Retail & E-Commerce

  • February 6, 2018

    Bon-Ton Gets Interim $725M DIP OK, Beats Liquidation Push

    Bankrupt department store chain Bon-Ton Stores Inc. secured interim approvals Tuesday for a $725 million debtor-in-possession loan and a 42-store closing plan after overcoming arguments that its more than $1 billion restructuring effort should be dropped in favor of liquidation.

  • February 6, 2018

    NBC Pushes To Arbitrate $30M 'Housewives' Defamation Suit

    NBC Universal asked a Florida federal judge Monday to force the ex-business partner of “Real Housewives of New Jersey” star Melissa Gorga to arbitrate her $30 million defamation claims against Gorga, NBC and the show's executive producer Andy Cohen because of an agreement she signed.

  • February 6, 2018

    Furniture Co. Faces Shareholder Suit Over Asset Sale

    Stanley Furniture Co. Inc. was hit with a proposed class action in North Carolina federal court on Monday accusing the company and its directors of issuing a proxy statement that doesn’t include enough information for shareholders to properly assess the fairness of a proposed asset sale.

  • February 6, 2018

    Samsung, Sears Face Class Action Over Plasma TV Defect

    A disgruntled consumer slapped Samsung and Sears with a proposed class action in Utah federal court on Monday, alleging the pair manufactured and sold faulty plasma televisions prone to quick deaths through overheating.

  • February 5, 2018

    Edible Arrangements Hits Google With $209M TM Suit

    Google Inc. confuses its users by conflating Edible Arrangements with its competitors in search results, the fruit basket company said in a lawsuit seeking $209 million in damages filed Monday in Connecticut federal court against the search engine giant.

  • February 5, 2018

    Motel Operator Hits Another Co. With Junk Fax Suit

    A Connecticut federal judge has refused to toss Gorss Motels Inc.'s proposed class action against AVM Enterprises Inc. alleging AVM violated the Telephone Consumer Protection Act by sending junk faxes to the motel operator, ruling the question of whether the faxes were unsolicited couldn't be resolved at this stage.

  • February 5, 2018

    Amazon, Others Accused Of Infringing Smartphone Patents

    Amazon and other tech companies were sued in Illinois federal court on Monday by a company claiming to hold two patents for a handheld “multimedia device,” and alleging the tech giants were wrongfully profiting off of violating the patents with the sale of their popular smartphones and tablets.

  • February 5, 2018

    Disney Seeks Early Block On Redbox Digital Movie Sales

    Disney on Monday urged the California federal judge overseeing its copyright infringement suit against Redbox to temporarily block the rental kiosk company from selling digital downloads of its movies, while Redbox fought the injunction bid by arguing there's no contractual language in place to prevent its actions.

  • February 5, 2018

    Real Estate Rumors: Bank Of The Ozarks, Feil, Lennar

    Bank of the Ozarks is said to have loaned nearly $90 million for a Florida hotel, retail and restaurant construction project; Feil Organization is said to have picked up three Chicago retail properties for $30 million; and Lennar has reportedly bought 273 acres in Florida for $17.5 million.

  • February 5, 2018

    Amazon Settles €196M Tax Dispute With France

    Amazon has reached a deal with France over €196 million ($244 million) in taxes the tech giant allegedly owed in the country, according to a recent filing with the U.S. Securities and Exchange Commission, which did not disclose the settlement amount.

  • February 5, 2018

    Henkel Can't Rinse Off Detergent Labeling Suit

    A New York federal judge on Monday shut down attempts to end a proposed class action alleging Henkel Consumer Goods Inc. misleadingly labels its Purex “Natural Elements” laundry detergents, saying whether it does or not depends on if a fact-finder would consider water a natural element.

  • February 5, 2018

    Lululemon Says Foreign Fraudsters Selling Fake Products

    Lululemon Athletica Canada Inc. slapped several foreign alleged product counterfeiters with trademark infringement claims Monday in Chicago federal court, saying the groups are selling knockoff products that infringe several of the company's trademarks.

  • February 5, 2018

    US Trustee Opposes Toys R Us Store Closure Plan

    The U.S. Trustee on Friday asked a Virginia bankruptcy court to put the brakes on Toys R Us’ plan to close more than 180 stores nationwide, saying there were issues with the hiring of the liquidation consultants and a planned payment of up to $6.8 million in employee bonuses.

  • February 5, 2018

    Aramark Can't Keep Wage, Rest Break Suit In Federal Court

    A proposed class action accusing several Aramark subsidiaries of not properly paying workers and failing to give them proper rest periods was sent to California state court Monday, after a federal judge rejected the employers’ contention that state law claims were preempted by the Labor Management Relations Act.

