Longtime Barnes & Noble employee Barbara Tavres, 59, filed suit against the bookseller in the US District Court in Northern California, seeking class action status and alleging age discrimination. After working for B&N in community relations since 2006, most recently at a bookstore in Emeryville, CA — during a career of positive performance reviews that included winning their Above & Beyond award in 2016 — Tavres was told she was being terminated on September 9. She charges that earlier that same day, her district manager Phil Alexander and “other management-level Barnes & Noble employees had participated in a recurring weekly […]
Legal
Anonymous Whistleblower Squeals to Congress — On Amazon Antitrust Allegations
The House Judiciary Committee’s rambling inquiry into Amazon’s business practices may have flushed out a tattle-tale merchant of scale articulating allegations of a valid antitrust accusation against the company. Or at least that is Bloomberg’s read of the 62-document: “It accuses Amazon of ‘tying’ its marketplace and logistics services together, an antitrust violation in which a company uses dominance in one market to give itself an advantage in another market where it’s less established.” Importantly, the merchant alleges that Amazon’s own fulfillment services are more expensive than competitors’ — and slower — which forces sellers to raise prices, harming consumers. […]
Lawsuit Against Media Men List Creator Hits a Wall
Stephen Elliott’s lawsuit against Media Men list creator Moira Donegan appears to be on life support, after Magistrate Judge Sanket Bulsara denied his request to order defendant Moira Donegan to unmask the Jane Does who Elliott claims defamed him — info she has already said she doesn’t have. Judge Bulsara said that there was no cause, given that there was already a fully briefed motion, as well as an amended complaint, ready for Judge Lashann DeArcy Hall to rule on. Even if Donegan was served discovery, Judge Bulsara said, there was little reason to think she would produce the same […]
For Your Lawyers: Internet Archive’s Wikipedia Deal Raises Profile of Disputed Online Lending
Since 2010 the Internet Archive has built a massive online lending library of over 1 million titles based on a disputed (or invented, depending upon your perspective) view of copyright: They have scanned books from libraries, including a significant corpus of recent, in-copyright books, and lend the digital versions on the same one-lend-at-a-time-per-copy rule that publishers impose on ebooks that they lawfully license to library customers. The IA calls this “controlled digital lending,” which has been vigorously disputed in recent years by publishing organizations including the SFWA, the Authors Guild, and the AAP. That challenge may become more urgent now […]
Judge in Parneros v. Barnes & Noble Discourages Bookseller’s “Risky Motion”
Attorneys in Parneros v. Barnes & Noble sat before Judge John Koeltl as the business day closed November 4 to discuss Barnes & Noble’s intent to move for summary judgement on two of its former ceo’s three claims — defamation and breach of covenant of good faith and fair dealing. Judge Koeltl called it “a risky notion” more than once, noting that the mere fact of the timing of his termination — 2 weeks before contractual benefits were due to accrue — gives credibility to the fair dealing claim, whatever board members might have said so far in discovery. Koeltl […]
Hachette Book Group Fends Off A Justice Department Attempt to Unmask Anonymous
The head of the Department of Justice’s Civil Division Joseph Hunt wrote to Hachette Book Group general counsel Carol Ross, as well as literary agents Matt Latimer and Keith Urbahn at Javelin, trying to unmask the author of the forthcoming book A WARNING, by Anonymous. The DOJ wants to know if the author is potentially subject to pre-publication review as part of their Federal employment. But as has been reinforced in recent instances, from Edward Snowden’s book (which the government is suing over) to Amaryllis Fox’s book (in which so far they appear to have given her a pass for […]