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Retail & E-Commerce

  • May 9, 2018

    Family Dollar Escapes Aloe Vera Labeling Suit, For Now

    Family Dollar Inc. temporarily escaped a proposed class action alleging it violated consumer protection laws by selling an aloe vera gel that didn’t contain the plant’s active ingredient after an Illinois federal judge ruled Tuesday the company might not have known about the defect.

  • May 9, 2018

    Michael Kors Workers Must Keep Wage Suit In Federal Court

    Michael Kors USA Inc. defeated a bid to remove from federal court an employee's putative class action alleging that workers are owed overtime and other wages, because the amount in controversy is greater than $5 million, a California federal judge ruled on Wednesday.

  • May 9, 2018

    Chancery Won't Fast-Track Rite Aid-Albertsons Merger Fight

    Delaware’s chancellor on Wednesday rejected a Rite Aid investor’s bid to expedite a preliminary injunction motion aimed at blocking a merger of the pharmacy chain’s remaining stores with Albertsons Cos., pending action on a dispute over deal terms for stockholders and appraisal rights.

  • May 9, 2018

    Tops Grocery Chain Defends Bid To Pay Bonuses In Ch. 11

    Tops Markets LLC defended its request to include $3.2 million in employee retention bonuses in its Chapter 11 plan, telling a New York bankruptcy court that the employees in question are key to keeping the supermarket chain afloat.

  • May 9, 2018

    Real Estate Rumors: Blackstone, HFZ Capital, Dov Ohayon

    Blackstone is reportedly hoping to get roughly $75 million with the sale of an Illinois office complex, an HFZ Capital venture is said to have landed a $300 million loan for a New York multifamily property, and an entity managed by Florida investor Dov Ohayon has reportedly picked up approximately two acres of redevelopment property in Miami for $11.19 million.

  • May 9, 2018

    Dollar General Denied Early Win In Sex Misconduct Suit

    A Mississippi federal judge on Tuesday denied Dollar General’s bid for an early win in a U.S. Equal Employment Opportunity Commission suit alleging a former sales associate was subjected to allegedly unwanted physical contact and propositions for sex from a now-fired store manager.

  • May 9, 2018

    Coach Stymies Retail Managers' Class Cert. Bid In OT Suit

    A California federal judge refused to certify a class of Coach store managers who say they were misclassified as exempt from overtime pay requirements, but left the door open for the ex-worker behind the suit to mount another push for class certification.

  • May 9, 2018

    Binny's Liquor Chain Latest To Face Ill. Biometrics Suit

    Illinois liquor store chain Binny's Beverage Depot is the latest employer to face a potential class action under the Illinois Biometric Information Privacy Act, with Binny's workers suing over the company's fingerprint-based timekeeping system.

  • May 9, 2018

    3 Firms Guide Walmart's $16B Deal To Control Flipkart

    Walmart revealed Wednesday that it will take a majority stake in India’s Flipkart for $16 billion, guided by Hogan Lovells, Gibson Dunn & Crutcher LLP and Shardul Amarchand Mangaldas & Co., as the big-box store looks to tap into India’s growing retail market with a top position in the e-commerce platform.

  • May 8, 2018

    Deals Rumor Mill: Walmart, Comcast, Bunge

    Uber's and Lyft's online grocery delivery deals with Walmart are over, Comcast is getting ready to make an all-cash offer for the 21st Century Fox assets that are currently set to be sold to Disney, and Bunge tapped banks to help it list its Brazilian sugarcane mills.

  • May 8, 2018

    Redbox Scoffs At Disney's Latest Bid To Stop Code Sales

    Redbox asked a California federal judge to reject Disney’s second bid to ban it from from selling digital movies at its kiosks, arguing that Disney’s after-the-fact changing of a few words in its terms does not give the media giant the right to restrict its products once they’re sold.

  • May 8, 2018

    O'Reilly Says 'Forum Shopping' Wage Suit Needs A Trim

    O’Reilly Auto Enterprises LLC asked a California federal judge for partial summary judgment that would invalidate a representative Private Attorneys General Act claim, arguing that the employee bringing the wage-and-hour suit has not conducted the requisite groupwide discovery and accusing her counsel of “blatant forum shopping.”

  • May 8, 2018

    Real Estate Rumors: Hudson's Bay, Ashkenazy, David Katz

    Private equity-backed Hudson's Bay and RioCan REIT are reportedly selling a Vancouver store for $521 million, an Ashkenazy Acquisition venture is said to be buying a Manhattan hotel for $600 million, and TL Management's David Katz has reportedly bought a Florida skilled nursing facility for $30.75 million.

  • May 8, 2018

    States Get 'Modest' Tax Help From Cannabis, Moody's Says

    Tax revenue from cannabis sales makes up only a small portion of overall tax revenue in states that have legalized marijuana, despite an explosion in the amount of sales, according to a Tuesday report from Moody’s Investors Service.

  • May 8, 2018

    Jay-Z Has Date With SEC To Discuss Rocawear Sale Fallout

    Manhattan U.S. District Judge Paul G. Gardephe ordered Jay-Z on Tuesday to give testimony to the U.S. Securities and Exchange Commission in its probe of Iconix Brand Group Inc., a troubled fashion brand company that bought assets from the rapper's Rocawear clothing line for $204 million in 2007.

