Retail & E-Commerce

  • June 26, 2017

    9th Circ. Reverses Decision In Ex-Neiman Worker's ADA Suit

    A Ninth Circuit panel on Monday reversed a lower court’s ruling that rendered moot an ex-Neiman Marcus employee’s long-running case alleging he was fired for bringing claims under the Americans with Disabilities Act, ruling that nominal damages could have been awarded after he fought off an arbitration agreement. 

  • June 26, 2017

    Donna Karan, Consumers Spar Over FACTA Ruling

    Donna Karan Co. LLC and consumers suing the women’s clothing company for alleged violations of the Fair and Accurate Credit Transactions Act each asked the Second Circuit to agree with their arguments Friday, both saying the U.S. Supreme Court’s Spokeo decision supports a ruling in their favor.

  • June 26, 2017

    The Supreme Court Term By The Numbers

    Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.

  • June 26, 2017

    The Firms That Won Big At The Supreme Court

    One firm went undefeated at the U.S. Supreme Court this term. Another built on last year’s winning streak. And some high court powerhouses took their lumps. Here, Law360 breaks down how the firms most frequently seen at oral arguments performed this term.

  • June 26, 2017

    IP Cases Led The Pack In High Court Amicus Briefs

    Intellectual property cases took four of the top 10 spots on Law360's ranking of the U.S. Supreme Court cases that attracted the most amicus briefs this term, as disputes involving issues like patent exhaustion and offensive trademarks each generated dozens of amicus filings.

  • June 26, 2017

    4 Cos. Bolster IPO Pipeline With Filings Totaling $296M

    Four companies represented by four law firms filed initial public offerings totaling $296 million on Friday, including a yoga studio owner, a pet health products company and two biotechnology firms, bolstering an IPO pipeline that is heating up at the onset of summer.

  • June 26, 2017

    Central Grocers Announces Liquidation Of Food Inventory

    A pair of liquidators announced Monday that $20 million in food inventory is being sold off at the Illinois headquarters and distribution center of Central Grocers Inc., a grocery chain and cooperatively owned wholesaler being wound down and liquidated under Chapter 11 bankruptcy.

  • June 26, 2017

    Judge Scolds Counsel For Emails In Faulty Engine Parts Suit

    An Illinois federal judge on Friday put her own spin on Sen. Mitch McConnell’s, R-Ky., now infamous rebuke of Sen. Elizabeth Warren, D-Mass. — "nevertheless, she persisted" — when she scolded attorneys representing AutoZone consumers in a proposed class action over allegedly defective Chrysler engine parts for sending unwanted emails.

  • June 26, 2017

    Russian Billionaire Buys UK Health Giant For $2.26 Billion

    An investment company owned by a Russian billionaire has purchased Britain’s largest health and wellness chain for £1.77 billion ($2.26 billion).

  • June 26, 2017

    Couche-Tard Wins FTC OK On $4.4B CST Buy With Store Sales

    Canada’s retail and convenience store operator Alimentation Couche-Tard Inc. on Monday won approval from the Federal Trade Commission for its $4.4 billion plan to acquire CST Brands Inc. with an agreement to sell 70 stations in the U.S. to ease the agency’s antitrust concerns.

  • June 26, 2017

    Alibaba-Backed Logistics Co. Best Files $750M IPO

    Best Inc., a Chinese logistics company backed by e-commerce giant Alibaba Group Holdings Ltd. that seeks to capitalize on China’s booming online retail market, on Monday filed a $750 million U.S. initial public offering, guided by Simpson Thacher & Bartlett LLP.

  • June 26, 2017

    Grubhub Hit With Class Action Over Delivery Prices

    A Chicago man filed a proposed class action against food delivery app GrubHub Inc. in Illinois county court on Friday, claiming the company advertises restaurants’ delivery fees at a lower price than what they ultimately charge when the customer places an order.

  • June 26, 2017

    High Court Won't Hear Amazon's Alice Win On Processing IP

    The U.S. Supreme Court refused to review a Missouri-based software company’s case against the web giant Amazon Inc. on Monday after the Federal Circuit invalidated two patents related to computer processing as abstract under Alice.

  • June 23, 2017

    Ivanka Trump To Be Deposed In Italian Shoe Trade Dress Suit

    Ivanka Trump must sit for a deposition in a dispute with an Italian shoe company accusing her brand of copying its design for a high-heeled suede sandal, a New York federal judge said Friday.

  • June 23, 2017

    Urban Outfitters Seeks Quick Exit From Coachella TM Suit

    Urban Outfitters Inc. asked a California federal court Thursday to dismiss it from a trademark lawsuit brought by Coachella Music Festival, arguing the relevant allegations of stolen intellectual property are aimed solely at its co-defendant and subsidiary Free People.

