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Retail & E-Commerce

  • June 5, 2018

    Man Gets $1.9M After Beauty Co. Copies Marketing Pics

    A California federal judge on Monday awarded a man more than $1.9 million in a copyright dispute with a New York-based skincare company over claims the company copied a number of before-and-after photos he had taken and used them for online marketing.

  • June 5, 2018

    Nine West Creditors Can Probe $2.2B Sycamore Takeover

    A New York bankruptcy court Tuesday granted a request by the unsecured creditors of Nine West Holdings Inc. to investigate whether Sycamore Partners' $2.2 billion takeover of the women’s shoe and apparel company enriched the private equity firm at the debtors’ expense.

  • June 4, 2018

    Samsung, Consumers Reach Deal In Washing Machine MDL

    A group of consumers have reached a settlement in multidistrict litigation against Samsung and retailers over the company’s top-loading washing machines that allegedly vibrate and blow their lids off, with both sides announcing a deal Friday that includes a minimum recall rebate of 15.5 percent of the estimated washer purchase price.

  • June 4, 2018

    High Court Declines To Review Whirlpool, Viacom IP Suits

    The U.S. Supreme Court declined to review two intellectual property cases Monday, one a kitchen blender patent suit from Whirlpool and the other a children's clothing store's trademark dispute against Viacom.

  • June 4, 2018

    Consent Disputes Emerge As First GDPR Battlefield

    The first cases to test the reach of Europe’s new privacy regime will let regulators home in on just how much data tech juggernauts truly need to sweep up in order to run their platforms — and what data collections they need to explicitly ask users to consent to, legal experts say.

  • June 4, 2018

    Foot Locker Kicks Former Employee's FCRA Suit

    A California federal judge granted a quick a win to Foot Locker Inc. on Friday in a proposed class action accusing the retailer of securing consumer reports about job applicants without proper consent, saying the claims lodged by a former employee aren’t within the Fair Credit Reporting Act’s purview.

  • June 4, 2018

    Hearsay Sinks Wrongful Death Suit Against NJ ShopRite

    A New Jersey state appeals court on Monday affirmed the dismissal of a wrongful death suit against a ShopRite supermarket by the husband of a woman who died from injuries after a cash register station collapsed on her leg, ruling that subjective findings on the death certificate were properly excluded and clarifying a restriction to the state's medical examiner law.

  • June 1, 2018

    Trade Groups Slam Antitrust Chief's Licensed Tech Claims

    Trade groups representing the tech, auto and retail industries released a white paper pushing back at a suggestion by a top U.S. antitrust official that enforcers should shift their focus away from potential abuses by holders of patents crucial to standardized industries in favor of greater scrutiny on licensees.

  • June 1, 2018

    Easton Execs Strike Out On Bonus Pay

    A Delaware bankruptcy judge on Friday rejected the bids of three former Easton Baseball/Softball executives to get hundreds of thousands of dollars’ worth of bonuses that they signed away during the asset sale and restructuring of Performance Sports Group Inc.

  • June 1, 2018

    Tops Markets Reaches Pension Fund Deal, Sets Up Ch. 11 Exit

    Tops Markets LLC has reached terms to settle a long-running dispute over liability for $184 million in employee benefit fund contributions, telling a New York bankruptcy court on Thursday it agreed to new collective bargaining agreements and pension liabilities that will help its bid to restructure in Chapter 11.

  • June 1, 2018

    Amazon To Block Australians From Overseas Sites Due To Tax

    Amazon.com Inc. has announced it will block purchases by Australian customers from its international e-commerce sites and limit them to a local platform as of July 1 in response to Australia’s forthcoming 10 percent consumption tax on imports of low-value goods and digital content.

  • June 1, 2018

    Attys Sanctioned Over Possible Fraud In HDMI Cable Suit

    A California man and his lawyers who have asserted his standing to intervene in a class action over allegedly misleading HDMI cable packaging have one week to show an Illinois state court judge the photo he’s claimed for more than a year proves his eligibility to oppose its settlement.

