Dean Foods, the largest milk company in the U.S., has filed for bankruptcy protection, a “fresh setback to a U.S. dairy industry struggling against declining U.S. milk consumption and rising competition.” Industry experts...more
A recent report showing slowing US manufacturing activity and a sliding 10-year Treasury note yield is only making Chair Powell’s balancing act that much tougher....more
U.S. Developments - Regulatory Developments - Commissioner Hester Peirce Speaks Before the SUSS Convergence Forum: Inclusive Blockchain Finance, and Emerging Technologies - On August 1, 2019, Securities and Exchange...more
The Delaware Superior Court recently issued a final order against Overstock.com for violating Delaware’s Abandoned and Unclaimed Property Law and False Claims and Reporting Act by failing to report and remit nearly $3 million...more
After four-plus years of litigation in a long-running dispute over unredeemed gift cards, a jury returned a verdict against Overstock.com, finding that the company violated the Delaware False Claims Act (FCA) by not reporting...more
Overstock.com, Inc. is an on-line retailer with its principal executive offices located in Midvale, Utah. Earlier this month, Overstock.com announced that it had agreed to buy the assets of Houserie, Inc. Both companies are...more
To the surprise of many, the U.S. Supreme Court granted the State of South Dakota’s petition for writ of certiorari in South Dakota v. Wayfair, Inc. et al., No. 17-494, on January 12. The case involves the constitutionality...more
Thirty-six state attorneys general, most recently joined by California and Hawaii, have filed an amici curiae brief urging the U.S. Supreme Court to reconsider the “physical presence test”. The test requires that a retailer...more
Website, Mobile App Get Changes Thanks to CARU - A new decision from the Children’s Advertising Review Unit demonstrates the self-regulatory body’s efforts to work with a mobile application and website operator to ensure...more
In The People v. Overstock.com, Inc. (No. A141613 filed June 2, 2017), Division Four of the First Appellate District affirmed a trial court judgment against Overstock for injunctive relief and over $6 million in civil...more
SPECIAL FOCUS: California Proposes Emergency Prop 65 Regulation for Products Containing BPA - Why it matters: BPA remains prevalent in the packaging of food and beverage items sold by retailers throughout California....more
On Thursday, April 28, 2016, South Dakota filed a lawsuit against Wayfair Inc., Overstock.com Inc., Newegg Inc. and Systemax Inc. — all large, online retailers — to enforce its new law, Senate Bill 106, imposing sales tax...more
This weekend, The New York Times ran an article on how the “list prices” displayed on many e-commerce sites have lost their meaning. The article starts with an example of a Le Creuset iron skillet. Although the author found...more
Overstock.com has filed this Form S-3 which proposes to sell securities using Bitcoin blockchain technology. The S-3 has not yet been declared effective. First question: What the heck in blockchain technology? CFTC...more
The Ninth Circuit recently held that online retailer Amazon.com could be liable for infringing the trademarks of a watch manufacturer based upon Amazon’s product search results when shoppers search for the manufacturer’s...more
The Washington Legislature released the state budget for the 2015-2017 biennium, which enhanced the state’s nexus standard, eliminated certain tax exemptions, extended some tax preferences, and made other tax changes:...more
In January 2014, Overstock.com became the first major online retailer to accept payment in bitcoin. Less than eighteen months later, Overstock is now the first company to offer qualified buyers the option of purchasing...more
On April 24, Overstock.com filed a Form S-3 with SEC for securities offerings up to $500,000,000. This filing is the first to propose offering digital securities, which the prospectus defines as “uncertificated securities,...more
In a recent filing with the Securities and Exchange Commission, Overstock.com, Inc. expanded its foray into world of digital currency technology. Announcing plans to issue digital securities, Overstock will be trailblazing...more
A first look at Overstock.com's proposal to use a Bitcoin-like technology to distribute and trade in digital securities....more
Overstock.com has been a leader in embracing digital currency, and now the company wants to embrace digital securities. On April 24th, Overstock.com filed a registration statement with the Securities and Exchange Commission...more
In a lengthy opinion issued yesterday, Justice Kathleen M. Banke explains naked short selling, describes the mechanics of executing and clearing stock trades, describes the SEC’s Regulation SHO, and recounts the SEC’s...more
H-W Tech., L.C. v. Overstock.com, Inc. - Addressing an attempt by a patent owner to assert a patent claim that was missing a material limitation, the U.S. Court of Appeals for the Federal Circuit affirmed a summary...more
Proofread your claims before you sue! - Even obvious clerical errors in patent claims can doom your lawsuit if not corrected before suit is filed. This was evident in H-W Technology, L.C. v. Overstock.com, Inc.,...more
The Bitcoin “Cryptocurrency” has gained momentum in the market, and some businesses, including Overstock. com and TigerDirect.com, now accept bitcoins as payment. Many others are wondering if Bitcoin is a good fit for...more