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Retail & E-Commerce

  • September 24, 2018

    US-China Fight Shows No Sign Of Stopping As New Tariffs Hit

    The U.S. and Chinese governments installed fresh sets of tariffs on one another’s products Monday, opening a fresh front in a quickly escalating trade standoff that now covers about half of the goods traded between the two economic powerhouses.

  • September 21, 2018

    Jury Finds Overstock.Com Guilty Of $3M Escheat Holdback

    A Delaware jury took little more than a hour to find Overstock.com guilty of concealing nearly $3 million in abandoned gift card balances from Delaware’s revenue agency, after a six-day whistleblower trial that could lead to a treble damages sanction.

  • September 21, 2018

    Revel Systems Agrees To $2.75M Deal In OT Suit

    Revel Systems has agreed to a $2.75 million deal to end claims that the point of sales system company had flouted both federal and state law because it allegedly didn’t properly pay a group of inside sales representatives overtime for a certain period.

  • September 21, 2018

    Former Rite Aid Ad Exec To Cop To $5.7M Kickback Scheme

    A former vice president for advertising at Rite Aid Inc. and one of the owners of an Atlanta-based marketing business have agreed to plead guilty to a $5.7 million kickback scheme, while the marketing business's co-owner told Law360 on Friday he will fight related charges.

  • September 21, 2018

    Brand Battles: Red Sox Aim To Strike Out 'Green Monstah' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the Boston Red Sox talk about New England accents in an effort to shut down a reference to Fenway Park, Discovery Channel picks a fight with Alibaba, and Anheuser-Busch targets a "Bud" mark.

  • September 21, 2018

    LG Panama, Mall Ordered To Show If AC Contract Is Binding

    A Virgin Islands federal judge on Friday vacated an order compelling the owners of a shopping center to arbitrate their dispute with LG Electronics Panama over commercial air conditioning equipment, finding that more discovery is needed to determine whether the contract between the parties was a legally binding agreement.

  • September 21, 2018

    EEOC Says Walmart Discriminates Against Pregnant Workers

    Walmart discriminated against a class of women at a Wisconsin distribution center by denying their requests to take it easier at work during their pregnancies, the U.S. Equal Employment Opportunity Commission said Friday in the latest suit challenging how the mega-retailer treats pregnant workers.

  • September 21, 2018

    Latham Guides Retailer Farfetch In Upsized $884M IPO

    U.K.-based Farfetch Ltd. bumped its initial public offering price to $20 per share the day before its debut, raising around $884 million for the private equity-backed online fashion retailer in a Friday offering guided by Latham & Watkins LLP.

  • September 21, 2018

    Fitness Device Co. Seeks Treble Damages In $6.8M IP Row

    The company behind TRX exercise equipment Thursday told a California federal court it should get treble damages on a 2017 $6.8 million patent and trademark infringement verdict against Woss Enterprises LLC, saying Woss continues to sell infringing products.

  • September 21, 2018

    Wage-And-Hour Suit Against J&J Headed Back To State Court

    A California federal judge has agreed to send back to state court a wage-and-hour suit brought by a group of former Johnson & Johnson Consumer Inc. workers, finding that the amount of money in controversy fell short of the threshold necessary for the federal court to hear the case.

  • September 21, 2018

    Claire’s Gets Nod On Ch. 11 Plan After Clinching Creditor Deal

    A Delaware bankruptcy judge confirmed accessory retailer Claire’s Chapter 11 plan on a mostly uncontested basis Friday after a three-day confirmation hearing during which stakeholders hashed out the details of a deal struck Monday that granted second-lien creditors higher recovery rates.

  • September 20, 2018

    Ill. Firm Can't Collect Fees For Work On Its Qui Tam Suit

    The Illinois Supreme Court on Thursday sided with an appellate panel's ruling rejecting fee awards for lawyers of a firm that brought whistleblower claims accusing My Pillow Inc. of failing to collect taxes on certain sales to Illinois customers, citing 150-year-old precedent that the court said puts the issue to bed.

