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Retail & E-Commerce

  • July 16, 2018

    Deals Rumor Mill: Mediaset, Ele.me, Santander

    Mediaset is reportedly planning on partnering with F2i to takeover EI Towers, the food delivery business of e-commerce giant Alibaba wants to pocket as much as $2 billion in new funding, and Banco Santander could see bids for its toxic real estate assets come from Blackstone Group and Cerberus.

  • July 16, 2018

    Baker McKenzie Adds Littler Mendelson Employment Duo In SF

    A pair of Littler Mendelson PC litigators, who have represented management at major technology giants and retailers in high-profile putative class actions, have joined Baker McKenzie's employment and compensation practice in San Francisco, the firm announced recently.

  • July 16, 2018

    Real Estate Rumors: Fla. Retail Center, Cove, Think Hotel

    A Florida Planet Fitness retail center has reportedly traded hands for $11.5 million, a Cove Property landlord venture is said to have renewed leases with two New York law firm tenants and Think Hotel Group is said to have scored $22 million in financing for a Florida hotel.

  • July 16, 2018

    Pa. Justices Will Hear GNC’s Appeal In Overtime Case

    The Pennsylvania Supreme Court agreed on Monday to mull a $1.7 million class action award against General Nutrition Centers Inc. over its alleged obligation under state wage law to pay store managers time-and-a-half for overtime hours.

  • July 16, 2018

    Costco, Abbott Win Nutritional Drink Sales Tax Suit On Appeal

    A California appeals court has affirmed a lower court decision favoring Costco, the California Board of Equalization and Abbott Laboratories, the manufacturer of nutritional shake Ensure, in a lawsuit that sought to recover sales tax placed on the product.

  • July 16, 2018

    9th Circ. Revives Part Of Driver's Suit Over Alcohol Firing

    The Ninth Circuit on Friday revived part of a delivery driver’s claim that the home furnishing company he worked for illegally fired him for drinking on his own time, but also let stand a lower court’s decision to toss his claim that he was retaliated against for having filed a workers’ compensation claim.

  • July 16, 2018

    Gucci Blocks Great-Grandson's E-Cig Trademarks

    Italian fashion house Gucci won a ruling Friday at the Trademark Trial and Appeal Board blocking the great-grandson of its namesake founder from registering trademarks for his “Uberto Gucci” brand.

  • July 16, 2018

    Toyota, Kobe Steel Want Out Of Subpar Metal Parts Suit

    Toyota Motor Corp. and Kobe Steel Ltd. separately asked a California federal judge on Friday to dismiss claims that Kobe misrepresented the quality of steel, aluminum and copper products used in Toyota vehicles, saying there is no evidence the possible presence of subpar metals makes the vehicles defective.

  • July 16, 2018

    Walmart Cashiers' Seating Suit In Calif. Sent To Trial

    A suit seeking to make Walmart let a class of 80,000 cashiers in the Golden State sit on stools will go to trial this fall after a California federal judge dismissed dueling motions for judgment Friday, ruling that a jury should decide whether the workers should have seats.

  • July 16, 2018

    Tribal Business Wants Out Of California Cigarette Tax Laws

    A business entity of the Big Sandy Rancheria Band of Western Mono Indians filed suit against the California attorney general in federal court asking for a declaration that it is not subject to certain state tax requirements on the sale of tobacco products.

  • July 16, 2018

    Tainted Jalapeno Powder Caused $19M Recall, Food Co. Says

    An Illinois-based natural food ingredient sourcer slapped China-based Shanghai Pecenp International Co. with a lawsuit Friday, saying the company’s salmonella-contaminated jalapeno powder caused Frito-Lay to recall its products and lose $19.8 million.

  • July 13, 2018

    Probe Of Cos. Tied To Alleged Indian Fraudster May Be Pared

    An examiner investigating Indian billionaire Nirav Modi’s ties to bankrupt U.S. jewelry businesses asked a New York bankruptcy judge Thursday to pare down the scope of his investigation, a day before one of the jewelry businesses filed a sale motion following an auction that yielded winning bids totaling $1.3 million.

  • July 13, 2018

    Unsecured Creditors Rip Claire's Ch. 11 Process, Sale Plans

    An unsecured creditor trustee for bankrupt Claire’s Stores Inc. called for a month or more delay Friday in action on the company’s Chapter 11 plans and schedule, citing concerns about process flaws, insider control and unanswered questions about current proposals.

  • July 13, 2018

    Mass. Dentist Says 1st Circ. Uber Ruling Applies In Yelp Row

    A Massachusetts dentist suing Yelp Inc. for deceptive trade practices leaned Friday on a weeks-old First Circuit decision rejecting the legality of Uber’s “barely visible” terms-and-conditions button, saying Yelp’s terms-and-conditions link on its phone application was similarly inconspicuous.

