Retail & E-Commerce

  • March 8, 2018

    Sen. Wyden Slams Push To Add Remote Sales Tax To Bill

    Senate Finance Committee ranking member Ron Wyden said Thursday he was "extremely concerned" about reports that Republicans intended to address remote sales tax collection on a national level in legislation they were trying to include in a must-pass federal spending bill.

  • March 8, 2018

    Sears Sells Boots That Step On 'Aspen' TM, Suit Says

    A firm that licenses the use of the “Aspen” trademark on apparel sued retailer Sears and a shoe manufacturer Thursday in Florida federal court, claiming the two companies are infringing the name by selling an “Aspen” boot at Sears’ department stores and via the internet.

  • March 8, 2018

    Ulta Repackages Used Products As New, Consumers Say

    Beauty supplies retailer Ulta Beauty Inc. repackages used and outdated products as new, prioritizing profits over consumers' well-being, according to a proposed class action filed Wednesday in Illinois state court.

  • March 8, 2018

    Pot Business Asks 10th Circ. For Equal Treatment From IRS

    A Colorado marijuana dispensary asked the Tenth Circuit on Wednesday to stop the IRS from investigating businesses for criminal activity and to overturn a tax code provision disallowing business deductions for the sale of medical marijuana.

  • March 8, 2018

    Supervalu, Albertsons Are Checked Out Of Data Breach MDL

    A Minnesota federal judge has tossed multidistrict litigation against Supervalu and Albertsons over two 2014 data breaches, holding Wednesday that the sole shopper leading the action failed to state valid claims against either retailer.

  • March 8, 2018

    New Route For Privacy Suits Revives Aaron's Spying Case

    A Pennsylvania federal judge on Wednesday revived a putative class action against Aaron’s Inc. and a franchisee that alleges the rent-to-own company installed spying software on computers it leased, saying that the claims can proceed now that Wyoming’s high court has recognized the tort of invasion of privacy.

  • March 7, 2018

    UK Officials Lay Out Plan To Boost Connected Device Security

    The UK government on Wednesday rolled out a proposal to require makers of internet-connected devices such as televisions and toys to take certain steps to better insulate these products from growing cybersecurity threats, including embedding stringent security measures in the design process and labeling products with their security features. 

  • March 7, 2018

    CVS Prices $40B Bond Sale To Help Fund Aetna Acquisition

    CVS Health Corp., which is in the process of acquiring health insurance company Aetna Inc. for $69 billion, priced a massive $40 billion bond offering to help fund the acquisition.

  • March 7, 2018

    Deals Rumor Mill: McLaren, Walmart, Pillsbury

    McLaren shareholders reportedly aren't interested in a stock market offering anymore, Walmart's Brazilian operations may owe up to $3 billion in back taxes, and J.M. Smucker is considering selling off its baking brands, including Pillsbury.

  • March 7, 2018

    Walmart, Collection Firm Face Class Cert. In TCPA Suit

    A consumer asked a Florida federal court Tuesday to certify a class of cellphone owners whom a Walmart-hired law firm allegedly bombarded with collection calls intended for other people, contending that the individuals are united by common questions regarding the Telephone Consumer Protection Act claims.

  • March 7, 2018

    Real Estate Rumors: Emerald, Northbridge, Riskified

    Emerald Equity Group has reportedly scored a $92 million acquisition loan and with the financing wrapped up a $116 million New York multifamily portfolio buy, Northbridge Investment management is said to have bought a Florida retail center for $27.8 million, and tech company Riskified is reportedly leasing 27,000 square feet in New York.

  • March 7, 2018

    Sirius Capital Partners Spins Off $952M Portfolio To Cibus

    A pair of Sirius Capital Partners funds has spun off a portfolio of 123 grocery-anchored properties in Finland, selling the assets to newly formed Cibus Nordic Real Estate AB for €767 million ($952 million) as the new company prepares to go public later this week, Cibus said Wednesday.

  • March 7, 2018

    Fed. Circ. Urged To Revive Computer Patents In Amazon Row

    A patent licensing company urged a Federal Circuit panel in back-to-back oral arguments Wednesday to revive computer technology patents successfully nixed by Amazon, arguing the Patent Trial and Appeal Board should have permitted substitute claims.

  • March 7, 2018

    Congress Unlikely To Act Before Justices' Remote Tax Ruling

    While the U.S. Supreme Court weighs whether states have the power to tax online retailers’ interstate sales, stakeholders have pressed Congress to stave off the potential for chaos in the wake of the court’s decision, but it’s unclear whether any legislation addressing the issue can garner enough support.

