Retail & E-Commerce

  • May 18, 2018

    EEOC Loses Trial Over Rent-A-Center Firing Of Trans Worker

    An Illinois federal jury found Friday that Rent-A-Center East Inc. didn’t illegally fire a transgender employee after she told the company she was transitioning, dealing a loss to the U.S. Equal Employment Opportunity Commission and its argument that the termination flouted federal anti-discrimination law.

  • May 18, 2018

    Egg Producers And Purchasers At Odds In Price-Fixing Trial

    Egg suppliers urged a Pennsylvania federal judge to grant them a win in multidistrict litigation that accuses them of conspiring to fix egg prices, saying evidence presented during the ongoing trial does not show they were part of a scheme.

  • May 18, 2018

    REIT InvenTrust Scoops Up Fla. Retail Center For $88M

    Illinois-based real estate investment trust InvenTrust Properties Corp. said on Thursday that it has acquired a 120,000-square-foot retail center in Palm Beach Gardens, Florida, for $88 million from Menin Development Inc.

  • May 18, 2018

    Homeowners Ask 9th Circ. To Revive Citi, Chase Fee Fights

    Homeowners claiming Citibank NA and JPMorgan Chase & Co. charged them unnecessary fees for property inspections after they defaulted on their loans asked the Ninth Circuit to revive their suits Friday, saying a lower court erred in finding no basis for their racketeering allegations against the banks and inspection companies.

  • May 18, 2018

    Ex-Perry Ellis CEO Proposes Board Members Amid $430M Bid

    George Feldenkreis, the former CEO of Miami-based Perry Ellis International, on Friday said he nominated four people to the company’s board of directors amid his $430 million offer to take the company he helped found private.

  • May 18, 2018

    Tesla Whistleblower Suit Paused Amid Arbitration Bid

    Tesla Inc. has been pushing back on a retaliation suit in New Jersey federal court brought by a former employee who said he was demoted and ultimately fired for reporting that the company was selling damaged cars to unsuspecting customers, with the automaker claiming he’s bound by an arbitration clause.

  • May 18, 2018

    1-800 Contacts Class Action Isn't Time-Barred, Judge Says

    A Utah federal judge denied 1-800 Contacts Inc.’s bid to dismiss a consolidated antitrust class action that accuses the lenses retailer of contracting with other retailers to stifle competition, ruling buyers could pursue claims based on purchases up to 14 years old because a separate government action tolled the statute of limitations.

  • May 18, 2018

    Adidas v. Skechers Trademark Ruling Leaves Plenty Unclear

    Trademark attorneys had hoped that a Ninth Circuit ruling in Adidas’ lawsuit against Skechers might clear up recent uncertainty about how to win a preliminary injunction, but experts say the decision has left plenty up in the air.

  • May 18, 2018

    Tenn. Justices OK Toss Of $146M Mall Flood Coverage Award

    Tennessee's highest court denied an appeal by the owner of a Nashville mall claiming insurers owe it $146 million in flood damage coverage.

  • May 18, 2018

    7 Firms To Guide IPO Lineup Projected To Surpass $1.2B

    Seven firms will guide initial public offerings set to raise more than $1.2 billion during the week of May 21, led by a fintech company that aims to disrupt the consumer loan business, plus three biotechnology firms, a private equity-backed payment processor and two small Chinese deals.

  • May 17, 2018

    Kohl's Should Pay For False Markdowns, 9th Circ. Hears

    A Kohl's customer alleging that she bought clothes from the retailer based on false markdown pricing told a Ninth Circuit panel on Thursday that a lower court erred when it found she could not seek restitution by calculating what she would have paid had she not been defrauded by the misleading price tags.

  • May 17, 2018

    Plans For $4B Miami Mega-Mall Advance With Key Approvals

    Plans for the massive American Dream Miami entertainment-retail complex passed key mileposts Thursday as the Miami-Dade County Commission approved land use and zoning applications and a development agreement needed for the $4 billion project to move forward.

  • May 17, 2018

    Atty Again Tries To Toss Dallas Diamond 'Shakedown' Row

    A Nashville attorney has urged the Fifth Circuit to reconsider its decision earlier this month to reject his bid to dump a civil conspiracy claim against him in a case brought by a Dallas diamond retailer who alleges the lawyer was part of a sophisticated nationwide "shakedown operation."

