Retail & E-Commerce

  • November 21, 2017

    Trustee Objects To Releases In Aerogroup Ch. 11 Plan

    The federal bankruptcy watchdog blasted the proposed Chapter 11 plan of women’s footwear maker Aerogroup International Inc. on Tuesday, telling a Delaware bankruptcy court the plan contains overly broad third-party releases and that an accompanying disclosure statement doesn’t give enough information.

  • November 21, 2017

    Supervalu Shoppers Say Co. Can't Check Out Of Breach MDL

    A group of consumers argued Monday that Supervalu Inc. can’t shake multidistrict litigation over two 2014 data breaches after the Eighth Circuit sent the matter back to Minnesota federal court upon determining that just one of the shoppers leading the consolidated action had standing, saying the grocery chain wants to impose an unfairly high standard.

  • November 21, 2017

    7th Circ. Denies EEOC Rehearing Bid In Autozone Bias Suit

    A split Seventh Circuit rejected Tuesday the U.S. Equal Employment Opportunity Commission’s request for a full court review of a June panel finding that AutoZone did not discriminate against a black employee by transferring him because of his race.

  • November 21, 2017

    Sporting Goods Co. Gets Nod On Breakup Fee In Ch. 11 Sale

    A Delaware bankruptcy judge approved a $150,000 expense reimbursement Tuesday should bankrupt Maurice Sporting Goods Inc.’s Chapter 11 stalking horse sale stumble, despite acknowledging concerns about insufficient legal backing and problematic features.

  • November 21, 2017

    Real Estate Rumors: Fisher, Oscar Barbara, Realterm

    Fisher Brothers has reached a deal to lease out 42,336 square feet in New York to private equity shop Global Infrastructure Partners, developer Oscar Barbara is said to have paid $12.6 million for a Florida shopping center and Realterm Logistics has reportedly dropped $16 million on a Florida warehouse.

  • November 21, 2017

    Del. Chancery Won't DQ Morris Nichols From Dollar Tree Case

    A Delaware Chancery Court judge Tuesday denied a request to disqualify Morris Nichols Arsht & Tunnell LLP from representing Dollar Tree in an ongoing dispute with spinoff company Dollar Express on the grounds that the law firm had given prior legal advice on the dividend distribution that is at the heart of the case.

  • November 21, 2017

    Insurer Escapes Coverage In Exploding Batteries Suit

    A Washington federal judge ruled Monday that a vape shop’s liability insurer doesn’t owe the company a defense against a suit in state court over exploding batteries, saying the batteries aren’t covered under the insurance policy.

  • November 21, 2017

    Vitamin World Approved For Store Liquidation, Sale Plans

    Bankrupt health supplement retailer Vitamin World Inc. will move ahead with plans to sell most of its stores as a going concern operation while liquidating the rest of its locations after receiving approval for the process from a Delaware federal judge on Tuesday.

  • November 20, 2017

    NC State Court Axes Receipt Row For Lack Of Concrete Injury

    A North Carolina state court judge has nixed a putative class action accusing a bedding and home goods retailer of violating the Fair and Accurate Credit Transactions Act by including too many card digits on receipts, ruling that the plaintiff had failed to establish standing because he hadn't alleged the actual dissemination of his data or a similar concrete injury.

  • November 20, 2017

    Real Estate Rumors: Mizuho Americas, MMG Equity, PNC Bank

    Mizuho Americas has reportedly leased another 270,000 square feet on Sixth Avenue in New York, MMG Equity Partners has reportedly bought a Florida grocery-anchored shopping center for $17 million and PNC Bank is said to have loaned $27.3 million for a Florida hotel project.

  • November 20, 2017

    Sporting Goods Wholesaler Maurice Hits Ch. 11 In Del.

    Maurice Sporting Goods Inc. filed for Chapter 11 protection in Delaware on Monday with roughly $100 million in debt and private investment company Middleton Partners LLC lined up as the stalking horse bidder in a planned asset sale.

