Retail & E-Commerce

  • August 16, 2017

    Phony Discount Clubs Stole $42M From Consumers, FTC Says

    The Federal Trade Commission launched a suit in Georgia federal court Tuesday accusing a group of marketers of bilking scores of consumers out of more than $42 million by signing them up for bogus memberships in a trio of online discount clubs without their permission.

  • August 16, 2017

    RadioShack Tells Judge Ch. 11 Plan To Be Filed Imminently

    Bankrupt electronics retailer RadioShack told a Delaware judge Wednesday it will soon be filing a restructuring plan after the court granted its request for an extension of its exclusive plan filing period and $2 million in post-petition financing.

  • August 16, 2017

    10th Circ. Ruling Backs Tribal Court In Opioid Suit: Cherokees

    Cherokee Nation Attorney General Todd Hembree told an Oklahoma federal court Wednesday that a recent Tenth Circuit ruling offers a "new and alternative basis" for the tribe's claim its own courts should hear the tribe's suit against CVS, Walgreens, McKesson and other companies over the tribe's opioid crisis.

  • August 16, 2017

    Grubhub Faces ADA Suit Over Website Accessibility

    The parent company of online and mobile food ordering service Grubhub was hit Wednesday in Florida federal court with an Americans with Disabilities Act lawsuit that alleges the company discriminates against the blind and visually impaired.

  • August 16, 2017

    Texas Panel Clears Store In Selling Gun Used In Shooting

    A Texas appellate court on Tuesday sided with sporting goods store Academy Ltd., dismissing a lawsuit that alleged it was negligent in completing a background check and selling a shotgun that was later used in a homicide, holding the store complied with state and federal requirements.

  • August 16, 2017

    9th Circ. Asks Calif. Court For View On Apple Bag Checks

    A Ninth Circuit panel on Wednesday asked the California Supreme Court to weigh in on whether Apple Inc. must pay a certified class of store employees for time spent checking their personal bags, noting that several similar cases are pending in the state and federal courts.

  • August 16, 2017

    Jimmy Choo Customer Asks 11th Circ. To Nix Class Deal

    A member of a proposed class action accusing luxury shoemaker Jimmy Choo of printing sensitive data on credit card receipts has asked the Eleventh Circuit to reverse approval of a $2.5 million settlement, arguing that a lower court erred in awarding attorneys’ fees in excess of 25 percent.

  • August 16, 2017

    Consumers Win Cert. In Telemarketer TCPA Suit

    An Illinois federal judge on Tuesday certified a class of consumers who claim they received unwanted calls from a telemarketing company in violation of the Telephone Consumer Protection Act, finding that a class action was the best way for the case to proceed.

  • August 16, 2017

    Consumer Advocates Say Target Deal Excludes Millions

    Consumer advocates on Tuesday urged the Eighth Circuit to reverse a $10 million class action settlement stemming from the 2013 Target Corp. data breach, arguing that it unfairly excludes millions and forces consumers who had their financial data stolen to extinguish their claims in exchange for nothing.

  • August 16, 2017

    Firing Needlephobic Pharmacist Violates ADA, Justices Told

    The Second Circuit used an oversimplified test when judging whether the Americans with Disabilities Act protects a veteran Rite Aid Corp. pharmacist who was fired when he was suddenly required to give vaccinations even though he’s severely afraid of needles, the pharmacist told the U.S. Supreme Court.

  • August 16, 2017

    Trump Disbands Deteriorating CEO Advisory Councils

    President Donald Trump disbanded two of his advisory councils on Wednesday as CEOs rapidly abandoned them in response to Trump’s refusal to exclusively blame white supremacists for a fatal rally they held in Charlottesville, Virginia, over the weekend.

  • August 15, 2017

    Chicago-Area Retailers Ask Appeals Court To Block Soda Tax

    A group of Chicago-area store owners Monday urged a state appeals court to block Cook County's controversial penny-per-ounce tax on sweetened beverages, pointing to recently filed class action lawsuits and warnings from the U.S. Department of Agriculture as support for the emergency motion.

