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Retail & E-Commerce

  • September 12, 2018

    Miami Beach Min. Wage Hike Protected, Fla. Justices Hear

    Miami Beach urged the Florida Supreme Court to reverse a lower court’s decision blocking the city’s proposed minimum wage increase, saying the ordinance is allowed under an amendment to the state constitution that "irreconcilably conflicts" with a previous Sunshine State law barring cities from adopting their own wage floors.

  • September 12, 2018

    Kraus Carpet Gets Approval For Ch. 15 Protection In Del.

    A Delaware bankruptcy judge on Wednesday approved a provisional order establishing Chapter 15 protections on Ontario-based flooring company Kraus Carpet Inc.'s U.S. assets as the company pursues a bankruptcy sale in Canada.

  • September 12, 2018

    Barnes & Thornburg Hires Franchise Law Expert In Chicago

    Barnes & Thornburg LLP continued a trend of growth in its Chicago office with the recent addition of a former Cheng Cohen LLC franchise law specialist to the firm’s litigation department.

  • September 12, 2018

    FDA Gives E-Cig Makers 60 Days To Address Sales To Youth

    The U.S. Food and Drug Administration said Wednesday that it plans to crack down on the use of e-cigarettes by minors, sending more than 1,300 warning letters and fines to retailers who sold to youths and giving five manufacturers 60 days to come up with plans to keep their products out of children’s hands.

  • September 11, 2018

    How A 'Lost Generation' Of Associates Bounced Back

    Caught in a whirlwind of firm dissolutions and layoffs, thousands of associates were thrust into one of the worst job markets in history a decade ago. While some have rebounded, others are still feeling the lingering effects of the financial crisis on their careers.

  • September 11, 2018

    TickBox To Pay Universal, Amazon $25M To End IP Theft Row

    Streaming device company TickBox LLC agreed Tuesday to pay $25 million to end a California federal court suit from Universal, Amazon and other content-creating giants who claim the company is encouraging customers to infringe their copyrighted material "with a wink and a nod."

  • September 11, 2018

    Shutterfly Sends Groupon Promo Code Suit To Arbitrator

    A California federal judge ruled Tuesday that an arbitrator should decide if arbitration is the right course for a putative class action from a woman claiming that Shutterfly Inc.’s advertising on Groupon is deceptive, finding that this course of action is laid out in Shutterfly’s agreement.

  • September 11, 2018

    Software Co. Gets $20M Negligence Award Slashed To $9M

    A California federal judge on Monday cut online vehicle auction business Copart Inc.'s $20 million trial award on negligence claims against a software consulting firm to a maximum of $9 million, finding the companies' contract limits Copart's damages to what it already paid the software company.

  • September 11, 2018

    Nine West Offers To End Takeover Suit For $470M, Court Told

    An unsecured noteholders group in the Nine West Holdings Chapter 11 case told a New York bankruptcy court Monday that it has been told the company has offered to settle any estate claims against Sycamore Partners and KKR Capital Management for $470 million.

  • September 11, 2018

    Kraus Carpet Files Ch. 15 In Delaware With $180M In Debt

    Ontario-based flooring company Kraus Carpet Inc. is seeking Chapter 15 recognition in Delaware after filing for bankruptcy in Canada on Monday with roughly $180 million in debt, citing a downturn in the carpet manufacturing industry.

  • September 11, 2018

    Toys R Us Says HK Arbitration Could 'Upend' Reorganization

    Toys R Us asked a Virginia bankruptcy judge to bar a Hong Kong retail company from moving ahead with its arbitration over the sale of the toy company's Asian business activities until its restructuring is done, saying the proceeding threatens to "upend" its plans to reorganize.

  • September 11, 2018

    Auto Sales Website Says Rival Copied Its Smiling Car Logo

    Edmunds.com Inc., a company that helps prospective buyers find cars, has slapped rival auto sales website CarSaver Inc. with a trademark suit in a Texas federal court, saying it stole its logo and slogan after partnering with Walmart Inc.

  • September 11, 2018

    Easton Must Go To Bat In False Ad Suit, Customers Say

    Easton Diamond Sports LLC can't strike out a proposed class action alleging it mislabels the weights of its expensive bats, the customer leading the suit has told a California federal court, saying the mere fact that he paid $160 for a "virtually useless" bat gives him standing to sue and should defeat Easton's motion to dismiss.

  • September 11, 2018

    Greenberg Traurig Snags Ex-Troutman Construction Pro

    A litigator with expertise in real estate, construction and retail matters has left his partnership post at Troutman Sanders to join Greenberg Traurig LLP as a shareholder in its Orange County office, according to an announcement by the firm.

  • September 11, 2018

    AutoZone Urges Judge To Toss Faulty Part Suit For Good

    AutoZone Inc. and S.A. Gear Inc. urged an Illinois federal judge to turn down a request from a proposed class of their customers to dismiss a suit over allegedly defective car parts on Monday, saying the customers are looking for a new judge after losing on class certification.

  • September 11, 2018

    HBC Merges Europe Retail Ops With Germany’s Karstadt

    Canadian retailer Hudson’s Bay Co. on Tuesday said it has inked a deal to merge its European retail operations with Karstadt Warenhaus GmbH and to form a German real estate joint venture with the German department store chain’s owner Signa Retail Holdings.

  • September 10, 2018

    Costco Can't Dodge Title VII Verdict For EEOC At 7th Circ.

    The Seventh Circuit on Monday upheld a win for the U.S. Equal Employment Opportunity Commission in its Title VII suit alleging that Costco Wholesale Corp. failed to protect a female worker from a customer's harassment, also holding that the lower court should have considered back pay for her unpaid medical leave.

  • September 10, 2018

    Can BigLaw Avoid Another Associate Purge?

    The legal industry has shown some caution in rebuilding its pool of associates after the dramatic layoffs of thousands during the last recession. But have firms done enough to survive the next?

  • September 10, 2018

    UK Golf Gear Maker Sees Fine Over Online Sales Ban Cut

    Britain’s market oversight tribunal trimmed a U.K. sports equipment maker’s fine over its ban on retailers reselling its gear online to £1.25 million ($1.62 million), but denied the manufacturer’s appeal of a finding that its policy had illegally hindered competition, according to a ruling.

  • September 10, 2018

    Fiat Chrysler Put Dealership At Disadvantage, 9th Circ. Hears

    A San Jose dealership asked the Ninth Circuit on Monday to overturn decisions ending two lawsuits it filed against Fiat Chrysler Automobiles NV, one alleging the company coerced it into paying increased rent, and another alleging the automaker hurt local competition by offering better incentives to rival dealerships.

Expert Analysis

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Testing Mandate Is Straining California Cannabis Cos.

    Oren Bitan

    California’s Proposition 64 legalized recreational cannabis, but set a deadline of July 1, 2018, for cannabis products to be tested for a range of toxic substances. Since then, one in every five pot samples have failed required testing, posing big challenges for the industry, says Oren Bitan of Buchalter PC.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Blockchains: A Better Tool For Supply Chain Management

    James Ton-that

    Although commonly associated with cryptocurrencies, blockchain technology can also be implemented to modernize international supply chains, which currently suffer from voluminous documentary requirements, layers of middlemen and immense regulation, say James Ton-that and Ravi Soopramanien of Hughes Hubbard & Reed LLP.

  • When Antitrust Conspiracy Cases Merit Summary Judgment

    George Gordon

    The Second Circuit's recent ruling in Anderson News v. American Media clarifies the application of summary judgment standards in antitrust conspiracy cases, including with respect to how record and expert evidence is analyzed, say George Gordon and Thomas Miller of Dechert LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.