Legal

Home Depot Settles Paints Suit
April 3, 2013

Home Depot announced that it has reached a tentative agreement in March to settle California lawsuits related to the sale of paints and coatings. The company's recent 10-k filing with the Securities and Exchange Commission report followed up on 2010

Overstock.com Eyeing Supreme Court Appeal of N.Y. Internet Tax Decision
March 29, 2013

Overstock.com is considering a U.S. Supreme Court appeal of the ruling handed down yesterday by the New York Court of Appeals in its case contesting the constitutionality of New York's affiliate tax laws. The company states that, while unfortunate, the decision will have no impact on its operations. The New York law passed in 2008 was aimed at conscripting out-of-state retailers to collect New York and local sales taxes if the retailers used the services of New York-based internet advertisers for banner and other types of internet advertising. 

Shoe Co. Accuses Under Armour of Trademark Infringement
March 26, 2013

California footwear maker Gravity Defyer Corp. accused Baltimore-based Under Armour of trademark infringement in a lawsuit filed Monday in federal court. The maker of shock-absorbing athletic, casual and dress shoes says in the lawsuit filed in U.S....

The ZIP Code Collection Debate Rages On
March 21, 2013

As of last week, two states have now declared that asking for customers’ ZIP codes in-store at the point of sale violates their privacy laws. The Massachusetts Supreme Judicial Court ruled last week that retailers that record customers’ ZIP codes when they make credit card transactions can be sued under Massachusetts consumer privacy law because they're retaining personal identification information. California's Supreme Court made a similar ruling in 2011.

Retailer Sues Visa Over $13 Million ‘Fine’ for Being Hacked
March 12, 2013

Genesco, a sports apparel retailer, is fighting back against the arbitrary multimillion-dollar penalties that credit card companies impose on banks and merchants for data breaches by filing a first-of-its-kind $13 million lawsuit against Visa. The suit takes on the payment card industry's powerful money-making system of punishing merchants and their banks for breaches, even without evidence that card data was stolen.

Oops: Century 21 is Outed for Mislabeling Fur Products
March 12, 2013

The Humane Society of the United States led an investigation intoCentury 21's e-commerce site and inside two New York City locations, and found that the retailer sells several animal fur garments in violation of state and federal fur labeling laws. The HSUS press release explains

PayPal Shoots Back Over Home Depot Lawsuit
March 8, 2013

PayPal said Wednesday it would defend the Home Depot, which is being sued over its use of PayPal in its brick-and-mortar stores. PayOne filed a patent lawsuit against The Home Depot on Tuesday for its deployment of PayPal's point-of-sale system. Home Depot Spokesperson Stephen Holmes said on Wednesday they had not yet seen the suit so the retailer could not comment.

Hot Topic Takeover Sparks First Lawsuit
March 8, 2013

The law office of Brodsky & Smith said it's investigating potential claims against the Hot Topic board of directors related to the proposed acquisition by Sycamore. The law firm claims that while, under the proposed terms, Hot Topic shareholders would receive only $14.00 per share; one analyst has set a $16.40 per share price target for Hot Topic stock. Brodsky & Smith says the focus of its investigation will revolve around whether the Hot Topic board of directors failed to conduct an adequate and fair sales process prior to agreeing to the deal with Sycamore.

Home Depot Sued Over PayPal Deployment
March 7, 2013

PayOne filed a patent infringement lawsuit on Tuesday against The Home Depot over its use of PayPal's point-of-sale system, which lets customers check out using PayPal at retail store locations. In the complaint, PayOne alleges that "Home Depot has indirectly infringed and continues to indirectly infringe the '500 patent by ‘knowingly and actively inducing others to infringe by intentionally aiding, assisting and encouraging the infringement of its customers through the PayPal In-Store Checkout System.’"

Martha Stewart Blames Macy's for Not Doing More to Grow Business
March 6, 2013

Yesterday, the court heard Martha Stewart's side of the story, including her reaction when Macy's CEO Terry Lundgren hung up on her. In an emotional testimony, Lundgren described hanging up on Stewart after she revealed that Martha Stewart Living Omnimedia had struck a deal with J.C. Penney. The court saw a list of points that Stewart was to cover in the conversation, but she insists she wasn't reading a prepared statement as Lundgren had thought.