Retail & E-Commerce

  • July 13, 2020

    Asda's Appeal In Equal Pay Fight Lands At Top UK Court

    Asda Stores Ltd. sought to regain some ground in a long-running equal pay fight on Monday, telling the U.K.'s highest court that employees carrying out roles on the shop floor cannot compare themselves to depot workers because they work in different sectors.

  • July 13, 2020

    NY&Co. Parent Hits Ch. 11 With Store Closings To Follow

    The corporate parent of New York & Co. and other apparel brands hit Chapter 11 in New Jersey Bankruptcy Court on Monday with plans to close a significant portion of its stores as it struggles with more than $100 million in debt, marking the latest retail dress-down compounded by the COVID-19 pandemic.

  • July 10, 2020

    COVID-19 IP Catch-Up: NY Trial Finally Starts, Texas Holds Off

    The COVID-19 pandemic has caused a drug patent trial in New York to go remote and again delayed a media streaming patent trial in Texas. Meanwhile, 3M settled a fraud suit tied to its N95 masks, and Jeff Dunham received pushback from a company selling face masks with his image. Here are some recent intellectual property updates tied to the outbreak that you may have missed.

  • July 10, 2020

    Chancery Quashes Del.'s 'Expansive' Escheat Probe Of AT&T

    A Delaware vice chancellor quashed a subpoena Friday that AT&T Inc. said would require it to hand millions of records over to a state agency seeking unclaimed funds and rebates dating back decades, saying the subpoena was so expansive it "would constitute an abuse."

  • July 10, 2020

    Jay-Z-Backed Pot Business Got Millions In PPP Money

    A cannabis company backed by music mogul Jay-Z and football legend Joe Montana received millions of dollars in Paycheck Protection Program loan money, U.S. Treasury data shows.

  • July 10, 2020

    Excluded CRT Buyers Ask 9th Circ. For Emergency Stay

    Indirect buyers of cathode ray tubes excluded from over $500 million in price-fixing settlements have asked the Ninth Circuit for an emergency stay while they appeal a rejection of their bid to intervene in the case after the lower court indicated it will approve the latest version of the deals.

  • July 10, 2020

    The Majority Of One: How Roberts Is Shaping The Court

    The 2019 term has removed all doubt: Chief Justice John Roberts Jr. is the power broker on the U.S. Supreme Court. But unlike past swing justices, the nation's top jurist puts the reputation of the court before his own conservative instincts and is willing to compromise when he needs to.

  • July 10, 2020

    5 State & Local Tax Cases To Watch In The 2nd Half Of 2020

    From Amazon's dispute with South Carolina on taxation of third-party products sold through its website, to courts tackling questions of apportionment and sourcing, the second half of the year promises to give state and local tax professionals plenty to anticipate. Here, Law360 looks at five cases to watch in the second half of 2020.

  • July 10, 2020

    Sur La Table Gets OK For Quick Road To Ch. 11 Auction

    A New Jersey bankruptcy judge on Friday gave his nod to Sur La Table's request for a quick auction timeline in its Chapter 11 case, noting the extensive effort the Seattle-based kitchenware retailer undertook to secure a $61 million stalking horse bid from Fortress Investment Group.

  • July 10, 2020

    FDA To Restart On-Site Inspections Paused For Virus

    The U.S. Food and Drug Administration said Friday it will restart on-site, preannounced domestic inspections, paused in March due to the coronavirus pandemic, equipped with a new rating system for investigators to determine the safest areas to continue the agency's enforcement efforts.

  • July 10, 2020

    Breaking Down The Vote: The High Court Term In Review

    A docket packed with divisive cases. Experiments in remote oral arguments. Defining moments for the court’s new swing justice. Here, Law360 takes a data dive into the numbers behind this historic court term, when the unexpected reigned supreme.

  • July 10, 2020

    The Firms That Won Big At The Supreme Court

    Supreme Court oral arguments are always a high wire act. This term, a global pandemic, a docket of hot-button cases and an experiment with remote technology took the challenge to new heights. Here’s a look at the law firms that argued the most, and how they fared.