  • March 6, 2018

    Under Armour Gets Md. Court For Steph Curry 'I Can' TM Suit

    Under Armour has sufficiently established that the District of Maryland has jurisdiction to hear the athletic apparel company’s assertions that its use of NBA superstar Steph Curry’s favorite Bible verse in its products does not infringe a smaller rival’s trademarks, a federal judge ruled on Tuesday.

  • March 6, 2018

    Monster HDMI Cable Packaging Settlement Gets Initial OK

    An Illinois state judge on Tuesday gave preliminary approval to a proposed class settlement with Monster Inc. and Best Buy in a suit accusing the two of selling various HDMI cables in packaging that misleads consumers into thinking they need more powerful, and thus more expensive, cables than necessary to transmit a signal to their high-definition televisions.

  • March 6, 2018

    Wilson Sonsini Snags DOJ, FTC Vet From Gibson Dunn

    Wilson Sonsini Goodrich & Rosati PC poached former high-ranking federal government lawyer Joshua Soven from Gibson Dunn & Crutcher LLP, gaining expertise from both sides of antitrust litigation as well as experience in high-tech sectors in which the firm prides itself as a leader.

  • March 6, 2018

    NJ AutoZone Locations Can't Dodge Sexual Harassment Suit

    A New Jersey federal judge denied AutoZone's partial motion to dismiss a suit alleging an employee was subjected to sexual harassment and had her hours reduced after filing a complaint, ruling that the statute of limitations on her claims began when she received a right-to-sue letter and not the date of the violations.

  • March 6, 2018

    Shoemaker Hits Ch. 11 With Plans To Negotiate Rent Deals

    Comfort-shoe maker and retailer The Walking Company hit Chapter 11 Tuesday in Delaware with plans to renegotiate leases with the landlords of its store locations in order to secure a capital injection to help it survive post-bankruptcy.

  • March 6, 2018

    Fed. Circ. Clears McDonald’s In Credit Card Patent Row

    The Federal Circuit on Tuesday upheld a decision that McDonald’s Corp. doesn’t infringe digital rights management patents by accepting credit cards for payment, ruling that the fast food giant did not benefit from every element of the patent, as required by a recent ruling.

Expert Analysis

  • The Latest On TCPA Exemption For Health Care-Related Calls

    Alan Wingfield

    If an Ohio federal court's recent ruling in Lindenbaum v. CVS Health is followed by other courts, the long-term effect of the decision has the potential to classify many, if not almost all, health care-related calls subject to the Telephone Consumer Protection Act’s emergency exemption and, thus, outside of liability, say attorneys with Troutman Sanders LLP.

  • Witness Preparation Also Requires Witness Training

    Ric Dexter

    A witness who has been told what to do and what not to do will be ineffective at best. Instead, witnesses must be taught how to handle the process, and how to approach the answer to every question that they encounter. These are new skills, and they must be practiced in order to be learned, says Ric Dexter, an independent litigation consultant.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Omnicare Settlement: Outlier Or Beginning Of Broader Trend?

    Alexander Batoff

    The U.S. Department of Justice’s Immigrant and Employee Rights Section recently finalized a settlement involving an asylum discrimination claim against Omnicare. The case is a good reminder that employers should carefully consider including appropriate defense and indemnification language in contracts with third parties, says Alexander Batoff of Obermayer Rebmann Maxwell & Hippel LLP.

  • Del. Walmart Ruling Might Bring New Derivative Strategies

    Jonathan Richman

    The Delaware Supreme Court's recent decision in a Walmart derivative suit should enhance defendants' ability to obtain dismissal of duplicative derivative actions on preclusion grounds. The ruling might also cause plaintiffs to take steps to appear in multiple forums to avoid preclusion risks, says Jonathan Richman, co-head of the securities litigation group at Proskauer Rose LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Don't Let PFAS Leave A Mark On Your Business Transaction

    Alexandra Farmer

    Growing regulatory and litigation focus on per- and poly-fluorinated alkylated substances, combined with pressure to streamline due diligence, poses a challenge for environmental transactional lawyers tasked with review of industries and properties currently or previously involved in the manufacture, distribution or sale of PFAS or products containing PFAS, say Alexandra Farmer and Laura Mulherin of Kirkland & Ellis LLP.

  • Tackling NFL Trademarks: IP Fights Since Last Super Bowl

    David Kluft

    In case someone at the Super Bowl party you attend wants to talk about legal issues, here are some recent NFL-related intellectual property disputes to discuss, says David Kluft of Foley Hoag LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.