News & Analysis as of

Overstock.com Retailers

ArentFox Schiff

Overstock.com Conceals Abandoned Gift Card Balances

ArentFox Schiff on

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

Eversheds Sutherland (US) LLP

Delaware jury finds retailer liable for gift card breakage in qui tam escheat litigation

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

Bradley Arant Boult Cummings LLP

Potential Impact on Alabama If U.S. Supreme Court Approves South Dakota Economic Nexus Statute

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

BCLP

States Urge Reversal of Physical Presence Rule That Bars Collecting Sales Tax From Online Retailers

BCLP on

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

Goodwin

Overstock Issues First Cryptosecurity

Goodwin on

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

Butler Snow LLP

From the Wild West to SEC Regulation: Overstock.com’s Proposed Digital Securities and the Lessons of Bitcoin

Butler Snow LLP on

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

Dorsey & Whitney LLP

Overstock Under Scrutiny: Does This Recent Decision Represent a New Wave of California Litigation for Sellers of Consumer Products...

Dorsey & Whitney LLP on

It is not often that a decision from a California trial court receives or deserves as much attention as the recent tentative decision issued by Alameda County Superior Court Judge Wynne Carvill in the State’s case against...more

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