Retail & E-Commerce

  • May 28, 2020

    PPP Loan Flexibility Passes House; Disclosure Falls Short

    A nearly unanimous House on Thursday approved a bill that would give more time and flexibility to businesses that receive forgivable loans through the Paycheck Protection Program, but Republicans defeated a proposal for public disclosure of all loans over $2 million.

  • May 28, 2020

    Nev. Officials Probe MedMen Exec's Campaign Contributions

    The Nevada secretary of state on Thursday said he is investigating allegations that former MedMen CEO Adam Bierman sought to evade campaign finance laws by pressing a former executive to donate to a Silver State politician.

  • May 28, 2020

    Pharma Cos. Slam Cert. Bid In Diabetes Drug Price-Fixing Suit

    A group of pharmaceutical companies, including Bausch Health Co., has urged a California federal judge not to certify a class of buyers claiming the companies violated federal antitrust law by blocking a generic version of the diabetes drug Glumetza from entering the market.

  • May 28, 2020

    Poultry Cos. Say Crisis Response First, Price-Fix Depos Later

    Chicken producers facing allegations of a sweeping price-fixing conspiracy have pushed back on poultry buyers' bid to get some depositions back underway, arguing they can't adequately prepare witnesses while straining to brace a food supply chain rocked by the pandemic.

  • May 28, 2020

    Coronavirus Litigation: The Week In Review

    A BigLaw firm and the NBA face lawsuits over allegedly delinquent rent payments, House Republicans are suing Speaker Nancy Pelosi over proxy voting amid the ongoing pandemic and Enterprise Rent-A-Car employees say the company should have warned them that mass layoffs were on the horizon. 

  • May 28, 2020

    Pa. Mall Lender Says COVID-19 No Escape From Rent Seizure

    The loan servicer for a Pittsburgh-area shopping center said a major tenant's rent reduction was a valid trigger for diverting all the tenants' rents toward its debt repayment and said the mall couldn't cite the COVID-19 pandemic to get an emergency injunction, according to filings in federal court Thursday.

  • May 28, 2020

    Tech Marketing Co. Raises $50M In Funding Round

    Bluecore, a technology company that helps retailers send personalized marketing emails to consumers, said Thursday it raised $50 million in funding with help from a Canadian growth equity firm.

  • May 28, 2020

    OSHA Tells House Panel It Just Issued First Virus Citation

    The Occupational Safety and Health Administration issued its first coronavirus-related citation "within the last week," the embattled head of the agency told lawmakers Thursday at a marathon House subcommittee hearing on OSHA's virus enforcement — or its alleged lack thereof.

  • May 28, 2020

    Real Estate Rumors: TikTok, Swezy Family, Amazon

    TikTok has reportedly leased 232,000 square feet in New York, Florida investors Lewis and Elizabeth Swezy have allegedly picked up a development site in the state for $4.05 million and Amazon is reportedly opening up a 43,000-square-foot grocery store in Illinois later this year.

  • May 28, 2020

    Deals Rumor Mill: Jio Platforms, Volkswagen, Amazon

    Mubadala and Twitter are separately considering $1 billion investments in Jio Platforms, Volkswagen is on the verge of buying stakes in two Chinese electric vehicle companies and Amazon might purchase self-driving technology startup Zoox. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • May 28, 2020

    Pa. Mall's Tax Assessment Uniformity Challenge Revived

    A Pennsylvania appellate court said Thursday that a Montgomery County school district may have violated the state constitution's requirement of uniform taxation by pushing to reassess a commercial shopping mall but not considering whether residential properties were also under-assessed during the same time period.

  • May 28, 2020

    O'Melveny-Repped Yeti Prices $198M Secondary Offering

    Represented by O'Melveny, heavy-duty cooler manufacturer Yeti said Thursday it was undertaking a secondary share offering raising around $198 million for certain of its shareholders.

