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Retail & E-Commerce

  • August 15, 2018

    Challenge To Beckham's Miami Stadium Referendum Tossed

    Soccer legend David Beckham's proposal to build a $1 billion soccer stadium, retail-office complex and public park on city-owned land in Miami survived an initial legal challenge Wednesday, as a state judge dismissed a challenge to a referendum asking voters to amend the city charter to allow negotiations.

  • August 15, 2018

    Mass. Grocers Appealing Loss In Wholesaler Antitrust MDL

    New England grocery store operators told a Minnesota federal court Wednesday they plan to appeal a July loss in multidistrict litigation accusing Supervalu Inc. of agreeing to not compete for customers with C&S Wholesale Grocers Inc. in the wholesale supply of groceries.

  • August 15, 2018

    Out-Of-State Drugs Can Be Taxed, Minn. High Court Rules

    Minnesota can apply its drug tax to pharmacies outside the state that deliver prescription drugs into Minnesota, the state’s highest court ruled Wednesday.

  • August 15, 2018

    'Star Wars' Book Dealer Sued Over Translation Credit Error

    Book distributor Readerlink Distribution Services LLC got hit with a lawsuit in Illinois federal court Tuesday by a woman who says it is selling a "Star Wars" book that misattributes its shoddy Spanish translation to her and hasn't destroyed the books despite indicating several times it would.

  • August 15, 2018

    Fed. Circ. Rules Database Patents Correctly Axed Under Alice

    The Federal Circuit on Wednesday ruled three indexing software patents that BuySeasons Inc. was accused of infringing are invalid for claiming nothing more than an abstract idea, upholding a ruling from a judge in the Eastern District of Texas.

  • August 15, 2018

    Morrison Cohen Guides $66M NYC Loan To Somerset Group

    Morrison & Cohen LLP represented Stratford Capital Partners LLC in connection with its $66 million loan to Somerset Group for two office and retail buildings on Lexington Avenue in Manhattan, according to records made public in New York on Wednesday.

  • August 15, 2018

    Fed. Circ. Won't Toss Balloon IP Case From Texas Court

    The Federal Circuit on Wednesday denied a water balloon maker’s bid to toss a patent infringement suit on the basis that Texas is an improper venue, keeping intact a lower court’s finding that the company had forfeited its venue defense through previous litigation.

  • August 14, 2018

    How One Firm Moved The Needle On Disability Inclusion

    This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results. This article is part of our special report on disability inclusion in the legal industry.

  • August 14, 2018

    Calif. Privacy Law Isn't End Of The World, Lawmakers Told

    A coalition of consumer advocacy groups shot back at the business community's initial efforts to scale back a recently enacted California privacy law, arguing that "the sky is not falling, as industry suggests" and urging state lawmakers to focus on "strictly technical cleanup" work for now. 

  • August 14, 2018

    LL Bean Customer’s Warranty Suit ‘Makes No Sense’: Judge

    A California federal judge on Tuesday tossed with leave to amend a proposed class action that claims new limits on L.L. Bean Inc.’s century-old lifetime warranty violate consumer protection statutes, saying during a hearing the allegations are “hugely hypothetical” and the suit “makes no sense.”

  • August 14, 2018

    Cadwalader Guides Wells Fargo On $120M Loan To Vornado

    Cadwalader Wickersham & Taft LLP represented Wells Fargo Bank NA in connection with the bank's $120 million loan to Vornado Realty Trust for a retail property on East 14th Street in Manhattan, according to a mortgage document filed in New York on Tuesday.

  • August 14, 2018

    CVS Escapes Class Action Over Flu Shot Text Messages

    A New Jersey federal judge Tuesday nixed a putative class action against CVS Pharmacy Inc. for allegedly violating the Telephone Consumer Protection Act by notifying customers about the availability of flu shots via text messages, finding that the messages fell under the so-called “health care exemption.”