  • August 15, 2017

    Here's How Costco Lost $19M To Tiffany

    This week's ruling ordering Costco Wholesale Corp. to pay more than $19 million in trademark infringement damages to Tiffany & Co. caps off more than four years of heated litigation and sets the stage for a closely watched appeal. Before then, here's a quick recap of how we got here.

  • August 15, 2017

    Judge Rejects Theranos Investors' Bid To Pause Settlements

    A proposed class of Theranos Inc. investors is moving forward with a securities fraud suit against the health technology startup after losing a bid to pause the company's settlements with Walgreen Co. and others, deals the investors called a “preferential transfer of assets.”

  • August 15, 2017

    Champs’ $52M Deal With Processor Ripped By Class Member

    A member of a class of restaurants and retailers objected Monday to a $52 million cash settlement to end claims brought against Mercury Payment Systems LLC by lead plaintiff Champs Sports Bar & Grill alleging Mercury charged bogus fees, telling a Georgia federal judge that not enough work was done to ensure a fair deal.

  • August 15, 2017

    FDA Fires Back Against Suit Over Delayed Menu Labeling

    A lawsuit challenging the delay of mandatory menu labeling at chain restaurants and grocers should be chewed up and spit out because challengers haven’t been concretely harmed by the delay, the U.S. Food and Drug Administration told a D.C. federal judge on Monday.

  • August 15, 2017

    Polsinelli Picks Up Texas-Based Bankruptcy Shareholder

    Polsinelli PC announced it has hired a former K&L Gates LLP bankruptcy and financial restructuring attorney with experience in the energy and health care sectors as a shareholder in Texas.

  • August 15, 2017

    Amazon Sale Not Enough For Patent Venue, Va. Judge Says

    A Virginia federal judge has temporarily dismissed a patent infringement case brought against the creators of a movie trivia card game on the grounds that under the U.S. Supreme Court’s recent TC Heartland ruling, an Amazon sale wasn't enough to connect them to a state where they don't reside.

  • August 15, 2017

    Landlords Balk At True Religion's Ch. 11 Plan Disclosures

    A group of True Religion Apparel Inc. landlords took issue Monday with the retailer's disclosure statement for its Chapter 11 plan, arguing in Delaware bankruptcy court that it doesn’t say enough about how leases would be treated, bringing what has been a thorny issue in the case back to the forefront.

  • August 15, 2017

    Amazon E-Book Changes Ease Japan's Antitrust Concerns

    Amazon will voluntarily cease enforcing certain provisions in its contracts with electronic book publishers to assuage concerns by Japan’s Fair Trade Commission that the measures were anti-competitive, the antitrust watchdog said Tuesday.

Expert Analysis

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • Opinion

    The Proper Measure Of The Value Of Class Actions

    Gary Mason

    Despite many examples of benefits obtained by plaintiffs, corporate America loudly claims that class actions don’t benefit anyone other than the attorneys who bring them. What do they base this on? Not much, says Gary Mason of Whitfield Bryson & Mason LLP.

  • The Future Of Business And Human Rights: More Regulation

    Christopher Walter

    Voluntary corporate human rights compliance, embedded within corporate social responsibility initiatives, has failed to maximize businesses’ potential to combat global human rights abuses. Increasingly, governments are pushing businesses to improve monitoring and combating of human rights abuses in their supply chains. In the meantime, businesses can be proactive, say Christopher Walter and Tom Plotkin of Covington & Burling LLP.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • The Great Class Action Ascertainability Debate

    Amanda Lawrence

    In recent years, courts have divided sharply over whether or not Rule 23 of the Federal Rules of Civil Procedure creates an implicit requirement that a class must be ascertainable in order to be certified. Amanda Lawrence and Michael Rome of Buckley Sandler LLP discuss the circuit split over whether and to what extent ascertainability is required, and implications of the circuit split for class action litigants.

  • Labor Law Changes Leave Employers In Limbo

    Shira Yoshor

    Over the last 12 months lawyers who advise companies in advance of changes in employment law may have begun to feel some unease. Even those who have been practicing for years have been at a loss as to how to predict what may be coming next, especially with respect to overtime, joint employment, the persuader rule and tip pooling — just to name a few issues, says Shira Yoshor of Greenberg Traurig LLP.