  • July 10, 2020

    Bid To Prioritize Sex Bias Claims Fails In John Varvatos Ch. 11

    A Delaware judge on Friday tossed a suit filed in John Varvatos Enterprises Inc.'s Chapter 11 by an employee class looking to elevate claims related to a $3.5 million sex discrimination case victory earlier this year over those of another creditor.

  • July 10, 2020

    Brooks Brothers OK'd For Bigger, Better Ch. 11 Loan

    Men's clothing retailer Brooks Brothers Group Inc. told a Delaware bankruptcy judge at the outset of its case Friday that it obtained a new Chapter 11 loan that provides $5 million more in financing than previously contemplated and does so on better credit terms.

  • July 10, 2020

    Pa. Hospital Says Virus Exclusion Doesn't Apply To 'Expenses'

    A Pennsylvania hospital urged a federal judge to rule that its "loss of use" of buildings and facilities because of state-mandated COVID-19 closures is a physical loss covered under its policy with Travelers Property Casualty Co., adding that the policy's virus exclusion only applies to coverage of "losses" but not to "business expenses."

  • July 10, 2020

    GOP Convention Draws Lawsuit Over COVID-19 Risk To Fla.

    With COVID-19 cases skyrocketing in Florida, seven Jacksonville residents and business operators have asked a state court to block or significantly restrict plans to hold the Republican National Convention at the city's VyStar Veterans Memorial Arena in August, saying a large crowded event would threaten their health, welfare and property rights.

  • July 10, 2020

    Bar Claims Insurer Overcharged Premiums During COVID-19

    A Michigan sports bar sued EMC Insurance on Friday, saying that because it had to drastically curtail its operations during government-mandated shutdowns to stem COVID-19, the insurer should refund the premiums it received for liability insurance during that time.

  • July 10, 2020

    Real Estate Rumors: Oak Street, Knightsbridge, Former Target

    Oak Street Real Estate Capital has reportedly paid $51.01 million for a Florida mixed-use building, Knightsbridge Properties is said to have landed $20 million in financing for a New York condo project and a former Target in Florida could be redeveloped into apartments.

  • July 10, 2020

    Pa. Gov. Says Reopening Should Scuttle Virus Closure Suit

    Pennsylvania Gov. Tom Wolf said a federal lawsuit over his orders to close businesses due to the COVID-19 pandemic should be dismissed, in part because he had since loosened or lifted many of the restrictions the suit claimed were unconstitutional.

  • July 10, 2020

    Starbucks Must Face False Ad Suit Over Caffeine Content

    A California federal judge is allowing the bulk of a suit alleging that Starbucks Corp. misleads customers by putting the same amount of caffeine into different sizes of its drinks, saying he's not ready to decide at this stage whether the coffee shop's practices are in fact misleading.

  • July 10, 2020

    COVID-19 Closings Send Retailer Muji USA Into Ch. 11

    The American unit of Japanese home goods retailer Muji sought Chapter 11 protection in Delaware early Friday, burdened by COVID-19-related store closings and reporting more than $50 million in overall debt.

  • July 10, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen the U.S. Securities and Exchange Commission seek disclosure against a tech entrepreneur, a Bank of America Merrill Lynch employee target his employer in a new round of litigation, and business consulting giant Turner & Townsend sue in connection with the U.K.'s major rail project. Here, Law360 looks at those and other new claims in the U.K.

  • July 09, 2020

    3 Firms Fight To Lead Class In Juul-Altria Antitrust Suits

    Hausfeld, Berman Tabacco and the Joseph Saveri Law Firm have filed competing bids requesting a California federal judge name them lead counsel for a group of consumers who accuse e-cigarette maker Juul and former rival Altria of violating antitrust laws by conspiring to reduce the variety of products on the market.

  • July 09, 2020

    9th Circ. Kicks Costco PAGA Seating Suit Back To State Court

    The Ninth Circuit ruled Thursday that a lower court erred by removing a Costco worker's Private Attorneys General Act lawsuit over unprovided seating to federal court, rejecting Costco's arguments that labeling a complaint as a "class action" is enough to meet removal requirements under the Class Action Fairness Act.

