Retail & E-Commerce

  • January 20, 2017

    Jimmy Choo To Pay $2.5M To Settle Receipt Data Privacy Row

    Luxury shoe brand Jimmy Choo has agreed to fork over $2.5 million to settle a proposed class action accusing it of putting consumers at risk of identity theft by printing sensitive data on credit card receipts, according to documents filed in Florida federal court Friday.

  • January 20, 2017

    Costco Secures Workers' Class Decertification At 9th Circ.

    A class of workers in a long-running labor law violation case against Costco Wholesale Corp. was rightfully decertified because their circumstances around any allegedly unpaid work varied too much to be litigated together, a Ninth Circuit panel said on Friday.

  • January 20, 2017

    Canada Sues HarperCollins, Settles With Others On E-Books

    Canada’s Competition Bureau announced Friday that it has reached settlements with Apple, Hachette, Macmillan and Simon & Schuster ending its price-fixing allegations and allowing Canadian retailers to offer discounts on e-books by those publishers, but is taking HarperCollins to court over its alleged price-fixing.

  • January 20, 2017

    Home Depot Escapes Whirlpool Energy Star Label Row

    A New York federal judge on Thursday freed Home Depot from a lawsuit attempting to hold the company liable, as Whirlpool's agent, for selling washing machines that Whirlpool allegedly falsely labeled as energy-efficient, ultimately ruling any breach of warranty claims are not Home Depot’s fight.

  • January 20, 2017

    Buyers, Lowe's Settle Flooring Formaldehyde Class Action

    A putative class of consumers has settled claims accusing Lowe's Home Centers and Armstrong Flooring of selling laminate flooring with dangerous levels of formaldehyde, according to papers filed Friday.

  • January 20, 2017

    Mitsubishi To Pay $75M To End Direct Buyers' CRT Claims

    Direct buyers of Mitsubishi televisions urged a California federal judge Thursday to approve the company's agreement to resolve their antitrust claims for $75 million in the sprawling cathode ray tube price-fixing multidistrict litigation.

  • January 20, 2017

    Retailers Back Challenge To Del. Property Audits At 3rd Circ.

    The National Retail Federation on Thursday backed Marathon Petroleum’s appeal of the dismissal of its challenge to a Delaware law that allows the state to carry out business audits in search of seizable abandoned property, including prepaid gift cards, telling the Third Circuit it's clear the state is abusing the audit process.

  • January 20, 2017

    Hatchimals Buyers Say Defect Cracked Their Christmas Fun

    Parents who waited in long lines and shelled out big bucks for Hatchimals were left with egg on their faces when 2016’s hottest Christmas gift proved to be defective in that it didn’t, well, hatch, according to a proposed class action filed in California federal court Thursday.

  • January 20, 2017

    Real Estate Rumors: Bank of China, Chiquita, Wharton Equity

    Bank of China is said to have provided a $60 million loan for a Times Square retail property, Chiquita Brands International is reportedly trying to end a lease in South Florida, and Wharton Equity has reportedly bought a Long Island City office and retail property for $24 million.

  • January 20, 2017

    Amazon Demands Stay In FTC’s Unauthorized App Buy Suit Inc. on Thursday urged a Washington federal court to stay an order that the company notify any customers that may have been charged for unauthorized app purchases by their children, saying a recent appeal of the order from the Federal Trade Commission has thrown a the process off course.

  • January 20, 2017

    Miss. Out-Of-State Use Tax Bill Moves Through Legislature

    A Mississippi bill that would require out-of-state sellers to collect and remit use taxes has been referred to the state’s Senate Finance Committee, a move that follows legislative efforts from several states to defy decades-old U.S. Supreme Court precedent that limits states’ ability to collect sales and use taxes from those sellers.

  • January 20, 2017

    Private RE Firm Merlone Geier Pays $170M For 2 US Malls

    California-based private real estate investment firm Merlone Geier Partners has agreed to pick up two U.S. malls from the Macerich Co. in a deal worth $170 million, the companies said Friday.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    GoPro Wants Securities Suit Tossed As Fraud By Hindsight

    Camera maker GoPro Inc. urged a California federal judge on Thursday to dismiss a putative class action alleging the company made false and misleading statements regarding its new Hero products that led its stock to tank, saying the suit is precisely the kind of fraud-by-hindsight case the Private Securities Litigation Reform Act was meant to prevent.

  • January 19, 2017

    Walgreens To Pay $50M To Settle Feds' Kickback Claims

    Walgreen Co. will pay $50 million to settle allegations that it gave kickbacks to government health care beneficiaries who it enrolled in its Prescription Savings Club discount and incentives program, the U.S. Department of Justice said Thursday.

  • January 19, 2017

    CVS Loses 275 Legal Hours In EEOC’s Failed Title VII Row

    An Illinois federal judge on Wednesday cut 275 legal work hours CVS Pharmacy Inc. is billing the Equal Opportunity Employment Commission for over its failed claims that a separation agreement is discriminatory, finding that the hours currently put forward are excessive when compared to what was produced during litigation.

  • January 19, 2017

    Antitrust Probes End After Apple Shelves Audiobook Deal

    European antitrust enforcers dropped investigations Thursday into claims that Apple and an Amazon unit's exclusive audiobook deal was hindering competition after the companies agreed to put an end to the arrangement.

Expert Analysis

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Clarifying EEOC’s Obligation For Presuit Conciliation

    Gerald Maatman Jr.

    In U.S. Equal Employment Opportunity Commission v. Bass Pro Outdoor World, a Texas federal court denied the EEOC’s motion for a ruling that would allow it to include discrimination claims in its lawsuit for individuals who had not yet applied to work for Bass Pro. The decision is a positive signal that at least some courts may be unwilling to allow to the EEOC to add claimants with whom it never conciliated, say attorneys at Seyfarth Shaw LLP.

  • A Federal Crackdown On Tax Zapper Software

    Matthew Lee

    Revenue suppression or “tax zapper” programs delete some or all of a restaurant’s cash transactions and then reconcile the books of the business, lowering the firm's tax bill. States have battled zappers for years, but the case of United States v. John Yin, filed last month in the Western District of Washington, shows federal authorities are now joining the fight, says Matthew Lee of Fox Rothschild LLP.

  • Not What I Signed Up For: California’s New Autograph Law

    Daniel Fong

    A new California law requires a certificate of authenticity for all autographed items sold by dealers for over $5. Assemblywoman Ling Ling Chang addressed concerns over potential overreach by clarifying that the law was not meant to affect the autographed book and art market. However, courts are not bound to give any credence to those statements, say Daniel Fong and Robert Darwell of Sheppard Mullin Richter & Hampton LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Art Market Tax Probes Make Domestic Freeports Appealing

    Desiree Moore

    As home to high art auction prices and hefty sales and use taxes, New York City has seen its share of art-related tax fraud. Now, as law enforcement scrutinizes tax compliance in the art world, collectors may wish to avoid New York sales taxes legally, by shipping their purchases to a domestic freeport, say Desiree Moore and Blaise Niosi of K&L Gates LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Health Care Enforcement Review And 2017 Outlook: Part 3

    Jordan T. Cohen

    While 2016 marked one of the least productive years in the history of Congress, the same cannot be said of health care enforcement and regulatory agencies. Perhaps motivated by the impending change in administration, these agencies promulgated a number of notable regulations in 2016, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.