Retail & E-Commerce

  • March 27, 2017

    RadioShack Unsecured Creditors Balk At Lender Cash Terms

    The newly minted unsecured creditors committee in the bankruptcy case for RadioShack's parent took issue Monday with several elements of the case, such as terms for the use of lender cash and a lack of clarity on the process for liquidating stores, as well as how many are set to close.

  • March 27, 2017

    Dial Customers Win Cert. In Antibacterial Soap False Ad MDL

    Consumers alleging The Dial Corp. misled shoppers with antibacterial hand soap advertising won certification in multidistrict litigation Monday when a New Hampshire federal judge who previously rejected their motion signed off on a new damages calculation method.

  • March 27, 2017

    Wal-Mart Escapes $70M Suit With Judge’s Restaurant Ruling

    A New York federal judge has thrown out a putative class action against Wal-Mart Stores Inc. over a potentially $70 million claim involving uniform upkeep, ruling that the ex-employee who brought the suit didn’t work in the store’s deli department, which doesn’t qualify as a restaurant anyway.

  • March 27, 2017

    NJ Dealership Can't Force Arbitration Over Refund Refusal

    A New Jersey car dealership can’t use an arbitration clause in a service plan to bar a parking lot operator from filing a class action over the dealership’s refusal to refund a policy that does not cover repairs for commercial vehicles, a state appellate court ruled Monday, finding the agreement isn’t written clearly enough to be enforceable.

  • March 27, 2017

    Wal-Mart Fights Sanctions Bid In Mexican Bribes Discovery Rift

    Wal-Mart Stores Inc. asked an Arkansas federal judge on Friday to reject an investor's request that it be sanctioned for allegedly failing to comply with a discovery order in a suit over bribery in its Mexican unit, saying the plaintiff's line has "no support beyond its own desire to impose costs on Wal-Mart."

  • March 27, 2017

    Emaar Malls Lobs $800M Bid For Reported Amazon Target

    Dubai, United Arab Emirates-based shopping mall owner and operator Emaar Malls Group LLC said Monday it has offered $800 million to buy, an online retailer and marketplace, a week after e-commerce giant Inc. reportedly inked a deal for the business.

  • March 27, 2017

    Longfellow Nabs $78M Loan From Citizens Bank, Capital One

    Citizens Bank NA and Capital One Financial Corp. have loaned $77.5 million to Longfellow Real Estate Partners LLC for a technology-focused office project that will include restaurant and retail components, according to a release Monday from borrower-side broker Holliday Fenoglio Fowler LP.

  • March 27, 2017

    Judge OKs Abercrombie's $700K Deal In Worker Seating Suit

    A California federal judge has approved Abercrombie & Fitch Store Inc.’s $700,000 deal to end claims that it violated the state’s Private Attorneys General Act by failing to provide its workers with seats, saying that although the deal is “significantly below” the statutory maximum PAGA penalty, it’s still fair.

  • March 27, 2017

    Dean Foods, Food Lion Settle Antitrust Suit On Trial's Eve

    Just days before a trial was set to begin, Food Lion LLC agreed to dismiss claims that Dean Foods Co. participated in a conspiracy to to limit competition for dairy products after the parties reached a settlement, according to court documents filed Sunday.

  • March 27, 2017

    Tempur Sealy Hid Issues With Mattress Retailer, Investors Say

    Tempur Sealy International Inc. investors launched class allegations in Manhattan federal court Friday that the mattress manufacturer misled shareholders before its relationship with the largest U.S. mattress retailer dissolved.

  • March 27, 2017

    Sullivan Worcester Reps SNH On $261M Property Stake Sale

    Sullivan & Worcester LLP represented Senior Housing Properties Trust in connection with its $261 million sale, through a new joint venture, of a stake in two Boston life sciences and retail buildings to an unnamed sovereign institutional investor, according to an announcement on Monday from SNH.

  • March 27, 2017

    Glassdoor Can't Ditch Retailer's Row Over Bad Reviews

    A Texas appellate court refused on Friday to dismiss a suit seeking to force job review website Glassdoor Inc. to reveal who posted allegedly defamatory reviews of a Dallas-based online lingerie retailer, rejecting Glassdoor’s argument the reviews are opinions protected by the First Amendment.

  • March 27, 2017

    Wells, Goldman Provide $150M CMBS Loan For NYC Property

    Wells Fargo and Goldman Sachs have provided a $150 million commercial mortgage-backed securities loan to a venture of BLDG Management and Crown Acquisitions for an office and retail property in Midtown West, broker Meridian Capital Group announced on Friday.

