Content about Company Legal Issues

New York -- A New York judge on Thursday rejected a request by Macy's to block J.C. Penney from selling Martha Stewart goods under the "JCP Everyday" label for now, while it appeals a ruling allowing the sale. An order temporarily barring Martha Stewart from selling goods branded with her name at J.C. Penney's is still in place.

New York -- Terry Lundgren, CEO of Macy’s, took the stand on Monday to testify in the trial of two Macy's lawsuits regarding the deal between J.C. Penney Co. and Martha Stewart Living Omnimedia Inc. The long-awaited trial began last Wednesday, in New York Supreme Court.

The trial is about whether Macy’s has the exclusive right to sell Martha Stewart branded cookware, bedding and certain other products.
 

Washington, D.C. -- On Tuesday, a majority of named class plaintiffs filed a notice of appeal to challenge a ruling from the U.S. District Court for the Eastern District of New York granting preliminary approval to a proposed settlement of a long-standing antitrust class action filed by merchants against Visa, MasterCard and the largest banks. The merchant group will ask the U.S. Court of Appeals for the Second Circuit to deny preliminary approval due to the legal defects in the proposed settlement.
 

New York -- Bloomberg reported Thursday that Macy’s Inc. has filed suit against J.C. Penney Co. in New York state court over the rights to sell products branded by Martha Stewart Living Omnimedia Inc. in their respective department stores.

Macy’s sued Martha Stewart Living in January to stop it from executing a sales agreement with J.C. Penney, as Macy’s claimed an exclusive right to sell Martha Stewart products in certain categories.

New York -- A Monday report by Reuters said that New York City's pension funds have filed a derivative lawsuit against Wal-Mart Stores Inc. based on reported allegations of bribery in Mexico and a possible cover-up by Wal-Mart officials.
 
The suit, filed in Delaware Chancery Court, alleges that Wal-Mart's officers and board of directors breached their fiduciary duty to both the company and shareholders by failing to properly handle claims of alleged bribery and apparently attempting to cover up details of the issue.

New York -- Microsoft Corp. and Barnes & Noble have entered into an agreement by which Microsoft will invest $300 million in Barnes & Noble’s digital-book (Nook) business and college texts unit.

With the arrangement, Barnes & Noble's digital and college businesses will become a new, still-to-be-named subsidiary in which Barnes & Noble holds an 82.4% stake and Microsoft owns 17.6%. The agreement also means the two companies have settled their patent dispute.

By Julie S. Lucht, JLucht@perkinscoie.com

The following excerpts are from the Workplace Class Action blog of Seyfarth Shaw LLP, one of the nation’s leading national employment and labor law firms. (To read the full posting, go to workplaceclassaction.com)

Today, the U.S. Supreme Court issued its long-awaited and much anticipated opinion in Dukes, et al. v. Wal-Mart Stores, Inc. The Supreme Court reversed, and ruled in favor of Wal-Mart.

New York City -- A report released Tuesday by Bloomberg said that Barnes & Noble has filed suit against LSI Corp. to prevent the chipmaker from demanding patent royalties on sales of the bookseller’s Nook digital reader.

According to the report, the suit is a preemptive strategy by Barnes & Noble, as LSI had previously notified the retailer of intentions “to pursue claims of infringement of the LSI patents,” according to the complaint filed Monday in federal court in San Francisco.

Dallas -- A Wall Street Journal report on Monday said that, according to court filings, Blockbuster will start closing 186 more stores by the end of the month, bringing the number of its U.S. locations closed or slated for closure to 1,145, or more than a third of its total, since the video-rental chain filed for bankruptcy protection in September.

In filings Friday with the U.S. Bankruptcy Court in Manhattan, Blockbuster said it will reject the leases on 186 of its stores by March 31.

Dover, Del. -- The Delaware Supreme Court has rejected an appeal by billionaire Ron Burkle in a lawsuit challenging a poison pill plan adopted by Barnes & Noble after he doubled his stake in the company.

After hearing arguments Wednesday, the court on Thursday affirmed a judge's ruling last year upholding the poison pill plan, which limited a shareholder's stake in the company to 20%.

New York City -- A federal appellate court in California has dismissed a lawsuit filed against Pier I by a disabled patron who claims he was unable to navigate the company’s store in Vacaville, Calif., because of architectural features that inhibited his movement, according to Dallas Business Journal.