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Retail & E-Commerce

  • September 10, 2018

    Oil Cos. Want Older Claims Barred In Calif. Gas Price Case

    A group of oil companies including BP and Exxon urged a California federal judge Friday to toss part of a proposed class action by consumers alleging the companies rigged Golden State gas prices, arguing some of the claims are too late and echo a lawsuit filed by gas merchants.

  • September 10, 2018

    Auto Parts Maker Can't Nix Trademark Over Atty Error

    A Missouri federal court on Monday refused to cancel auto parts company O’Reilly Automotive Stores Inc.’s trademark over an inadvertent filing by the company’s attorney at the U.S. Patent and Trademark Office, finding that the error was not enough to constitute fraud.

  • September 10, 2018

    Jeweler’s Creditor Panel Slams Del. Ch. 11 Examiner Motion

    A committee representing bankrupt Samuels Jewelers Inc.’s unsecured creditors objected Monday to a call for the appointment of an outside fraud examiner in Samuels’ $120 million Delaware Chapter 11, arguing that the committee itself has already launched an investigation.

  • September 10, 2018

    Fed. Circ. Upholds Amazon's Alice Win In EveryMD Patent Suit

    The Federal Circuit on Monday ruled an EveryMd.com LLC patent covering online communications was invalid under the U.S. Supreme Court’s Alice test, upholding a lower court ruling in favor of Amazon.com Inc.

  • September 10, 2018

    Walgreens Buys Files From 185 Fred’s Pharmacies For $165M

    Walgreens has agreed to buy the pharmacy patient prescription files and related inventory from 185 stores of Fred’s Inc., a regional pharmacy chain operating in the southeast, for $165 million plus the inventory’s value, the companies announced together on Monday.

  • September 10, 2018

    Ex-Kitchen Collection Managers' OT Class Action Approved

    A federal judge in Texas on Monday gave the green light to a former store manager at The Kitchen Collection LLC to proceed with his Fair Labor Standards Act collective action against the nationwide kitchen goods store, alleging he and other mangers were misclassified and not paid what they were owed in overtime wages.

  • September 10, 2018

    Breitling Must Face Suit Over 'Macho' Culture: 2nd Circ.

    A gay watch salesman who complained that higher-ups at Breitling USA Inc. treated him like "one of the girls" and fired him for not fitting in with their "macho" culture had his case revived by the Second Circuit on Monday, with the court saying a recent precedent-setting ruling makes it clear the case shouldn't have been tossed.

  • September 10, 2018

    Adidas Data Security 'Failure' Led To June Hack, Suit Says

    Adidas has been hit with a proposed class action over a June data breach that saw hackers make off with the private information of millions of customers, with the lead plaintiff claiming they now face “severe” ramifications due to the data security “failures” that led to the breach.

  • September 10, 2018

    No Destination-Based Biz Tax, Except For Web, France Says

    France doesn’t want to see an overall shift to a destination-based corporate tax, but is continuing to push for a new European Union web levy based on user location, Finance Minister Bruno Le Maire said Saturday.

  • September 7, 2018

    Measuring The Recession’s Toll On The Legal Industry

    For starting attorneys, the financial crisis casts a long shadow, even though the worst is past. Here’s our breakdown of the data showing its impact and where the industry’s headed.

  • September 7, 2018

    Too Small To Fail?

    It’s been almost 10 years since Lehman Brothers collapsed — kicking off a global recession and putting two Skadden partners on a path to building a firm that would weather the storm. Here's how upstarts and their larger rivals are positioning themselves for the next downturn.

  • September 7, 2018

    Pipe Giant Tops 3 IPO Launches Surpassing $1B Combined

    Pipe giant Zekelman Industries Inc. set pricing terms for an initial public offering estimated to raise $752 million on Friday, representing the largest deal among three companies that formally launched IPOs expected to surpass $1 billion in combined proceeds.

  • September 7, 2018

    Buchalter Expands Seattle Office With Addition Of ERISA Pro

    Buchalter PC’s Seattle office has added two new attorneys, including an Employee Retirement Income Security Act expert with years of experience helping clients on topics ranging from welfare plans to health benefits.

  • September 7, 2018

    Brookstone Ch. 11 Liquidator's Professional Status Undecided

    Bankrupt retailer Brookstone Holdings Corp. received court approval Friday for its store-closing agreement with liquidators Hilco Merchant Resources LLC and Gordon Bros. Retail Partners LLC, but a Delaware judge reserved a decision on their status as professionals under the bankruptcy code.

  • September 7, 2018

    As Biz Opposes China Tariffs, Trump Says More On The Way

    With companies across a litany of sectors fiercely pushing back against the White House’s looming tariffs on $200 billion worth of Chinese goods, President Donald Trump said Friday that he has a new wave of duties in the wings that would cover an additional $267 billion.

