Retail & E-Commerce

  • 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.

  • 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.

Expert Analysis

  • 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.

  • 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.