Retail & E-Commerce

  • November 20, 2017

    Best Buy Can't Sell NJ Justices On Reviewing Age Bias Suit

    Best Buy Co. has lost its bid for the New Jersey Supreme Court to second-guess a state appellate panel decision reviving a former employee’s age discrimination lawsuit on the grounds that the fired worker never explicitly agreed to a policy that such disputes be arbitrated.

  • November 20, 2017

    Embattled Exelco Should Have Ch. 11 Nixed, US Trustee Says

    A U.S. bankruptcy watchdog wants to dismiss diamond cutter Exelco NV’s Delaware bankruptcy, or possibly convert it to a Chapter 7, saying the company isn’t fulfilling major obligations it took on when it availed itself of court protection.

  • November 20, 2017

    Menards Delivery Drivers Not Employees, NLRB Judge Says

    A National Labor Relations Board judge on Friday ruled that delivery drivers for Menards are not employees of the home improvement retailer, tossing claims the company violated federal labor law by classifying the drivers as independent contractors and maintaining mandatory arbitration policies.

  • November 20, 2017

    Split 6th Circ. Affirms GM Win In Dealership Contract Suit

    General Motors LLC didn’t breach its contract with an Ohio dealer by charging back $47,000 for incentive payments that didn’t meet the automaker’s requirements, a split Sixth Circuit said Monday, finding the contract required the dealership to meet GM’s incentive program requirements and affirming a lower court's ruling.

  • November 20, 2017

    Fed. Circ. Keeps Gilstrap Order Nixing IV IP Under Alice

    The Federal Circuit on Monday cemented a decision by U.S. District Judge Rodney Gilstrap invalidating two retail patents held by Intellectual Ventures, affirming a ruling in which Judge Gilstrap found the patents claim only abstract ideas under the U.S. Supreme Court’s Alice decision.

  • November 20, 2017

    Kohl's Shoppers' Misleading-Discount Suit Can Proceed

    A California judge on Monday declined to toss claims accusing Kohl’s Department Stores Inc. of misleading customers with the application of its Kohl's Cash discounts, saying the pleadings in a putative class action are sufficient enough to proceed.

  • November 20, 2017

    Ex-Willkie, Hunton Atty Cops To Role In $7.8M Scheme

    A former Willkie Farr & Gallagher LLP and Hunton & Williams LLP partner admitted Monday in New Jersey federal court to taking part in a scheme with her estranged husband to defraud the firms and Mastercard Inc. out of roughly $7.8 million by billing them for work that was not performed.

  • November 20, 2017

    Yahoo Tells 9th Circ. SEC Order Blocks Derivative Suit

    Yahoo Inc. shouldn’t have to face a shareholder derivative suit alleging that it failed to register as an investment company once its Alibaba Group Holding Ltd. stake outweighed its internet business, it told the Ninth Circuit on Friday, saying that an exemption order by the U.S. Securities and Exchange Commission cannot be reviewed by the court.

  • November 20, 2017

    Wilson Can't Duck Youth Baseball Bat Labeling Suit

    An Illinois federal judge mostly rejected a bid by Wilson Sporting Goods Co. to duck a proposed class action alleging the company misled consumers by falsely representing its premium DeMarini baseball bats as compliant with key youth sports standards, but tossed certain Illinois consumer protection and express warranty claims.

  • November 20, 2017

    Alibaba Readies $2.9B Investment In Chinese Grocer Sun Art

    Alibaba will take a HK$22.4 billion ($2.88 billion) stake in Chinese food retailer Sun Art in a partnership with the company’s current backers, as the Chinese internet and e-commerce giant looks to bridge the gap between online and offline shopping, according to a Monday statement.

  • November 17, 2017

    Judge Halts Post-Trial Patent Re-Examination Bid

    A federal judge granted an emergency restraining order on Thursday to bar sportswear maker Seirus Innovative Accessories, facing a $3.4 million judgment in a trial against Columbia Sportswear North America Inc. over jacket lining patents, from rebooting the California court fight in the U.S. Patent and Trademark Office.

  • November 17, 2017

    VC-Backed Stitch Fix Ekes Gain After $120M IPO Prices Low

    Shares of venture-backed e-commerce startup Stitch Fix Inc. barely gained on Friday after pricing a downsized $120 million initial public offering, making it one of five issuers spanning the technology, real estate, banking and life science sectors to debut on public markets.

