Retail & E-Commerce

  • May 23, 2017

    Del. High Court Upholds Dismissal Of Books-A-Million Suit

    The dismissal of an investor class action alleging the directors of Books-A-Million Inc. acted in bad faith when they approved a take-private bid by the company’s controlling stockholder will stand after the Delaware Supreme Court upheld the decision Monday.

  • May 23, 2017

    Fed. Circ. Upholds Amazon’s Knockoff Pillowcase IP Win

    The Federal Circuit on Tuesday affirmed a district court decision that Amazon didn’t infringe design patents on stuffed animal pillowcases, saying the online commerce giant provided an online platform for third-party vendors to sell the items so it cannot be held liable for selling the allegedly infringing items itself.

  • May 23, 2017

    Wal-Mart Pushes Court To Protect Bribe Investigators’ Notes

    Wal-Mart Stores Inc. has asked an Arkansas federal judge to halt investors’ efforts to question two of its investigators who looked into rampant bribery in its Mexican unit, saying it would seek an emergency intervention by the Eighth Circuit to keep their privileged reports under wraps.

  • May 23, 2017

    $30M Rx Service Investor Double-Crossed, Suit Says

    A hedge fund veteran accused two brothers in New York federal court Tuesday of duping him out of his $30 million stake in a booming prescription service, saying the pair exploited his venture capital reputation while fraudulently reselling the promised shares behind his back.

  • May 23, 2017

    Forever 21 Rips Puma's 'Anti-Competitive Intent' In Shoe Spat

    Facing a potential preliminary injunction over allegedly infringing shoes, clothing chain Forever 21 blasted Puma SE for using “speculation and conclusory statements” in an effort to “shut down legitimate competition.”

  • May 23, 2017

    2nd Circ. Dumps Sales Tax Row Over Dunkin' Donuts' Coffee

    Dunkin’ Donuts customers who allege the coffee chain illegally imposed a surcharge in the guise of a sales tax can’t litigate their proposed class action in federal court and must apply for a refund through administrative channels instead, the Second Circuit ruled on Tuesday.

  • May 23, 2017

    Delivery Agent To Convert Bankruptcy To Ch. 7

    Bankrupt online retail club Delivery Agent Inc. agreed Tuesday in Delaware to convert its case to a Chapter 7 liquidation by month's end as the debtor continues negotiations for a settlement with the purchaser of Delivery Agent assets.

  • May 23, 2017

    Judge Greenlights Merck's $60M Deal In Pay-For-Delay MDL

    A New Jersey federal judge on Tuesday gave his preliminary approval to a $60.2 million settlement among Merck & Co. Inc., Upsher-Smith Laboratories Inc. and direct purchasers of the potassium supplement K-Dur, which will end long-running multidistrict litigation accusing the drug companies of engaging in a pay-for-delay scheme.

  • May 23, 2017

    Nike Retail Fights Remand Bid In Calif. Wage Dispute

    Nike Retail Services Inc. urged a California federal judge to reject a worker's bid to remand class allegations that Nike took money from employee paychecks to cover required uniforms, arguing Monday that the worker has not proven that under $5 million is in controversy.

  • May 23, 2017

    Biz Execs Spar Over Border-Adjusted Tax At House Hearing

    Current and past executives at Target, Walmart and ADM on Tuesday squared off against one another during a hearing on the proposed border-adjusted tax on Capitol Hill, offering sharply different takes on whether the most controversial part of the GOP’s tax plan would encourage American manufacturing or simply drive up the costs for consumer goods.

  • May 23, 2017

    Target Pays $18.5M To Settle States' Probe Over 2013 Breach

    Target has reached an $18.5 million settlement with 47 states and the District of Columbia to resolve the states’ investigation into the company’s 2013 data breach — the largest multistate data breach deal ever reached, according to a statement by multiple states’ attorneys general on Tuesday.

  • May 22, 2017

    Class Calls AutoZone Parts Case 'Simple' Enough For Cert.

    A putative class of AutoZone consumers suing over the sale of 40,000 allegedly defective and dangerous timing-chain tensioners for Chrysler V-6 engines hit back at the retailer and its supplier on Friday, accusing AutoZone and parts manufacturer S.A. Gear Co. Inc. of falsely representing facts in response to a motion for class certification.

  • May 22, 2017

    Texas ‘Gentlemen’s’ Club Suit Blasts Raid Over Latex-Wear

    An El Paso “gentlemen’s club” sued the Texas Department of Public Safety on Monday in federal court, alleging that law enforcement officers stormed the venue to see if the club and its latex-wearing dancers were trying to skirt state taxes imposed on nude entertainment.

