Retail & E-Commerce

  • 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.

  • November 29, 2017

    PetSmart Beats Fraud Claims Over Prescription Cat Food

    PetSmart Inc. and a pet food maker escaped claims that they tricked customers into buying prescription cat food, as an Illinois federal judge ruled on Wednesday that the companies were following U.S. Food and Drug Administration guidelines, not engaging in fraud.

  • November 29, 2017

    Calif. Dollar Tree Workers Get Cert. In Break, OT Suit

    A California federal judge on Tuesday certified a class of hundreds of Dollar Tree distribution center employees in California in litigation accusing the retailer of exploitative time clock, break and bonus policies that shortchange worker pay, saying the store’s arguments about the case’s merits aren’t applicable at this stage.

  • November 29, 2017

    Law Firm Denied Bid For Win In Costco Junk-Fax Suit

    A Missouri federal judge on Tuesday rejected a law firm’s motion for summary judgment in its class action accusing Costco Wholesale Corp. of violating the Telephone Consumer Protection Act by sending unsolicited fax advertisements, holding that key facts remain in dispute.

Expert Analysis

  • 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.

  • Series

    Making Pro Bono Work: The Sidley-Exelon Partnership

    Kelly Huggins

    Exelon Corp. and Sidley Austin LLP have been working together on both short- and long-term pro bono matters for the past 10 years. We offer a glimpse of how we got started and what we have done in the hope that other corporate legal departments and law firms might find ways to work together to meet the legal needs of the poor, say Kelly Huggins, pro bono counsel at Sidley Austin, and Margaret Balsley-Cross, assistant general counsel at Exelon.

  • Lessons From A Challenge To CPSC Civil Penalty Authority

    Sheila Millar

    Last month, a federal court resolved a legal challenge to civil penalties sought by the U.S. Consumer Product Safety Commission against Spectrum Brands for violations of the Consumer Product Safety Act. Because such lawsuits are rare, companies that make, distribute or sell consumer products should take note, say Sheila Millar and Nathan Cardon of Keller and Heckman LLP.

  • Recipe For Legal Project Management: Look To BBQ Champs

    Anthony Rospert

    As a master certified barbecue judge with the Kansas City Barbeque Society, I have noticed that the top pitmasters follow a consistent process in approaching each and every competition. Their "secret sauce" — employing project management principles — can also help lawyers achieve success, says Anthony Rospert of Thompson Hine LLP.

  • Series

    Making Pro Bono Work: Can You Practice In Your State?

    Eve Runyon

    The justice gap is a well-documented problem and over the past two decades, law firms have mobilized attorneys to provide millions of hours of pro bono every year. But for many in-house counsel, there remains a big hurdle — restrictive multijurisdictional practice rules, says Eve Runyon, president and CEO of Pro Bono Institute.

  • Opinion

    Direct Sales Industry Should Commit To Consumer Protection

    Jeff Bell

    Recent legislation proposed in the U.S. House of Representatives would allow irresponsible companies to hide behind a toothless definition of what it means to operate a “pyramid” scheme. While proponents have argued that the legislation simply codifies a long-standing definition and fills a “gap” that exists at the federal level, this is false for a number of reasons, says Jeff Bell, CEO of LegalShield.

  • Opinion

    Representing Women At The Intersection Of Law And Finance

    Andrea Mitchell

    To the extent that companies have tolerated predominantly male leadership in the past because it was deemed necessary for growth and prosperity, or viewed diversity and the underrepresentation of women strictly as human resources issues, a growing body of research suggests otherwise, say Andrea Mitchell and Valerie Hletko of Buckley Sandler LLP.

  • Series

    Making Pro Bono Work: Building Sponsorship Relationships

    Michael Scudder

    Within their first year, associates should make it a priority to take on a pro bono matter and approach a partner about supervising the project. By collaborating with a partner on a pro bono case, young associates can cultivate sponsorship relationships while simultaneously contributing to the public good, say Michael Scudder and Jay Mitchell of Skadden Arps Slate Meagher & Flom LLP.

  • 9th Circ. Addresses Lower Court Split On False Ad Cases

    Cortlin Lannin

    Last week, the Ninth Circuit's decision in Davidson v. Kimberly-Clark answered a question that has long split the district courts in that circuit: whether a plaintiff in federal court who was previously deceived by allegedly false or misleading advertising possesses Article III standing to seek an injunction targeting that advertising, even when she has become aware of the truth about the product, says Cortlin Lannin of Covington & Burling LLP.

  • House Bill Would Raise Stakes Of Congressional Inquiries

    Steven Ross

    On Monday, the House passed a bill that, if enacted, would shift the current landscape regarding judicial review of congressional subpoenas and place significant burdens on all recipients of such subpoenas, say attorneys with Akin Gump Strauss Hauer & Feld LLP.