Retail & E-Commerce

  • May 22, 2018

    No Asbestos In J&J Talc Mines, SC Mesothelioma Jury Hears

    Johnson & Johnson’s talc mines in Vermont have been shown to be asbestos-free, a mineralogy and geology expert hired by the company told a South Carolina jury on Tuesday hearing the case of an attorney who died at age 30 from mesothelioma allegedly caused by her use of J&J baby powder sold by Rite Aid.

  • May 22, 2018

    UPS Loses Challenge Of Postal Shipping Costs Rule

    UPS can’t unwind new federal rules on consumer shipping costs after the D.C. Circuit found Tuesday that the Postal Regulatory Commission hadn’t overstepped its bounds in excluding some of the U.S. Postal Service’s costs from its math.

  • May 22, 2018

    Amazon Touts Face-Recognition Tool To Gov't, ACLU Says

    Amazon has been encouraging local law enforcement in Oregon and Florida to incorporate its facial recognition technology, the American Civil Liberties Union said Tuesday, pointing to documents obtained by the group that it says raise concerns about the tool being abused to conduct surveillance on vulnerable populations.

  • May 22, 2018

    Orrick Nabs Weil Partner To Co-Lead IP Practice

    Orrick Herrington & Sutcliffe LLP has hired the former co-chair of Weil Gotshal & Manges LLP’s patent litigation practice to co-lead Orrick’s global intellectual property practice, after he's represented major technology companies like Oracle Corp., eBay Inc. and Micron Technology in high-profile patent disputes, Orrick said Tuesday.

  • May 22, 2018

    City's Paper Bag Fee Not A Tax, Colo. High Court Says

    The Colorado Supreme Court has ruled a city’s charge on paper bags is not a tax, meaning the city can enact it without seeking voter approval otherwise required for new taxes under the state taxpayers’ bill of rights.

  • May 22, 2018

    Ohio Justices Say Lowe’s $8.8M Appraisal Needs Redoing

    The Ohio Supreme Court on Tuesday vacated a state Board of Tax Appeals decision that affirmed a county appraiser’s $8.8 million valuation of a Lowe’s Inc. property, saying the board must re-evaluate the appraiser’s report using newly established case law.

  • May 22, 2018

    Blue Apron Looks To Dodge Investors’ Stock-Drop Suit

    Blue Apron Holdings Inc. urged a New York federal judge on Monday to toss a proposed shareholder class action over a decline in the company's stock price that followed its initial public offering, saying it couldn’t have predicted issues at a new meal-assembly facility when it went public last year.

  • May 22, 2018

    Express Scripts Beats Investor Suit Over Anthem Disclosures

    Pharmacy benefit manager Express Scripts Holdings Co. on Tuesday won the dismissal of an investor suit over a breakdown in its relationship with health insurance giant Anthem Inc. that allegedly caused a multibillion-dollar drop in the value of its shares.

  • May 22, 2018

    New Era Hit With TM Suit Over 'Fear Of God' Cap Line

    New Era Cap Co. Inc. was hit with a trademark suit on Tuesday in federal court by a Massachusetts religious apparel company started by a college student who says the baseball hat maker, which provides caps for Major League Baseball and recently released its Fear of God cap line, is illegally blocking her trademark petition.

  • May 22, 2018

    Texas Gas Station Buc-ee's Wins TM Battle Over Beaver Logo

    The popular Texas-based convenience store chain Buc-ee's Ltd. won a court battle Tuesday when a federal jury in Houston agreed that a competitor's cartoon alligator logo was too similar to its cartoon beaver logo, siding with Buc-ee's on claims including trademark infringement.

  • May 22, 2018

    REIT, Investment Manager Form JV To Revamp Calif. Mall

    New York-based real estate investment trust Seritage Growth Properties and real estate investment manager Invesco Real Estate said on Tuesday that they have formed a joint venture partnership to own and reconfigure an area of Westfield UTC mall in La Jolla, California, that the transaction values at $165 million.

