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Retail & E-Commerce

  • June 12, 2018

    CPSC Bias About Magnet Safety Gets Recall Order Tossed

    A Colorado federal judge vacated an October order by the U.S. Consumer Product Safety Commission recalling Zen Magnets LLC’s spherical magnets over safety concerns, finding that at least one of the commissioners was biased.

  • June 12, 2018

    Antitrust Chief Defends Sticking To Consumer Welfare Focus

    Shortly before a D.C. federal judge cleared AT&T’s $85 billion merger with Time Warner, the U.S. Department of Justice’s top antitrust official on Tuesday said in Washington, D.C., that consumer welfare will continue to be the cornerstone of DOJ antitrust enforcement, rejecting calls to expand the Antitrust Division’s goals to include concerns over democratic market structures or other social benefits.

  • June 12, 2018

    Authentic Brands Makes $340M Bid For Nine West Assets

    Bankrupt fashion accessory maker Nine West Holdings Inc. announced Monday that a "highly competitive" bidding process had resulted in a larger-than-expected bid of over $340 million for its Nine West and Bandolino brands from stalking horse bidder Authentic Brands Group.

  • June 12, 2018

    Attys Want $47M From $166M Lidoderm Pay-For-Delay Deal

    Attorneys for the direct purchasers of the Lidoderm pain patch urged a California federal judge to approve more than $47 million in attorneys' fees and reimbursements out of a $166 million settlement with pharmaceutical companies Teikoku, Endo and Actavis.

  • June 12, 2018

    Louboutin Wins EU Battle Over Red-Sole Trademark

    The European Union’s top appeals court ruled Tuesday that French designer Christian Louboutin SA’s famous red-soled high heels can be protected by trademark law.

  • June 11, 2018

    Square To Pay $2.2M To Settle Food Delivery Tip Claims

    Mobile payment company Square Inc. will pay up to $2.2 million to settle a putative class action alleging its restaurant delivery service, Caviar, collected tips from customers that weren’t given to delivery drivers, according to notices sent to 93,000 people who used the service.

  • June 11, 2018

    Marsh Supermarkets Gets Del. Ch. 11 Liquidation Approval

    Conceding that his decision was a close call, a Delaware bankruptcy judge on Monday confirmed a liquidating Chapter 11 plan for remnants of the Marsh Supermarkets chain, overruling a U.S. trustee objection to provisions for blanket, nonconsensual liability releases.

  • June 11, 2018

    Dov Charney Must Pay Glaser Weil $2.2M After Arbitration

    A California judge on Monday confirmed an arbitrator's finding that Glaser Weil Fink Howard Avchen & Shapiro LLP did not commit legal malpractice while representing ousted American Apparel founder Dov Charney, and that Charney must pay the firm roughly $2.2 million in legal fees.

  • June 11, 2018

    Jury Awards Dyson $16M Over Rival's False Vacuum Ads

    An Illinois federal jury awarded Dyson Inc. more than $16 million in damages Monday after finding rival SharkNinja Operating LLC falsely advertised its Rotator Powered Lift-Away as a better product than Dyson's best-performing machine at the time.

  • June 11, 2018

    Saks Hit With Class Action Over 'Notorious' Hackers' Breach

    Saks & Co. got slapped with a proposed class action in California federal court Friday that accuses the retailer of failing to protect its customers’ credit and debit card numbers from a data breach engineered by a “notorious hacking group” that allegedly attacked nearly all of Saks’ point-of-sale systems in March.

  • June 11, 2018

    StubHub Can't Shake Suit Over Hidden Ticket Fees

    A San Francisco judge said Monday that StubHub can’t escape a proposed class action alleging the live entertainment ticket vendor hides fees from customers until checkout, finding there were enough factual questions to get the lead plaintiff “past the pleading hurdle,” but adding that “it may not get her past any other hurdle.”

  • June 11, 2018

    Oakley Accused Of Stealing Graffiti Artists' Murals For Ads

    Two Oakland-based graffiti artists hit Oakley Inc. with a copyright infringement lawsuit in California federal court Friday, accusing the sunglasses retailer of ripping off their murals for an advertising campaign.

  • June 11, 2018

    Walmart Not At Fault For Ex-Worker's Late Filing: 8th Circ.

    The Eighth Circuit on Monday ruled that Walmart Inc. didn't improperly drag its feet while negotiating a pre-suit settlement with a former marketing employee to cause him to miss a key deadline for filing a disability discrimination charge with the U.S. Equal Employment Opportunity Commission.

