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Retail & E-Commerce

  • January 2, 2019

    Tech Giants Skirt Claims They Aided 2015 Calif. Terror Attack

    Twitter, Facebook and Google can’t be held responsible for a December 2015 terrorist attack in San Bernardino, California, because those harmed in the incident can’t show the tech companies actually aided the attackers, a California federal judge has said.

  • January 2, 2019

    Nike Infringed Compression Clothes TM, Rival Says

    Lontex Corp. has hit fellow athletic apparel maker Nike Inc. with a trademark infringement suit in Pennsylvania federal court for using its signature “cool compression” branding term without permission, alleging Nike knew full well that Lontex had registered the trademark nearly a decade prior.

  • January 2, 2019

    Ballard Spahr, Venable Steer $135M Md. Logistics Loan

    Ballard Spahr LLP represented Allianz Real Estate on its $135 million loan to Venable LLP-counseled Tradepoint Atlantic for two Maryland industrial buildings leased to Amazon.com Inc. and Under Armour, the deal's broker announced Wednesday.

  • January 1, 2019

    California Legislation And Regulation To Watch In 2019

    Outgoing California Gov. Jerry Brown has teed up implementation challenges for regulators in 2019 by signing more than 1,000 bills during his final year in office, including online data protections for consumers and legislation targeting workplace sexual harassment, while legislators are expected to address recent court rulings concerning gig workers and online sales taxes.

  • January 1, 2019

    Retail Cases And Trends To Watch In 2019

    The retail and e-commerce industries will have an eventful start to the new year on lingering issues surrounding comparative pricing, arbitration and independent contracting and the legal fallout from Zappos.com’s massive data breach. Here, Law360 explores cases and litigation areas that are worth watching in 2019.

  • January 1, 2019

    Consumer Protection Cases To Watch In 2019

    The new year isn’t shaping up to be a restful one for consumer protection attorneys, with the full Ninth Circuit poised to hand down a decision on nationwide class settlements, the high court diving back into standing in the privacy context and the Federal Communications Commission grappling with the scope of the Telephone Consumer Protection Act. Here, Law360 rounds up the cases worth keeping an eye on in 2019.

  • January 1, 2019

    Illinois Cases To Watch In 2019

    The Illinois Supreme Court is poised to decide who can sue under the state’s biometric privacy law, in a closely watched case that could end up curtailing what’s been an active stream of litigation under the statute. Here, Law360 takes a look at that case and others lawyers should be watching in 2019.

  • January 1, 2019

    Post-Wayfair State Developments To Watch In 2019

    The U.S. Supreme Court’s landmark Wayfair decision may have raised more questions than it answered, and 2019 will see states and the business community trying to address those questions. Here are key developments in response to Wayfair to watch for in 2019.

  • December 21, 2018

    Parts Of $69B CVS-Aetna Deal Gets Temporary Greenlight

    After CVS Health Corp. agreed to submit quarterly declarations that it is keeping parts of its business separate from its recently purchased Aetna Inc. assets, a D.C. federal judge said Friday that he won't stop CVS' efforts to integrate other parts of Aetna's business while he reviews the multibillion-dollar merger.

  • December 20, 2018

    Judge Tells Sears It Sold Too Many Notes, Undoes Sale

    A New York bankruptcy judge told Sears Holding Corp. Thursday it went beyond his order when it sold $900 million in intercompany debt to debtor-in-place lender Cyrus Capital Partners, saying Sears will have to entertain new bids and get a new order in the new year.

  • December 20, 2018

    Belk Team Managers Get OK On Class OT Deal

    A Texas federal judge on Thursday greenlighted a deal that ends for an undisclosed sum — but pays the plaintiffs’ attorneys $1.9 million — a wage collective action alleging department store Belk Inc. shorted hundreds of workers by misclassifying them as overtime exempt.

  • December 20, 2018

    Makeup Brand Co. Hits Ch. 11 With $16M Stalking Horse Bid

    Glansaol Holdings Inc., a holding company that owns three makeup brands, filed for Chapter 11 on Wednesday in New York bankruptcy court with roughly $18.5 million in debt, with plans to sell itself to AS Beauty LLC for $16 million.

  • December 20, 2018

    Starbucks Looks To Dump White Chocolate Energy Drink Spat

    Starbucks asked a New York federal court on Wednesday to toss a putative class action alleging the company deceived customers by selling white chocolate-flavored energy drinks that do not contain white chocolate, telling the court the products were appropriately labeled as naturally and artificially flavored.

