Retail & E-Commerce

  • February 17, 2017

    Ex-HD Supply Managers Sue In Chancery Over Stock Awards

    Two high-ranking employees of HD Supply Holdings Inc.’s former Power Solutions unit launched a class action in Delaware Chancery Court late Thursday claiming their stock compensation did not fully vest as promised when the subsidiary was sold to Anixter International Inc.

  • February 17, 2017

    Shopper Says Nordstrom Misleadingly Advertises Sales

    After one too many shopping trips at Nordstrom allegedly ended with the clothing retailer not delivering on its promise of certain advertised prices, an Alaska woman took action with a lawsuit on Thursday in federal court accusing the company of fraud.

  • February 17, 2017

    Ex-Workers Want Info From T-Mobile Retailer In Wage Suit

    Two former sales representatives bringing a proposed class action wage suit against a T-Mobile retailer with more than 250 locations asked an Illinois federal court Friday to force the company to cough up information relevant to their discovery requests and sanction it for dragging its feet on doing so.

  • February 17, 2017

    Scholastic Loses $3.3M Georgia Sales Tax Dispute

    Scholastic Inc.'s book clubs unit is still on the hook for $3.3 million in taxes and penalties after the Georgia Tax Tribunal found the company has too much of a “nexus” to the state to argue the commerce clause's reservations for interstate commerce safeguard it from local sales taxes.

  • February 17, 2017

    EEOC Says Conciliation Info From Dollar General Must Go

    The U.S. Equal Employment Opportunity Commission asked an Illinois federal court on Thursday to strike a sealed document referencing the presuit confidential conciliation process, arguing that placing it in the record during a suit alleging the company’s background checks were racially discriminatory jeopardized the commission’s ability to conduct frank discussions.

  • February 17, 2017

    Real Estate Rumors: Citizens Bank, Peloton, Opus 3 Artists

    Citizens Bank has reportedly loaned $65 million for a mall project near Des Moines, Iowa; Peloton Land Solutions is said to have leased 11,000 square feet in Fort Worth, Texas; and Yo-Yo Ma's agent Opus 3 Artists has reportedly extended its lease on Park Avenue in New York.

  • February 17, 2017

    Wyo. Advances Bill To Fight Restrictions On Online Sales Tax

    The Wyoming Senate has approved a remote sales tax collection measure designed to challenge a 1992 U.S. Supreme Court decision requiring retailers to have a physical presence in a state to collect transaction taxes.

  • February 17, 2017

    Under Armour Hid Sports Authority Ch. 11's Impact, Suit Says

    Athletic gear maker Under Armour Inc. was slapped with a shareholder suit in Maryland federal court Thursday accusing the Baltimore-based company of concealing the impact of Sports Authority's bankruptcy from investors in order to artificially inflate its stock price.

  • February 17, 2017

    Merck Settles Long-Running Pay-For-Delay Suit

    Merck & Co. Inc. and Upsher-Smith Laboratories Inc. have told a New Jersey federal court they have settled their long-running MDL accusing them of pay-for-delay over the potassium supplement K-Dur.

  • February 17, 2017

    Wet Seal Landlords Say Cash Use Budget Doesn't Cover Rent

    Landlords holding leases for stores operated by bankrupt clothing retailer The Wet Seal LLC objected Friday in Delaware bankruptcy court to the company’s proposed use of cash collateral, which would not cover rent while the company conducts store closing sales through February.

  • February 17, 2017

    $6M DIP Approved For The Limited, Ahead Of Tuesday Auction

    A Delaware bankruptcy court on Thursday gave ailing women’s clothing retailer The Limited Co. LLC the green light for a $6 million debtor-in-possession financing package, just days before a bankruptcy auction scheduled for Feb. 21.

  • February 17, 2017

    CapitaLand Inks $437M Deal For Tokyo Property Portfolio

    Singaporean real estate company CapitaLand Ltd. on Friday said that it has agreed to purchase a portfolio of office and retail buildings in and around Tokyo for 620.1 million Singapore dollars ($436.8 million), increasing its footprint in the region.

