Legal

Eddie Lampert Giving Sears a $400M Loan
September 16, 2014

Sears Holdings Co. is getting a $400 million secured short-term loan from the hedge fund of its chief executive, Eddie Lampert, with real estate as collateral, the company said Monday in a filing with the Securities and Exchange Commission. The loan, half of which was funded Monday and the other half at the end of this month, will come due at the end of this year, though the maturity date can be extended to Feb. 28 as long as there's no event of default. 

Lindsay Lohan Sued by Fashion E-Commerce Startup for Allegedly Stealing Their Idea
September 10, 2014

Lindsay Lohan and her brother, Michael Jr., are being sued by Fima Potik for allegedly stealing the concept for a celebrity-meets-fashion e-commerce site. After getting out of rehab, Lohan and her brother collaborated with Potik on an e-commerce concept that allowed users to shop the "virtual closets" of friends and celebrities, with those involved receiving a cut of the profits. The concept, known as Spotted Friend, was mentioned by Lohan on Twitter in July 2013, and the website at one point stated that it was a "Fima Potik & Lindsay Lohan Production." 

Crate and Barrel Settles Dispute Over Product Labeling
September 10, 2014

The Harris Tweed Authority (HTA) has settled a dispute with Crate and Barrel over its labeling of a design of chairs. Euromarket Designs Inc. offered for sale a Harris Tweed Chair and Harris Herringbone Chair on its Crate and Barrel website. The products however weren't made from Harris Tweed, a fabric hand-woven on the Western Isles and protected by U.K. law. The HTA said it has secured a "monetary settlement" and assurances the items wouldn't be marketed as Harris Tweed.

Home Depot Already Faces Breach Lawsuit
September 8, 2014

Home Depot has been hit with a class-action lawsuit stemming from a suspected data breach at the home improvement retailer. While one legal expert portrays the lawsuit as premature because the investigation is still under way, another says the filing was made because it's highly likely the breach will be confirmed. The lawsuit, filed Sept. 4 in the U.S. District Court for the Northern District of Georgia, alleges that the retailer failed to meet its legal obligation to protect customers’ credit card and personal information. It also accuses Home Depot of not notifying its customers about the alleged breach.

eBay Warns Online Sales Tax Bill Could Return in Senate
September 8, 2014

As lawmakers return to Washington for the fall congressional session, eBay is warning that members of the Senate could renew the push to enact legislation authorizing the collection of sales taxes on online purchases. The e-commerce heavyweight, one of the most vocal opponents of the sales tax proposal, is cautioning online sellers that supporters of the Marketplace Fairness Act (MFA) are attempting to roll that bill into another, less controversial measure to extend the ban on taxing internet access. The Senate passed the MFA as a standalone bill last May, but the House hasn't taken up the measure.

LVMH Ends Legal Spat With Google Over Counterfeit Searching
September 4, 2014

LVMH Moet Hennessy Louis Vuitton SA ended a longstanding dispute with Google, agreeing to work with the world's largest search engine to help prevent vendors from advertising counterfeit goods online. LVMH had accused Google of violating its trademark rights by selling protected words as keywords that then link users to websites selling counterfeit items when they search under the French company's brands. Google in 2010 allowed the practice, following a European Union court ruling, bringing the company's policy in Europe in line with company rules in about 190 countries. 

Judge Approves eBay Settlement With DOJ Over No-Poaching Deal
September 3, 2014

A U.S. judge on Tuesday approved a settlement between federal antitrust authorities and eBay over allegations that eBay agreed to refrain from soliciting a rival company's employees. Under the deal, announced earlier this year, eBay said it wouldn't make deals with other technology companies about poaching each others' employees. U.S. District Judge Edward Davila approved eBay's agreement with the U.S. Department of Justice in a brief order. Hiring in Silicon Valley has been increasingly scrutinized. Six companies, including Apple and Google, settled with federal authorities in 2010 over nonsolicitation deals, without paying money. 

Seller Sues eBay for Alleged ‘Buyer Always Wins’ Policy
August 25, 2014

An eBay seller filed a class-action lawsuit against eBay and PayPal for, among other things, breach of contract and unfair business practices, alleging that eBay has created a "buyer always wins" policy to the detriment of sellers, and touching upon several eBay and PayPal practices that are commonly criticized by sellers. The lawsuit alleges eBay fails to refund 100 percent of sellers’ fees when a transaction isn't completed, and alleges that PayPal deprives sellers access to their money by placing 21-day holds and reserves on sellers’ funds.

Macy’s to Pay $650,000 to Resolve Bias Inquiry
August 20, 2014

After an 18-month investigation, Macy's has agreed to pay a $650,000 fine and hire an independent monitor to address complaints that minority shoppers faced heightened surveillance and, in some cases, wrongful detention at its flagship store in Midtown Manhattan. The investigation, conducted by the state attorney general's office, reviewed the internal "loss prevention" procedures employed by Macy's at its Herald Square store as well as allegations that black and Hispanic shoppers were unfairly targeted by security officials. The inquiry found that Macy's "detained African-Americans, Hispanics and other minorities for allegedly shoplifting at significantly higher rates relative to whites."

NRF Asks U.S. Supreme Court to Review Swipe Fee Ruling
August 19, 2014

The National Retail Federation (NRF) on Monday told the U.S. Supreme Court that the debate over debit card swipe fees is "of staggering importance" and asked the justices to review a ruling that left the Federal Reserve's cap on the billions of transactions conducted each year at 21 cents rather than reducing it to a lower level. "There's so much at stake here for U.S. retailers and their customers that we have no choice but to pursue this case as far as possible," NRF Senior Vice President and General Counsel Mallory Duncan said.