  • March 27, 2017

    Justices Won't Hear $7.25B Visa, MasterCard Fee Deal Appeal

    The U.S. Supreme Court has turned down a bid by big banks and retailers to revive a $7.25 billion class action antitrust settlement with Visa and MasterCard over interchange fees, leaving in place a Second Circuit ruling that the deal did not adequately represent the interests of some merchants.

  • March 24, 2017

    IRS Must Rethink Transfer Pricing Cases After Amazon Loss

    The Internal Revenue Service's blistering loss in a $1.5 billion transfer pricing dispute with Amazon has experts calling for a re-examination of the agency's valuation methodologies in order to prevent it from wasting its own resources and those of taxpayers.

  • March 24, 2017

    IBM Urges Justices To Review Michigan’s Exit From Tax Deal

    IBM on Friday slammed the Michigan Department of Treasury’s claim that its backdated withdrawal from a multistate tax deal was not retroactive but rather a clarification of existing law, saying in a brief to the U.S. Supreme Court that the Michigan Legislature explicitly acknowledged it was acting retroactively when it repealed the deal.

  • March 24, 2017

    BCBG Fights Founder, Wife Over Job Termination In Ch. 11

    Bankrupt women's apparel company BCBG Max Azria Group Inc. on Friday said it should be permitted to avoid making an approximately $7 million golden parachute payment to Lubov Azria, the company’s former chief creative officer and wife of founder Max Azria, calling it a “sound exercise of business judgment.”

  • March 24, 2017

    9th Circ. Nixes Ruling That 'Red Gold' TM Is Generic

    The Ninth Circuit on Friday revived a California jeweler’s trademark lawsuit against Louis Vuitton Moet Hennessy Inc. over the term “red gold,” tossing out a trial judge’s decision that the phrase is generic.

  • March 24, 2017

    Sales Rep To Serve 70 Months For $13M Oxycodone Scheme

    A Florida federal judge on Friday sentenced a former pharmaceutical salesman to nearly six years in prison for participating in a $13 million money laundering scheme involving more than 2 million oxycodone pills, helping to secure a steady supply for pain clinics by falsely telling wholesalers that they weren’t pill mills.

  • March 24, 2017

    Instacart Delivers $4.6M To Escape Labor Suit

    The grocery delivery service Instacart has reached a $4.63 million settlement resolving proposed class action claims that the tech company misclassified its shoppers as independent contractors when they were actually employees so the company didn’t have to pay minimum wages or overtime, according to court documents filed in Los Angeles Superior court.

Expert Analysis

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Liability Of Premises Owners In The Age Of Social Media

    Douglas Pfeiffer

    When social media is used to broadcast or coordinate the details of planned and potentially criminal conduct — such as looting stores or starting fights — what legal responsibility does a premises owner have to an invitee injured by the resulting criminal action? Businesses will not be able to avoid liability by willfully ignoring social media, say Douglas Pfeiffer and Joshua Kahn of Miles & Stockbridge PC.

  • Plaintiffs Continue To Target Retail Text Programs

    Michael P. Daly

    One of the most vocal critics of the Federal Communications Commission’s 2015 Telephone Consumer Protection Act ruling was now-Chairman Ajit Pai, and his predictions have been borne out. Amid the millions of consumers shopping for goods and services is a small but steadily growing number of plaintiffs shopping for something else — a class action seeking staggering statutory damages, say Michael Daly and Meredith Slawe of Drinker Bi... (continued)

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • A Gorsuch Decision In Favor Of Federal Jurisdiction

    Forrest Latta

    U.S. Supreme Court nominee Neil Gorsuch's legal path has adhered closely to waypoints of originalism and conservatism in his career. But judicial conservatism and political conservatism do not always follow parallel paths. A recent example is Gorsuch’s opinion for the Tenth Circuit in Hammond v., favoring federal removal jurisdiction despite concerns of federalism and state authority, says Forrest Latta of Burr & Forman LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • 4th Circ. Joint Employer Test Is Incredibly Broad

    Kurt G. Larkin

    The Fourth Circuit’s recent panel decision in Salinas v. Commercial Interiors, which creates an altogether new and incredibly broad joint employment standard under the Fair Labor Standards Act, makes the National Labor Relations Board’s Browning-Ferris joint employment standard seem temperate at best, say Kurt Larkin and Ryan Glasgow of Hunton & Williams LLP.

  • Something In The Water: Product Claims Get Creative

    Alexis Kellert

    Two plaintiffs recently filed a complaint in the Northern District of California against the Craft Brew Alliance, alleging the company engaged in deceptive advertising to mislead consumers into purchasing beer based on a perception that the products are brewed in Hawaii. The defense bar may have to increase its own creativity to fend off such lawsuits, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)