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Retail & E-Commerce

  • October 4, 2018

    Kirkland-Guided MidOcean Closes Fifth Fund At $1.2B

    MidOcean Partners, advised by Kirkland & Ellis LLP, said on Thursday that its latest fund hit its final close after blowing past its $1 billion target.

  • October 4, 2018

    Gucci Must Face ERISA Suit Over Allegedly Mismanaged Plan

    A New Jersey federal judge has denied Gucci America Inc. and its parent company's bid to toss an Employee Retirement Income Security Act brought by a former employee pension benefit plan participant who claims the plan was mismanaged.

  • October 4, 2018

    Real Estate Rumors: Priderock, Invesco, Welltower

    Priderock Capital Partners has reportedly dropped $98 million on two Florida apartment complexes, Invesco is said to have paid $760 million for an 80 percent stake in five New York residential and retail buildings and real estate investment trust Welltower has reportedly sold a Florida health care center for $12.6 million.

  • October 3, 2018

    9th Circ. Rejects Attys' Fees In $38M ProFlowers Deal

    A Ninth Circuit panel on Wednesday vacated a $8.7 million attorneys’ fees award in a $38 million settlement resolving claims that the company behind the websites Proflowers.com and RedEnvelope.com enrolled consumers in a bogus membership rewards program without their consent that charged them monthly fees.

  • October 3, 2018

    4 Firms Break From Pack In Scorching September For IPOs

    Four law firms grabbed the lion's share of work on initial public offerings during a busy September that saw 25 companies, including two blank-check companies, go public and raise more than $6.8 billion, anchored by technology and health care-related issuers plus a steady influx of China-based firms.

  • October 3, 2018

    Investor's 'Gut Feeling' Can't Sustain Suit, Kate Spade Says

    Luxury handbag and accessory maker Kate Spade & Co. told a Delaware Chancery Court judge Wednesday that a shareholder's demand for production of the company’s records could not be granted because the investor wasn't directly involved in the prosecution of the suit beyond his instinctual suspicion that a $2.4 billion merger with Coach Inc. wasn't fair.

  • October 3, 2018

    11th Circ. Upholds $6.3M Godiva Credit Card Settlement

    The Eleventh Circuit on Wednesday affirmed a $6.3 million class settlement Godiva Chocolatier agreed to pay to consumers accusing it of printing too many payment card digits on receipts, finding that attorneys' fees and lead plaintiff incentive were justified and that the lead plaintiff had standing to sue.

  • October 3, 2018

    Amazon Liable As Seller Of Faulty Dog Collar, 3rd Circ. Told

    An Amazon Inc. user who was blinded in one eye by an allegedly defective dog collar she purchased through the internet retail giant urged the Third Circuit to revive her product liability case, telling a three-judge panel on Wednesday that while the company didn't manufacture the product, it was still liable because it directly controlled the sale.

  • October 3, 2018

    CRT Indirect Buyers Seek Fee-Share After 9th Circ. Pushback

    Indirect buyers of cathode ray tubes from three states originally excluded — allegedly inappropriately by class counsel — from a $576.8 million bundle of antitrust settlements with technology giants such as Philips, Panasonic and LG may get a cut after all, following pushback from a Ninth Circuit panel in April.

  • October 3, 2018

    Real Estate Rumors: Fortress, Extell, Trump Group

    Fortress Investment Group has reportedly paid $20 million for a Florida retail building, Extell Development is hoping to get $775 million for a New York residential tower, and Trump Group — which has no affiliation with President Donald Trump — has reportedly landed $558 million for a Florida residential project.

  • October 3, 2018

    Avon Unit Fired Pregnant Exec During Health Scare, Suit Says

    Cosmetics giant Avon’s North American unit fired a newly hired executive over trumped-up “performance issues” days after she asked to work from home during a dangerous stretch of her pregnancy, according to a suit filed Wednesday in New York federal court.

  • October 3, 2018

    Furniture Co. Hit With Doubled Jury Award In IP Row

    An Illinois federal judge on Tuesday doubled to $7 million a jury award to a high-end furniture and lighting company after finding that a Canadian competitor's “multiple misrepresentations” in an infringement suit merited increased damages.

  • October 3, 2018

    US, China Still Sizing Each Other Up In WTO Tariff Dispute

    The United States and China are still in the preliminary phases of Beijing's World Trade Organization case against the Trump administration's tariffs, according to a WTO document published Wednesday that saw Washington eager to question Beijing's retaliatory duties.

