Legal

Warner Bros. Suing Amazon Sellers for Copyright Infringement
September 26, 2012

Warner Bros. has refreshed its legal campaign against Amazon.com sellers it's accusing of selling unauthorized copies of its films and television shows in violation of the company's intellectual property rights. In a wave of lawsuits filed earlier this month, the entertainment giant charged a bevy of Amazon sellers with copyright infringement over the sale of its titles in the DVDs and BluRay formats.

Retail Fraud Taking a Greater Financial Toll, Study Finds
September 19, 2012

Retailers incurred $2.70 in costs for every dollar in fraudulent transactions, according to the fourth annual LexisNexis True Cost of Fraud Study. The study uses the LexisNexis Fraud Multiplier, which calculates the "true cost" of fraud incurred by merchants. That cost incorporates chargebacks for merchandise, the fees and interest to financial institutions and payment processors as well as any replacement, redistribution or restocking fees incurred by a merchant. The study also reveals that retailers who offer mobile payments, e-commerce and sell internationally are becoming greater targets for fraud.

DSW Awarded $7.2 Million for Credit Card Breach
September 14, 2012

DSW said Thursday that it has been awarded $7.2 million as a result of litigation with its insurance carrier stemming from its credit card data breach in 2005. The $7.2 million award represents damages plus accrued interest.

Miles Kimball to Pay $95K to Settle Discrimination Lawsuit
September 13, 2012

An Oshkosh, Wis.-based catalog company has been ordered to pay $95,000 to settle a discrimination lawsuit. The U.S. Equal Employment Opportunity Commission (EEOC) says Miles Kimball discriminated against a deaf worker. The EEOC says Laura Nejedlo asked to be trained in sign language for a new software program in 2007, but was turned down. Nejedlo says she was fired the next year, after 13 years with the company.

Retail Group Says it Opposes Card Fee Settlement
September 12, 2012

The National Retail Federation is opposing a proposed $7.25 billion settlement that Visa, MasterCard and major banks have agreed to pay retailers for alleged fee fixing. The retail trade association said Tuesday that its board has given approval for it to go to court to try to block the settlement. The NRF, which is not a party to the lawsuit that led to the settlement, says it is unsure whether outside groups will be allowed to intervene, or if the case qualifies as a class action.

Mississippi High Court Rules Wal-Mart Not Responsible for Selling Ammo to Minor
September 10, 2012

The Mississippi Supreme Court has ruled 5-4 that Wal-Mart Stores Inc. is not liable for selling bullets to an underage customer who then used the ammunition to commit murder. The lawsuit was filed by the relatives of Robert Williams, who was shot and killed by his girlfriend's son in 2006. The son, Xavier Zurndell Moore, was 20 years old at the time, and shot Williams with ammunition purchased at a local Walmart store. Federal law requires that a person be 21 to buy pistol ammunition.

A Cost-Effective Approach to Online Fraud Protection for Retailers
September 10, 2012

Did you know that the incidence of online fraud is growing in the U.S.? And that more than 60 percent of business leaders recently surveyed by Bit9, a provider of trust-based solutions, believe they will be the target of a cyber attack in the next six months.

DSW Entitled to $6.8M in Data Breach Involving 1.4M Cards
September 4, 2012

A 2005 data breach that exposed transaction information from 1.4 million credit cards entitles DSW Designer Shoe Warehouse to $6.8 million in insurance coverage, according to a recent federal appellate court ruling. The award was made despite the fact that the retailer had not suffered losses directly attributable to the theft. The insurance company, National Union, a unit of New York-based Chartis, had alleged in part that it was not obligated to provide coverage because DSW "had not sustained loss 'resulting directly from' the theft of the computer information," making it an uncovered "indirect loss."

Pennsylvania's Sales Tax Push Puts Heat on Online Retailers
September 4, 2012

Pennsylvania's push to force online retailers to collect sales taxes has hit serious pay dirt โ€” a commitment to do so by internet giant Amazon.com โ€” but the struggle is far from over. Gov. Tom Corbett is eager to collect tens of millions of dollars in new state revenue without technically raising taxes. But consumers still look for tax-free merchandise on the internet and sellers are happy to fill the orders, pocketing profits while Pennsylvania's brick-and-mortar retailers are sandbagged by taxes they cannot evade.

Macy's Judge Says He Will Deny Bid on Martha Stewart, J.C. Penney Pact
August 31, 2012

A bid by Macy's to stop JC Penney Co. from selling products designed by Martha Stewart Living Omnimedia Inc. will be denied, a New York judge said after a hearing. Justice Jeffrey Oing in Manhattan today said he will rule against Macy's request for a preliminary injunction blocking JC Penney from taking any steps under an agreement reached with Martha Stewart Living last year. Macy's sued Martha Stewart Living in January to stop it from executing a sales agreement with JC Penney announced in December, with Macy's claiming an exclusive right to sell Martha Stewart products in certain categories.