  • February 5, 2018

    Weil Guides Kroger In $2.15B Convenience Stores Sale

    Weil Gotshal & Manges LLP advised Kroger on its $2.15 billion sale of several hundred convenience store businesses to U.K.-based privately held gas station operator EG Group, a deal that marks EG's entry into the U.S. market, the firm and companies said Monday.

  • February 5, 2018

    IRS Asks Supreme Court To Skip Appeal In Marijuana Case

    The IRS on Friday defended its authority to deny tax credits to drug traffickers and urged the U.S. Supreme Court to deny an appeal by a Colorado marijuana company that argued the IRS lacks the power to investigate drug cases.

  • February 5, 2018

    From Amazon To Foxconn, Incentives To Woo Biz Scrutinized

    Recent efforts by 20 finalist cities to entice Amazon to build its new headquarters in their community and by Wisconsin to lure Foxconn have sparked a trend of heightened awareness and scrutiny over using tax dollars to woo and keep businesses and to create jobs.

  • February 5, 2018

    Bon-Ton Stores Hits Ch. 11 With $1B Debt, Sale Plans

    Lugging about $1 billion in debt, Bon-Ton Stores Inc. moved its 256-site department store chain into Chapter 11 in Delaware late Sunday, with an all-asset bankruptcy sale and $725 million debtor-in-possession loan in the works.

  • February 2, 2018

    Kraft, Others Revive Egg Price-Fix Claims At 3rd Circ.

    The Third Circuit revived claims by Kraft Foods Inc. and others that certain suppliers conspired to fix the prices of eggs, finding in an issue of first impression that direct purchasers of an allegedly fixed-price product can sue even if some of the products come from nonconspirators.

  • February 2, 2018

    Chinese Co. Escapes $2.4B Judgment In Price-Fixing Row

    A California federal judge has refused to enter a $2.4 billion default judgment against Irico Group Corp. and its subsidiary in cathode ray tube price-fixing litigation, despite the state-owned Chinese electronics company’s yearslong absence in the suit, giving the company another chance to defend itself.

Expert Analysis

  • CPSC Final Rule Could Presage Further Phthalate Bans

    Sarah Schiferl

    The U.S. Consumer Product Safety Commission recently issued a final rule prohibiting the manufacture, import and sale of toys and child care products containing five phthalate chemicals. The rule may foreshadow bans on phthalates in other products and industries, from cosmetics to food packaging, say Sarah Schiferl and Amy Rubenstein of Schiff Hardin LLP.

  • Diagnosing Juror Bias Against Foreign Witnesses

    Christina Marinakis

    In an effort to study jurors' attitudes toward foreign witnesses, a representative sample of over 1,000 jury eligibles across the U.S. were surveyed over the course of several years. The results revealed two important findings, says Christina Marinakis, director of jury research at Litigation Insights.

  • FCPA Enforcement Picks Up In 2nd Half Of 2017

    Michael Skopets

    The last few months have seen increased enforcement activity related to the Foreign Corrupt Practices Act. Since August, the U.S. Securities and Exchange Commission and the U.S. Department of Justice have resolved more than 15 cases against corporations and individuals, issued several declinations, and initiated at least five new investigations, say Michael Skopets and James Tillen of Miller & Chevalier Ltd.

  • Hearing The Need For More Women’s Voices In The Courtroom

    Carrie Cohen

    For many female attorneys, the results revealed in the New York State Bar Association’s recently adopted report on female litigators in the courtroom were not encouraging but not terribly surprising. Each stakeholder in the litigation process — judges, law firms and corporate clients — should contribute toward increasing female voices in the courtroom, says Carrie Cohen of Morrison & Foerster LLP.

  • Roundup

    40 Years Of FCPA

    FCPA

    ​Dec. 19 marked the 40th anniversary of the Foreign Corrupt Practices Act. Catch up on this series featuring reflections from attorneys who have played a role in the evolution of FCPA enforcement, defense and compliance.​

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • What To Know About NY's Proposed 'Call-In Pay' Regs

    Kristin Klein Wheaton

    Recently proposed regulations by the New York State Department of Labor will result in challenges for employers who regularly fall into situations where employee schedules are not determined well in advance or change at the last minute, say Kristin Klein Wheaton and Christopher Maugans of Goldberg Segalla.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • Series

    40 Years Of FCPA: An Update From The DOJ

    Daniel Kahn

    U.S. Department of Justice prosecutors and law enforcement partners have secured more foreign bribery-related trial convictions and guilty pleas this year than in any other year in the history of the Foreign Corrupt Practices Act, in fact by almost twice as much. These are all significant cases with significant impacts, says Daniel Kahn, chief of the DOJ's FCPA Unit.