  • May 22, 2017

    Retroactive Tax Laws Muddying Businesses’ Future Decisions

    The U.S. Supreme Court’s refusal to review seven cases challenging the backdated application of amended state tax laws leaves businesses in the precarious position of not being able to confidently structure their operations based on either current statutes or earlier court victories.

  • May 22, 2017

    RetailMeNot Investors Sue In Del. For $630M Merger Data

    Investors in RetailMeNot Inc. aimed a Delaware Chancery Court books and records demand at the online coupon company’s proposed, $630 million merger with direct mail and marketer Harland Clarke Holdings Corp. late Monday.

  • May 22, 2017

    Agent Provocateur Seeks $200K Loan From Prospective Buyer

    The bankrupt U.S. subsidiaries of high-end British lingerie company Agent Provocateur asked a New York bankruptcy court Friday for permission to take out a $200,000 debtor-in-possession loan from a prospective buyer to overcome any bumps on the road to the sale.

  • May 22, 2017

    Justices Asked To Weigh Amazon's Alice Win In IP Suits

    A Missouri-based software company has asked the U.S. Supreme Court to hear its case alleging that web giant Amazon Inc. has been infringing patents covering computer processing after the Federal Circuit invalidated the asserted patents as abstract under the Alice standard.

  • May 22, 2017

    Stolen Trade Secrets Cost Pharmacy $2M Per Month, Suit Says

    A New Jersey-based pharmacy is unlawfully using trade secrets and confidential information provided by the former employees of one of its competitors, costing the competitor more than $2 million per month in lost patients and physician referral sources, according to a suit filed Monday in federal court.

  • May 22, 2017

    Shop Owners Move To Keep $1.8M Dress Seizure Suit Intact

    The owners of a defunct Texas bridal shop have hit back against the U.S. government’s efforts to trim their $1.8 million lawsuit alleging that the IRS hastily auctioned their business’ wedding dress inventory, which amounted to their life savings, saying their claims have enough detail to survive dismissal.

  • May 22, 2017

    Davis Wright Lands Leading Privacy and Marketing Lawyer

    A seasoned counselor with years of experience helping steer clients through the intersection between marketing, privacy and consumer protection laws and regulations has joined Davis Wright Tremaine LLP’s advertising, marketing and promotions practice as a partner, the firm said Friday.

Expert Analysis

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • DMCA 2.0: A Potential Shift In Safe Harbor Jurisprudence

    Scott Sholder

    For nearly a decade, the most heavily litigated Digital Millennium Copyright Act “safe harbor​" issue has been the level of an ​internet service provider​’s knowledge of infringement​. But ​courts and litigants are starting to debate who constitutes a “user” and when the storage of infringing material is “at the direction” of a use​r, says Scott Sholder of Cowan DeBaets Abrahams & Sheppard LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Don't Overlook The 1st Amendment In Labeling Litigation

    Michael Mueller

    Arguing that the First Amendment provides protection for product labeling is far from a slam dunk. But recent cases in Florida, Vermont and the District of Columbia highlight that, depending on the jurisdiction in which claims are brought, product suppliers and retailers may be able to defend their advertising and labeling practices on constitutional grounds, say attorneys with Hunton & Williams LLP.

  • Calif. High Court (Mostly) Clarifies Rest Day Rules

    Robin Largent

    While the California Supreme Court's recent opinion in Mendoza v. Nordstrom clarified some issues relating to California's day of rest requirements, it also left an important question unanswered, says Robin Largent of Carothers DiSante & Freudenberger LLP.

  • Data Breach Class Actions: Addressing Future Injury Risk

    Robert Kriss

    The Eighth Circuit's opinion in the data breach litigation against Target Corporation raises questions that could affect the finality and cost of settlements and, accordingly, whether and how a data breach class action can be settled, say Robert Kriss and Jerel Dawson of Mayer Brown LLP.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • What US Cos. Must Know About EU E-Commerce Rules: Part 2

    Enzo Marasà

    U.S.-based companies distributing their products online or setting up e-retail platforms in the EU must pay particular attention to how they select online distribution partners, as well as what type of sales restrictions they impose or agree to, if they want to avoid legal trouble, says Enzo Marasà of Portolano Cavallo.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • What US Cos. Must Know About EU E-Commerce Rules: Part 1

    Enzo Marasà

    U.S.-based manufacturers and retailers who want to sell in the EU face legal challenges in selecting and controlling their distribution networks, particularly with regard to online sales. All stakeholders must understand the restrictions imposed by Article 101 of the Treaty on the Functioning of the European Union, which prohibits anti-competitive agreements, says Enzo Marasà of Portolano Cavallo.