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Retail & E-Commerce

  • October 2, 2018

    Real Estate Rumors: Fla. Home, Cockroach Labs, Knickpoint

    A trust controlled by Florida lawyer Paul Krasker has reportedly bought a Florida mansion for $28.6 million, software firm Cockroach Labs is said to be taking nearly 17,000 square feet in New York, and Knickpoint Ventures has reportedly bought a majority stake in a Chicago redevelopment project that includes a grocery store.

  • October 2, 2018

    Pa. Justices Urged To OK GNC Managers' Time And A Half OT

    A class of General Nutrition Centers Inc. managers is fighting back against arguments that state law permits the company to pay half-time rates as a premium to salaried employees who work more than 40 hours a week in a closely watched appeal before the Pennsylvania Supreme Court.

  • October 2, 2018

    LaCroix's 'All Natural' Claims Don't Hold Water, Class Says

    The maker of wildly popular LaCroix sparkling water misleads consumers by claiming that it is “100% Natural” while adding synthetic compounds that are used in insecticides and cancer treatments, a proposed class of Illinois consumers said in a suit filed in state court Monday.

  • October 2, 2018

    EU Tweaks Sales Tax On Cross-Border Value Chains

    The European Union agreed to change how value-added taxes apply to some cross-border transactions at a gathering of finance ministers in Luxembourg Tuesday.

  • October 1, 2018

    Supreme Court Passes On Review Of Walmart Derivative Suit

    The U.S. Supreme Court on Monday denied a petition to review a derivative shareholder suit against the directors of Walmart Inc. that was originally tossed by Delaware’s Chancery Court because its claims were already dismissed in an earlier-filed suit in Arkansas.

  • October 1, 2018

    Ross Shoppers Bag $4.85M Deal With Store Over Price Tags

    Consumers have urged a California federal court to approve a $4.85 million settlement ending claims that Ross Stores Inc. duped customers into believing they were paying less for items by including the phrase "comparable at" on their price tags. 

  • October 1, 2018

    Deals Rumor Mill: Campbell, Richemont, Lone Star

    Daniel Loeb is pushing for Campbell Soup Co. to offload a trove of brands and consider a sale, Compagnie Financière Richemont SA is mulling a deal for Buccellati, and Lone Star Funds might sell Evoca Group.

  • October 1, 2018

    Restoration Hardware Investors Win Cert. In Stock-Drop Suit

    Investors won class certification Monday in their suit claiming Restoration Hardware misrepresented its luxury home collection's success, with a California federal judge saying that if the case didn't satisfy classwide damages requirements, she wasn't sure what would.

  • October 1, 2018

    Brookstone Gets $73M Bid To Buy Airport Stores, IP Assets

    After a four-day auction, bankrupt gadget retailer Brookstone secured a roughly $73 million bid to purchase its intellectual property, e-commerce domain and all but one of its airport stores in its Chapter 11 going-concern sale.

  • October 1, 2018

    Ticketmaster, Live Nation In Cahoots With Scalpers: Suit

    Ticketmaster LLC is secretly working with scalpers to “cash in twice” on the event tickets it sells — getting a fee for the original purchase and then another cut on the resale market — a putative class action filed Friday in California federal court alleges.

  • October 1, 2018

    Ex-Philly Retail Exec Says Partner Reneged On $7M Exit Deal

    A former co-owner of the landmark Philadelphia luxury retailer Boyds is accusing his brother-in-law and former business partner of reneging on a $7 million contract governing his retirement from the company following a fight outside a popular cheesesteak stand.

  • October 1, 2018

    Real Estate Rumors: Blackstone, Wells Fargo, Elion Partners

    Blackstone Real Estate Income Trust has reportedly landed a $257 million CMBS loan for hotels in Florida, California, Massachusetts and beyond, Broward Health is said to be seeking to buy a Florida property from Wells Fargo, and an Elion Partners venture is said to have bought a New York residential and retail portfolio for $83 million.

  • October 1, 2018

    Groupon, IBM Agree To $57M Post-Trial Deal In Patent Row

    Groupon Inc. has agreed to pay IBM Corp. $57 million to end claims in Delaware federal court that Groupon infringed e-commerce patents dating to the early days of personal computing, vacating an earlier $82.5 million jury verdict, the companies announced Monday.

