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Retail & E-Commerce

  • August 30, 2018

    SD Proposes Nov. 1 Tax Collection By Remote Sellers

    South Dakota, which prevailed in the landmark June 21 U.S. Supreme Court decision that killed the physical presence requirement for the collection of sales and use tax, will put its own remote seller law into effect on Nov. 1 if legislation released Thursday gets through a special session.

  • August 30, 2018

    High Court's FLSA Ruling Blocks Amazon Workers' Claims

    A U.S. Supreme Court ruling denying Amazon warehouse workers pay under federal wage law for time spent undergoing security checks blocks such claims under the Pennsylvania Minimum Wage Act, a Kentucky federal judge ruled Thursday in a decision tossing part of a multidistrict litigation against the e-commerce giant.

  • August 30, 2018

    Sen. Booker Proposes Moratorium On Agribusiness Mergers

    Sen. Cory Booker, D-N.J., introduced a bill on Wednesday that would put an 18-month moratorium on large mergers in the agricultural, food and beverage manufacturing, and retail grocery sectors over concerns about excessive corporate consolidation.

  • August 29, 2018

    Indian Bank Can Depose Ex-Exec Of Modi's US Jewelry Cos.

    Following a damning report that three U.S. jewelry companies owned by billionaire Nirav Modi participated in India's largest ever bank fraud, a New York bankruptcy judge ruled Wednesday that the former president of those companies cannot block subpoenas probing his knowledge of the alleged scam.

  • August 29, 2018

    Surprise $40M Stalking Horse Bid Placed In Brookstone Ch. 11

    Bankrupt Brookstone Holdings Corp. scrambled Wednesday to digest a new $40 million offer to serve as a stalking horse for the company’s Delaware Chapter 11, after Bluestar Alliance LLC jumped the fence and filed its bid directly onto a public court docket without being processed and filed by the debtor.

  • August 29, 2018

    Fla. High Court To Hear Miami Beach Minimum Wage Case

    The Florida Supreme Court agreed in a split decision Wednesday to take up Miami Beach’s appeal of a lower court’s decision blocking the city’s proposed minimum wage increase.

  • August 29, 2018

    NM Man Jailed Over Fake Native American Jewelry

    A New Mexico federal judge has sentenced an Albuquerque man accused of selling jewelry made in the Philippines as Native American-made to six months behind bars, federal prosecutors have announced.

  • August 29, 2018

    Deals Rumor Mill: Wilsonart, Eldorado Brasil, MediaMarkt

    Wilsonart is reportedly mulling a sale, Brazil’s J&F Investimentos SA and Paper Excellence are at odds over Eldorado Brasil’s final price, and MediaMarkt has paused plans to buy a stake in Teknosa.

  • August 29, 2018

    VW, Bosch Say 3 Dealership Suits Must Be Axed

    Volkswagen AG and Robert Bosch GmbH said Tuesday that businesses that invested in building new Volkswagen dealerships or expanding existing ones in the midst of the German automaker's 2015 emissions-cheating scandal don’t have standing to sue over purported financial losses they suffered from Volkswagen’s reputational hit.

  • August 29, 2018

    Toys R Us Plan Shortchanges Priority Claims, Trustee Says

    The U.S. Trustee has urged a Virginia bankruptcy court to reject Toys R Us’ latest Chapter 11 plan disclosure, saying the company is trying to force approval of a plan that shortchanges priority claimholders with a “death trap” settlement they had no chance to object to.

  • August 29, 2018

    Real Estate Rumors: WeWork, Henley, Blackstone

    WeWork is reportedly nearing a deal to take as much as 500,000 square feet in New York, Henley's U.S. division is said to have dropped $20 million on a Miami hotel, and a Blackstone affiliate has reportedly bought a Florida grocery-anchored shopping center for $34.5 million.

  • August 29, 2018

    Ross Stores Inks 1M-Square-Foot Industrial Lease In Calif.

    Ross Stores Inc. has leased more than 1 million square feet of space from Wonderful Real Estate at an under-development industrial park in Shaftner, California, according to an announcement from Wonderful Real Estate on Wednesday.

  • August 29, 2018

    BJ's Hits Tyson, Perdue And Others With Price-Fixing Suit

    BJ’s wholesale club alleged Tyson, Perdue and other chicken producers inflated broiler chicken prices and overcharged consumers by over $3 billion per year over an eight-year period, according to a complaint filed Tuesday in Illinois federal court.