  • February 17, 2017

    Sears Denied Dismissal Of Suit Over Text 'Bombardment'

    A New Jersey federal judge on Thursday declined to dismiss a proposed class action claiming Sears Holding Corp. bombarded consumers with automated promotional text messages in violation of the Telephone Consumer Protection Act, finding that the claims were sufficient to be heard by the court.

  • February 16, 2017

    Founder Of BlueHippo, Itself Underwater, Files For Ch. 7

    The former CEO of now-defunct BlueHippo Funding LLC filed for personal Chapter 7 bankruptcy in Florida on Wednesday, two days before he was required to respond to a motion to hold him in contempt for failing to pay $13.4 million for violating an order that his company cease deceptive practices.

  • February 16, 2017

    Dollar General Broke Law By Not Paying OT, Ex-Worker Says

    The former manager of an Alabama-based Dollar General hit the company's owner with a lawsuit Thursday claiming it broke federal labor laws by exempting her from overtime pay and then routinely making her work more than 90 hours a week.

  • February 16, 2017

    Mo. High Court Rules Fla. Telecom Co. Liable For Sales Tax

    A Florida-based telecommunications company lost its bid for a partial refund of sales taxes in Missouri when the Supreme Court of Missouri ruled that the company had failed to prove that its retail sales in the state were exempt from sales tax.

  • February 16, 2017

    PTAB Says Insurance Cos. Estopped In IV IPR Challenge

    The Patent Trial and Appeal Board said Wednesday the inter partes review estoppel provision barred a pair of insurance companies from challenging several invalidated claims in an Intellectual Ventures II LLC e-commerce patent in an America Invents Act review.

  • February 16, 2017

    Wash. High Court Rebuffs Florist's Same-Sex Objections

    A Washington florist who refused to serve a same-sex wedding, citing religious objections, violated state anti-discrimination laws and is not protected by the First Amendment, the Washington Supreme Court unanimously ruled Thursday.

  • February 16, 2017

    Gas Station Chain Sues NJ Over Fuel Price Law

    Gas station chain Speedway LLC has filed a lawsuit alleging New Jersey’s law prohibiting below-cost vehicle fuel sales is unconstitutional because it violates the common-law right to sell goods at any price upon which the retailer and purchaser agree.

  • February 16, 2017

    UK Competition Warnings Down Slightly From Last Year

    The U.K.’s competition watchdog sent out 63 warning letters last year over suspected violations, down from 85 the year before, but it issued nearly three times as many advisory letters than in 2015, with resale price maintenance issues being a common theme, according to statistics made available on Wednesday.

Expert Analysis

  • Illinois Biometrics Legislation Sets Trend

    Kathryn E. Deal

    Litigation under Illinois’ Biometric Information Privacy Act has included putative class actions against corporate defendants ranging from some of the largest social media and technology companies to a daycare center. Now the Connecticut, New Hampshire, Washington and Alaska legislatures have also proposed bills that would regulate the collection, retention and use of biometric data, say attorneys with Drinker Biddle & Reath LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • What You Need To Know About 'Unrestricted Subsidiaries'

    Michael Friedman

    Investments in “unrestricted subsidiaries” are an exception to investment covenants and are being increasingly used in restructuring a company’s capital structure. Before purchasing any debt, distressed investors need to be mindful of what unrestricted subsidiaries are and how they may affect the overall credit of a company or debt recoveries, say attorneys with Chapman and Cutler LLP.

  • Series

    10 Years Of MedImmune: What Trademark Owners Learned

    James E. Griffith

    Despite initial worries from practitioners, the U.S. Supreme Court's decision 10 years ago in MedImmune has provided greater predictability as to the circumstances that will warrant declaratory judgment jurisdiction, allowing trademark owners to make informed decisions about their enforcement strategies, say James Griffith and Michelle Bolos of Marshall Gerstein & Borun LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.

  • The Latest On Managing Workplace Mental Health Issues

    Linda B. Dwoskin

    The U.S. Equal Employment Opportunity Commission recently issued a resource document explaining workplace protections for individuals who suffer from mental health conditions. The publication alerts employers of the need to understand and appreciate an employee’s legal rights as well as their obligations to provide a host of reasonable accommodations, say Linda Dwoskin and Melissa Bergman Squire of Dechert LLP.