  • June 11, 2018

    No New Trial For $1.4M Wegmans Tax Suit, 3rd Circ. Says

    The Third Circuit has found Tax Matrix Technologies LLC is not entitled to a new trial over claims that Wegmans Food Markets Inc. owes it $1.4 million for a sales and use tax audit defense project after a jury awarded Tax Matrix some $350,000 in damages.

  • June 11, 2018

    Ex-Walmart Atty Beats DQ Bid In Slip-And-Fall Row

    A Nevada federal judge has found no conflict of interest in a former Walmart Inc. attorney's now representing a slip-and-fall case against the giant retailer, saying there was no direct connection between past cases she worked on for the company and the case at hand.

  • June 11, 2018

    Levi's Is A 'Trademark Bully,' Designer Says

    A century-old British luxury brand filed a scathing lawsuit Friday against Levi Strauss & Co. after being threatened with trademark litigation, calling the denim giant “one of the world’s biggest trademark ‘bullies.’”

  • June 8, 2018

    German Grocery Giant Left Developer Out To Dry, Suit Says

    German grocery giant Lidl Stiftung & Co. misled real estate developers about the viability of its “destined for failure” U.S. expansion plan and left them “holding the proverbial bag” on millions in development costs, according to a suit filed by Leon Capital Group LLC in North Carolina federal court Friday.

  • June 8, 2018

    Foot Locker Pensioners' Attys Get $95M Fee In Class Action

    A New York federal judge on Friday granted a $95 million fee request from attorneys representing a class of 16,000 Foot Locker pensioners, while also confirming the class is entitled to $290 million in benefits following a successful challenge to a cut in their plan.

  • June 8, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen dozens of eyewear retailers sue Visa and MasterCard, UBS look to seize property from beleaguered Indian beverage magnate Vijay Mallya and insurer HDI Global take action against Maersk. Here, Law360 looks at those and other new claims in the U.K.

  • June 8, 2018

    Target Can't Beat Bias Suit Under Benefits Deal, Panel Says

    A California appeals court on Friday overturned a Target Corp. win against a gay former cashier who allegedly resigned due to workplace discrimination, saying a trial court was wrong to find his harassment claims were precluded by a separate settlement he reached with the retailer over workers' compensation.

Expert Analysis

  • Recent Case Clarifies Personal Jurisdiction Law In Delaware

    Francis Pileggi

    The Delaware Chancery Court recently ruled in Baier v. Upper New York Investment that the simple act of forming a Delaware entity is not sufficient to impose personal jurisdiction over a nonresident involved in that formation. However, there are circumstances in which the formation of such an entity could form the basis for imposing personal jurisdiction, says Francis Pileggi of Eckert Seamans Cherin & Mellott LLC.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Pay Attention To The Law And The Science Of Cannabidiol

    Brett Taylor

    Many health claims have been made for cannabidiol, a substance derived from the cannabis plant. But producers and retailers of cannabidiol should understand that, while it may be permitted under some state laws, it remains illegal under federal law. They must also avoid claims of benefits that are unsubstantiated, say Brett Taylor and Amy Alderfer of Cozen O'Connor.

  • 'Made In USA' Ruling Reflects New, Looser Calif. Standard

    Richard Fama

    The Ninth Circuit recently concluded that a California lawsuit brought over product labeling was governed by the amended version of the state's "Made in the USA" statute, even though the plaintiff purchased the goods in question before the statute was amended. Manufacturers faced with similar suits should look to this decision for guidance, say Richard Fama and F. Brenden Coller of Cozen O'Connor.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • A Closer Look At Barnes & Noble Data Breach Ruling

    Joshua Jessen

    The Seventh Circuit's decision last month in Dieffenbach v. Barnes & Noble appears to suggest that data breach plaintiffs who allege Article III injury-in-fact have, by definition, sufficiently pled cognizable damages under their substantive state law claims. But a more careful reading of the opinion reveals that it is largely consistent with existing case law, say Joshua Jessen and Ashley Van Zelst of Gibson Dunn & Crutcher LLP.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Opinion

    How Much Might Chicago Taxpayers Pay For Amazon's HQ2?

    Josh Burday

    The city of Chicago has a history of making bad deals in secrecy and at the taxpayers’ expense, says Josh Burday of Loevy & Loevy, who is currently representing the group suing Chicago for disclosure of the details of its bid for Amazon's HQ2.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Hourly Employee Pay In Calif. Hangs In The Balance

    Grant Alexander

    On Tuesday the California Supreme Court heard oral arguments in Troester v. Starbucks, a case that questions whether the de minimis doctrine applies to wage claims made under the California Labor Code. The court's decision may drastically change how employers do business in the state, says Grant Alexander of Alston & Bird LLP.