  • August 28, 2018

    Fired CEO Slams Barnes & Noble Founder In Defamation Suit

    The recently ousted chief executive of Barnes & Noble filed suit against the bookseller for breach of contract and defamation Tuesday in New York federal court, saying the company fired him at the whim of its “volatile” founder and largest private shareholder, who accused the CEO of sexual misconduct against an employee.

  • August 28, 2018

    Home Depot Says 401(k) Plan Members Can't Prove Fault

    Home Depot and related entities on Monday asked a Georgia federal judge to throw out a lawsuit by current and former employees over the alleged mismanagement of its 401(k) plan, arguing that they fail to show how the underperformance of offered investment options and associated losses were the retail giant's fault.

  • August 28, 2018

    7th Circ. Backs Disbarred Atty's Fraud Conviction, Sentence

    The Seventh Circuit on Monday affirmed a conviction and two-year sentence for a disbarred Indiana attorney who bilked a defunct grocery chain of more than $330,000, saying there was “plenty of evidence” to support the mail fraud conviction that put him behind bars.

  • August 28, 2018

    Hogan Lovells, Skadden Steer Brixmor's $250M Notes Offering

    Hogan Lovells represented retail real estate investment trust Brixmor Property Group Inc. in connection with a $250 million notes offering, priced on Tuesday, by Brixmor's operating partnership, while Skadden Arps Slate Meagher & Flom LLP worked on the deal as counsel to the underwriters.

  • August 28, 2018

    Japan Retail Fund Investment Paying $50M For Chiba Property

    Japan Retail Fund Investment Corp. is buying a trust beneficiary right in a pair of buildings in Chiba, Japan, for 5.52 billion yen ($49.7 million), according to an announcement from the company on Tuesday.

  • August 28, 2018

    Family Feud Over $20M Ohio Dealership Won't Be Scrapped

    A woman claiming relatives grabbed control of about $20 million in assets from a group of family-owned auto dealerships that she rightfully shares a stake in cannot have her claims decided as a matter of law, a federal judge in Ohio has ruled, saying there are enough disputable issues to warrant a trial.

  • August 28, 2018

    Amazon Driver Wage Suit Sent Back To Mass. State Court

    Amazon.com Inc. will have to face wage violation claims from a proposed class of delivery drivers in Massachusetts state court after a federal judge ruled Tuesday that the commerce giant's speculations that the drivers would shell out big bucks on attorneys' fees are not enough to warrant a federal case.

Expert Analysis

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Beer, Wine, Alcohol And Taxes: A Most Excellent Recipe

    Ed Brown

    Producers of beer, wine and distilled spirits were treated very well by last year's tax reform. Even before taking into consideration the reduction in effective tax rates and other tax changes that benefit all businesses, craft brewers, small vintners and artesian distillers received much needed relief relating to federal excise taxes, say Edward Brown and James McCarten of Burr & Forman LLP.

  • Fewer Remedies In Calif. For Targets Of Defamatory Reviews

    Pooja Nair

    Earlier this month, the California Supreme Court ruled in Hassell v. Bird that Yelp could not be ordered to remove negative reviews of a law firm that were found to be defamatory. While the decision is a victory for internet platforms and websites, the scope of immunity under the Communications Decency Act has not been fully drawn out, says Pooja Nair of TroyGould PC.

  • Tax Implications For The California Cannabis Industry

    Shail Shah

    This article by attorneys at Reed Smith LLP outlines tax implications for the cannabis industry in California, the largest state to legalize medical and recreational adult-use cannabis, and other states where marijuana is legally sold.

  • Inside Kavanaugh's Merger Challenge Dissents

    Timothy Gray

    In the D.C. Circuit's Anthem and Whole Foods cases, U.S. Supreme Court nominee Judge Brett Kavanaugh disagreed with his colleagues’ decisions to block the contemplated mergers, suggesting an antitrust jurisprudence leery of excessive enforcement activity, say Timothy Gray and Melissa Ginsberg of Patterson Belknap Webb & Tyler LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • The Impacts Of Wayfair On Alabama Tax Amnesty

    David Blum

    Tax amnesty programs are usually a huge benefit for all involved. However, for Alabama sales and use tax purposes in the wake of South Dakota v. Wayfair Inc., the issues are not so clear cut for many taxpayers, say David Blum and Emily Fiore of Akerman LLP.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.