Retail & E-Commerce

  • February 23, 2018

    Up Next At The High Court: Antitrust Rule, Public Unions

    The U.S. Supreme Court is closing out its February oral argument session with a blockbuster docket, taking on a key doctrine of antitrust law in a case involving American Express Co. and pondering the fate of public sector unions.

  • February 23, 2018

    Hotels Move For Cert. In Expedia False Ad Suit

    A pair of hotels are pushing to certify their proposed class action accusing Expedia of luring customers with false advertisements and then diverting them to make reservations at places where it gets a cut, telling a California federal court Thursday that a class action is the best way for their Lanham Act claims to proceed.

  • February 23, 2018

    Antitrust World Eyes Justices On AmEx Steering Case

    The U.S. Supreme Court is set to hear oral arguments Monday in a case challenging anti-steering rules that American Express Co. imposes on merchants, and the antitrust bar will be keeping a close watch on how the justices approach the rule of reason, an important but underdeveloped tool for weighing competitive effects in antitrust cases.

  • February 23, 2018

    High Court Asked To Revive FedEx Package-Weight RICO Suit

    An internet retailer has asked the U.S. Supreme Court to revive its Racketeer Influenced and Corrupt Organizations suit accusing FedEx Corp. of improperly calculating the weight of packages, saying FedEx shouldn’t have been allowed to dodge liability by claiming its various subsidiaries aren’t distinct from the parent company.

  • February 23, 2018

    ​​​​​​​Penske Gets Green Light On $3.2M Break, OT Deal

    A California court judge on Friday granted preliminary approval to a $3.2 million deal to settle claims that Penske Automotive Group Inc. dealerships in the Golden State failed to provide appropriate breaks and overtime pay for some 1,750 employees working on commission.

  • February 23, 2018

    Shopper Drops Suit Over Whole Foods Data Breach

    Whole Foods escaped a proposed class action in Ohio federal court accusing the company of failing to protect customer data following a September data breach that affected the grocer's taprooms and restaurants, with the consumer on Thursday agreeing to dismiss her claims.

  • February 23, 2018

    Canon Gets Enhanced Damages In Bottle Patent Suit

    A Georgia federal judge has beefed up a jury's $4.4 million verdict for Canon Inc. over patented toner bottles, saying Thursday that a damages enhancement is warranted because willful infringement went on for some time.

  • February 23, 2018

    Lowe’s Wants Burned Breast Suit Moved To Federal Court

    Lowe’s Companies Inc. on Friday asked to move to Massachusetts federal court a lawsuit brought by a woman who says a personal heater she purchased from the retail home improvement chain severely burned her breast.

  • February 23, 2018

    Goulston & Storrs Grows Corporate Team With Boston Hire

    A former Pepper Hamilton LLP partner has joined Goulston & Storrs PC in its Boston office, adding even more depth and experience to the firm’s corporate practice with a specialist in the middle-market mergers and acquisitions and private equity spaces.

  • February 22, 2018

    Sam's Club Can't Escape $1M Verdict Over Woman's Injury

    Sam's Club again lost its challenge to a $1 million verdict for a customer left scarred and limping after injuring her leg at a New Jersey store, with a state appeals court saying Thursday that the business failed to show the award constitutes a miscarriage of justice.

  • February 22, 2018

    Facebook Shouldn't Expect 'Fake News' Legal Woes, For Now

    Social media sites are facing heightened scrutiny amid charges that an army of Russia-based “bot” accounts meddled in the 2016 U.S. presidential election, but companies like Facebook, Twitter and Google are largely immune from liability even if they unwittingly help spread propaganda, attorneys say.

  • February 22, 2018

    Converse Workers Ask 9th Circ. To Revive Bag Check Suit

    A group of Converse Inc. employees urged the Ninth Circuit on Wednesday to revive a class action alleging they were owed money for time spent going through mandatory security inspections, saying a trial court judge wrongly concluded that the amount of uncompensated time was too nominal to keep the case alive.

  • February 22, 2018

    Endo Settles Rest Of Lidoderm Antitrust Suit

    Endo has reached a settlement with the remaining plaintiffs in an antitrust lawsuit over the Lidoderm pain patch on the eve of jury selection for an upcoming trial, court records show, an effort to end the case after a California federal judge refused to enter judgment in its favor.