  • September 20, 2018

    J&M Vendors' Skittishness Threatens Ch. 11 Plan Hopes

    The prospects of discount retailer J&M Sales Inc. getting to a confirmed Chapter 11 plan of reorganization dimmed Thursday, when attorneys for the chain of stores told a Delaware bankruptcy judge that its vendors were wary of signing on to a process where they would provide inventory on shortened terms.

  • September 20, 2018

    Attys Ask To Withdraw From Suit Over Mattress Review Site

    Attorneys for a mattress review site accused of faking reviews that implied a company’s mattresses cause cancer have asked to withdraw from the suit in both Utah federal court and the Tenth Circuit, saying there is a “fundamental disagreement” with their client over legal strategy.

  • September 20, 2018

    Deals Rumor Mill: Nature Nate’s, Rocket Internet, Amazon

    Private equity firms are buzzing around Nature Nate’s Honey Co., Rocket Internet is reportedly getting ready to list Jumia, and Amazon and an India-based private equity firm have bought Indian retail and grocery chain More.

  • September 20, 2018

    Goodwin-Led Eventbrite's Shares Soar After $230M IPO

    Shares of online ticketing platform Eventbrite Inc., represented by Goodwin Procter LLP, sizzled in their debut Thursday after the venture-backed company priced a $230 million initial public offering at the top of its range, marking the latest technology issuer to score with investors.

  • September 20, 2018

    Skadden-Led Meituan Debuts After $4.2B Hong Kong IPO

    Chinese online services platform Meituan Dianping’s shares rose in debut trading Thursday following completion of the company’s $4.2 billion initial public offering in Hong Kong — marking the fifth largest IPO in 2018 — advised by Skadden Arps Slate Meagher & Flom LLP.

  • September 20, 2018

    Media Giants Face Another Antitrust Suit Over TV Ad Rates

    A Mississippi auto dealer filed a putative class action against Hearst, Sinclair, Tribune and other media conglomerates in Maryland federal court Wednesday claiming they colluded to boost local television advertising rates, the latest in an onslaught of antitrust suits against the broadcasters.

  • September 20, 2018

    Real Estate Rumors: Paramount, Ladder, Welltower

    Paramount Group could get as much as $160 million with the sale of a New York office and retail property, Ladder Capital is said to have loaned $137 million for a New York Holiday Inn, and real estate investment trust Welltower has reportedly sold a Florida nursing home for $15.4 million.

  • September 20, 2018

    UK Competition Authority Probing PayPal's $2B iZettle Deal

    The U.K.’s competition watchdog said Wednesday it had opened an investigation into PayPal Holdings Inc.’s $2.2 billion purchase of Sweden’s iZettle, a payments platform that boasts nearly a half-million merchants across 11 international markets, and restricted some activity by the businesses in the U.K. market.

Expert Analysis

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention has been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Legal Pitfalls To Avoid In Social Cause Marketing Campaigns

    Russell Stein

    In recent years, businesses have increasingly teamed up with charities to promote products or charitable causes. However, if these campaigns are not executed properly, they can lead to civil and criminal penalties, taxes and bad publicity for all parties involved, says Russell Stein of Partridge Snow & Hahn LLP.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • When Athlete’s Name Is 'Advertising Idea' Without Trademark

    Gregory May

    The Massachusetts high court recently found that a shoe manufacturer’s use of a runner’s name potentially triggered advertising injury insurance coverage, even though the name had not acquired secondary meaning or trademark status. The Holyoke v. Vibram decision is notable because of the court's focus on the intent of the athlete's family business, says Gregory May of Nelson Mullins Riley & Scarborough LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Trends In Hashtags As Trademarks

    Marc Misthal

    Can hashtags be “locked down” the way that clients want? And is trademarking them worth it? Recent cases and direction from the U.S. Patent and Trademark Office are starting to outline the registrability and enforceability of hashtag trademarks, says Marc Misthal of Gottlieb Rackman & Reisman PC.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Series

    Winner's Playbook: Behind The Scenes Of The AmEx Case

    Evan Chesler

    In June, the U.S. Supreme Court issued a pivotal antitrust decision in Ohio v. American Express. Three partners at Cravath Swaine & Moore LLP who represented AmEx explain how one of the most significant antitrust enforcement actions in recent history led to a landmark precedent for two-sided platforms.