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Retail & E-Commerce

  • August 1, 2018

    Price-Fixing Scheme Didn't Target Retailers, Samsung Says

    Samsung has slammed a bid by trustees for bankrupt electronics retailers Circuit City and RadioShack to revive an antitrust suit alleging that they were the targets of a price-fixing conspiracy for optical disc drives, telling the Ninth Circuit that even if such a scheme existed, its only potential victims were computer manufacturers Dell and HP.

  • July 31, 2018

    Costco False-Ad Eye Doc Suit Dismissal Reversed By 9th Circ.

    The Ninth Circuit on Tuesday revived a proposed class action claiming Costco misleadingly told shoppers that its stores offer eye exams by “independent” optometrists, saying the consumer plaintiff had adequately alleged that he was financially injured by the cost of the store-controlled eye doctor.

  • July 31, 2018

    Wash. Judge Blocks 3D Gun Blueprint Releases, For Now

    A Washington federal judge temporarily blocked the public dissemination of instructions for 3D printing guns on Tuesday, noting that the Trump administration appears to have made a “dramatic change” without following prescribed procedures and adding that the firearms could fall into the wrong hands.

  • July 31, 2018

    Remington Escapes Wrongful Death Suit Over Recalled Rifle

    A Mississippi federal judge on Monday threw out a wrongful death suit brought by the family of an 11-year-old killed in 2011 by an allegedly defective Remington Model 700 XMP rifle that was subsequently recalled, saying the family waited too long to research why the gun had discharged.

  • July 31, 2018

    GAO Floats Suggestions For Federal E-Commerce Portals

    The U.S. General Services Administration and Office of Management and Budget should closely examine how potential models for pending e-commerce portals for federal agencies will fit into the current procurement system before finalizing their choice of portal, the U.S. Government Accountability Office said Monday.

  • July 31, 2018

    Amazon Gets Driver Misclassification Suit Trimmed, For Now

    A California federal judge on Monday trimmed a putative class action alleging Amazon.com and a delivery contractor misclassified drivers as independent contractors to deny them proper hourly wages and meal and rest breaks, giving the drivers another shot at fixing their “vague” claims.

  • July 31, 2018

    Navajo Couple Settles Loan Fee Class Action For $1M

    A New Mexico couple who are members of the Navajo Nation asked a federal judge Monday to approve a deal that would provide about $1 million to resolve a proposed class action claiming companies near the Navajo reservation preyed on consumers by charging secret fees and hiding the true interest rate for loans tied to consumers' tax refunds.

  • July 31, 2018

    ​​​​​​​FDA Warning Wire: Um, Don't Make Medicines In Kitchen Pots

    A California drugmaker produced biopsy medicines using cookware and power tools, a high-end skincare company distributed bacteria-laced products, and a Japanese drugmaker didn't disclose failing test results, the U.S. Food and Drug Administration said in newly released warning letters.

  • July 31, 2018

    Perkins Coie Adds Back Employment Pro From Amazon

    Perkins Coie LLP has added a former Amazon in-house attorney with years of experience in the labor and employment field back to its offices, the firm said in a Monday announcement.

  • July 31, 2018

    Real Estate Rumors: Carmel Partners, CIM, JKM Developers

    Carmel Partners has reportedly paid roughly $40 million for a development site in Brooklyn, CIM Group is said to have paid $7.5 million for a Chicago site where it plans to build a data center and JKM Developers is said to have landed $28.05 million in financing for a residential and retail project in Florida.

  • July 31, 2018

    Furniture Co. Hopeful For Ch. 11 Sales Of Product Lines

    Attorneys for bankrupt furniture manufacturer Heritage Home Group LLC told a Delaware bankruptcy judge Tuesday that it has signed an asset purchase agreement for its luxury product line and is in serious talks with potential buyers for its remaining assets.

  • July 31, 2018

    Ore. Farm Co. Let Out Of Suit Over Texas Truck Driver’s Death

    A Texas appeals panel on Tuesday dismissed an Oregon farm store company from a wrongful death suit filed by the family of a truck driver killed by falling cargo while unloading a shipment at the company's facility, finding there are not enough legally pertinent connections between the company and Texas for it to face claims there.

