Retail & E-Commerce

  • January 29, 2018

    Universal, Amazon Near TickBox Injunction, But Extent Hazy

    A California federal judge on Monday said Universal, Amazon and other content-creating giants are entitled to a certain level of preliminary injunctive relief in their suit accusing streaming device company TickBox LLC of infringing their copyrighted material, though he said he was reluctant to issue a ruling that "effectively puts TickBox out of business."

  • January 29, 2018

    Facebook Rolls Out Privacy Tools As New EU Law Looms

    Facebook Inc. on Monday published online for the first time a list of privacy principles and launched a set of data management tutorial videos as the company prepares for a stringent European Union data protection law coming into effect in May.

  • January 29, 2018

    9th Circ. Reverses Whole Foods Win In 'EatRight' TM Row

    A Ninth Circuit panel on Monday reversed a lower court’s ruling in favor of Whole Foods in a suit brought by Eat Right Foods Ltd. over use of the “EatRight” trademark, finding the case was unfairly tossed due to Eat Right's delay in bringing a complaint.

  • January 29, 2018

    Investor Group Pays $5.36B For Wanda Commercial Stake

    A group of investors including Tencent Holdings Ltd., Suning Holdings Group, JD.com Inc. and Sunac China Holdings Group is buying a 14 percent stake in China's Dalian Wanda Commercial Properties Co. for 34 billion Chinese yuan ($5.36 billion), according to an announcement from Wanda on Monday.

  • January 26, 2018

    Fresh Market Board Says Law Supports Toss Of Investor Suit

    Directors of The Fresh Market Inc. told the Delaware Supreme Court in an answering brief filed late Thursday that the dismissal of an investor class action over the company’s $1.4 billion acquisition by Apollo Global Management LLC should be upheld because the lower court correctly applied the law.

  • January 26, 2018

    Wawa Wins Ex-Worker’s 'Speak English' Discrimination Suit

    Wawa Inc. won the dismissal of an ex-worker's discrimination claims Friday, as a New Jersey federal judge found the convenience store made a reasonable case that it fired a gas station attendant because he failed to ring up sales, and not in retaliation for complaining that a supervisor told him to “speak English.”

  • January 26, 2018

    Abercrombie Shells Out $25M To End Worker Clothing Suits

    Abercrombie & Fitch Co. agreed to pay $25 million to settle claims by nearly a quarter of a million employees in California, Florida, New York and Massachusetts alleging the retailer forced hourly workers to buy the clothes they were being paid to sell, according to a proposal filed Friday.

  • January 26, 2018

    HP Gets OK For $6.5M Laptop Defect Deal After Holdup

    After holding up Hewlett-Packard Co.'s $6.5 million deal over laptop computers with allegedly defective screens due to concerns that claims would exceed available funds, a California judge approved the settlement Friday, calling the 90 percent return class members will receive on claims “a significant recovery.”

  • January 26, 2018

    Kmart Must Follow FCA Settlement Or Be Sanctioned: Court

    Kmart Corp. could face sanctions if it doesn't close a deal on a property linked to the settlement of a long-running False Claims Act suit by noon on Monday, an Illinois federal judge said Friday.

  • January 26, 2018

    Redbox Says Disney's Misusing Copyrights, Blocking Sales

    Redbox's copyright fight with Disney Enterprises Inc. ramped up in California federal court Friday, when Redbox accused the entertainment giant, which has sued Redbox over resale of its digital movies, of trying to force it out of the business.

  • January 26, 2018

    Brand Battles: Warner Bros., Sazerac, Amazon

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Warner Bros. offers up a legalese description of "Road Runner," Sazerac gets into another buffalo fight, and Amazon is hit with an opposition over "Prime."

  • January 26, 2018

    Deals Rumor Mill: Remington, Kroger, Dell

    Firearm maker Remington is reportedly looking to restructure $950 million worth of debt, Casey's General Stores has offered to buy Kroger's $2 billion convenience store business and Dell is eyeing acquisitions or an IPO to make up for a lackluster EMC deal.

  • January 26, 2018

    Auto Retailer O’Reilly Cans Minn. Workers’ Age Bias Suit

    Auto parts retailer O’Reilly Auto Enterprises LLC exited an age discrimination suit in Minnesota on Thursday when a federal judge rejected two employees’ claims that they were passed over for operations and sales promotions in favor of younger candidates.

  • January 26, 2018

    UK Chided For Failing To Collect Info Under VAT System

    The European Commission on Thursday called out the U.K. for purportedly failing to share with other European Union countries bank account details for everybody registered in an EU-wide system for collecting value-added tax on broadcasting services, saying the practice violated administrative cooperation rules. 

  • January 26, 2018

    Don't Miss It: Hot Deals & Firms We're Following This Week

    With so much mergers and acquisitions news this week, you may have missed several deals announced in recent days, with firms such as Simpson Thacher & Bartlett LLP and Herrington & Sutcliffe LLP at the helm. Here, Law360 recaps the ones you might have missed.