  • November 20, 2017

    Best Buy Can't Sell NJ Justices On Reviewing Age Bias Suit

    Best Buy Co. has lost its bid for the New Jersey Supreme Court to second-guess a state appellate panel decision reviving a former employee’s age discrimination lawsuit on the grounds that the fired worker never explicitly agreed to a policy that such disputes be arbitrated.

  • November 20, 2017

    Embattled Exelco Should Have Ch. 11 Nixed, US Trustee Says

    A U.S. bankruptcy watchdog wants to dismiss diamond cutter Exelco NV’s Delaware bankruptcy, or possibly convert it to a Chapter 7, saying the company isn’t fulfilling major obligations it took on when it availed itself of court protection.

  • November 20, 2017

    Menards Delivery Drivers Not Employees, NLRB Judge Says

    A National Labor Relations Board judge on Friday ruled that delivery drivers for Menards are not employees of the home improvement retailer, tossing claims the company violated federal labor law by classifying the drivers as independent contractors and maintaining mandatory arbitration policies.

  • November 20, 2017

    Split 6th Circ. Affirms GM Win In Dealership Contract Suit

    General Motors LLC didn’t breach its contract with an Ohio dealer by charging back $47,000 for incentive payments that didn’t meet the automaker’s requirements, a split Sixth Circuit said Monday, finding the contract required the dealership to meet GM’s incentive program requirements and affirming a lower court's ruling.

  • November 20, 2017

    Fed. Circ. Keeps Gilstrap Order Nixing IV IP Under Alice

    The Federal Circuit on Monday cemented a decision by U.S. District Judge Rodney Gilstrap invalidating two retail patents held by Intellectual Ventures, affirming a ruling in which Judge Gilstrap found the patents claim only abstract ideas under the U.S. Supreme Court’s Alice decision.

  • November 20, 2017

    Kohl's Shoppers' Misleading-Discount Suit Can Proceed

    A California judge on Monday declined to toss claims accusing Kohl’s Department Stores Inc. of misleading customers with the application of its Kohl's Cash discounts, saying the pleadings in a putative class action are sufficient enough to proceed.

  • November 20, 2017

    Ex-Willkie, Hunton Atty Cops To Role In $7.8M Scheme

    A former Willkie Farr & Gallagher LLP and Hunton & Williams LLP partner admitted Monday in New Jersey federal court to taking part in a scheme with her estranged husband to defraud the firms and Mastercard Inc. out of roughly $7.8 million by billing them for work that was not performed.

  • November 20, 2017

    Yahoo Tells 9th Circ. SEC Order Blocks Derivative Suit

    Yahoo Inc. shouldn’t have to face a shareholder derivative suit alleging that it failed to register as an investment company once its Alibaba Group Holding Ltd. stake outweighed its internet business, it told the Ninth Circuit on Friday, saying that an exemption order by the U.S. Securities and Exchange Commission cannot be reviewed by the court.

  • November 20, 2017

    Wilson Can't Duck Youth Baseball Bat Labeling Suit

    An Illinois federal judge mostly rejected a bid by Wilson Sporting Goods Co. to duck a proposed class action alleging the company misled consumers by falsely representing its premium DeMarini baseball bats as compliant with key youth sports standards, but tossed certain Illinois consumer protection and express warranty claims.

Expert Analysis

  • Merger Enforcement Takeaways From 5 Recent Cases

    Debbie Feinstein

    Despite a number of key federal antitrust posts remaining vacant, the antitrust authorities have remained quite active. Here, attorneys with Arnold & Porter Kaye Scholer LLP discuss five recent transactions and what those cases mean for merger enforcement in the United States in the coming months and years.

  • Reliability Of 'Price Premium' Calculations In Class Actions

    Jon Tomlin

    The evaluation of price premium models by trial courts will be critical in determining the success of current consumer class actions and the prevalence of future consumer class actions. However, many recently proposed price premium models have fallen short of meeting the economic requirements of a reliable price premium calculation, says Jon Tomlin of Navigant Consulting.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • 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

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    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.