News & Analysis as of

JCPenney

Robins Kaplan LLP

Financial Daily Dose 9.10.2020 | Top Story: EU Regulators Challenge Facebook Data Transfers

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New concerns from Ireland’s Data Protection Commission about Facebook’s protection of information from American government surveillance may soon force the social networking giant to “overhaul its operations to keep data on...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – July 2020 #10

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In Washington: The White House denies that it is trying to undermine the nation’s top disease expert, Dr. Anthony Fauci. Today the President’s trade advisor, Peter Navarro blasted Dr. Fauci’s handling of the coronavirus in...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – June 2020 #5

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In Washington - House Republicans sent a letter to leadership asking that unemployment benefits be excluded from the next coronavirus relief package. Rep. James Comer (R-TN) said “Numerous employers in my home state of...more

Robins Kaplan LLP

Financial Daily Dose 5.19.2020 | Top Story: US Markets Surge on Hopes for Covid-19 Vaccine

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Optimism over promising results for a coronavirus vaccine from Moderna helped drive stocks up on Monday after a rough go of it last week....more

Robins Kaplan LLP

Financial Daily Dose 5.18.2020 | Top Story: Uber Eliminates 3,700 Jobs

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Uber Technologies Inc. will eliminate 3,700 jobs. This equates to the company shedding a quarter of its workforce. Rumors are also circulating that Uber “is in talks to buy rival Grubhub Inc.”....more

Goulston & Storrs PC

What’s Old is New Again: Department Stores Partner with Online-Only Secondhand Apparel Companies

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Apparel merchandisers are predicting that resale will soon become a force in the industry and retailers are beginning to take notice. Increasingly, young shoppers are turning to online, resale and rental for their clothing...more

Locke Lord LLP

Delaware Court of Chancery Puts Supreme Court Caremark Claim Decision in Context

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On July 29, 2019, the Delaware Court of Chancery dismissed an action against the directors of J.C. Penney Company, Inc. alleging failure of oversight because of the plaintiff’s failure to make a demand on the board before...more

Hogan Lovells

Seller Beware: Advertising "On Sale" Pricing Can Lead to Legal Trouble

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A wave of recent putative class action cases alleging violations of federal pricing guidelines and the consumer protection laws of various states is having a major impact on the retail sector. ...more

Manatt, Phelps & Phillips, LLP

Advertising Law - February 2017 #2

Uber’s Earnings, Financing Claims Crash Into FTC - For exaggerating claims about earnings potential and automobile financing, Uber has agreed to pay $20 million in a deal with the Federal Trade Commission. According...more

Troutman Pepper

July 2016 Independent Contractor Misclassification and Compliance News Update

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Four of the five independent contractor (IC) misclassification cases reported below from July 2016 illustrate how companies continue to fail to structure, document, and implement a business’s IC relationships in a manner that...more

Troutman Pepper

Federal Court in Georgia Holds Specific Contractual Intent to Benefit Required for Tenant to Be Third-Party Beneficiary of...

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J.C. Penney Props. v. Hiram LL, LLC, 2016 U.S. Dist. LEXIS 8027 (N.D. Ga. Jan. 25, 2016) - In January 2008, Hiram LL, LLC (“Hiram”) leased property to J.C. Penney Properties, Inc. (“J.C. Penney”) for the construction and...more

McGuireWoods LLP

Deceptive Pricing Class Actions Against Major Retailers on the Rise

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Major retailers recently have faced a spate of class-action complaints alleging that they have engaged in misrepresentations and false advertising through the deceptive use of a marketing strategy known as “price anchoring,”...more

BakerHostetler

Class Certification of California Price Advertisement Case Gives Cause for Concern

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A recent class certification decision in California involving challenges to a retailer’s price comparison advertisements should prompt retailers to carefully evaluate their sale advertising practices. Whether comparing to...more

Cooley LLP

Sears’ New $400 Million Secured Loan: Another Sign of Trouble at the Venerable Retailer?

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Last year, the 112-year old retailer J.C. Penney was regularly in the news – and it was rarely good. The stock was in a free-fall, in the process of dropping from about $20 per share in May 2013 to a low of a little more...more

U.S. Equal Employment Opportunity Commission...

J.C. Penney Corporation to Pay $40,000 to Settle EEOC Pregnancy Discrimination Suit

Federal Agency Charged Department Store Denied Employment to Pregnant Job Applicant - ATLANTA - J.C. Penney Corporation, Inc., a major retailer operating throughout the United States, will pay $40,000 to an employee to...more

Pierce Atwood LLP

You Can't Always Get What You Want: D. Mass. Awards Small Fraction Of Requested Attorneys' Fees In ZIP Code Class Settlement

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In an opinion reminiscent of the famous Rolling Stones song, Judge Richard Stearns on December 26th awarded plaintiffs' class counsel fees of $75,959.00 of a requested amount of $450,000 for work performed in connection with...more

Morrison & Foerster LLP

Bill Ackman’s Resignation from J.C. Penney Board Serves as Reminder of Challenges for Both Activists and the Boards They Sit On

In the March issue of Unsolicited Views, we published an article entitled “Practical Tips on Board Confidentiality.” In that article, we warned that “the increasing number of board members selected by activists and other...more

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