  • May 8, 2018

    New England Coffee Co. Sued Over Lack Of Hazelnuts

    A Rhode Island woman on Monday filed a putative class action suit against New England Coffee Co. and its corporate parent in a Massachusetts federal court, claiming the company is deceptively marketing its hazelnut coffee because it is artificially flavored and contains no hazelnuts.

  • May 7, 2018

    2nd Circ. Won't Revive Retail Rewards Program Fraud Row

    The Second Circuit on Monday upheld the dismissal of a putative class action accusing e-merchants such as Buy.com and Priceline of conspiring with loyalty club businesses to deceptively enroll consumers in rewards programs that automatically charge monthly fees, ruling that the plaintiffs had failed to refute that they had provided their consent.

  • May 7, 2018

    Jay-Z Slams SEC Testimony Request As 'Unreasonable'

    Jay-Z told a New York federal court Monday that the U.S. Securities and Exchange Commission’s attempt to get him to appear in court for multiple days in connection with its investigation into a deal involving his Rocawear clothing line is "unreasonable" and goes beyond the scope of its subpoena.

  • May 7, 2018

    Quick Appraisal Ruling Sought In Rite Aid-Albertsons Deal

    Attorneys for Rite Aid Corp. shareholders urged Delaware’s chancellor Monday to fast-track a dispute over stockholder rights to court appraisal of their shares in a partial merger with Albertsons Cos. LLC, despite a deal structure that Rite Aid said plainly rules out the option.

  • May 7, 2018

    Drug Cos. Can Add Support To Pause Cherokee Opioid Suit

    An Oklahoma federal judge said Monday that several major drug distributors and retail pharmacies can offer more support for their argument that a suit by the Cherokee Nation over the companies’ alleged role in the opioid epidemic should be paused while an Ohio court handling multidistrict litigation decides whether it and other suits by many other tribes belong in federal court.

Expert Analysis

  • Credit Unions Face Website Accessibility Claims Under ADA

    Nancy Rigby

    Credit unions have seen a wave of litigation claiming their websites are inaccessible to blind or low-vision plaintiffs, allegedly in violation of the Americans with Disabilities Act. While two credit unions recently succeeded in defending against such claims, it does not appear they are going away anytime soon, says Nancy Rigby of Weinberg Wheeler Hudgins Gunn & Dial LLC.

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.

  • Keys To Corporate Social Responsibility Compliance: Part 4

    Michael Littenberg

    Over the last few years, there has been a significant increase in litigation and investigations related to corporate social responsibility issues. Activity has increased not only in the United States at the federal, state and local level, but also in several other countries. Proceedings and investigations have involved many different statutes and theories of liability, say attorneys with Ropes & Gray LLP.

  • Opinion

    We Need A Cybersecurity Framework For Law Firms

    Shaun Jamison

    In order to enable lawyers to best meet cybersecurity challenges, state bars should pass rules that adopt a cybersecurity framework to be developed by a national committee, says Shaun Jamison, associate dean of faculty and professor at Purdue University's Concord Law School.

  • How NY And NJ Medical Cannabis Regulations Are Evolving

    Joshua Bauchner

    Medical marijuana programs in New York and New Jersey restrict the number of medical conditions that qualify for cannabis treatment. But both states are moving toward expanding their programs, creating opportunities for patients and businesses alike, say Joshua Bauchner and Anthony D'Artiglio of Ansell Grimm & Aaron PC.

  • Keys To Corporate Social Responsibility Compliance: Part 3

    Michael Littenberg

    As the quantity and quality of corporate social responsibility disclosure increases, there is also movement toward greater comparability. Larger companies should benchmark their disclosures against global peers and evolving global standards, since over time, enhancements in foreign disclosure practices are likely to drive disclosures by many U.S. companies, say attorneys with Ropes & Gray LLP.

  • Equity Partnership Isn’t What It Used To Be

    Jeff Liebster

    To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.

  • Keys To Corporate Social Responsibility Compliance: Part 2

    Michael Littenberg

    Increasingly, corporate social responsibility must be on the radar screen of in-house counsel. Investors are paying more attention to environmental, social and governance issues, and a growing number of shareholder proposals on these subjects should be expected, say attorneys with Ropes & Gray LLP.

  • Series

    Judging A Book: Hardiman Reviews 'Without Precedent'

    Judge Thomas Hardiman

    In his new book, "Without Precedent: Chief Justice John Marshall and His Times," professor Joel Richard Paul ably explains more than a dozen of Marshall’s most significant opinions, which comes as no surprise​. ​What is a surprise — a pleasant one — is the book's readability, says Judge Thomas Hardiman of the Third Circuit.

  • Keys To Corporate Social Responsibility Compliance: Part 1

    Michael Littenberg

    2018 may be the year that corporate social responsibility compliance becomes a core duty of in-house legal departments. Not only have legal requirements proliferated in recent years, but new disclosure requirements and more regulation are on the horizon, say attorneys with Ropes & Gray LLP.