  • October 1, 2018

    Ex-EBay, PayPal Exec Faces SEC Insider Trading Suit

    The U.S. Securities and Exchange Commission hit eBay Inc. and PayPal Holding Inc.'s former director of SEC reporting with a lawsuit in California federal court Friday, claiming he illegally made $36,000 off insider tips regarding PayPal's 2015 acquisition of digital money transfer company Xoom Corp.

  • October 1, 2018

    French Retailer Sells €565M In Assets, Looking To Shed Debt

    French retailer Casino Group said Monday that it has agreed to sell 55 real estate assets of its Monoprix SA subsidiary, which provides groceries, hardware, clothing and household items, to an institutional investor for €565 million ($654.5 million) as the company continues its deleveraging plan.

  • October 1, 2018

    Beyoncé Can't Shut Down 'Feyoncé' Merchandise

    A New York federal judge on Sunday rejected a request from Beyoncé for an order shutting down a line of “Feyoncé” merchandise, ruling that the name was clearly chosen to capitalize off the singer’s fame but could still be legal under trademark law.

  • October 1, 2018

    Calif. Gov.'s Bill Flurry A Mixed Bag For Workers

    California Democratic Gov. Jerry Brown took action Sunday on several work-related bills, signing into law proposals that will make it easier for workers to speak out about and sue over workplace sexual harassment but vetoing efforts to block arbitration of work-related claims.

  • September 28, 2018

    Supreme Court Cheat Sheet: 8 Cases To Watch

    With D.C. Circuit Judge Brett Kavanaugh’s fate as the ninth justice still hanging in the balance, the U.S. Supreme Court kicks off its new term Monday without a case of blockbuster proportions. But there are several bread-and-butter business issues filling out the docket.

  • September 28, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a Toys R Us property unit sued by the firms behind its £263 million bridge loan, XL Catlin lodge a claim against a commercial motor insurance specialist and an action on behalf of Lloyd's underwriters against QBE Insurance.

  • September 28, 2018

    Calif. Dog Walkers Fetch $1M Deal In Misclassification Row

    Roughly 38,000 part-time dog walkers for Wag Labs Inc. asked a California federal judge Thursday for the go-ahead on a $1 million settlement over claims the company misclassified them as independent contractors, arguing that the average recovery of $17 for each class member is a good outcome.

Expert Analysis

  • A Teachable Moment On Adequate Disclosures

    Marc Casarino

    Full and accurate disclosure of information by a corporation to its stockholders is a basic component of obtaining consent to mergers and other fundamental transactions. But the Delaware Supreme Court's decision in Morrison v. Berry is a stark reminder that implementing adequate disclosures is easier said than done, say Marc Casarino and Lori Smith of White and Williams LLP.

  • New Accessibility Lawsuit Trend: Class Action Complaints

    Edward Harold

    Recently, enterprising attorneys have brought Americans with Disabilities Act claims as class actions directed at all of a company’s locations. Their contention that the ADA requires broad, companywide compliance policies is controversial, but businesses must prepare for such claims, says Edward Harold of Fisher Phillips LLP.

  • Why A Hoverboard Suit Against Amazon Went Up In Flames

    Jed Winer

    Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace? The plaintiffs in Fox v. Amazon.com argued exactly that, and the district court answered with a resounding “no.” Online marketplaces are simply not in a position to supervise every product sold on their platforms, says Jed Winer of Weil Gotshal & Manges LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Awaiting Clarity On Fluctuating Workweek In Pa.

    Jeffrey Cadle

    Now that the Pennsylvania Supreme Court has allowed the state Superior Court's decision in Chevalier v. General Nutrition Centers to be appealed, it is possible that the fluctuating workweek method — an alternative for employers to calculate overtime pay for salaried employees — could be explicitly adopted in the state, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • Trends In Protection Of Anonymous Online Speech

    Margaret Krawiec

    Soon the Texas Supreme Court will consider under what circumstances Glassdoor should be compelled to reveal the identities of anonymous reviewers. Skadden attorneys Margaret Krawiec and Thomas Parnham discuss how courts over the years have answered the fundamental First Amendment question of whether to unmask an internet user who chooses to speak anonymously.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Testing Mandate Is Straining California Cannabis Cos.

    Oren Bitan

    California’s Proposition 64 legalized recreational cannabis, but set a deadline of July 1, 2018, for cannabis products to be tested for a range of toxic substances. Since then, one in every five pot samples have failed required testing, posing big challenges for the industry, says Oren Bitan of Buchalter PC.