  • May 28, 2020

    JC Penney Assures Sale And Reorg Plans Are On Track

    Retailer J.C. Penney Co. told a Texas bankruptcy judge Thursday it is both putting together a plan to split the company into two entities and testing the waters for a sale as it moves toward a mid-July deadline for choosing which path to take out of Chapter 11.

  • May 28, 2020

    NJ Justices Revive Class Action Over Gym 'Initiation Fee'

    The New Jersey Supreme Court on Thursday reinstated a proposed class action against a health club over claims its "initiation fee" violated the state's Retail Installment Sales Act, finding the statute applies to services contracts and does not require such contracts to include a financing arrangement.

  • May 28, 2020

    Macy's Says No Harm, No Suit Over Major Data Breach

    A proposed class of Macy's shoppers cannot show that a 2019 data breach harmed them in any concrete way, the retail giant told a Massachusetts federal judge late Wednesday in a bid to have the case tossed.

  • May 28, 2020

    Arnall, Freshfields Guide $125M PE Buy Of Fintech Co. Vesta

    Private equity firm Goldfinch Partners has agreed to pay $125 million for a majority stake in fintech and fraud protection services provider Vesta, the companies said Thursday, in a deal guided by Arnall Golden and Freshfields.

  • May 27, 2020

    Skechers To Ditch $20M In Exec Awards Under Chancery Deal

    Global footwear company Skechers Inc. and stockholders disclosed a tentative deal Wednesday to settle a derivative suit in Delaware Chancery Court by canceling nearly $20 million in equity awards issued to founder Robert Greenberg and two top officers in 2019 and 2020.

  • May 27, 2020

    Ark. Harvest Health Affiliate Must Drop Name Amid TM Row

    An Arkansas medical marijuana dispensary has won a preliminary injunction in state court blocking a Harvest Health and Recreation affiliate from using "Harvest" in its name, one of the first cases to test enforcement of trademarks in an industry where federal courts offer little relief.

  • May 27, 2020

    NH Gov. Opposes Taxes On Income, Sales Amid COVID-19

    New Hampshire's governor said he would reject any proposals to impose personal income or sales and use taxes to deal with looming revenue shortfalls that could reach $454 million because of the COVID-19 pandemic.

  • May 27, 2020

    Ultra Music Festival Sued For Denying COVID-19 Refunds

    Miami's Ultra Music Festival is the latest event to get sued over its refusal to refund tickets following the cancellation of its March 2020 event due to the COVID-19 pandemic, with a proposed class action filed by two ticketholders in Florida federal court.

  • May 27, 2020

    Dispensary Tells 9th Circ. Pot Biz Tax Law Is Unconstitutional

    California cannabis dispensary Harborside is urging the Ninth Circuit to strike down a clause in the tax code that bars companies like it from taking business deductions, arguing in a brief filed late Tuesday that the clause is unconstitutional.

  • May 27, 2020

    CRT Buyers Hit Back At Bid To Stop $577M Deals At 9th Circ.

    Cathode ray tube buyers are coming out swinging against a "contorted and baseless" challenge to $576.8 million in price-fixing settlements they have cut with manufacturers, telling the Ninth Circuit it can't touch the matter until the deals have been finalized.

  • May 27, 2020

    Feds Urge Govs. To Label Telecom Workers As 'Essential'

    Federal officials are urging governors to recognize certain types of telecom workers as "essential" during the COVID-19 pandemic, to better help them build and maintain the country's communications infrastructure at a time when Americans are relying more than ever on telehealth, telework and distance learning.

  • May 27, 2020

    Hertz Says It Needs Smaller Vehicle Fleet To Survive Pandemic

    Bankrupt car rental giant The Hertz Corp. told a Delaware judge Wednesday that it needs to significantly reduce the number of vehicles in its fleet to accommodate a lower demand for services due to the spread of COVID-19.

  • May 27, 2020

    Pandemic Costs Fla. $880M In April Revenue, Report Says

    Florida tax collections came in almost $880 million below estimates in April as a result of the novel coronavirus pandemic, according to a state economic report that found the health crisis hit sales tax revenue the hardest.

