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Retail & E-Commerce

  • December 14, 2018

    Neiman Marcus Accuses Marble Ridge Of Smear Campaign

    Neiman Marcus Group Inc. filed counterclaims in Texas state court Friday against Marble Ridge Master Fund LP and its adviser, disputing the lawsuit the hedge fund lobbed earlier in the week and saying it has “waged a public campaign” against the luxury fashion retailer in an effort to extort value from it.

  • December 14, 2018

    NY AG Says There's Something Fishy About Seafood Labels

    The fish New Yorkers pay for may not be the fish they're eating, according to a report from the New York attorney general released Friday, which says more than 1 in 4 fish are mislabeled as a different species or otherwise less desirable variety of fish.

  • December 14, 2018

    Sears, Cyrus Blast Swap Bidder's Objection To Notes Sale

    Sears Holding Corp. and debtor-in-place lender Cyrus Capital Partners have asked a New York bankruptcy court to reject a call to vacate the sale of $900 million in intercompany medium-term notes to Cyrus, calling it a ploy by a failed bidder to change the results.

  • December 14, 2018

    David's Bridal Creditors Slam Evercore’s $13M Ch. 11 Fee

    Creditors of bankrupt David’s Bridal Inc. called for a 50 percent cut to a proposed $13.1 million Delaware Chapter 11 retention fee for investment banker Evercore Group LLC on Friday, citing “double dipping” and other allegedly nonstandard fee calculations.

  • December 14, 2018

    ‘No Need’ To Delay CVS-Aetna Merger, DOJ Says After Rebuke

    The U.S. Department of Justice urged a D.C. federal judge Friday not to keep CVS and Aetna apart while reviewing a proposed merger settlement the judge had blasted as having been pushed through without adequate judicial scrutiny, arguing that a delay is unnecessary and beyond the court’s authority.

  • December 14, 2018

    Rite Aid Asks 3rd Circ. To Keep Nix Of Background Check Suit

    Retail pharmacy company Rite Aid Corp. asked the Third Circuit Court of Appeals Thursday to uphold the dismissal by a Pennsylvania federal judge of a suit that accused the company of refusing to hire a job applicant based on a background check conducted by a third party, saying the lower court was correct in finding the applicant had suffered no harm.

  • December 14, 2018

    Furniture Retailer’s Antitrust Claim Taken Off The Table

    A Nevada federal judge has tossed a furniture sales outlet’s bid to bring an antitrust claim against a manufacturer accused of breaking its contract by selling merchandise at cheaper prices through Wayfair.

  • December 14, 2018

    Glaser Weil Aids Tricky Hotel, Marina And Retail Deal

    Orange County, California, recently signed a ground lease with a local developer for a massive new hotel, retail and marina project, and Glaser Weil Fink Howard Avchen & Shapiro LLP helped the county navigate a host of issues in sealing the deal for the new project.

  • December 14, 2018

    Brand Battles: ExxonMobil, 'Star Trek,' Nike

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, ExxonMobil isn't happy about a double X mark, CBS aims to boldly go after a startup's slogan, and Nike files its latest case over "Just Do It."

  • December 14, 2018

    Door Makers Hit With Another Price-Fixing Suit

    Door maker Jeld-Wen Inc.’s legal woes have expanded further with a new proposed antitrust class action against the company and its peer filed in Virginia federal court, this time from indirect door purchasers alleging a price-fixing conspiracy that forced higher prices on buyers.

  • December 14, 2018

    The 6 Biggest Law Firm Mergers Of 2018

    The legal sector was rocked by announcements of six massive law firm mergers in 2018, adding to a string of behemoth combinations over the past decade that many believe are leading to the consolidation of the industry into a handful of giants.

  • December 14, 2018

    Taxation With Representation: Kirkland, Gibson Dunn

    In this week’s Taxation With Representation, Travelport is taken private in a $4.4 billion deal, Lexington Partners closes on a $1 billion capital commitment for TPG Asia funds, and Permira snags private universities from Laureate Education for €770 million. 

  • December 14, 2018

    Weil Shapes $3.2B Sale Of Belmond To Luxury Group LVMH

    LVMH said Friday it will take over hotel, restaurant and cruise operator Belmond in a deal worth $3.2 billion, as the luxury group known for brands like Dom Pérignon and Louis Vuitton looks to grow its foothold in the hospitality space following a sale process shaped by Weil Gotshal & Manges LLP.

