Retail & E-Commerce

  • 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.

  • November 16, 2017

    Startup Tells 9th Circ. $1B IP Holder Not A 'Sham' Co.

    Startup Indiezone Inc. told the Ninth Circuit on Thursday that a lower court erred in sanctioning it and its lawyer for bringing a “sham” company into its case alleging former employees conspired to steal its $1 billion e-commerce processing software, saying new evidence showed the co-plaintiff was legitimate.

  • November 16, 2017

    Toys R Us Asks For $100M In Incentives For Execs, Workers

    Toys R Us Inc. on Wednesday asked a Virginia bankruptcy court for permission to pay its employees up to $100 million in bonuses, saying the incentives are needed to navigate the company through a Chapter 11 holiday season.

  • November 16, 2017

    Rite Aid Manager's $9M Award In Retaliation Suit Trimmed

    A California appeals court on Wednesday wiped out $5 million of a nearly $8.8 million wrongful discharge award a jury gave to a former Rite Aid manager it found was fired because of disabilities stemming from a store robbery, saying the company shouldn’t be punished for low-level leaders’ mistakes.

  • November 16, 2017

    Calif. Jury Awards E-Cig Maker $4.7M In 'Milk Man' TM Row

    A California federal jury has found that e-cig liquid maker Steam Distribution LLC must pay $4.7 million in damages to rival AOP Ventures Inc. for infringing on its "Milk Man" trademark, concluding that Steam hadn’t shown any of its sales of products branded with the mark weren't traceable to its infringement. 

  • November 16, 2017

    Greek-Style Foods Top Recall List Over Listeria Risk

    Yorgo’s Foods Inc., which specializes in Mediterranean-style food, is recalling more than 40 types of Greek-style products sold under its name and the Trader Joe’s brand because they may be contaminated with listeria, the company said Wednesday, a day when multiple listeria-related recall notices were posted to the FDA's website.

  • November 16, 2017

    Tobacco Groups Blast FDA For ‘Massive’ Speech Restriction

    Advocacy groups representing smokers and the cigar and pipe industries blasted the U.S. Food and Drug Administration in D.C. federal court Tuesday, saying the agency's rule increasing the size of warning labels on tobacco products is a "massive" free speech restriction imposed without adequate scientific analysis.

  • November 16, 2017

    Walmart Puts Aside $283M For Potential FCPA Settlement

    Wal-Mart Stores Inc. said Thursday it expects to pay $283 million to resolve long-running U.S. Department of Justice and U.S. Securities and Exchange Commission investigations into the retail giant’s possible violations of the Foreign Corrupt Practices Act.

  • November 16, 2017

    HFF Nabs $289M In Construction Funds For Calif. High-Rise

    Real estate developer and investment firm Bayview Development Group scored $288.8 million in construction financing from a private equity fund managed by Goldman Sachs Merchant Banking Division to be used for a pair of luxury apartment towers in San Jose, California, borrower-side broker Holliday Fenoglio Fowler LP said Thursday.

  • November 15, 2017

    Motorsport Co. Files For Ch. 11, Aiming To Clear $300M Debt

    Velocity Holding Company Inc. and its 18 powersports industry subsidiaries filed for Chapter 11 bankruptcy in Delaware on Wednesday, declaring liabilities of more than $100 million in a comprehensive recapitalization aimed at eliminating $300 million in debt.

  • November 15, 2017

    Jurisdiction Question Punted In Exelco Bankruptcy Fracas

    Bankrupt diamond cutter Exelco NV will have to wait a few weeks to learn the fate of competing insolvency proceedings in the United States and Belgium after a Delaware judge on Wednesday declined to decide issues relating to which jurisdiction has the authority to administer the case.

  • November 15, 2017

    Adidas Exec Says No Colleges Defrauded In NCAA Bribe Case

    An attorney for an Adidas executive charged in a wide-ranging bribery scheme to pay college basketball athletes to play for Adidas-sponsored schools and hire certain agents after they went pro on Wednesday told a Manhattan federal judge that no colleges were defrauded.

  • November 15, 2017

    Sexual Health Chain Peekay Wins Ch. 11 Plan Confirmation

    A Delaware bankruptcy judge agreed Wednesday to confirm sexual health and wellness retailer Peekay Acquisition Inc.’s Chapter 11 plan, which centers on a $30 million sale to senior lenders, commending the attorneys for running an efficient and “very, very positive” case.