  • July 13, 2018

    Photographer Wants Justices To Hear Nike 'Jumpman' IP Case

    The photographer who claims Nike Inc. ripped off his Michael Jordan photo to create its signature “Jumpman” logo got a break from the Ninth Circuit on Friday, after the court agreed to hold off on finalizing a recent ruling against him while he takes his case to the U.S. Supreme Court.

  • July 13, 2018

    Deals Rumor Mill: Nine West, Mubadala, Xerox

    Nine West reportedly reached out to Lazard to help it find a buyer for its remaining assets, Mubadala is exploring a sale of Cepsa, and Xerox is eyeing a deal to sell its leasing unit amid its legal fight with Fujifilm over their scrapped $6.1 billion merger.

  • July 13, 2018

    Edible Arrangements Must Arbitrate $209M Google TM Row

    A Connecticut federal judge on Friday granted arbitration and administratively closed a $209 million trademark suit in which Edible Arrangements accused Google of creating confusion by placing Edible's ads next to competitors, rejecting Edible's argument that the claims fall outside the scope of the companies’ arbitration clause.

  • July 13, 2018

    5th Circ. Scraps Dealership’s Nearly $1M Win Against Jaguar

    The Fifth Circuit on Friday threw out a nearly $1 million award in favor of a Texas dealership that had sued Jaguar alleging it improperly reclaimed cash the dealer earned under a sales incentive program, saying the lower court granted the dealership an early win before it had jurisdiction to do so.

  • July 13, 2018

    Estee Lauder, EEOC Strike $1M Deal To End Leave Policy Suit

    Estee Lauder will pay $1.1 million to end a U.S. Equal Employment Opportunity Commission suit alleging the company’s paid parental leave policy was stacked against fathers, according to documents filed Thursday in Pennsylvania federal court, which also said the company has already overhauled its leave practices.

  • July 13, 2018

    Uniloc Says Amazon's Video Compressor Infringes Its Patent

    Patent litigator Uniloc filed a complaint Thursday alleging that Amazon sells video devices that infringe a patent related to technology that encodes and compresses videos.

Expert Analysis

  • New 'Shine The Light' Suits Highlight Privacy Issues

    Stephanie Sheridan

    The California Consumer Privacy Act, passed last month, is the state's most comprehensive privacy legislation to date, but not its first. Several recent putative class actions allege violations of California’s Shine the Light law. Retailers' in-house counsel should ensure that protocols are in place for timely, accurate responses to information requests under the law, say Stephanie Sheridan, Anthony Anscombe and Meegan Brooks of Steptoe & Johnson LLP.

  • Online Pharmaceuticals – But Not Much Online Liability

    James Beck

    Online sales platforms are allowing a plethora of over-the-counter medications to be sold by a myriad of manufacturers. This can lead to situations where product liability plaintiffs are left with nobody to sue. It is not surprising to see plaintiffs attempt to sue online marketplaces; but for, now the law is not letting them get away with it, says James Beck of Reed Smith LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Beer, Wine, Alcohol And Taxes: A Most Excellent Recipe

    Ed Brown

    Producers of beer, wine and distilled spirits were treated very well by last year's tax reform. Even before taking into consideration the reduction in effective tax rates and other tax changes that benefit all businesses, craft brewers, small vintners and artesian distillers received much needed relief relating to federal excise taxes, say Edward Brown and James McCarten of Burr & Forman LLP.

  • Fewer Remedies In Calif. For Targets Of Defamatory Reviews

    Pooja Nair

    Earlier this month, the California Supreme Court ruled in Hassell v. Bird that Yelp could not be ordered to remove negative reviews of a law firm that were found to be defamatory. While the decision is a victory for internet platforms and websites, the scope of immunity under the Communications Decency Act has not been fully drawn out, says Pooja Nair of TroyGould PC.

  • Tax Implications For The California Cannabis Industry

    Shail Shah

    This article by attorneys at Reed Smith LLP outlines tax implications for the cannabis industry in California, the largest state to legalize medical and recreational adult-use cannabis, and other states where marijuana is legally sold.

  • Inside Kavanaugh's Merger Challenge Dissents

    Timothy Gray

    In the D.C. Circuit's Anthem and Whole Foods cases, U.S. Supreme Court nominee Judge Brett Kavanaugh disagreed with his colleagues’ decisions to block the contemplated mergers, suggesting an antitrust jurisprudence leery of excessive enforcement activity, say Timothy Gray and Melissa Ginsberg of Patterson Belknap Webb & Tyler LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • The Impacts Of Wayfair On Alabama Tax Amnesty

    David Blum

    Tax amnesty programs are usually a huge benefit for all involved. However, for Alabama sales and use tax purposes in the wake of South Dakota v. Wayfair Inc., the issues are not so clear cut for many taxpayers, say David Blum and Emily Fiore of Akerman LLP.