  • July 09, 2020

    Ex-Wawa Workers Ink $22M Deal To End ERISA Class Action

    A certified class of ex-Wawa workers urged a Pennsylvania federal judge Thursday to give preliminary approval to a $21.6 million settlement to end their Employee Retirement Income Security Act suit accusing the convenience store chain of forcing them to divest from the employee stock ownership plan.

Expert Analysis

  • Opinion

    Attys Should Stop Using 2 Common Cannabis Industry Terms

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    Adopting the industry-preferred alternatives to the terms "marijuana" and "black market" will help lawyers show that they are sensitive to the historical and systemic harm done by the war on drugs to people of color, say Joshua Mandell at Akerman, Nicole Phillis at Davis Wright and consultant Yvette McDowell.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • US-China Relationship Holds Lessons For US-India Trade

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    Although the rapport between India and the U.S. has improved amid the coronavirus pandemic, the U.S.-China relationship should teach companies that increased closeness in trade comes with increased risk of U.S. investigation and enforcement, says Vasu Muthyala at Kobre & Kim.

  • 2 Investment Advice Rulings Offer Lessons On Insider Liability

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    The Second Circuit's recent dismissals in Rubenstein v. International Value Advisers and Rubenstein v. Rofam may make it harder for plaintiffs seeking to impose liability premised on the existence of an insider group comprising an adviser and its clients, say Renee Zaytsev and Philip Sineneng at Thompson Hine.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • CARES Act Bankruptcy Litigation Raises Chevron Questions

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    While most bankruptcy courts have deferred, under the Chevron doctrine, to the Small Business Administration's decision to exclude bankrupt borrowers from the Paycheck Protection Program, the agency's rules appear to be shortsighted and misguided, says attorney Richard Corbi.

  • What DC's Advertising Sales Tax Proposal Means For Biz

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    The District of Columbia's recently approved preliminary budget would make it the first jurisdiction to adopt targeted, transaction-based sales tax on digital advertising and personal information, and business taxpayers should evaluate the complexities that arise from taxing such services, say attorneys at Eversheds Sutherland.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

  • How COVID-19 May Change Environmental M&A Due Diligence

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    As M&A transactions face increased scrutiny in the pandemic-stressed economic landscape, environmental due diligence must address changing business imperatives and reflect evolving health and safety concerns, says Michael Bittner at Ramboll.

  • Opinion

    End Forced Employee Arbitration To Advance Social Equality

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    If recent corporate claims against systemic racism and discrimination are genuine, companies should return bias and harassment claims to the courts by discontinuing the use of mandatory employment arbitration agreements, says attorney Victor Caldwell.

  • Opinion

    Consumer Perception Is King After Booking.com Decision

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    Following the U.S. Supreme Court's recent Booking.com ruling, practitioners should employ all forms of consumer perception evidence at their disposal when demonstrating that consumers understand an arguably generic term to be a brand, say David Bernstein and Jared Kagan at Debevoise.

  • How COVID-19 Mezzanine Foreclosures May Fare In NY Courts

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    Recent New York state court cases involving mezzanine loan foreclosures offer important guidance with regard to the wave of borrower defaults that is projected to strike as a result of COVID-19 and the requirements for mezzanine lenders conducting foreclosure sales under the Uniform Commercial Code, say attorneys at White and Williams.

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • A Guide To Drafting Enforceable Arbitration Clauses

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    In addition to being faster and cheaper than litigation, arbitration may be the only ongoing means of resolving disputes during the pandemic, but these advantages can be lost if the arbitration clause in a contract fails to bind one or more parties to the transaction, say John Shope and Kevin Conroy at Foley Hoag.

  • COVID-19 Could Complicate Distressed Nonrecourse Loans

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    Because COVID-19 will have important ramifications for mortgages' nonrecourse carveouts and cash management provisions, real estate borrowers should weigh their ability to retain a pandemic-distressed property versus returning it to the lender, says Richard Spore at Bass Berry.

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