Retail & E-Commerce

  • February 16, 2018

    Allergan, Others Cough Up $9M In Product-Hopping Suit

    Allergan Inc., Senju Pharmaceutical Co. Ltd. and Kyorin Pharmaceutical Co. Ltd. have agreed to pay Hartig Drug Co. Inc. $9 million to end a putative class action alleging product-hopping over eye care products Zymar and Zymaxid, according to documents filed Friday in Delaware federal court.

  • February 16, 2018

    Hedge Fund's $26.2M Bid Tops Ch. 11 Auction For Aerogroup

    Hedge fund Alden Global Capital emerged as the apparent winning bidder in Delaware on Friday for bankrupt shoe retailer Aerogroup International Inc., with a $26.175 million bid that capped a nearly 24-hour, sometimes “testy,” marathon auction.

  • February 16, 2018

    US Hits Back At AmEx In High Court Steering Rules Case

    The U.S. government criticized American Express Co. on Thursday for defending contract provisions that prevent merchants from steering customers to other credit cards, in a closely watched antitrust case before the U.S. Supreme Court.

  • February 16, 2018

    Boston Grocers Seek Conditional Cert. In Antitrust MDL

    Two Village Market companies have asked a Minnesota federal court to conditionally certify a class of 51 grocers in the Boston area in antitrust multidistrict litigation claiming that Supervalu and C&S Wholesale Grocers Inc. agreed not to compete with each other for customers in certain states.

  • February 16, 2018

    Couche-Tard Wins FTC OK For Holiday Buy With Store Sales

    The Federal Trade Commission has approved a deal that will see Canadian gas station and convenience store operator Alimentation Couche-Tard Inc. sell 10 locations in Minnesota and Wisconsin to assuage antitrust concerns over the company’s acquisition of Midwestern competitor Holiday Stationstores Inc. and affiliates, the agency said Friday.

  • February 16, 2018

    Deals Rumor Mill: Uber, Walmart, Thomson Reuters

    Uber is reportedly getting ready to take a large stake in taxi and carpooling company Grab, Walmart is mulling a deal for a more than 40 percent stake in Flipkart, and $15 billion in financing is backing a Blackstone-led consortium’s $17 billion bid for Thomson Reuters’ financial and risk business.

  • February 16, 2018

    Pot Biz Urges Supreme Court To Take Case Against IRS

    A Colorado-based marijuana company has urged the U.S. Supreme Court to hear its case against the Internal Revenue Service, alleging the agency lacks the authority to investigate criminal activity and saying a circuit split must be resolved on the scope of a law preventing courts from interfering with tax collection efforts.

  • February 16, 2018

    Ill. Court Affirms Transfer Of Suit Against Redbox Driver

    A pedestrian who was struck by the vehicle of a Redbox Automated Retail LLC employee failed Thursday to return her suit against the company to Cook County, Illinois, with an appellate court finding that the pedestrian's home county of Kane was a better fit for the case.

  • February 15, 2018

    Amazon To Pay EPA $1.2M For Illegal Pesticide Sales

    The U.S. Environmental Protection Agency on Thursday announced that Amazon Services LLC will pay a $1,215,700 penalty to settle allegations it facilitated the distribution of imported pesticide products by third-party vendors that were not licensed for sale in the United States.

  • February 15, 2018

    Disney, Others Beat ‘Mickey’ Singer Toni Basil’s TM Claims

    A California federal judge on Thursday granted a bid by Disney, Kohl’s and Forever 21 to dismiss a trademark infringement claim brought by Toni Basil, the singer of 1981’s one-hit wonder song “Mickey,” that accused all three companies of using her image and voice to advertise their own products.

  • February 15, 2018

    Kellogg Worker Must Arbitrate FLSA Claim, Judge Says

    A Nevada federal judge on Thursday sent to arbitration a Kellogg worker’s claim that the company violated the Fair Labor Standards Act by denying him proper overtime pay, finding the parties had “clearly and unmistakably” agreed that an arbitrator should decide whether the allegations are arbitrable.

  • February 15, 2018

    Texas Grocery Chain HEB Buys Growing Mobile Delivery App

    Texas food retailer HEB Grocery Co. LP, one of the Lone Star State’s largest private employers, said Thursday it has purchased Favor Delivery, a popular and growing on-demand delivery service headquartered in Austin, for an undisclosed sum.