  • July 31, 2018

    USPTO Beats Suit Over Chick-Fil-A 'Eat More Kale' Dispute

    The U.S. Patent and Trademark Office on Tuesday beat a Freedom of Information Act lawsuit filed over Chick-fil-A's famous trademark battle against the slogan "Eat More Kale."

  • July 30, 2018

    'Unicorn Snot' Creator Accuses Rival Of Horning In On TM

    The creator of children’s novelty cosmetics "Unicorn Snot" hit a retailer with a lawsuit in New York federal court Monday, claiming it sells a rival product under the same name and for a similar price as the toy store, diluting its trademark and making it worthless.

  • July 30, 2018

    Shumaker Loop Attys Dodge DQ In $25M Trade Secrets Suit

    A Florida federal magistrate judge on Monday denied a motion to disqualify two Shumaker Loop & Kendrick attorneys from defending a glassware company in a $25 million trade secrets suit, finding no conflict of interest over the firm’s having represented the other party in an unrelated intellectual property matter in 2016.

  • July 30, 2018

    Leather Goods Co. Seeks $4.5M From Insurer After Fire

    A leather goods company claims it was forced to close and incur $4.5 million in damages after West American Insurance Co. wrongly refused to cover the loss of its inventory in a fire, according to a complaint removed to the Northern District of California on Friday.

  • July 30, 2018

    9th Circ. Does Care About Honey Badger TM Claims

    The Ninth Circuit revived a trademark infringement lawsuit Monday against a company that produced greeting cards with “Honey Badger Don’t Care” and another catchphrase connected to a viral YouTube video, finding the company “largely just pasted” the video’s trademarked saying into its product.

  • July 30, 2018

    Amazon Challenges CWA's Age Bias Suit Over Facebook Ads

    Amazon.com Inc. urged a California federal judge Monday to toss the Communications Workers of America’s “improper” suit accusing the retail giant of violating age discrimination laws with Facebook Inc. job ads targeting younger workers, saying the union lacked standing to sue and left out key points required to pursue age bias claims.

  • July 30, 2018

    Adidas Stole Designer's 'Never Done' Catchphrase, Suit Says

    An entrepreneur hit Adidas with a trademark infringement suit Monday, alleging the athletic apparel giant had stolen his trademarked catchphrase for use in an ongoing ad campaign after licensing negotiations fell through.

  • July 30, 2018

    Adidas Settlement Paves Way For Closing Of Rockport Sale

    A settlement approved Monday by a Delaware bankruptcy judge among debtor The Rockport Co. LLC, its former owner Adidas AG and Reebok International Ltd. resolved a potential $54 million claim fight between the two parties and will allow Rockport’s $150 million Chapter 11 asset sale to close as soon as Wednesday.

Expert Analysis

  • What Will Happen With Tenn. Rule 129 In Light Of Wayfair

    David Mittelstadt

    In 2016, Tennessee devised its own nonphysical presence economic nexus test — Rule 129 — which was challenged before it became effective in American Catalog Mailers Association v. Tennessee Department of Revenue. Enforcement of the rule was stayed pending the conclusion of litigation. David Mittelstadt and David Hunter at Chambliss Bahner & Stophel PC analyze its chances of success in light of South Dakota v. Wayfair.

  • A Look At Chicago's Data Protection Proposal

    Molly DiRago

    The Chicago City Council is considering privacy legislation that would regulate online businesses that collect or broker sensitive personal information. Enacting this ordinance would ensure that Illinois remains at the forefront of the country’s ongoing privacy debates, says Molly DiRago of Troutman Sanders LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • Mass. Companies Have Little To Fear From Baker's Budget Bill

    Douglas Stransky

    Gov. Charlie Baker's newly proposed budget bill addresses hot tax topics such as foreign income provisions of the Tax Cuts and Jobs Act and the U.S. Supreme Court decision in South Dakota v. Wayfair Inc. in a business-friendly way, say attorneys at Sullivan & Worcester LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • The Narrowing Of Damages Claims In Advertising Cases

    Timothy Snail

    Because false advertising cases usually conclude before courts can offer an opinion on damages, it is often unclear which damages theories are viable. A recent Ninth Circuit decision, Chowning v. Kohl's Department Stores, clarifies this issue, which has previously split the California district courts, says Timothy Snail of Charles River Associates.