Retail & E-Commerce

  • March 20, 2018

    Tops Markets' Deal With Vendor Wins Bankruptcy Judge's OK

    A New York bankruptcy judge overrode objections from a Teamsters pension fund and approved a settlement between bankrupt regional grocery chain Tops Markets LLC and its chief supplier, saying there was no evidence of insider dealing and that the math was in the insolvent company’s favor.

  • March 20, 2018

    Dealer Accuses Experian's Autocheck Of Misleading Reports

    Used car dealer Off Lease Only Inc. has sued Experian Information Solutions Inc. in Florida federal court for allegedly exaggerating car damage information in its Autocheck vehicle history reports to the dealer's and the public's detriment.

  • March 20, 2018

    Claire's Gets Interim Access To $105M Bankruptcy Financing

    Bankrupt jewelry and accessories retail chain Claire’s Stores Inc. received interim approval Tuesday in Delaware to tap into $105 million of its larger proposed debtor-in-possession financing package, which will help the company maintain its supply of inventory while it navigates through the Chapter 11 process.

  • March 20, 2018

    US Asks To Argue For Internet State Tax Before High Court

    U.S. Solicitor General Noel Francisco asked the U.S. Supreme Court on Monday to allow the U.S. to present oral arguments in South Dakota’s effort to require use tax from out-of-state internet sellers, saying the U.S. has a substantial interest in a ruling that will “significantly affect the functioning of the national economy and the states’ financial stability.”

  • March 20, 2018

    Sport Supplement Co. Gets Deceptive Labeling Suit Trimmed

    A South Carolina federal judge on Tuesday gutted a proposed class action accusing dietary supplement manufacturer PhD Fitness LLC of deceptively labeling products, leaving only unjust enrichment and fraudulent inducement claims intact.

  • March 20, 2018

    Real Estate Rumors: Walton, Google, Care Resource

    Walton Street Capital is said to be looking to get $170 million with a sale of a Chicago Apple Store and neighboring retail space, Google's recent $2.4 billion New York buy was reportedly an all-cash deal and health care provider Care Resource is reportedly looking to expand in Miami by more than 130,000 square feet.

  • March 20, 2018

    Digital Tax Rules Not Aimed At US Tech Cos., EU Official Says

    The European Commission’s top tax official has moved to “pre-empt any misconceptions” about proposals for the digital economy by telling U.S. Treasury Secretary Steven Mnuchin that the measures are not aimed at American tech companies, according to a letter obtained by Law360 on Tuesday.

  • March 20, 2018

    What To Watch For As Lighthizer Heads To Capitol Hill

    The Trump administration’s trade policy is under close public scrutiny as the White House prepares to move ahead with new tariffs on steel and aluminum, girds for a new fight with China over intellectual property enforcement, and tries to keep negotiations with its closest allies afloat. It is against this backdrop that U.S. Trade Representative Robert Lighthizer will testify before the two congressional trade committees this week.

  • March 20, 2018

    Beats Can't Unplug Monster's $100M Contract Claims

    A California judge on Tuesday denied Beats Electronics’ bid to dismiss Monster LLC's contract claims alleging that an audit wrapping up their manufacturing and distribution relationship shorted Monster by $100 million, saying interpreting the parties’ agreements will require looking at the facts.

  • March 20, 2018

    Orbitz Says Potential Breach Impacted 880K Payment Cards

    Orbitz LLC announced Tuesday that a potential breach may have compromised two years’ worth of data relating to purchases made on one of its legacy travel-booking platforms, including roughly 880,000 payment cards and other personal information like consumer names, addresses and phone numbers.

  • March 20, 2018

    Walgreens Strikes $5.5M Drug Overcharge Deal With Mass. AG

    Walgreen Co. will pay $5.5 million to settle claims that the pharmacy chain routinely overcharged the Massachusetts workers' compensation insurance system for prescription drugs, the state’s attorney general revealed Tuesday.

  • March 20, 2018

    Watch Repair Firms Take Antitrust Fight To EU's Top Court

    A federation of watch repairers is asking the European Union's high court to force luxury watchmakers, including Swatch Group Inc., to supply spare parts to independent repair shops.

  • March 20, 2018

    Ill. Clothing Store Texting Unwanted Promotions, Suit Says

    An Illinois clothing store was hit with a putative class action in Chicago federal court Tuesday over claims that the company is sending unsolicited texts to promote its sales and new products.

  • March 20, 2018

    EXCLUSIVE: Behind The Downfall Of Latham's Chairman

    Before his sudden departure Tuesday, Latham & Watkins LLP Chair Bill Voge engaged in a pattern of reckless behavior starting with sexually explicit messages sent to a woman he approached on behalf of a Christian men’s group and culminating in threats to her husband to have her thrown in jail.

