport services company Swissport could be worth more than $3 billion in a sale, multiple suitors are vying for Kimberly-Clark’s multibillion-dollar European tissue business, and Blackstone is nearing a deal to buy Britain-based NEC Group.

  • October 11, 2018

    AmEx Aims To Toss Amended Claims In Card-Steering Row

    American Express asked a Brooklyn federal court Thursday to toss multidistrict litigation accusing the company of violating antitrust law by preventing merchants from steering their customers toward competing cards, saying the vendors have failed to state a claim in an amended complaint and that their allegations are otherwise barred for various reasons.

  • October 11, 2018

    Walmart To Pay $65M To End Cashiers' Seating Suit

    Walmart Inc. has agreed to pay $65 million to end a long-running class action over its allegedly not giving cashiers seats, according to a motion on Wednesday asking a California federal judge to approve a deal that might rank as the largest ever settlement struck under the state's Private Attorneys General Act.

  • October 10, 2018

    Ex-Willkie, Hunton Atty Gets 5 Years In $7.8M Fraud Case

    A former Willkie Farr & Gallagher LLP and Hunton & Williams LLP partner was slammed Wednesday with a five-year prison sentence for conspiring to defraud the firms and MasterCard Inc. out of about $7.8 million for work that was never performed, with a New Jersey federal judge calling her misconduct "a betrayal of trust."

  • October 10, 2018

    4 Tips For NY Employers Navigating New Sex Harassment Law

    New York state's new standards for how businesses should structure anti-sexual harassment policies and conduct newly mandated training sessions took effect on Tuesday, leaving employers in the Empire state with a fresh batch of potential compliance headaches. Here, experts share four tips for employers to make sure their practices comport with New York’s new rules.

  • October 10, 2018

    Sears Adds Turnaround Expert To Board Amid Ch. 11 Reports

    Sears Holding Company has added the CEO of a restructuring advisory firm to its board of directors, amid news reports that the company is preparing to file for Chapter 11 protection.

  • October 10, 2018

    Fla. Gas Station Worker's OT Suit Heads To Trial

    A Florida federal judge denied a gas station employee a quick win Wednesday in his proposed Fair Labor Standards Act class action seeking allegedly unpaid overtime, but found that the company owner qualifies as his employer under the law and ruled out one of three possible overtime exemptions.

  • October 10, 2018

    Essendant Sued For Scrapping Merger To Pursue Staples Deal

    Automotive and industrial parts distributor Genuine Parts Co. filed a complaint in Delaware Chancery Court on Wednesday seeking damages in connection with its terminated merger with Essendant Inc., which instead entered into a $966 million merger deal with Staples Inc. last month.

Expert Analysis

  • Product Liability For Online Marketplaces And Car-Sharing

    Steven Kramer

    Just as Amazon and other online retail intermediaries have raised new product liability questions, similar questions are being asked about companies that provide short-term vehicle rentals. The legal theories that insulate online marketplaces from strict product liability concerns can also be applied to car-sharing businesses, says Steven Kramer of Eckert Seamans Cherin & Mellott LLC.

  • Triggering Civil Authority Coverage After A Natural Disaster

    Tracey Jordan

    As hurricane season continues, insured business owners in affected areas are likely to seek coverage for loss of business income. It's important to recognize that for business income insurance to cover losses caused by a civil authority order, the order must be a result of actual property damage, says Tracey Jordan of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Athlete Activism Is Changing Partnerships With Brands

    Michael Rueda

    Morals clauses are common in endorsement deals but are typically in favor of the brand. Given today's socially aware environment, athletes should negotiate to protect their personal brands from the negative reputational impact that could result from actions by their commercial partners, say Michael Rueda and Gregory Pun of Withers LLP.

  • DOL Gifts Employers Advice On Unique FMLA, FLSA Issues

    Alex Aguilera

    Specific guidance on how employers should handle gray areas in the law can be of great importance, especially in extremely unique situations. Alex Aguilera of Seyferth Blumenthal & Harris LLC offers insights on six opinion letters recently released by the U.S. Department of Labor to help employers navigate tricky Family and Medical Leave Act and Fair Labor Standards Act issues.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.

  • Wayfair Response Bill Offers Hope For Small Retailers

    Marvin Kirsner

    The Online Sales Simplicity and Small Business Relief Act of 2018 has been introduced in Congress to provide relief for businesses dealing with the online sales tax ramifications of the South Dakota v. Wayfair Inc. decision. Marvin Kirsner of Greenberg Traurig LLP describes the benefits of the bill and makes further recommendations.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Legal Pitfalls To Avoid In Social Cause Marketing Campaigns

    Russell Stein

    In recent years, businesses have increasingly teamed up with charities to promote products or charitable causes. However, if these campaigns are not executed properly, they can lead to civil and criminal penalties, taxes and bad publicity for all parties involved, says Russell Stein of Partridge Snow & Hahn LLP.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.