Expert Analysis

  • When Unclear Retail Rent-To-Own Terms Draw FTC Ire

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    The Federal Trade Commission's recent settlement with Progressive Leasing over its failure to clearly disclose rent-to-own prices illustrates the FTC's propensity to seek equitable monetary relief from national advertisers, as well as policy differences between Republicans and Democrats, say John Feldman and Gerry Stegmaier at Reed Smith.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • Tech Will Play Key Role In Real Estate's Road To Recovery

    Excerpt from Lexis Practice Advisor
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    With unprecedented stress on real estate operations due to the COVID-19 crisis, this is a time to reflect on the property technology industry's success in recent years and to recognize how those models can be used to rebuild for the future, say attorneys at Goodwin.

  • Avoiding M&A Deal-Breaking Disputes During A Downturn

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    As the COVID-19 pandemic complicates the valuation of companies involved in mergers and acquisitions, targets and acquirers alike should take several prudent preclosing steps to mitigate the risk of deal-breaking disputes and subsequent litigation, say Ann Gittleman and Jenna O'Brien at Duff & Phelps.

  • Top 5 Wage And Hour Risks To Avoid As Businesses Reopen

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    Employers should use extra caution to sidestep several key wage and hour mistakes as businesses prepare to reopen following the coronavirus crisis and worker classification and Fair Labor Standards Act compliance comes under increased scrutiny, say Kathleen Caminiti and Eric Baginski at Fisher Phillips.

  • Calif. Justices' Ruling Marks Turning Point For Jury Trial Right

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    The California Supreme Court’s holding that unfair competition and false advertising claims don’t need to be tried by a jury in Nationwide Biweekly v. Superior Court creates a framework for analyzing causes of action under other state laws that could steer courts to similar conclusions, says Patrick Hammon at McManis Faulkner.

  • Navigating TM Profits Remedy After High Court Decision

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    The U.S. Supreme Court's recent Romag v. Fossil decision didn't articulate a specific test to determine whether a trademark profits award is appropriate, which will likely have ripple effects on the varying circuit court standards, and litigators will need to keep several considerations in mind, say attorneys at Gibson Dunn.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Steps Borrowers In Commercial Real Estate Must Take Now

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    Many lenders accommodated commercial real estate investors and borrowers with short, multimonth payment deferrals amid the COVID-19 crisis, but these grace periods will end well before the fallout of the pandemic will, and the bank will come knocking, says Katherine Amador at Berger Singerman.

  • FTC Continues To Zero In On Problematic M&A Noncompetes

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    Although noncompete clauses often play a vital role in mergers and acquisitions, they are not immune from antitrust scrutiny — exemplified by three recent Federal Trade Commission challenges, say Joel Grosberg and Lisa Rumin at McDermott.

  • Preparing For A Deluge Of COVID-19 Whistleblower Claims

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    Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.

  • A Guide To Evaluating And Advertising COVID-19 Products

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    As businesses evaluate products claiming to make workplaces safer during the pandemic, or look at marketing such products themselves, they should be aware of the highly regulated world of disease prevention claims if they wish to avoid enforcement and private litigation, say attorneys at Crowell & Moring.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Traps For The Unwary In Class Actions Targeting PPP Lenders

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    Recent class actions challenging how lenders prioritized Paycheck Protection Program applications or alleging failure to pay agent fees to those facilitating loan applications may be based on the flimsiest of legal theories, however risks still exist, as we saw earlier this month in a Michigan federal court decision, say Richard Gottlieb and Brett Natarelli at Manatt.

  • CCPA Is 1 Of Many Retailer Data Privacy Class Action Worries

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    As class actions targeting the sale of consumer data pose an increasing threat to retailers under the California Consumer Privacy Act and other states’ consumer protection laws, companies must ensure compliance with each statute and assess their vulnerability to deceptive conduct allegations, say Stephanie Sheridan and Meegan Brooks at Steptoe & Johnson.

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