  • March 19, 2018

    Roche Bros. Not Covered For Snow Removal, Court Says

    Continental Casualty Co. doesn't have to cover Roche Brothers Supermarkets Inc.'s costs to remove snow from the roofs of several Massachusetts stores following record-breaking winter storms in 2015, a state judge ruled Friday, holding that the grocery chain's policy doesn't apply to preventative measures taken to avoid property damage.

  • March 19, 2018

    Investor Suit Against Target Won't Be Revived, Judge Says

    A Minnesota federal judge on Monday said she would not reconsider the dismissal of a proposed securities class action accusing Target of misleading investors amid its tumultuous expansion into Canada, saying public statements company executives had made during the expansion don't meet the standard for securities fraud.

  • March 19, 2018

    Fingerhut Hit With TCPA Suit Over Calls Seeking Payment

    Catalog and online retailer Fingerhut got slapped with a putative class action in Illinois federal court on Monday by an Illinois man who says the company has been placing unlawful calls seeking payment for products he never purchased, in violation of the Telephone Consumer Protection Act.

  • March 19, 2018

    After Fed. Circ. Slam, Gilstrap Hands Newegg $565K In Fees

    Following a rebuke from the Federal Circuit, Judge Rodney Gilstrap of the Eastern District of Texas has awarded Newegg Inc. $565,000 in attorneys' fees for the online retailer's victory in a patent suit brought by a nonpracticing entity.

  • March 19, 2018

    Grocer Drops Claims Stop & Shop Tried To Freeze Out Rival

    A supermarket chain that lodged federal antitrust claims accusing a Stop & Shop of blocking its efforts to build a ShopRite in an attempt to remain Wyckoff, New Jersey’s sole grocer has dropped its suit, according to settlement documents filed Monday.

  • March 19, 2018

    H&M Isn't The First Brand To Face Graffiti Gripes

    When apparel retailer H&M found itself in a copyright dispute last week over its use of graffiti in advertisements, it was the latest in a string of such fights between corporate brands and street artists who have become increasingly willing to head to court to protect their rights.

Expert Analysis

  • Opinion

    It's Time For The US To Re-Engage With The TPP

    Christopher Corr

    A year after President Donald Trump withdrew the U.S. from the Trans-Pacific Partnership, the remaining TPP countries have signed a revised agreement among themselves, and U.S. exporters may pay a heavy price. Now is the time for industries with the most to lose to push for a U.S. return to the TPP, says Christopher Corr of White & Case LLP.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • How Regulatory Power Is Moving To The States

    Ashley Taylor

    Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.

  • Can The SEC Enforce Securities Laws Abroad?

    James Goldfarb

    This week, the Tenth Circuit will hear a case with far-reaching consequences, literally, for the U.S. Securities and Exchange Commission's enforcement activity. If the commission has its way in its case against Traffic Monsoon, more aggressive overseas enforcement activity could be in store, say attorneys with Murphy & McGonigle PC.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • How To Negotiate Wireless Infrastructure Agreements

    Walt Sapronov

    When negotiating shared wireless infrastructure contracts in large venues, sponsors should pay close attention to technology specifications, upgrades and interference protection, say Walt Sapronov and Kenneth Klatt of Sapronov and Associates PC.

  • Don't Run Afoul Of NCAA Trademarks During March Madness

    Chas Rampenthal

    It’s tempting for your marketing campaign to get caught up in the frenzy that is the March collegiate basketball playoffs, but that isn’t a license to disregard the dangers of trademark infringement, says Chas Rampenthal, general counsel at Inc.

  • Tax Planning In The Age Of Tax Reform: Part 2

    Ellen McElroy

    Businesses face challenges in implementing the Tax Cuts and Jobs Act, especially given its size and scope and the ambiguities that remain regarding its application. Unfortunately, if administrative guidance and technical corrections are not issued soon, companies may lose valuable rights, say attorneys with Eversheds Sutherland LLP.

  • Trends In China's Food And Packaging Laws: Part 2

    David Ettinger

    China has recently implemented a number of changes to its food regulatory system. U.S. beef can again be imported to China after a 14-year prohibition. But companies must comply with new standards for food manufacturer certification, food labeling and food packaging, say attorneys with Keller and Heckman LLP.

  • A Guide To Anti-Trafficking Compliance For Food Cos.

    Markus Funk

    Despite the 2016 dismissal of federal human rights cases against food companies in California, a similar class action — Tomasella v. Hershey Co. — was recently filed in Massachusetts federal court, and it’s one that companies in the sector should watch closely, says Markus Funk of Perkins Coie LLP.