  • November 15, 2017

    Zen Magnets Can Resume Sales, For Now

    A Colorado federal judge on Tuesday granted the Consumer Product Safety Commission’s request to cancel a hearing scheduled in Zen Magnet LLC’s suit against the agency over an ordered recall of its magnet sets, allowing the company to temporarily resume sales.

  • November 15, 2017

    Deals Rumor Mill: AT&T, Mattel, Varo Energy

    The U.S. Department of Justice has attempted to get state attorneys general to support a rejection of AT&T's blockbuster Time Warner acquisition, Mattel has rejected the recent takeover offer made by rival Hasbro, and Varo Energy could be valued at about $2 billion in an initial public offering planned for next year.

  • November 15, 2017

    Online Health Network Hit With $179M Judgment In FTC Probe

    A California federal judge on Tuesday ordered a $179 million judgment against an online network of 19 California-based health product and supplement companies, based on a Federal Trade Commission investigation that found they were running a scheme that tricked consumers into enrolling in deceptively marketed weight-loss and other programs with poorly disclosed monthly charges.

  • November 15, 2017

    Real Estate Rumors: Dwight Capital, Capital One, Levi's

    Dwight Capital is said to have leased 20,000 square feet in New York, Capital One reportedly plans to open a hybrid bank branch and coffee shop in Chicago, and Levi's is said to be taking 17,000 square feet in New York at a building owned by REIT Vornado.

  • November 15, 2017

    Lowe's Partially Escapes Employee's Age Discrimination Suit

    An Oregon federal judge on Tuesday trimmed an age discrimination lawsuit filed by an employee against Lowe's Home Centers LLC alleging the company fired her for using accrued sick days, finding that the 55-year-old had failed to allege sufficient facts to suggest that the company had a policy of fabricating issues in order to fire older employees.

  • November 15, 2017

    CPSC Issues Warning, 7 Recalls After Latest Hoverboard Fire

    The U.S. Consumer Product Safety Commission issued another warning Tuesday on the fire hazards of the LayZ Board handleless motorized scooter or “hoverboard” after one home was destroyed and four more were damaged, and it also issued seven recalls over the same concerns, traced to the devices’ lithium-ion batteries.

Expert Analysis

  • Opinion

    September Madness: Problems With NCAA Corruption Case

    Randall Eliason

    I'm not saying the charges filed last month against 10 individuals in a college basketball corruption scheme are legally flawed — not all of them, anyway. But I do question whether bringing multiple felony charges on these facts is sound exercise of prosecutorial discretion, says Randall Eliason, a former federal prosecutor.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Opinion

    Like-Kind Exchanges: Crucial To Small Business Growth

    Brent Abrahm

    For more than 90 years, like-kind exchanges under Section 1031 of the Internal Revenue Code have been a key tool for small businesses and investors. But this powerful economic driver is now in real danger as Congress and the Trump administration ponder its possible elimination as part of tax reform, says Brent Abrahm of Accruit.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases


    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • From Dracula To Drag Race: An Update On Right Of Publicity

    Saul Rostamian

    What do Kendall and Kylie Jenner, 1980s one-hit wonder Toni Basil, and the late jazz musician Thelonious Monk have in common? Each is currently involved in “right of publicity” lawsuits filed in California, highlighting the disparate ways that celebrities use the courts to protect against the commercial exploitation of their identities, say Saul Rostamian and Diana Hughes Leiden of Winston & Strawn LLP.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • Between Counsel And Class Members, Silence Is Golden

    Thomas Dickerson

    Prohibiting all unapproved communications from both plaintiffs and defense counsel to members of a class of plaintiffs ensures that the court can safeguard the interests of the class members. A recent decision in a California federal court reveals the wisdom of this principle, says retired New York State Supreme Court Associate Justice Thomas Dickerson.

  • Takeaways From 2nd Circ. Donna Karan FACTA Ruling

    Hanley Chew

    The Second Circuit's decision last week in Katz v. Donna Karan is significant in that it permits parties to introduce extrinsic evidence in statutory violation cases when the district court is making a determination on standing, say Hanley Chew and Tyler Newby of Fenwick & West LLP.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.