  • June 23, 2017

    Exxon Not Liable For Workplace Fight Death: Texas Justices

    The Texas Supreme Court on Friday reversed a nearly $2 million jury verdict holding Exxon Mobil Corp. partly liable for a workplace fistfight that led to the death of an employee’s father, saying though the Texas judiciary does not have a formal framework for weighing an employer’s duty to control its workers, Exxon had no duty here.

  • June 23, 2017

    Sears Seeks New Judgment After $6M Verdict In Wrench Suit

    Sears Holdings Corp. and Apex Tool Group LLC asked an Illinois federal judge Thursday to overturn a jury’s $6 million patent verdict against them, claiming the jury made an emotion-fueled decision unmoored by the law.

  • June 23, 2017

    Bloomingdale’s Takes Iskanian Challenge To High Court

    Bloomingdale’s has urged the U.S. Supreme Court to review the precedent set by California's high court in its landmark Iskanian ruling, which held that claims under the state's Private Attorneys General Act can’t be waived in employment arbitration deals, saying it created an “enormous loophole” in federal arbitration law.

  • June 23, 2017

    House Dem Wants Info On Fintech Small-Biz Lending

    A Democratic lawmaker on Friday asked several online small-business lenders to provide information about their lending practices, as part of an investigation into potential discrimination against minority-owned businesses.

  • June 23, 2017

    Bankrupt BCBG Seeks Go-Ahead For $131M Asset Sale

    BCBG Max Azria Group LLC asked a New York bankruptcy court Friday to approve a $131 million sale of intellectual property, stores and other assets, with a hearing for the clothing retailer's Chapter 11 plan slated for next month.

Expert Analysis

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    What law firms should be learning from a number of recent surveys is that they will not be able to rely on the never-ending flood of associate candidates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Series

    Leegin's 10-Year Checkup: State RPM Rules Vs. Federal Rule

    Michael Lindsay

    Experienced practitioners swiftly recognized a practical barrier to implementing a national program of resale price maintenance agreements under Leegin’s more permissive approach — the antitrust laws of 50 states. The last decade has largely confirmed those initial reactions, say Michael Lindsay and Matthew Ralph, who lead Dorsey & Whitney LLP's antitrust practice.

  • State AGs Responding To Trump Policies: 3 Areas To Watch

    Michael Rossetti

    The federal government’s unfolding enforcement priorities have galvanized state attorneys general into action. We expect this trend to continue, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Patent Exhaustion Ruling Will Affect Many Industries

    Mark Baghdassarian

    The U.S. Supreme Court’s recent expansion of the patent exhaustion doctrine in Impression Products v. Lexmark raises potentially far-reaching implications that may range from lower prices for consumer products and lower profitability for companies, to higher prices for consumer products and higher profitability for companies, say Mark Baghdassarian and Friedrich Laub of Kramer Levin Naftalis & Frankel LLP.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Indian Tribes And The CFPB Are Unnecessary Adversaries

    Saba Bazzazieh

    While the Consumer Financial Protection Bureau has disregarded sovereignty since its creation, the problem has recently reached an all-time high. The CFPB v. Golden Valley case is merely the latest in a series of actions that demonstrate the bureau's mistreatment of tribal governments, says Saba Bazzazieh of Rosette LLP.

  • Series

    Leegin's 10-Year Checkup: RPM Rule Breeds Inconsistency

    Melissa Maxman

    The U.S. Supreme Court's 2007 Leegin decision aimed to loosen resale price maintenance restrictions on manufacturers, recognizing that such restrictions often come at the expense of competition at the manufacturer level. But much unpredictability and confusion have followed, say Melissa Maxman, Ronald Wick and Lara Kroop Delamarre of Cohen & Gresser LLP.

  • June Brought A Flurry Of Employment Law Developments

    Adam Primm

    In the past few weeks, the U.S. Department of Labor, under new Labor Secretary Alexander Acosta, has moved to dismantle a series of Obama administration rules and guidance regarding employment regulation. Adam Primm and Peter Kirsanow of Benesch discuss what employers should know about these recent developments.

  • Contract Challenges With Selling 'Dualed' Auto Dealerships

    Sara Decatur Judge

    A Virginia federal court's recent decision in Volvo Group North America v. Truck Enterprises highlights how a factory right of first refusal can directly impede the sale of dealerships that have multiple franchises operating from the same dealership location, says Sara Decatur Judge of Burns & Levinson LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.