  • September 7, 2018

    Conn's Investors Seek OK On $22.5M Fraud-Suit Settlement

    Conn’s Inc. investors asked a Texas federal court Thursday to approve a $22.5 million agreement with the furniture retailer to settle class claims alleging the company misled shareholders about changes to its in-house financing program that led to higher customer delinquency rates and lower stock prices.

  • September 7, 2018

    Saul Ewing Atty Creates New Zoning For Largest US Mall

    Mall of America owner Triple Five Group recently cleared a major hurdle in the approval process for its planned mega-mall in Miami — which is slated to be the nation's largest — after Saul Ewing Arnstein & Lehr LLP helped the developer create a new retail-entertainment zoning category the project plans to use.

  • September 7, 2018

    Orbitz On Hook For Years' Worth Of Phoenix Hotel Taxes

    An Arizona appellate court has concluded that a lower court misapplied Phoenix tax law when it favored Orbitz's bid to toss the city's suit seeking payment of hotel taxes dating to 2001, ruling that the travel booking website is a taxable room broker and can't escape its obligation to pay.

  • September 6, 2018

    Concert Tix Cos. Sue NY AG To Preempt 'Drop Shipping' Row

    Two concert ticket companies hit the New York attorney general with a lawsuit in state court Thursday, seeking a judgment that she can’t sue them, as she has apparently threatened, over alleged violations of consumer protection laws.

  • September 6, 2018

    Fed. Circ. Backs Mastercard PTAB Win On Payment Patent

    The Federal Circuit on Thursday left intact a second Patent Trial and Appeal Board invalidation of an inventor’s payment patents as anticipated by prior art, following arguments by Mastercard that the PTAB carefully considered the court's remand instructions after vacating the first invalidation.

Expert Analysis

  • How New Credit Freeze Law May Affect Data Breach Cases

    Robert Kriss

    Congress recently enacted a law that enables consumers to freeze their credit reports to prevent identity theft at no cost, which could have significant implications for whether data breach class actions will be certified and, if they are, the amount of potential damages, say Robert Kriss and Corwin Carr of Mayer Brown LLP.

  • 3D Gun Legality After Defense Distributed Settlement, Ruling

    Kelsey Wilbanks

    A month after the U.S. Department of Justice reached a settlement allowing Defense Distributed to legally publish and share its 3D printable gun files on the internet, a Washington federal court granted a preliminary injunction. The reach of permissible file sharing for do-it-yourself plastic guns in the age of 3D printing just took an unexpected turn, says Kelsey Wilbanks of Smith Pachter McWhorter PLC.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Opinion

    TCPA: An Antiquated Law That Needs To Be Fixed

    David Carter

    After years of bearing witness to an influx of Telephone Consumer Protection Act litigation, reading nearly every TCPA opinion issued by the federal courts and talking with countless businesses, my conclusion is that the TCPA fails to reach its primary goal of protecting consumers from unwanted calls, says David Carter of Innovista Law PLLC.

  • How Fed. Circ. Nike Ruling May Change Inter Partes Review

    Michael Fleming

    While the U.S. Supreme Court held that any inter partes review final written decision must decide the patentability of all claims challenged in the petition, it left open the question of whether the decision must address all grounds raised in the petition. The Federal Circuit recently provided an answer in Adidas v. Nike, say Michael Fleming and James Milkey of Irell & Manella LLP.

  • Looking For Answers On Call-In Scheduling In Calif.

    Kalcheva_Desi_01.jpg

    After nearly four years of litigation in California federal court, Samantha Jones v. Abercrombie & Fitch is on the cusp of settlement. But depending on whether it's approved, the issue of call-in time as reporting time for purposes of employee compensation in California may still remain unanswered, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.

  • Retail Commercial Real Estate Is Evolving, Not Dying

    Jared Oakes

    Headlines in 2018 suggest that dozens of retailers are failing and that retail commercial real estate is dead or dying. However, in fact retail CRE is experiencing possibly its most volatile period of change ever, as developers and landlords search for ways to remain relevant to modern consumers, say Jared Oakes and Barry Guttman of Benesch Friedlander Coplan & Aronoff LLP.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • NY Tax Minutes: July

    Timothy Noonan

    In the first monthly installment of NY Tax Minutes, Timothy Noonan and K. Craig Reilly of Hodgson Russ LLP discuss the South Dakota v. Wayfair Inc. decision, New York's part in the state and local tax deduction cap lawsuit against the federal government and recent guidance on hedge fund compensation.

  • Possible Defects In California's New Privacy Law

    Peter Pizzi

    The California Consumer Privacy Act — the first attempt of any U.S. state to endow residents with strong rights regarding the collection and use of their data — is rife with kinks to be sorted out. None looms bigger than the First Amendment infirmities, says Peter Pizzi of Walsh Pizzi O'Reilly Falanga LLP.