  • November 17, 2017

    Colgate Says Experts' Nix Undermines Philly Talc Case

    The recent exclusion of two expert witnesses for a customer alleging Colgate-Palmolive Co.’s talcum powder contained asbestos that caused her mesothelioma means Colgate should not face trial in the matter, the company told a Philadelphia judge on Thursday.

  • November 17, 2017

    Shiboleth Calls Latest Malpractice Suit Tardy

    The third time is not the charm for a malpractice and fraud suit brought against Shiboleth LLP by ex-client Luv n’ Care Ltd., the firm told a New York federal court Thursday, saying the latest claims were filed years too late.

  • November 17, 2017

    Mainstreet Inks $425M Deal For 42 Health Care Centers

    Mainstreet Health Investments said Friday that it will snap up fellow real estate investment company Care Investment Trust LLC and its 42 health care facilities from diversified holding company Tiptree Inc. for $425 million, amid a bid to rebrand itself as Invesque Inc.

  • November 17, 2017

    Real Estate Rumors: Lloyds, Ross Stores, Hines

    Lloyds Banking Group is reportedly in talks to sell its London headquarters for nearly $200 million, Ross Stores is said to have sold a Florida property for more than $16 million, and Hines has reportedly paid more than $200 million for a stake in a Los Angeles project being developed by the Martin family of Martin Automotive Group fame.

  • November 17, 2017

    Legacy Raises $300M In IPO To Buy Consumer Co.

    Legacy Acquisition Corp., a blank check company led by former Procter & Gamble Co. executives and private equity veterans who aim to acquire a consumer-oriented company, listed shares Friday after raising $300 million through an initial public offering.

  • November 16, 2017

    Forever 21 Says Unencrypted Payment Card Data Breached

    Forever 21 customers who swiped their payment cards between March and October at certain retail locations that weren’t using encryption and tokenization methods that the company rolled out two years ago may have had their personal information compromised in a recently discovered data breach, the apparel retailer said Tuesday.

  • November 16, 2017

    Class Deal OK'd After 9th Circ. Ruling Saves TCPA Suit

    A California federal judge on Thursday preliminarily approved a deal settling putative class claims for 8,313 car dealership customers accusing the business and its marketer of violating the Telephone Consumer Protection Act, an agreement reached after the case was revived based on a recent Ninth Circuit ruling.

  • November 16, 2017

    Defunct Food Distribution Co. Owner Gets 3 Years For Fraud

    The owner of a former food distribution company has been sentenced by a federal judge to three years behind bars for swindling three restaurant groups out of millions of dollars, the U.S. Attorney’s Office for the District of Connecticut announced Thursday.

Expert Analysis

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • In California, Made-For-Outlet Products Are OK

    Jay Ramsey

    Many class actions have been filed against major retailers challenging the selling of products made only for an outlet or factory store, without disclosing them as such. But the California Court of Appeal recently upheld the lawfulness of this practice. The ruling may portend more courts taking a hard look at such claims, says Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

  • Retailers Must Prevent Sales Of Recalled Products

    Jonathan Judge

    Recently, Home Depot became the latest mass retailer to pay a civil penalty for selling products previously recalled by the U.S. Consumer Product Safety Commission. Penalties like this signal that the CPSC has made enforcement of this issue a priority, and retailers must tightly manage their inventory to prevent such transactions from happening, says Jonathan Judge of Schiff Hardin LLP.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • How States Are Trying New Strategies To Collect Sales Tax

    Carley Roberts

    States historically have had difficulty collecting sales tax from out-of-state sellers, thanks to the U.S. Supreme Court's Quill decision. But recent laws aimed at forcing online marketplaces to collect sales tax or comply with certain reporting requirements show that states are getting creative in pursuing tax revenue, say attorneys at Eversheds Sutherland LLP.

  • Merger Enforcement Takeaways From 5 Recent Cases

    Debbie Feinstein

    Despite a number of key federal antitrust posts remaining vacant, the antitrust authorities have remained quite active. Here, attorneys with Arnold & Porter Kaye Scholer LLP discuss five recent transactions and what those cases mean for merger enforcement in the United States in the coming months and years.

  • Reliability Of 'Price Premium' Calculations In Class Actions

    Jon Tomlin

    The evaluation of price premium models by trial courts will be critical in determining the success of current consumer class actions and the prevalence of future consumer class actions. However, many recently proposed price premium models have fallen short of meeting the economic requirements of a reliable price premium calculation, says Jon Tomlin of Navigant Consulting.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.