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Retail & E-Commerce

  • November 21, 2018

    Real Estate Rumors: JP Morgan, Ralph Lauren, Greenroad

    J.P. Morgan Asset Management has reportedly paid $31.12 million for a Miami warehouse, Ralph Lauren is said to be taking another 350,000 square feet in New York, and Greenroad Capital has reportedly dropped $26.7 million on two New York multifamily properties.

  • November 21, 2018

    Oil, Gas Retailers Worry Swipe Fee Deal Curtails Claims

    Three retail gasoline trade groups objected in New York federal court Wednesday to a class action settlement with credit card issuers and banks over swipe fees, saying they're worried stores affiliated with oil refiners will get excluded from claim eligibility.

  • November 21, 2018

    No Fees For Starboard Despite Win In $5M Diamond Sale Row

    A Florida appeals court has affirmed the denial of an attorneys’ fee award for Starboard Cruise Services Inc., ruling that the company’s offer to settle a dispute over the onboard sale of a $5 million diamond was not valid and therefore Starboard is ineligible for fees under Florida’s offer-of-judgment statute.

  • November 21, 2018

    Brand Battles: American Whiskey, Barbie, Russell Westbrook

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Sazerac fights an effort to “monopolize” a simple whiskey name, Mattel cites a little-known Sotomayor opinion to protect Barbie, and NBA superstar Russell Westbrook shoots for a registration for his charitable foundation.

  • November 21, 2018

    Robbins Geller Tapped To Lead Skechers Stock-Drop Suit

    A New York federal judge Tuesday named Robbins Geller Rudman & Dowd LLP as lead counsel in consolidated stock-drop class actions that accuse Skechers of exaggerating its sales growth projections.

  • November 21, 2018

    Exercise Device Co. Owes $11.9M For Infringed Patent

    A California federal judge has doubled to $11.88 million the patent-infringement verdict against Woss Enterprises in connection with an exercise device, saying Tuesday the company’s “copying was deliberate" and also warranted a permanent injunction.

  • November 21, 2018

    FDA Walks A Tightrope In Moves To Ban Menthol, Limit E-Cigs

    The U.S. Food and Drug Administration will likely face court challenges to its recent proposal to limit retail sales of flavored e-cigarettes and ban menthol cigarettes, but the agency designed a unique approach in an attempt to avoid legal hurdles while achieving its goal of curbing smoking among kids, attorneys said.

  • November 21, 2018

    NRA Tells 1st Circ. Mass. AR-15 Ban Is Unconstitutional

    The National Rifle Association has urged the First Circuit to reverse Massachusetts' ban on assault weapons and large capacity magazines, arguing that the state law is "categorically unconstitutional," because it bans an entire class of protected firearms that are owned by millions.

  • November 21, 2018

    Justices’ Lean Toward States’ Rights Boosts Taxing Powers

    The U.S. Supreme Court’s recent leaning toward states’ rights and skepticism of dormant commerce clause power have resulted in an environment more sympathetic toward state taxing powers.

  • November 21, 2018

    Apax Bids $1.7B For New Zealand Online Platform Trade Me

    New Zealand-based Trade Me has received an unsolicited takeover offer totaling NZ$2.5 billion ($1.7 billion) from private equity firm Apax Partners, the online sale and auction platform said in a statement Wednesday with the New Zealand Stock Exchange.

  • November 20, 2018

    Investor Sues Foot Locker Over $6B Market Cap Drop

    A Foot Locker Inc. shareholder filed a derivative suit against the company's officers and directors on Tuesday, claiming their actions and misrepresentations led to a nearly $6 billion drop in the company's market capitalization — representing more than half of the company's value — over the course of eight months in 2017.

  • November 20, 2018

    Spirit Passengers' Bag-Fee Fraud Suit Preempted

    A New York federal judge on Tuesday tossed a proposed class action alleging Spirit Airlines Inc. defrauded consumers by concealing its carry-on bag fees on tickets sold through other online travel agents, saying federal law preempts their contract and fraud claims.

  • November 20, 2018

    KKR, Bain Set Up $20M Fund For Workers Toys R Us Let Go

    Private equity giants KKR & Co. Inc. and Bain Capital LP announced Tuesday they have established a $20 million fund to provide severance pay for some of the more than 30,000 former employees of the bankrupt Toys R Us chain.

  • November 20, 2018

    Real Estate Rumors: Palmcorp, Wells And Goldman, Redwood

    Palmcorp Development has reportedly landed nearly $14 million in financing for a project to build single-family homes in Miami, Wells and Goldman are said to have loaned a combined $156 million for a New York retail and residential building, and Redwood Partners has reportedly bought a Long Beach, California, office campus for $60.5 million.