  • August 14, 2018

    NLRB Can Pursue Retaliation Case Against Menard: Judge

    A Wisconsin federal judge on Tuesday ruled that the National Labor Relations Board didn't jump the rails of federal labor law when it pursued a retaliation complaint against Menard Inc. on behalf of a contractor, saying the agency acted within its authority and the retailer will be able to appeal an outcome it doesn't like.

  • August 13, 2018

    David Boies On How Dyslexia Shaped His Practice

    One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability. This article is part of our special report on disability inclusion in the legal industry.

  • August 13, 2018

    Michael Kors Wage Class Action Likely Headed To Arbitration

    A California federal judge on Monday tentatively ruled that Michael Kors USA Inc. and a staffing company can send to individual arbitration a woman’s putative class action alleging the companies stiff workers on overtime and withhold rest and meal breaks.

  • August 13, 2018

    BigLaw’s Mental Health Stigma Shows Signs Of Fading

    Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo. This article is part of our special report on disability inclusion in the legal industry.

  • August 13, 2018

    Calif. Panel Nixes WinCo Foods Meal Break Suit

    A California state appellate court on Monday upheld the dismissal of a proposed class action accusing supermarket chain WinCo Foods LLC of stiffing hourly workers at a California location of some meal breaks, saying the parties legally waived breaks for certain shifts in a collective bargaining agreement.

  • August 13, 2018

    FedEx Knocks Out Part Of Intellectual Ventures Tracking IP

    The U.S. Patent Trial and Appeal Board has invalidated portions of a patent held by Intellectual Ventures that covers shipping and tracking technology, agreeing with FedEx that prior art makes several of the patent claims obvious.

  • August 13, 2018

    Lululemon Workers Poised To Get Cert. In FLSA Suit

    A New York federal magistrate judge Monday recommended the court certify a class of employees in a suit alleging fitness wear retailer Lululemon does not pay them for hours spent on mandatory community outreach and administrative work.

  • August 13, 2018

    SC Offers $250K Threshold For Remote Sales Tax Collection

    The South Carolina Department of Revenue on Monday proposed requiring remote sellers with $250,000 of annual sales into the state to collect and remit sales and use tax by Oct. 1.

Expert Analysis

  • New Accessibility Lawsuit Trend: Class Action Complaints

    Edward Harold

    Recently, enterprising attorneys have brought Americans with Disabilities Act claims as class actions directed at all of a company’s locations. Their contention that the ADA requires broad, companywide compliance policies is controversial, but businesses must prepare for such claims, says Edward Harold of Fisher Phillips LLP.

  • Why A Hoverboard Suit Against Amazon Went Up In Flames

    Jed Winer

    Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace? The plaintiffs in Fox v. Amazon.com argued exactly that, and the district court answered with a resounding “no.” Online marketplaces are simply not in a position to supervise every product sold on their platforms, says Jed Winer of Weil Gotshal & Manges LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Awaiting Clarity On Fluctuating Workweek In Pa.

    Jeffrey Cadle

    Now that the Pennsylvania Supreme Court has allowed the state Superior Court's decision in Chevalier v. General Nutrition Centers to be appealed, it is possible that the fluctuating workweek method — an alternative for employers to calculate overtime pay for salaried employees — could be explicitly adopted in the state, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • Trends In Protection Of Anonymous Online Speech

    Margaret Krawiec

    Soon the Texas Supreme Court will consider under what circumstances Glassdoor should be compelled to reveal the identities of anonymous reviewers. Skadden attorneys Margaret Krawiec and Thomas Parnham discuss how courts over the years have answered the fundamental First Amendment question of whether to unmask an internet user who chooses to speak anonymously.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Testing Mandate Is Straining California Cannabis Cos.

    Oren Bitan

    California’s Proposition 64 legalized recreational cannabis, but set a deadline of July 1, 2018, for cannabis products to be tested for a range of toxic substances. Since then, one in every five pot samples have failed required testing, posing big challenges for the industry, says Oren Bitan of Buchalter PC.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.