  • October 2, 2018

    Toys R Us Axes IP Auction, To Focus On Branding

    Toys R Us has canceled plans to auction off its brand marks and intellectual property later this week, the fallen retail giant told a Virginia bankruptcy court Monday, indicating it will pursue a plan of reorganization that may shift the focus of the company toward its brand names.

  • October 2, 2018

    Deals Rumor Mill: Exxon, Cinven, Mattress Firm

    Exxon Mobil Corp. is considering selling off a trove of assets in the Gulf of Mexico, Cinven wants its seventh buyout fund to rake in a record number of proceeds, and the country’s largest mattress retailer could file for bankruptcy as soon as this week.

  • October 2, 2018

    Infowars Sues After PayPal Cut Ties Based On Hate Speech

    Free Speech Systems LLC, the parent company of Infowars, on Monday slapped PayPal Inc. with an unlawful business practice suit in California federal court, accusing the payments processing website of cutting ties with Infowars because of its conservative viewpoints.

  • October 2, 2018

    Investors Seek To Stop Staples’ $1B Purchase Of Essendant

    Investors in Essendant asked a Delaware federal court Tuesday to halt its $996 million merger with Staples, arguing there is key information missing from disclosures connected to the deal.

  • October 2, 2018

    FDA Focus: What Mintz's Practice Chair Is Watching

    Bethany Hills, chair of the U.S. Food and Drug Administration practice at Mintz Levin Cohn Ferris Glovsky and Popeo PC, tells Law360 that she’s seeing an uptick in “cosmeceutical” class actions and a new trend of drawn-out FDA inspections.

  • October 2, 2018

    GameStop Can't Nix Magazine Subscriber's VRPA Claims

    A Michigan federal judge has refused to release GameStop from claims that it unlawfully sold magazine subscribers' personal information to data miners, holding that the consumer leading the proposed class action needn't meet the Video Rental Privacy Act's actual damages requirement because a previous iteration of the statute still applies.

  • October 2, 2018

    AmEx Won’t Challenge 2-Sided Market In Card-Steering Row

    Multidistrict litigation accusing American Express of keeping competitors at bay by not letting merchants steer customers toward other cards appeared bound for trial after the charge card giant told a New York federal judge Monday it has decided not to challenge one of the possible markets identified by retailers.

Expert Analysis

  • Common Offsite Problems Arising From Triple-Net Leases

    Andrew Hodgson

    In the past few years, landlords, investors and developers have shown increased interest in triple-net ground leases of peripheral properties surrounding retail centers. However, they should consider the issues that can pop up when a ground leased parcel is part of a larger commercial development, says Andrew Hodgson of Husch Blackwell LLP.

  • An Unclear Path For Defending Calif. Wage-And-Hour Claims

    Brandon Takahashi

    The California Supreme Court's recent decision in Troester — holding that Starbucks must pay employees for time spent on off-the-clock tasks — is already affecting state wage and hour class actions. One example is a California federal court's recent decision to partially grant class certification in Ser Lao v. H&M, say Brandon Takahashi and Brian Noh of Hinshaw & Culbertson LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Why Lead Paint Litigation May Go To The Supreme Court

    Catherine Connors

    The U.S. Supreme Court has been asked to review ConAgra Grocery Products Co. and NL Industries v. People of California, a case that concerns whether companies that manufactured lead paint long ago can still be held liable for creating a public nuisance — and there's a decent chance cert will be granted, says Catherine Connors of Pierce Atwood LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • Local Sugar Taxes May Be Headed For A Crash

    Carley Roberts

    California is the latest to join a list of states in banning local taxes targeted at sweetened beverages or similar sugar taxes. The recent popularity of these taxes at the local level not only has the beverage and retail industry fired up over the compliance issues, but citizens are beginning to recognize the paternalistic nature of these taxes and their regressive effects on communities, say attorneys at Pillsbury Winthrop Shaw Pittman LLC.

  • Could Diversity Pledge Lead To Unintended Consequences?

    Anthony Oncidi

    The CEO Action for Diversity & Inclusion Pledge is an initiative designed to promote diversity in the workplace. However, because its three main elements are extremely broad, the lack of specificity about what a company is committing to could be problematic in a litigation context, say Anthony Oncidi and Seth Victor of Proskauer Rose LLP.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.