  • February 15, 2018

    Real Estate Rumors: Union Investment, ADME, Braintree

    Union Investment is reportedly buying a New York retail condo leased to Lexus for $88 million, A.D.M.E. Real Estate is said to have sold a Miami Beach assisted-living facility for nearly $18 million and mobile payment software firm Braintree is reportedly in talks with landlord Vornado Realty Trust for 40,000 additional square feet in Chicago.

  • February 15, 2018

    Hanesbrands Sues Over Alleged Champion TM Infringement

    Hanesbrands Inc. filed trademark infringement claims against a New York-based apparel brand in federal court Wednesday, accusing it of ripping off its cursive-print Champion logos with a “parasitic business model" that uses words like "gangster" and "Chapo."

  • February 15, 2018

    EU Initiates 8-Month Audit Of Members’ VAT Practices

    The European Commission launched an eight-month compliance check of value-added tax refunds to European Union businesses on Wednesday to assess whether member countries are conforming to EU law and case law of the European Court of Justice.

  • February 15, 2018

    Cos. Denied Rehearing In $1B Lead Paint Cleanup Suit

    A California appeals court Wednesday rejected arguments by Sherwin-Williams Co. and other paint companies that a decision that trimmed a $1.15 billion lead contamination judgment didn't go far enough, saying there was ample evidence the companies had promoted the use of lead paint despite knowing the health dangers.

  • February 15, 2018

    Mitsubishi Inks $33M Deal In Sprawling Cathode-Ray MDL

    Mitsubishi Electric Corp. on Wednesday settled with a class of indirect buyers of cathode ray tubes for $33 million in California federal court, bringing total settlements in multidistrict litigation over an alleged price-fixing conspiracy involving electronics companies to $820 million.

  • February 15, 2018

    House Passes Bill To Curb Lawsuits Over ADA Violations

    The House of Representatives passed a bill intended to curb allegedly abusive Americans with Disabilities Act lawsuits Thursday, even as critics argued it would undermine protections under the civil rights law.

  • February 15, 2018

    Torys, Blake Guide Choice Properties, CREIT In $4.8B Deal

    Choice Properties and Canadian Real Estate Investment Trust on Thursday said that they will form the largest REIT in Canada, in a deal with an enterprise value of about CA$6 billion ($4.8 billion) guided by Torys LLP and Blake Cassels & Graydon LLP.

  • February 15, 2018

    A Chat With Hogan Lovells HR Chief Allison Friend

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Allison Friend, chief human resources officer for Hogan Lovells LLP.

Expert Analysis

  • Register Your California Cannabis Trademarks Now

    Joshua Cohen

    Any cannabis business that is holding its breath waiting for the U.S. Patent and Trademark Office to start registering cannabis-related trademarks should give up. But those located in states that have legalized recreational and/or medicinal cannabis should immediately seek state trademark registration where available, says Joshua Cohen, leader of Wendel Rosen Black & Dean LLP's intellectual property group.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • 2nd Circ. Courts Dive Into 'Class Arbitration' Questions

    Gilbert Samberg

    The U.S. Supreme Court has not yet addressed core issues that will ultimately determine the viability of a class arbitration award, nor have the various courts of appeal grappled with those issues. However, courts in the Second Circuit have recently begun to do so, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • 4 Tips For Applying Arbitration Agreements To TCPA Claims

    Michael Leffel

    With statutory damages of up to $1,500 for each call, text or fax, the Telephone Consumer Protection Act remains a hotbed of class action litigation. Attorneys with Foley & Lardner LLP discuss an additional, often overlooked, tool for defendants in TCPA cases.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Why Blockchain’s Impact On The Retail Sector Is Growing

    Scott Kimpel

    Retail and consumer products companies can no longer afford to ignore blockchain as a passing trend. From tracing the source of a defective item, to verifying products' authenticity, to simplifying international shipping, to streamlining consumer loyalty programs, blockchain is increasingly becoming a valuable tool, say Scott Kimpel and Mayme Beth Donohue of Hunton & Williams LLP.

  • 2 'Pass-Through' Hurdles For Indirect Purchaser Plaintiffs

    Jon Tomlin

    As several recent decisions demonstrate, indirect purchaser plaintiffs aiming to establish that any price-fixing overcharges imposed by manufacturers were ultimately “passed through” to them face a formidable economic task, says Jon Tomlin of Navigant Consulting.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.