  • May 22, 2018

    Chicken Of The Sea, Walmart Settle In Tuna Price-Fix MDL

    Chicken of the Sea International on Tuesday said it has reached a cash settlement with Walmart Inc. to resolve antitrust claims related to a multidistrict litigation in California federal court alleging a widespread tuna price-fixing conspiracy.

  • May 22, 2018

    Cup Maker Denies Atty Conflict In $25M Trade Secrets Suit

    Drinkware manufacturer Tervis Tumbler urged a Florida federal court Monday to deny a bid to disqualify its counsel Shumaker Loop & Kendrick LLP in a $25 million trade secrets case, saying there is no conflict from the firm's past representation of plaintiff Trinity Graphic on unrelated matters.

  • May 22, 2018

    Walmart Shirks Privacy With Self-Checkout Videos, Suit Says

    Walmart Inc. violates Golden State privacy law by using video cameras to record customers’ facial features at self-checkout kiosks, according to a proposed class action that landed in California federal court on Monday.

  • May 22, 2018

    Golden Corral Will Pay $3.9M To Settle Overtime Claims

    Golden Corral Corp. has agreed to pay $3.9 million to settle claims that it violated federal and state labor law by paying assistant managers lump sums instead of overtime for training, the workers told an Ohio federal judge, asking her to approve the agreement.

  • May 22, 2018

    Wilson Sonsini Reps WeddingWire In $350M Permira Deal

    Wedding service marketplace WeddingWire Inc. said Tuesday a company backed by funds of global private equity firm Permira will pay $350 million to take a controlling stake in the business, with Wilson Sonsini Goodrich & Rosati PC guiding the seller.

  • May 21, 2018

    1st Circ. Says Food Stamp-Fraud Proof Burden Is On Grocer

    In a case of first impression, the First Circuit ruled Monday that the burden of proof for rebutting food stamp fraud allegations falls on a grocer, in a case against a store that claimed to sell pricey goat and camel meat and catered to Somali immigrants.

  • May 21, 2018

    Deal In CVS False Ad Suit Shouldn't Get OK, Judge Says

    A New York magistrate judge on Monday recommended against approving a settlement in a proposed false-advertising class action over a CVS Pharmacy Inc. algae supplement labeled as "clinically proven" to boost memory, pointing to the lead plaintiff’s close ties with his attorney.

  • May 21, 2018

    Hogan Lovells Advises Adobe On $1.68B Magento Acquisition

    Hogan Lovells said Monday it has guided digital data and content company Adobe Systems Inc. in a deal to acquire e-commerce platform Magento Commerce from global private equity firm Permira in an all-cash $1.68 billion transaction.

  • May 21, 2018

    Dallas Jeweler Says Over-Marketing Destroyed Gem's Value

    Ritzy Dallas jeweler William Noble Rare Jewels LP is seeking millions in damages from a jeweler it was working with whose "continual, desperate, voracious" marketing of a 77.12-carat Angolan yellow diamond referred to as the "Yellow Rose" allegedly drove down the gem’s value.

Expert Analysis

  • Spotlight On EU's Bold New Digital Economy Tax Ideas

    Stefanie Hardy

    As the Organization for Economic Cooperation and Development attempts to craft a new digital services tax, two major concerns are the impact of the tax on U.S. companies operating within the European Union, which are estimated to make up approximately half the companies that would be hit by the tax, and the deterrence of high-tech investment in the EU, says Stefanie Hardy of Nauta Dutilh.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • FDA Notices Show Agency Is All In On Tobacco Regulation

    Paul Cicelski

    In March, the U.S. Food and Drug Administration issued three advanced notices of proposed rulemaking on tobacco, nicotine, flavors in tobacco products and premium cigars. Advertisers and manufacturers of tobacco products seeking to help the FDA craft better, more representative rules must provide comments to the agency by mid-June, says Paul Cicelski of Lerman Senter PLLC.

  • 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.