  • June 1, 2018

    Cooley Nabs Katten Litigator For Securities Practice

    The co-chair of Katten Muchin Rosenman LLP’s national securities litigation and enforcement practice, who has previously freed Costco from an $18 million wrongful death suit and nabbed a $238 million verdict against Lennar Corp. in a real estate dispute, has left for Cooley LLP, Cooley announced this week.

  • June 1, 2018

    Rockport Creditors Challenge Bid Protections In Ch. 11

    The Rockport Co. LLC’s unsecured creditors objected Friday to proposed protections in the footwear maker’s agreement with a stalking horse bidder, saying a $4.5 million breakup fee and $2 million expense reimbursement aren’t appropriate because they’d be due even if the bidder killed the deal, forcing the debtor to liquidate.

  • June 1, 2018

    Texas Justices Take Up Glassdoor's Bid To Shield Reviewers

    The Texas Supreme Court on Friday agreed to review Glassdoor Inc.’s bid to avoid turning over identifying information about two employees of an online lingerie retailer who posted anonymous negative reviews of the company.

  • June 1, 2018

    A Peek Into The World Of NAD Director Laura Brett

    Jennifer Fried of Kelley Drye & Warren LLP sits down with Laura Brett, director of the National Advertising Division, to discuss recent developments at NAD and how the division may evolve under Brett's leadership.

  • May 31, 2018

    Don’t Wait On Starbucks, Ex-H&M Worker Seeking Cert. Says

    An ex-H&M worker urged a California federal judge Thursday to certify a 10,000-member class over allegations the retailer shorts workers on time spent in security checks, saying the California Supreme Court’s upcoming decision in the closely watched Troester v. Starbucks case won’t impact his claims.

  • May 31, 2018

    Speedway Ill. Biometric Privacy Suit Remanded Over Standing

    An Illinois federal judge on Thursday granted a former Speedway LLC employee’s request to return to state court his proposed class action accusing the gas station operator of violating the state’s biometric privacy law by illegally gathering worker fingerprints, saying the alleged injuries weren’t sufficient to confer federal court standing.

  • May 31, 2018

    Car Seat Maker Gets Attys’ Fees In Contract Dispute

    A Florida federal judge awarded children’s car seat maker Inspired Products Group LLC more than $200,000 in attorneys’ fees Thursday, ruling that a state statute providing for the fees applies in the contract dispute over patents for KidsEmbrace-branded child car seats.

  • May 31, 2018

    New EU Data Watchdog Backs 'Cookie Wall' Ban

    A new European Union data protection watchdog has called for pending new privacy rules meant to bolster the General Data Protection Regulation to be expedited and to include an explicit ban on operators requiring users to agree to tracking cookies to access a website or service.

Expert Analysis

  • How CPSC Late Reporting Penalty Trends Are Evolving

    Eric Rubel

    Dollar amounts of U.S. Consumer Product Safety Commission prelitigation settlements have increased over the past five years, as most recently shown by a record settlement with Polaris Industries for alleged reporting violations related to three recalls. But this track record has not been matched in recently litigated cases, say attorneys with Arnold & Porter.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Equifax Cybersecurity Ruling Heightens Risk For Companies

    Heather Egan Sussman

    The Superior Court of Massachusetts' recent Equifax decision — the first-ever court ruling on allegations made by a state attorney general in cybersecurity litigation — is notable for siding with Attorney General Maura Healey on several key issues of concern to all companies that collect personal information, say attorneys with Ropes & Gray LLP.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Maximizing The Success Of 'Minimum Advertised Price' Policy

    Lesli Esposito

    "Minimum advertised price" polices are a commonplace and conceptually simple tool, but as many manufacturers and suppliers have learned, they can be challenging to implement in practice, say Lesli Esposito and Brian Boyle of DLA Piper.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Your Guide To Wayfair: The Briefs In Support

    David Fruchtman

    In this article covering South Dakota v. Wayfair, David Fruchtman of Rimon PC, analyzes all of the briefs submitted in support of petitioner or in support of neither party.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.