  • January 26, 2018

    Professors Ask Justices To Hear Va. Tax Receipts Case

    Nineteen tax law professors urged the U.S. Supreme Court on Thursday to hear an appeal over whether a Virginia county tax on the sale of duty-free goods to international travelers violates the U.S. Constitution, saying the tax is valid and the court should overrule an outdated legal standard.

  • January 26, 2018

    7 Cos. To Price IPOs Exceeding $3.4B Led By Gaming REIT

    Eight firms are set to guide seven companies projected to raise more than $3.4 billion through initial public offerings during the week of Jan. 29, led by an estimated $1 billion initial public offering from a real estate investment trust formed by Caesars Entertainment Corp.’s emergence from bankruptcy.

  • January 26, 2018

    Pa. Justices Urged Not To Revive $2M Store Shooting Award

    Giant Eagle Inc. urged the Pennsylvania Supreme Court in a brief on Thursday to uphold a decision that the chain had properly challenged a $2.1 million verdict over a shooting outside one of its convenience stores that was thrown out on appeal.

  • January 26, 2018

    Australia's WTO Wine Battle Against Canada Draws EU's Eyes

    The Australian government’s rare foray into the World Trade Organization dispute system to challenge Canadian rules on the retail sale of foreign wines has drawn the attention of the European Union, which asked to join the dispute as an observer, according to a WTO document published Friday.

  • January 25, 2018

    Aeropostale Ch. 11 Judge Mulling Release Consent 'Opt In'

    The New York bankruptcy judge presiding over Aeropostale’s Chapter 11 case said Thursday that the teen fashion retailer can soon begin soliciting votes on its debt restructuring plan, but non-voting creditors and shareholders may have to opt in to proposed third-party litigation releases to consent to those provisions.

Expert Analysis

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • Series

    40 Years Of FCPA: A View From The Monitorship Trenches

    Gil Soffer

    There have been many articles on the corporate monitor selection process, but you will find little guidance on how to prepare yourself for a job that has few parallels. There are three key lessons I have learned over the course of a Foreign Corrupt Practices Act monitorship still in progress, says Gil Soffer of Katten Muchin Rosenman LLP.

  • Series

    40 Years Of FCPA: The Untold Story Of The Resource Guide

    Charles Duross

    Much has been written about the 2012 "Resource Guide to the U.S. Foreign Corrupt Practices Act," but no one has talked about the behind-the-scenes work that produced the guide — until now, say Charles Duross, former chief of the FCPA Unit at the U.S. Department of Justice, and Kara Novaco Brockmeyer, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission.

  • Series

    40 Years Of FCPA: A Journey From Conviction To Dismissal

    Janet Levine

    The twist in the Lindsey Manufacturing Foreign Corrupt Practices Act case was the truncated time in which we prepared. Having refused to waive their rights to a speedy trial, our clients took control of the case — this, along with the compressed time frame, forced the government to make errors, say Janet Levine, Sima Namiri-Kalantari and Megan Weisgerber of Crowell & Moring LLP.

  • Leveling The Playing Field With The Jury Inference

    Peter Hargitai

    What happens when a litigant has no access to an opponent’s evidence because it has been destroyed or lost? Recently, the Supreme Court of Florida created a revised standard jury instruction, allowing juries to infer that missing evidence may be unfavorable to the party who lost or destroyed it. Practitioners should know how to use this tool, says Peter Hargitai of Holland & Knight LLP.

  • Series

    40 Years Of FCPA: The Siemens Lesson — Tillerson Is Right

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    Since its whopping $800 million Foreign Corrupt Practices Act settlement in 2008, Siemens cleaned up — and it has “cleaned up” in its long-standing competition with General Electric. How? As Secretary of State Rex Tillerson reportedly told President Donald Trump, you don’t need to pay bribes to succeed in international business, says Peter Y. Solmssen, former general counsel of Siemens.

  • Series

    40 Years Of FCPA: The Rise In International Enforcement

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    The 2008 Siemens matter — then the largest sanction ever imposed in a Foreign Corrupt Practices Act enforcement action — set the stage for future cross-collaboration in global anti-corruption enforcement, say Cheryl Scarboro, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission, and Diana Wielocha of Simpson Thacher & Bartlett LLP.

  • Series

    40 Years Of FCPA: Highlights From The 1st Corporate Trial

    Robert Feldman

    The Foreign Corrupt Practices Act case of U.S. v. Harris Corp. was tried in March 1991 — so long ago that pretty much only the parties and counsel remember it. With a smile, I’ve just about given up correcting people who say their case is "the only FCPA case ever to be tried,” says Robert Feldman of Quinn Emanuel Urquhart & Sullivan LLP.