On June 1, 2023, the United States Supreme Court issued a unanimous opinion that makes it more difficult for shareholders to bring Section 11 claims against companies that go public via direct listings. The case involved a...more
On June 1, 2023, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued a much-anticipated decision in Lee v. Fisher, No. 21-15923, enforcing a forum selection clause in Gap Inc.’s corporate bylaws that...more
The United States District Court for the Southern District of New York (the “Court”) decided in Gap Inc. v. Ponte Gadea N.Y. LLC on March 8, 2021 that a retail tenant will not be able to use the COVID-19 pandemic as an excuse...more
Pay equity advocates have used a variety of mechanisms to pressure employers to prioritize pay equity in the workplace. These efforts include shareholder resolutions regarding pay equity, threats of divestiture, and public...more
One year into the pandemic, courts have almost uniformly found that COVID-19 does not permit commercial tenants to avoid their rent payment obligations. In this case, the court continued that trend, ruling that the pandemic...more
In one of the latest and most high-profile decisions from across the country relating to commercial tenants’ rent obligations during the COVID-19 pandemic, the United States District Court for the Southern District of New...more
The Federal Reserve has “temporarily restricted shareholder payouts by the biggest banks,” preventing stock buybacks and barring increases in dividend payments in the third quarter. ...more
Tomorrow’s jobs report is going to be a doozy. Here’s what you need to know in advance of the “terrible” expected figures....more
Macy’s announced on Monday that it will furlough most of its nearly 130,000 workers (at its Macy’s, Bloomingdale’s, and Bluemercury retail locations) starting this week as its stores remained shuttered due to the pandemic....more
Volatility’s the name of the game again, folks, and we have COVID-19 to thank. Just a day after markets jumped in response to central bank and Super Tuesday news, the dove again some 3% as virus-related fears took hold again....more
The U.S. and China have tentatively [maybe?] agreed that a first phase of a trade agreement “would roll back a portion of the tariffs placed on each other’s products, a significant step toward defusing tensions between the...more
The Gap, Inc. recently settled a class action lawsuit alleging that the retailer employed a misleading pricing scheme in The Gap and Banana Republic outlets and factory stores. The plaintiffs claimed that the company, which...more
As many expected, the US economy slowed in Q4 2018, growing at a 2.6% annual rate in the final three months of last year. That figure was better than some forecasters thought, but it still marks a “significant slowdown” from...more
In the face of a growing number of lawsuits against retailers for deceptive sales, advertising and pricing practices, a California court recently affirmed dismissal of a consumer’s false advertising lawsuit against The Gap,...more
NLRB Upholds Retailer’s Rules on Confidential Customer Information - Why it matters - Macy’s rules prohibiting the disclosure of confidential customer information didn’t violate Section 8 of the National Labor Relations...more
In a victory for outlet retailers, a California appellate panel recently tossed out a deceptive marketing and advertising suit against Gap....more
Over the past two years, class actions have been filed against nearly every major retailer challenging various sales and pricing practices. Many of these have focused on outlet stores (sometimes called “factory” stores)....more
Tinder, a popular mobile dating app, recently shut down an ad campaign from Gap, stating that the campaign violated the app's terms of service. Gap's failure to comply with Tinder's terms of service is a cautionary tale for...more
..Filling a gap. Gap Inc., the clothing retailer, is using social media to establish a web presence focused on feminism, equal pay for equal work, and progressive values. For example, the company produced an Instagram video,...more
In This Issue: - Much Ado About YAHOO! - Lawsuits Can Be Easier to Get Into Than to Get Out Of - Johnny Football, Inc. - Excerpt from Johnny Football, Inc.: It should come as no surprise that...more
Welcome to a new feature of Privacy & Security Matters – Privacy Monday. We will start your week with a fresh collection of privacy tidbits, goofs and gaffes....more
Here is a perfect case study for the value in conducting trademark clearance searching before launching a new brand or product – or even using a slogan on a product....more