News & Analysis as of

Breach of Contract Retailers

Holland & Knight LLP

The Real Estate and Corporate Restructuring Connection, Plus Retail Restructuring Trends

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The transition to online shopping, interest rate increases, labor costs, maturing debt and rising inflation have collectively taken a significant toll on the retail industry, contributing to store closures and a growing...more

Foley & Lardner LLP

Federal Court Deals with Personal Jurisdiction and Choice of Law Issues

Foley & Lardner LLP on

In Luxury Concepts, Inc. v. Bateel International, LLC, a franchisee, Luxury Concepts, Inc. (LCI), sued a retail outlet and e-commerce franchisor, Bateel International LLC (Bateel), as well as multiple Bateel directors in...more

Venable LLP

Supply Chain Surcharges? Plaintiffs Say You Better Not Conceal Them

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​​​​​​​Supply chain disruptions and accompanying inflation for raw materials have challenged many businesses. A recent case involving paint retailer Sherwin-Williams shows how not to deal with these challenges....more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - September 2021, Volume I, Issue IX

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CASES OF NOTE - UPHILL BATTLE FOR RETAIL CANNABIS APPLICANTS  - Mederi, Inc. v. City of Salem, 488 Mass. 60 (2021) Summary: In Mederi, Inc. v. City of Salem, the Massachusetts Supreme Judicial Court grappled with...more

Cadwalader, Wickersham & Taft LLP

Summer's Coming, May 2021 | Issue No. 24 - COVID-19 Update: Can't Lose What You Never Had: Court Rejects All Legal Theories...

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

Goulston & Storrs PC

Law of the Land – Real Estate Litigation Newsletter - February 2021, Volume 1, Issue VI

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CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed...more

White & Case LLP

How do we fare in Real Estate during the South African lockdown and beyond

White & Case LLP on

Declared by the World Health Organization on 11 March 2020 as a global pandemic, the Coronavirus outbreak ("COVID-19") is having far-reaching consequences for all states affected by this pandemic. Amidst the lockdowns and...more

Seyfarth Shaw LLP

Difficult Leasing Decisions for Tenants During the Coronavirus Crisis

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Disruptions from the coronavirus (COVID-19) pandemic will have a lasting impact on industries worldwide. Commercial real estate tenants are being forced to make difficult decisions to adapt to these sudden changes, especially...more

Schwabe, Williamson & Wyatt PC

COVID-19: Force Majeure in Manufacturing, Distribution, and Retail; and Food and Beverage

Companies in the manufacturing, distribution, and retail sector are analyzing how to best navigate these unprecedented times. The Centers for Disease Control (CDC) and the World Health Organization (WHO) have worked to...more

Seyfarth Shaw LLP

Another Court Takes A Bite Out Of Forum Shopping: Plaintiffs Must Bring Nationwide Class Claims Where Defendants Are Incorporated...

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Seyfarth Synopsis: In the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773, 1780 (2017), numerous district courts across the country have ruled that they...more

Carlton Fields

The Third Circuit Affirms District Court’s Confirmation of Arbitration Award, Finding That the Panel Did Not Exceed its Powers or...

Carlton Fields on

In sum, this case stems from a 2007 lease agreement between Ross Dress for Less, Inc. (“Ross”) and VIWY, L.P. (“VIWY”) for Ross to be a tenant in VIWY’s shopping center....more

Farrell Fritz, P.C.

When big retailers go bankrupt - Long Island landlords, vendors and others are impacted

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Farrell Fritz Attorney Patrick Collins was quoted in this Long Island Business News Article. The parade of retailers filing for bankruptcy marches on as consumer shopping habits continue to evolve and e-commerce keeps...more

Proskauer Rose LLP

Three Point Shot - December 2017

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Showdown over Mayweather – McGregor Streaming Glitches Knocked out of District Court - All boxing fan Victor Mallh ("Mallh" or "Plaintiff") wanted for the holidays this year was a chance to stand toe-to-toe with...more

BCLP

EU Retail News - November 2017

BCLP on

From 2 January 2018, the rules on how you can portray under-18s in advertising will get stricter. Marketing communications in non-broadcast media (including newspapers, direct marketing communications, posters, online...more

Knobbe Martens

Unlicensed Use of a Festival Name May Result in a Not-So-Festive Trademark Lawsuit

Knobbe Martens on

Music festivals, film festivals, food festivals….festivals are popular venues for entertainment and each festival strives to offer the consumer a unique experience. Of course, at most festivals, clothes must be (or should be)...more

Pierce Atwood LLP

When you get what you pay for: the First Circuit examines the injury requirement under Massachusetts chapter 93A.

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On July 26th, the First Circuit issued rulings in putative consumer class actions brought by the same attorney against two national department store chains, challenging their allegedly deceptive use of comparative pricing on...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Rejects Collateral Promise Argument as a Basis for a Fraudulent Inducement Claim

In a recent decision, Justice Anil Singh of the Commercial Division dismissed a counterclaim asserted by Visa against Wal-Mart for fraudulent inducement. According to Justice Singh, Visa’s allegations failed to satisfy the...more

Bryan Cave Leighton Paisner

2016 Data Breach Litigation Report

Data security breaches – and data security breach litigation – dominated the headlines in 2015 and continue to do so in 2016. Continuous widely publicized breaches have led to 30,000 articles a month being published that...more

Manatt, Phelps & Phillips, LLP

Advertising Law - January 2015 #2

Safeway Must Pay Customers for Higher Online Prices - A California federal court judge has ruled in a breach of contract suit that Safeway is liable to customers who paid more for items online than in the store. ...more

Burns & Levinson LLP

Don’t Overlook The Need to Show Irreparable Harm When Seeking Injunctive Relief to Enforce a Non-Compete

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When seeking preliminary injunctive relief to enforce a non-compete, the moving party is often focused on how obvious it is that the defendant breached the parties’ agreement. As 7-Eleven recently learned, however, even when...more

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