  • February 22, 2018

    Radio-Control Car IP Holder Wants To Resume Hobbico Ch. 11

    A company holding several patents related to radio-controlled cars and planes asked to have the automatic stay of litigation lifted in Hobbico Inc.'s Chapter 11 case Thursday, saying its infringement claims against the debtor needed to be resolved in Texas federal court before the case could move forward.

  • February 22, 2018

    Tops Supermarket Can Tap $265M Ch. 11 Financing

    Regional supermarket chain Tops Markets LLC won approval for up to $265 million in financing for its nearly $1.2 billion Chapter 11 restructuring in New York bankruptcy court Thursday.

  • February 22, 2018

    Newark Accused Of Unlawfully Shielding Amazon HQ Docs

    A New Jersey man has slammed Newark with a lawsuit in state court alleging the city unlawfully denied his public records request for documents related to its bid to land Amazon's second U.S. headquarters, citing "a compelling public interest" in learning such information.

  • February 22, 2018

    6th Circ. Hands Union Win In Dues Checkoff Case

    The Sixth Circuit ruled Thursday that a United Food & Commercial Workers International Union local acted properly when it kept collecting union dues from two members who failed to follow proper procedures for rescinding the authorization they gave to have those dues deducted from their paychecks.

  • February 22, 2018

    Truffle Aroma Supplier Asks To Exit Suit Over Trader Joe's Oil

    A Spanish supplier to Trader Joe's Co. urged a federal judge on Wednesday to dismiss it from a false-labeling suit claiming it provided the "truffle aroma" used in the grocer's truffle-flavored olive oil that allegedly contains "no black truffle whatsoever," saying it has no New York presence and can't be included in the suit.

  • February 21, 2018

    Bed Bath & Beyond Trims Claims In Manager OT Class Action

    A New York federal judge on Wednesday trimmed claims in a proposed class action alleging Bed Bath & Beyond denied overtime payments through the use of the fluctuating workweek payment model, dropping claims from department managers while claims from assistant managers remain in the litigation.

  • February 21, 2018

    Pa. Man Gets 1 Year For Aiding Tobacco Tax Evasion

    A Pennsylvania distributor was sentenced to a year and a day behind bars in Massachusetts federal court Wednesday after pleading guilty to helping a Bay State wholesaler avoid paying more than $9.6 million in taxes on massive shipments of tobacco products.

Expert Analysis

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • Indirect Purchaser Cases In 2017: Key District Court Rulings

    Chris Micheletti

    Over the last year, there were some interesting cases in the indirect purchaser class action arena, with district courts addressing pleading motions, class certification in “pay-for-delay” drug cases, and class certification of nationwide and multistate class claims based on California’s state antitrust law, say Chris Micheletti and Christina Tabacco of Zelle LLP.

  • The Broader Implications Of Sessions’ Marijuana Move

    Markus Funk

    Beyond what it heralds for the marijuana industry, Jeff Sessions’ memo on marijuana enforcement signals a new era of increasingly decentralized federal prosecutorial power, say attorneys with Perkins Coie LLP, including former Colorado Chief Justice Michael Bender.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • Opinion

    We Need A Law To Recognize And Combat Pyramid Schemes

    Chetan Sanghvi

    Establishing clear guidelines in law on what constitutes pyramid fraud, and promulgating safeguards against fraudulent practices, can help to clear the fog, prevent fraud and stimulate economic activity, says Chetan Sanghvi of NERA Economic Consulting.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • 5 Things To Watch For In FCPA Enforcement This Year

    David Simon

    After much hand-wringing in 2017 about whether Foreign Corrupt Practices Act enforcement would diminish radically under President Donald Trump, it’s now safe to say that all signs point toward continued and vigorous enforcement, say attorneys with Foley & Lardner LLP.

  • Roundup

    5 Most-Read Legal Industry Articles Of 2017

    2017 Trends

    What business of law topics piqued reader interest in 2017? Take a look back at the year's five most-read legal industry articles from Law360 guest authors.