  • May 17, 2018

    PayPal Announces Deal To Buy Sweden's iZettle For $2.2B

    PayPal Holdings Inc. announced Thursday it has agreed to pay $2.2 billion to acquire Sweden’s iZettle, a payments platform boasting nearly half a million merchants across 11 international markets, in a bid to strengthen in-store presence by acquiring the business behind the world’s first mini chip card reader.

  • May 17, 2018

    Latham, White & Case Rep Retailer BJ’s In IPO Push

    Massachusetts-based BJ's Wholesale Club on Thursday unveiled plans for an initial public offering guided by Latham & Watkins LLP and White & Case LLP in a registration statement the private equity-backed retailer filed with the U.S. Securities and Exchange Commission.

  • May 17, 2018

    Osco Drug Sued Over 20 Faxes A Day Promoting Drug Refills

    Osco Drug’s parent company got slapped with a lawsuit in Illinois federal court Thursday by a pain management doctor who says the company sends an average of 20 unauthorized faxes a day encouraging his employer’s physicians to write their patients new prescriptions for controlled substances, including opioids, that they intended to fill only once.

  • May 17, 2018

    8th Circ. Again Asked To Revive SuperValu Data Breach Row

    A group of SuperValu shoppers on Wednesday mounted their latest challenge to the dismissal of multidistrict litigation over a pair of 2014 data breaches, arguing that it was vital for the Eighth Circuit to weigh in for a second time on the Article III standing issues posed by the dispute. 

  • May 17, 2018

    Seattle Approves Head-Tax Bill Blasted By Amazon, Starbucks

    Seattle's Democratic Mayor Jenny Durkan said she signed a bill imposing an annual $275-per-employee tax on companies making more than $20 million a year despite strong opposition from hometown corporate giants Amazon and Starbucks.

  • May 17, 2018

    A Chat With Perkins Practice Management Chief Toby Brown

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Toby Brown, chief practice management officer at Perkins Coie LLP.

  • May 17, 2018

    Investors Say Foot Locker Execs Oversold Store Performance

    Foot Locker’s shareholders filed a derivative action against 13 officers and directors on Wednesday, claiming the company heads have exposed it to hundreds of millions of dollars in potential liability by making misleading public statements about known risks associated with customer migrations from brick-and-mortar locations to online sources to shop for athletic wear.

Expert Analysis

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • A Clearer Forecast On Cloud Computing Tax In Illinois

    Samantha Breslow

    Determining whether computer software is taxable is no easy task, especially in light of the changing technological landscape. However, in several nonbinding letters, the Illinois Department of Revenue has recently provided clarification on several key issues, including the taxability of cloud computing, says Samantha Breslow of Horwood Marcus & Berk Chtd.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • A Pre-Conference Guide To Early Seattle TM Cases: Part 2

    David Kluft

    As many attorneys head to Seattle this week for meetings of the International Trademark Association and the American Intellectual Property Law Association, David Kluft of Foley Hoag LLP explores the city's history through trademark disputes from the early 20th century.

  • A Pre-Conference Guide To Early Seattle TM Cases: Part 1

    David Kluft

    As many attorneys head to Seattle for meetings of the International Trademark Association and the American Intellectual Property Law Association, let's explore the city's history through trademark disputes from the early 20th century, says David Kluft of Foley Hoag LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • Tackling Depositions In Wage And Hour Misclassification Suits

    Excerpt from Lexis Practice Advisor
    Kamran Mirrafati

    A plaintiff’s deposition is often the most crucial deposition in wage and hour exemption misclassification cases. Kamran Mirrafati and Archana Manwani of Foley & Lardner LLP discuss how to prepare for and take this type of deposition, as well as how to defend the deposition of a Federal Rule of Civil Procedure 30(b)(6) witness in such cases.

  • Banks Suing After Payment Card Breach Face Difficulty

    Donald Houser

    The Seventh Circuit's decision last month in Community Bank of Trenton v. Schnuck may stem the growing tide of financial institution litigation against merchants who fall victim to cyberattacks, say Donald Houser and Ashley Miller of Alston & Bird LLP.

  • Recent Case Clarifies Personal Jurisdiction Law In Delaware

    Francis Pileggi

    The Delaware Chancery Court recently ruled in Baier v. Upper New York Investment that the simple act of forming a Delaware entity is not sufficient to impose personal jurisdiction over a nonresident involved in that formation. However, there are circumstances in which the formation of such an entity could form the basis for imposing personal jurisdiction, says Francis Pileggi of Eckert Seamans Cherin & Mellott LLC.