An Organization for Economic Cooperation and Development project to develop new rules for taxing the digital economy will likely look at short-term solutions, although it may not be able to reach consensus, the organization's tax chief said.
The European Union has asked the World Trade Organization to allow it to formally observe a dispute between the U.S. and Canada over the latter's purported restrictions on foreign wine reaching its grocery stores, the latest major wine exporter to express an interest in the case.
A shareholder of women's luxury apparel maker Kate Spade & Co. filed an appraisal action in Delaware late Monday seeking a court valuation of its investment after the company's $2.4 billion acquisition by Coach Inc. in July.
The official committee of unsecured creditors in the Chapter 11 case of supplement retailer Vitamin World Inc. objected to a $25 million debtor-in-possession financing package late Monday in Delaware, saying the loan imposes tight deadlines for the company to come up with a reorganization plan.
Several marketers accused by the Federal Trade Commission of bilking consumers out of more than $42 million by signing them up for bogus memberships in online discount clubs without their permission told a Georgia federal court Monday that there is not enough evidence to support the agency’s claims.
GFP Real Estate has reportedly scored a $75 million loan for a New York office building, Amazon is said to be leasing six floors in downtown Seattle from private equity shop Starwood, and Freemont Capital has reportedly bought the former Death Row Records headquarters in Beverly Hills, California, for $17.5 million.
The U.S. Supreme Court’s decision Monday to take up a case over American Express Co.’s policy of prohibiting merchants from steering customers to other credit cards gives the high court a rare opportunity to provide clarity on the rule-of-reason. Experts tell Law360 that while most antitrust cases taken up by the justices deal with what kind of analysis needs to be made, in this case they could touch on how that analysis should be performed.
A food safety expert told a California jury Monday that Costco should have never sold a frozen berry blend behind a hepatitis A outbreak that allegedly killed an 89-year-old woman because “filth” found in pomegranate seeds headed for the blend was a clear warning for disease.
The U.S. Supreme Court on Monday rejected three separate petitions that raised employment law questions, including whether claims brought under California’s Private Attorneys General Act can be waived in employment arbitration deals and how courts should assess certain claims under the Family and Medical Leave Act.
A shareholder leading a suit against Blue Apron told a New York federal court Monday that consolidating proposed class actions alleging the meal-kit delivery company and its directors and underwriters misled investors ahead of its initial public offering would be most efficient.
Mattress Firm Inc. sued online mattress company Tuft & Needle on Monday in Texas federal court, accusing the so-called bed-in-a-box startup of smearing Mattress Firm's trademark with false advertising as it sought to break into the business.
BP Midstream Partners LP, a master limited partnership formed by BP to operate the energy giant's U.S. pipelines, set terms Monday for an estimated $850 million initial public offering, one of five companies to launch IPOs that could raise more than $1.3 billion.
Bankrupt athletic equipment maker Performance Sports Group argued Monday in Delaware to disallow a potential class claim from a pension fund that alleges company brass misled investors about the company’s financial performance and business plans before a restatement of its finances in 2016.
Comvest Partners pushed back Monday against asset-stripping allegations from bankrupt Haggen Holdings LLC’s unsecured creditors committee, arguing at the start of trial on the issue that the grocery chain’s collapsed expansion was simply a risk that failed and not an engineered fraud to part creditors from their assets.
Bankrupt Aerogroup International Inc. sought Delaware court approval Sunday for a $25 million debtor-in-possession loan, with most of the cash intended to pay off a prepetition loan and eliminate lender credit restrictions.
Bronstein Properties is reportedly buying a Brooklyn residential and retail building for $43.3 million, JDS Development is said to have scored $62.5 million in financing for a Florida condo project, and a New Zealand investor has picked up a French mansion once home to Pablo Picasso for roughly $23.7 million.
A Florida judge on Monday slashed a $4.7 million verdict for a fall from an allegedly defective ladder, saying subsequent unrelated medical problems served as a cutoff point for damages calculations.
Morrison & Foerster LLP represented Japanese investment firm Unizo Real Estate in connection with its $467.5 million purchase of an office and retail building on Third Avenue in Manhattan from Seyfarth Shaw LLP-counseled TH Real Estate, according to a deed filed in New York on Monday.
Video surveillance technology company ComCam International hit Comcast Cable Communications, Abode Systems and SimpliSafe with suits in Delaware federal court Friday, accusing the companies of infringing its internet-based security, fire and emergency identification system patent with their home security and automation products.
A group of former employees suing defunct RadioShack over botched mass layoffs urged a Delaware bankruptcy court Monday to shoot down the electronic retailer’s proposed Chapter 11 plan, saying it provides no information on how RadioShack will pay for the proposed class action if the laid-off workers prevail.
The new book "The Judge: 26 Machiavellian Lessons" is a lively tour of colorful incidents and personalities that have populated the U.S. Supreme Court for the past 23 decades. Do authors Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of their examples are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.
Many employers are seeing an increase in requests for religious accommodations. Several recent court decisions and statistics from the U.S. Equal Employment Opportunity Commission provide insight into the rise in claims related to these requests, and the importance of employers understanding their obligations to accommodate, say Barbara Hoey and Alyssa Smilowitz of Kelley Drye & Warren LLP.
Financial Crisis Anniversary
After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.
While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.
Many class actions have been filed against major retailers challenging the selling of products made only for an outlet or factory store, without disclosing them as such. But the California Court of Appeal recently upheld the lawfulness of this practice. The ruling may portend more courts taking a hard look at such claims, says Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.
Recently, Home Depot became the latest mass retailer to pay a civil penalty for selling products previously recalled by the U.S. Consumer Product Safety Commission. Penalties like this signal that the CPSC has made enforcement of this issue a priority, and retailers must tightly manage their inventory to prevent such transactions from happening, says Jonathan Judge of Schiff Hardin LLP.
The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.
Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.
States historically have had difficulty collecting sales tax from out-of-state sellers, thanks to the U.S. Supreme Court's Quill decision. But recent laws aimed at forcing online marketplaces to collect sales tax or comply with certain reporting requirements show that states are getting creative in pursuing tax revenue, say attorneys at Eversheds Sutherland LLP.
Despite a number of key federal antitrust posts remaining vacant, the antitrust authorities have remained quite active. Here, attorneys with Arnold & Porter Kaye Scholer LLP discuss five recent transactions and what those cases mean for merger enforcement in the United States in the coming months and years.