  • November 20, 2018

    $16M Deal OK'd In Zicam Cold Meds False Ad Class Suit

    A California federal judge on Monday gave the final nod to a $16 million settlement ending class claims that Zicam LLC and Matrixx Initiatives Inc. falsely advertised their over-the-counter homeopathic remedies as able to prevent and shorten the common cold.

  • November 20, 2018

    David’s Bridal Gets Nod For $185M DIP In Del. Ch. 11

    A Delaware bankruptcy judge on Tuesday gave her nod to David's Bridal Inc.’s $185 million in post-petition financing in the bridal retail giant's prepackaged Chapter 11, which the company said was necessary to keep operations going as it heads into the busy season for dress orders.

  • November 20, 2018

    6 Things Tax Attys Are Grateful For This Thanksgiving

    From the downfall of the physical presence test to proposed regulations to limit income inclusions for corporate U.S. shareholders of controlled foreign corporations, family, friends and turkey are not the only things tax attorneys have to be thankful for this holiday season. Here, Law360 looks at six tax developments practitioners appreciate and hope for this year.

  • November 20, 2018

    Brazil Says Google Pricing Tool Probe Turned Up Nothing

    The superintendent general of Brazil’s antitrust watchdog has recommended ending an investigation into whether Google illegally tweaked its algorithm to favor its own price comparison tool over competitors’, saying it had discovered no harm to competition.

  • November 20, 2018

    Kapp Morrison Guides $74M Sale Of Fla. Retail Center

    Holliday Fenoglio Fowler LP said Tuesday that it has sold a 207,030-square-foot retail center located in South Florida to institutional asset manager MetLife Investment Management for $73.75 million, in a deal that was guided by Kapp Morrison LLP.

  • November 20, 2018

    Deals Rumor Mill: SoftBank, Warburg Pincus, Walt Disney

    SoftBank's Vision Fund is reportedly set to inject $2 billion into South Korean e-commerce giant Coupang, Warburg Pincus is aiming to raise $4 billion for a China-focused fund, and multiple bidders are vying for the 22 regional sports TV networks Disney acquired in its merger with 21st Century Fox.

Expert Analysis

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • Some Safe-Harbor Provisions Remain In New Ill. Use Tax Rule

    Emily Fiore

    Illinois law requiring remote sellers with no physical presence in Illinois to register and collect use tax on sales goes into effect on Oct. 1, 2018. Emily Fiore of Akerman LLP discusses further guidance on the state’s new economic nexus statute.

  • NY Tax Minutes: September

    Timothy Noonan

    In the latest installment of their monthly column, Timothy Noonan and K. Craig Reilly of Hodgson Russ LLP revisit the ongoing battle over the SALT deduction cap, note the importance of taxpayer testimony in domicile cases, address nonaudit-related legal challenges facing taxpayers and review New York City’s better-late-than-never guidance on repatriated income.

  • 3 Key Employment Law Issues To Keep An Eye On

    Lovita Tandy

    Employment lawyers dare not turn away from their news feeds lest they miss the next critical case law update. Lovita Tandy of Tandy Legal and Bonnie Burke of Lawrence & Bundy LLC review the latest on sexual orientation discrimination, employee arbitration agreements and joint employer liability.

  • How Corporate Reputation Risk Is Exacerbating D&O Liability

    Nir Kossovsky

    At a time when the materiality of corporate reputation risk is widely recognized, but institutional safeguards against that risk are not, what are the implications for directors and officers? The current state of play is not comforting, says Nir Kossovsky of Steel City Re.

  • Product Liability For Online Marketplaces And Car-Sharing

    Steven Kramer

    Just as Amazon and other online retail intermediaries have raised new product liability questions, similar questions are being asked about companies that provide short-term vehicle rentals. The legal theories that insulate online marketplaces from strict product liability concerns can also be applied to car-sharing businesses, says Steven Kramer of Eckert Seamans Cherin & Mellott LLC.

  • Triggering Civil Authority Coverage After A Natural Disaster

    Tracey Jordan

    As hurricane season continues, insured business owners in affected areas are likely to seek coverage for loss of business income. It's important to recognize that for business income insurance to cover losses caused by a civil authority order, the order must be a result of actual property damage, says Tracey Jordan of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Athlete Activism Is Changing Partnerships With Brands

    Michael Rueda

    Morals clauses are common in endorsement deals but are typically in favor of the brand. Given today's socially aware environment, athletes should negotiate to protect their personal brands from the negative reputational impact that could result from actions by their commercial partners, say Michael Rueda and Gregory Pun of Withers LLP.

  • DOL Gifts Employers Advice On Unique FMLA, FLSA Issues

    Alex Aguilera

    Specific guidance on how employers should handle gray areas in the law can be of great importance, especially in extremely unique situations. Alex Aguilera of Seyferth Blumenthal & Harris LLC offers insights on six opinion letters recently released by the U.S. Department of Labor to help employers navigate tricky Family and Medical Leave Act and Fair Labor Standards Act issues.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.