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Retail & E-Commerce

  • 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.

  • May 7, 2018

    Unicorn Toy Doesn’t Infringe On My Little Pony, Co. Says

    A Japanese-inspired lifestyle brand asked a California federal judge Friday to declare that its rainbow unicorn toys do not infringe on Hasbro’s My Little Pony, arguing that the equine characters are too different in appearance and too clearly labeled to confuse consumers.

  • May 7, 2018

    Nine West Creditors Warn Of Fight Over $50M DIP Term Loan

    The unsecured creditors of Nine West Holdings Inc. could make it more difficult for the bankrupt women’s shoe and apparel company to gain access to a proposed $50 million debtor-in-possession term loan, as an attorney for the creditors complained Monday that it seemed “exorbitantly expensive” and restrictive.

  • May 7, 2018

    Jewelry Shop Workers Can Arbitrate As Class, 2nd Circ. Hears

    A group of women who took their employer Sterling Jewelers to arbitration over alleged sex discrimination argued on Monday for the Second Circuit to reverse a lower court judge’s decision and add 70,000 employees to the case, saying the arbitrator was right to include them.

  • May 7, 2018

    Real Estate Rumors: Deutsche Bank, Fosun, Landstar

    Deutsche Bank is reportedly moving to 1.2 million square feet in Midtown Manhattan, a Fosun International venture is said to have scored a $350 million construction loan for a New York condo and retail project, and an entity tied to a Landstar Development executive has reportedly sold a phase of a Florida development site for $95 million.

  • May 7, 2018

    Prada Wins Arbitration Bid In $1.2M Alligator Egg Suit

    A Florida federal judge on Monday sent a $1.2 million dispute between Prada and a goods shipper to arbitration in Milan, saying the court has no choice in the face of a clearly worded arbitration clause in the parties' agreement for alligator eggs and hatchlings.

  • May 7, 2018

    Trader Joe's Gummy Candies Use Artificial Flavor, Suit Says

    Trader Joe’s Co. is accused of falsely advertising that certain house-brand gummy snacks are all natural when they’re actually flavored artificially, according to a proposed class action removed to California federal court on Friday.

  • May 7, 2018

    Fragrance Giant IFF Inks $7.1B Deal To Buy Rival Frutarom

    International Flavors and Fragrances Inc. struck a $7.1 billion cash-and-stock deal to acquire Israel-based rival Frutarom to create a taste, scent and nutrition giant, the companies said on Monday.

  • May 7, 2018

    NJ Car Dealer Forces Arbitration Of Consumer Fraud Claims

    A New Jersey state appeals court ruled Monday that a woman must arbitrate her consumer fraud claims against a car dealership, saying a trial court properly tossed her proposed class action based on the “clear and unambiguous arbitration agreement” in her sales contract with the business.

  • May 7, 2018

    15 Minutes With Mattress Firm’s General Counsel

    Kindel Elam is living her dream, both physically and metaphorically, as executive vice president and general counsel of Mattress Firm. After eight years at Fulbright & Jaworski LLP, Elam decided she wanted to go in-house at the retail company. Mattress Firm, which had been her client since 2007, went public in 2011 and was looking to hire a general counsel. Here, she shared what keeps her up at night — besides her dog — and her advice to lawyers hoping to make a similar in-house transition.

  • May 4, 2018

    Law360 Reveals Titans Of The Plaintiffs Bar

    They’ve gone up against big-name companies while advocating for plaintiffs ranging from grieving family members to shareholders and consumers in some of the biggest and most well-known cases of the past year.

  • May 4, 2018

    FDA Fights Challenges To E-Cig Regulations In DC Circ.

    The U.S. Food and Drug Administration defended its regulation of electronic cigarettes under the scope of the Tobacco Control Act, telling the D.C. Circuit that it’s not unconstitutional to require such products to be reviewed before hitting the market.

  • May 4, 2018

    Rite Aid Wants Ex-GC's Legal Fee Demands Thrown Out

    Rite Aid Corp. urged the Delaware Chancery Court late Thursday to scuttle two legal fee claims by the company’s once-jailed general counsel, citing disqualification of one demand under the company’s charter and a dismissed case that mooted the second. 

Expert Analysis

  • 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.

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For law firms structured as corporations, a lower maximum corporate tax rate and repeal of the corporate alternative minimum tax are good news. But many law firms are pass-through entities, so deduction limitations mean they'll see less benefit from the new tax law, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • Price Tag, You’re Not It: 4 New Pricing Claims

    Stephanie Sheridan

    As more pricing litigation is filed, we are seeing deviation from traditional claims related to discounts from a notional "original price." While reference price litigation has certainly not gone away, several new types of pricing claims have emerged, making it clear that pricing is a hot issue for the plaintiffs bar, say Stephanie Sheridan and Meegan Brooks of Steptoe & Johnson LLP.

  • 6 Consumer Protection Enforcement Trends To Watch At FTC

    Howard Morse

    With new leadership poised to take the helm at the Federal Trade Commission, now is an opportune time to review the latest consumer protection trends and developments, say attorneys with Cooley LLP.

  • Persistence Pays Off For Adidas In EU Trademark Dispute

    Simon Aytron

    This month, Adidas won a potentially decisive victory in the latest round of its long-running trademark dispute with Shoe Branding Europe. The case, which began in 2009, holds key lessons for brands looking to safeguard or challenge trademarks in EU jurisdictions, say Simon Ayrton and William Hillson of Powell Gilbert LLP.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • How To Interpret A Contract? Ask Those Who’d Sign It

    Omri Ben-Shahar

    Surveys are an accepted method of evaluating consumer perceptions in a wide range of cases. However, when it comes to contracts, it is often the judge or jury who must interpret the text. We suggest surveying consumers to determine which meaning of a disputed term is embraced by a clear majority, say professors at the University of Chicago and consultants at Analysis Group.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Opinion

    It's Time For The US To Re-Engage With The TPP

    Christopher Corr

    A year after President Donald Trump withdrew the U.S. from the Trans-Pacific Partnership, the remaining TPP countries have signed a revised agreement among themselves, and U.S. exporters may pay a heavy price. Now is the time for industries with the most to lose to push for a U.S. return to the TPP, says Christopher Corr of White & Case LLP.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.