  • December 20, 2018

    Investor Suit Against Apparel Retailer J.Jill Doesn't Fit: Judge

    A Massachusetts federal judge dismissed three consolidated stock-drop suits against women's apparel company J.Jill on Thursday, ruling that the company had not made material omissions just three days after he heard oral arguments on the company's motion to kick the claims.

  • December 20, 2018

    Dealers Want Final OK On Reynolds' $29.5M Antitrust Deal

    Auto dealerships asked an Illinois federal judge on Wednesday to definitively sign off on their $29.5 million deal that would jettison Reynolds and Reynolds Co. from their class action alleging the auto software company conspired with another industry giant to monopolize the dealer data market.

  • December 19, 2018

    Del. Chancery Strikes Charters' Fed. Court Provisions

    A Delaware Chancery Court ruling Wednesday struck down three state-chartered company bylaws mandating federal district court handling of 1933 Securities Act complaints, declaring Delaware companies can only limit forum options for internal corporate matters.

  • December 19, 2018

    Rockport Ch. 11 Estate Gets Approval For Liquidation Plan

    The Chapter 11 successor of footwear retailer The Rockport Co. LLC received court approval Wednesday in Delaware for a plan of liquidation that will fund claim reserves for payment of administrative expenses and professional fees.

  • December 19, 2018

    Wine Lovers Fear Justices Will Spoil Cross-State Shipping

    As the wine industry waits with bated breath for next month's U.S. Supreme Court arguments over a Tennessee retail law, a group of wine consumers worried Wednesday that the justices could hamper cross-state bottle sales and make it harder for people to find that perfect blend or rare vintage not stocked at the local store.

  • December 19, 2018

    Liberty Owes Defense In Fuzzy Slipper IP Fight, 2nd Circ. Says

    The Second Circuit on Wednesday affirmed that Liberty Mutual units must fund footwear company High Point Design LLC’s defense of claims that it infringed another company’s patented design for fuzzy slippers, while also directing a lower court to reevaluate how much the insurer is obligated to pay.

  • December 19, 2018

    Retailers Chop Chicken Of The Sea From Tuna Price-Fix MDL

    Thirty food retailers including Kmart, Dollar Tree and Family Dollar have cut Chicken of the Sea from massive multidistrict litigation in California federal court accusing packaged seafood producers of fixing prices for canned tuna.

Expert Analysis

  • Opinion

    3 Ways To Disarm The Next Local Subsidy Arms Race

    Anne Philpot

    Amazon recently concluded a 14-month bidding war among 238 cities, each hoping to secure an economic boost. The vicious cycle of offering costly public subsidies to corporate giants can be broken by adopting specific cultural and legal reforms, say Ann Philpot and Michael Farren of the Mercatus Center at George Mason University.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.

  • Tips For Planning A Holiday Pop-Up Shop

    Serena Carlsen

    Pop-up locations are a fun and effective way to engage new clients and increase brand awareness while keeping overhead costs low. These temporary retail stores involve both customary and unique legal issues for retailers to consider when structuring a pop-up campaign, say attorneys at Perkins Coie LLP.

  • A Multistate Perspective On Taxation Of Digital Products

    Christopher Lutz.jpg

    While most states have addressed the taxability of canned and custom software, these two concepts already appear antiquated. Now, with electronically delivered and remotely accessible software, the guidance among states has begun to diverge substantially, says Christopher Lutz of Horwood Marcus & Berk Chtd.

  • Emerging Cybersecurity Threats In The Legal Industry

    Michael Hall

    Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.

  • How The FAA Reauthorization Accelerates Drone Integration

    Joel Roberson

    The law reauthorizing the Federal Aviation Administration requires the FAA to take numerous regulatory actions that will reshape the use of drones by governmental, commercial, hobbyist and recreational operators, say Joel Roberson and Jennifer Nowak of Holland & Knight LLP.

  • Rise Of The CMOs


    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • High Court May Dim Lights On Class Arbitration In Lamps Plus

    Adam Primm

    Following recent U.S. Supreme Court oral arguments in Lamps Plus v. Frank Varela, the Ninth Circuit’s decision in the case appears to be facing an uphill battle to uphold the authorization of class arbitration, say Adam Primm and Peter Kirsanow of Benesch Friedlander Coplan & Aronoff LLP.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • Solving The Mystery Of Contracting By Hyperlink

    Alan Wingfield

    When analyzing the incorporation of contract terms by reference using hyperlinks, courts are increasingly focusing on the hyperlink's labeling, location, prominence and accessibility, and on the consumer's assent, say Alan Wingfield and Troy Jenkins of Troutman Sanders LLP.