Costco

News & Analysis as of

“Super” Anti-Harassment Policy May Create Unanticipated Liability

Ordinarily, employers think of anti-harassment policies as a means of defending themselves against harassment claims rather than a source of liability. However, a recent decision from a U.S. District Court in Connecticut...more

Employer's "Super Policy" Against Harassment Requires Employer to Protect Employee Beyond That Which is Required by Law

A Costco employee suffered from Tourette's syndrome, and made complaints to management about the way his supervisors and others were treating him. He later filed charges with the Connecticut Human Rights Organization as well...more

A Few Workplace-Related Things We Can Be Thankful For

From a labor and employment law standpoint, I’m not sure we have a lot to be thankful for this year. But ’tis the season, so here are a paltry few...more

The World in US Courts - Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Fall 2014 - The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Summer 2014 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global...more

Privacy Monday – September 2014

Back to school, back to traffic jams … back to Privacy Mondays! Our look at bits and bytes and goofs and gaffes in data privacy and security....more

EEOC Sues Costco for Sex Discrimination

Federal Agency Says Warehouse Giant Fostered a Sexually Hostile Work Environment When It Failed to Protect Female From Stalking Customer - CHICAGO -- Warehouse retail giant Costco violated federal law by fostering a...more

Supreme Court Opinion Calls into Question Hundreds of NLRB Rulings

On Thursday, June 26, 2014, the Supreme Court issued its long-awaited Noel Canning decision (NLRB v. Noel Canning, 572 U.S. ____ (2014)), and invalidated President Obama’s January 2012 appointments of three individuals to the...more

What Does 'Noel Canning' Mean for the NLRB's Previously Decided Cases?

A comprehensive summary of the most significant previously-issued NLRB decisions up for reconsideration now that the U.S. Supreme Court has declared President Obama's recess NLRB appointments unconstitutional....more

Fair Use of GM’s Corvette Stingray?

While filling up my gas tank at our local Costco last week I coudn’t resist capturing this photo of pump signage to ask our dear readers a few pointed questions...more

Rebuking “Trial by Formula,” Federal Court Decertifies Rule 23(b)(3) Class Action

In Stiller v. Costco Wholesale Corp., No. 3:09-cv-2473-GPC-BGS, Plaintiffs Eric Stiller and Joseph Moro alleged that Costco’s loss-prevention closing procedures effectively “forced” employees to work off-the clock without...more

Is Tiffany Generic?

Genericide kills trademark rights. It has been alleged that “Tiffany setting,” encompassing the famous TIFFANY mark owned by Tiffany and Company (“Tiffany”), is merely a generic term for a type of engagement ring....more

Unconscious bias and subjective decision making, the practical and legal ramifications

On August 6, DLA Piper hosted a program addressing Unconscious Bias and Subjective Decision Making - The Practical and Legal Ramifications. Rachel Cowen and Margaret Keane, partners in DLA Piper's Employment practice,...more

Costco In Hot Water Again

Costco is in some hot water after being sued by Michael Kors....more

Trademark Review - Volume 3 | Issue 5 - May 2013

In This Issue: • In-N-Out Loses its Opposition Against In & Out Car Wash • Did Tiffany Catch Costco Red-Handed or Is “TIFFANY” Generic for Ring Settings? • RED GOLD® Is Revived on Appeal After Being Declared...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Tiffany & Co. v. Costco...

TIFFANY diamond engagement rings enjoy worldwide fame and recognition as the quintessential engagement ring. In 1886, Tiffany created the famous Tiffany setting, a simple six-prong open symmetrical arrangement that elevates...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2

In This Issue: Comments on New AIA Rules; Implementing the New Micro Entity Status at the U.S. Patent Office; Obama Administration Focuses on Chinese Trade Secret Misappropriation; and Tiffany & Co. v. Costco Wholesale...more

Social Media in the Workplace – Employers Must Now Comply With Strict NLRB Oversight

Section 7 of the National Labor Relations Act (“NLRA” or the “Act”), 29 USC § 157, protects both union and non-union employees who form, join and assist labor unions, participate in collective bargaining, and engage in “other...more

'Gray Market' Lawyer: Congress Won't Change Copyright Laws [Video]

April 9 (Bloomberg) -- Joshua Rosenkranz, head of the Supreme Court and Appellate Litigation practice at Orrick, Herrington & Sutcliffe LLP, talks with Bloomberg Law's Spencer Mazyck about obtaining a landmark victory from...more

My Namesake Sues To Protect Its Famous Mark

Coincidentally (or perhaps by design), Tiffany and Company (“Tiffany”) filed suit on Valentine’s Day against Costco Wholesale Corporation (“Costco”) to protect its trademark with respect to engagement rings. We know from our...more

Social Media Policies And The NLRB: What Employers Need To Know

Social media policies. Chances are your company has one, is in the process of drafting one, or is worried about not having one. Employees continue to gripe about their jobs and their bosses on Facebook, as states like...more

Obama Administration’s Recess Appointments to the NLRB Declared Unconstitutional: All NLRB Decisions Since January 2012 Overturned

In Noel Canning v. NLRB, the D.C. Circuit Court recently ruled that President Obama lacked the authority to make three recess appointments to the five-member National Labor Relations Board (NLRB), rendering the recess...more

Recess Appointments To Board Invalid - Summary Of Affected Decisions

The United States Court of Appeals for the District of Columbia Circuit issued an order on January 25, 2013, which struck, as unconstitutional, President Obama's recess appointments to the National Labor Relations Board...more

NLRB Issues Pair of Decisions Limiting Employer Discipline and Policies Regarding Social Media

The National Labor Relations Board (NLRB) recently issued a pair of decisions helping to clarify the limits on employers’ ability to (1) discipline employees for their social media activities and (2) implement confidentiality...more

Dynamic Year Expected in Labor and Employment Law

President Obama's re-election, a newly active NLRB, and important decisions pending before the Supreme Court promise to make 2013 an interesting year in labor and employment law – domestically and internationally. Here is a...more

Labor Letter, January 2013: Has The NLRB Outlawed Courtesy?

The National Labor Relations Board (NLRB) has attracted attention in recent years for its scrutiny of employer rules and policies regulating conduct of employees – including employees who are not represented by unions or...more

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