  • December 13, 2018

    Catalina Secures First Court OKs For $1.9B Del. Ch. 11

    Point-of-sale retail coupon and "big data" retailing pioneer Catalina Marketing Corp. secured its first Chapter 11 approvals Thursday for a prepackaged plan that will wipe away about 85 percent of its $1.9 billion debt load.

  • December 13, 2018

    Toys R Us Wins Ch. 11 Clearance For $760M Sale Of Asia Biz

    Toys R Us Inc. won approval from a Virginia bankruptcy court on Thursday to sell the majority stake of its business operations in Asia to a group of senior investors for $760 million as part of a Chapter 11 liquidation plan that provides creditor recoveries and releases potential claims between stakeholders.

  • December 13, 2018

    NY AG Sues Target, Walmart Over Toxic Lead In Kids' Toys

    New York’s attorney general sued Target Corp. and Walmart Inc. in state court Thursday, alleging the retail giants sold jewelry-making kits for kids that contained illegally high levels of lead and saying “no parent should have to worry that their child’s toy may be toxic.”

  • December 13, 2018

    Costco Execs Face Stock-Drop Suit Over Internal Controls

    Costco’s top brass failed to effectively address problems with its internal financial reporting systems and shared misleading information about those problems in public statements and to the U.S. Securities and Exchange Commission, a shareholder said in Washington federal court.

  • December 13, 2018

    Restoration Co. Sues Bankrupt Pa. Mall Over $880K Flood Bill

    The owners of a bankrupt and mostly empty Pittsburgh-area shopping mall owe more than $880,000 to a disaster recovery firm for cleaning up after a January flood, according to a lawsuit filed in Pennsylvania federal court Thursday.

  • December 13, 2018

    6 Things That Rocked The Legal Industry In 2018

    From a pitched battle over a U.S. Supreme Court nomination to a sea change in the way that legal employers consider their attorneys' mental health and well-being, these were some of the most significant events and trends to hit the legal industry in 2018.

  • December 13, 2018

    New Philly Fair Workweek Law May Face Court Fight

    A recently launched legal challenge to New York City's so-called Fair Workweek Law requiring fast-food and retail workers to receive advance notice of their work schedules signals what experts say could be a tough road ahead for a similar ordinance adopted by the Philadelphia City Council last week.

Expert Analysis

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Consider Potential Risks Of Scraping Publicly Available Data

    Kris Kappel

    One legal regime currently wrestling with the concept of data scraping is the Computer Fraud and Abuse Act. An important distinction that is emerging from the CFAA case law is whether the targeted data is publicly available or private and protected, say Kris Kappel and Liam Reilly of Husch Blackwell LLP.

  • 5 Key Takeaways From Portland's New Large Retailer Tax

    John Gadon

    John Gadon and Eric Kodesch of Lane Powell PC discuss who and what is included under the new 1 percent gross receipts tax on large retailers passed by Portland, Oregon, voters via ballot measure last week.

  • What To Expect From New Democratic Investigation Efforts

    Reginald Brown

    The new Democratic House majority is expected to direct much of its attention to executive branch oversight and accountability. Companies and their legal counsel should be prepared for a dramatically changed collateral environment as investigations cover a wide range of topics, say attorneys at WilmerHale.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game, and journalism trends.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Has The 11th Circ. Become Consumer-Friendly?

    Austin Whitten

    Based on the Eleventh Circuit's recent interpretation of Spokeo in Muransky v. Godiva Chocolatier, Austin Whitten of Pittman Dutton & Hellums PC examines whether the venue may be the most favorable for plaintiffs with consumer protection claims where no “actual” damages are alleged.

  • Bringing Alcoholic Beverage Coupons Into The Digital Age

    Alva Mather

    Laws on coupons and rebates for alcoholic beverages vary across the country. Ascertaining the legal status of digital coupons, which may not have been envisioned when a state's laws were written, creates additional wrinkles for companies, says Alva Mather of DLA Piper.

  • World Wide Weed: Best Practices For Internet Cannabis Ads

    John McKay

    For internet publishers that have decided the risks of doing business with cannabis-related companies do not outweigh the value, the most sensible question is not whether there is some risk but how they can minimize it, say John McKay and Chris Morley of Davis Wright Tremaine LLP.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.