Internet Retailers

News & Analysis as of

Retail Practice Alert - March 2017: Developments in Website Access Litigation and New Focus for Plaintiff's Bar—Is Your In-Store...

Retailers facing Americans with Disabilities Act (“ADA”) claims may be out of frying pan, but into the fire in light of recent developments. Out of the Frying Pan: Gomez v. Bang & Olufsen America, Inc., No. 16-cv-23801...more

Leveraging Digital Tech to Make Brick and Mortar Retail A Destination

With a growing percentage of retail sales shifting online, brick-and-mortar retailers are adopting novel approaches to enrich the experience of avisit to their stores. In some cases, stores are using novel technologies...more

EU Competition Newsletter – February 2017

Portugal Asks European Court to Determine the Criteria Required for Discriminatory Pricing to Be an Abuse Under Article 102 of the Treaty on the Functioning of the European Union - Portuguese Court has asked the...more

The Ascendency of Accessibility: Surge in Website Lawsuits Continues

The proliferation of accessibility lawsuits under Title III of the Americans with Disabilities Act (ADA) has not abated. It is well-documented that ADA-related litigation increased by 37% from 2015 to 2016, which is...more

Best in Law: How You Can Combat Chinese Counterfeits

Counterfeit products can create significant problems for businesses. Chinese counterfeiting costs foreign businesses billions of dollars a year in lost profits, according to an ABC News report last year. Counterfeiting...more

Your Daily Dose of Financial News

We’ve talked a fair amount about the switch to chip & pin card systems over the past few years. But how about a lack of cards altogether? Because that’s what the banks have in mind....more

Amazon Go Might Be the End of Check-Out Lines

For anyone who has ever waited in a long line at the grocery story, Amazon hopes it has a solution. In December, Amazon launched its new Amazon Go grocery store in Seattle. Amazon Go is not a typical supermarket: it has no...more

European Commission Opens Investigation into Suspected Price Restrictions by Electronic Goods Producers

Following the recent warning by the European Commission (“Commission”) in its Preliminary Report on the e-Commerce Sector Inquiry, the Commission has announced that it has launched a full fledged investigation into four major...more

Disclose and Follow Standards for Collection and Sharing of Customers’ Online Behavioral Data

Many retailers engage in behavioral advertising, which refers to the use of information to predict the types of products or services of greatest interest to a particular consumer. Online behavioral advertising takes two...more

Massachusetts Governor Charlie Baker May Propose Unconstitutional Sales Tax Collection Responsibility on Remote Sellers

BOSTON – January 27, 2017. In an attempt to balance his $40.5 billion budget, Governor Charlie Baker may propose that remote sellers be required to collect Massachusetts sales taxes on sales of tangible personal property made...more

January EU Retail News

Brands Expanding Internationally Should Embrace Competition-Conscious Luxury Goods Licences - The licensing of luxury goods in Europe, where a supplier sells goods to a certain approved distributor to sell on its...more

Retailers Seek to Improve Website Accessibility Following Surge of ADA Claims

Retailers have faced a wave of demand letters and lawsuits recently alleging that their websites are inaccessible in violation of the Americans With Disabilities Act of 1990 (the “ADA”), despite the fact that the ADA and its...more

Alabama in 2017: The Road Ahead for Tax Legislation in Montgomery

The 2017 legislative session begins February 7th in Montgomery, and we expect several tax-related proposals to be considered during the session. Our readers may recall that the 2016 session ended with no long-term plan in...more

Amazon Go: Let’s Get (More) Physical

We recently noted that among the latest e-tail trends is the expansion of once exclusively online retail operations into physical store locations. In-store sales continue to dominate over online sales, with the U.S. Census...more

Draft New Law Will Change the Regulatory Landscape for E-Commerce in China

China’s e-commerce market, with an annual turnover of more than 3.8 trillion yuan last year, has become the largest in the world. The various laws and regulations that were enacted by different authorities at different times...more

Gavel to Gavel: Fake goods pose real risks when shopping online

"'Twas the week before Christmas, and one click of the mouse ordered the presents for all in the house. With two-day free shipping and discounts galore, we just shop online – why go to a store?" Originally published in...more

Amazon’s First Drone Delivery

Amazon’s Prime Air took off on its first fully autonomous package delivery flight. While there have been many hurdles for Amazon’s drone package delivery initiative in the United States, that has not stopped them in other...more

How Big Retailers Can Avoid Newest Wave of Deceptive Price Advertising Lawsuits

Los Angeles City Attorney Mike Feuer last week announced the filing of four lawsuits against some of the largest retailers in the United States, accusing them of misleading customers by advertising a “sales price” alongside...more

EU Retail News - December 2016

In 2010, two business school graduates launched Birchbox; a monthly subscription service to a box filled with sample-sized beauty products from over 309 brands. Birchbox has solved one of the most significant barriers to...more

Transient Occupancy (Hotel) Taxes May be Limited by Ruling

California public agencies that impose transient occupancy (hotel) taxes may be limited in the tax they can collect from online transactions. The California Supreme Court on Monday ruled that TOT are limited to the...more

Privacy Tip #65 – Beware Online Shoppers of Keylogging Malware

There are reports of a java keylogger that is able to copy and forward credit card details from online checkout forms that are used on shopping websites. It has reportedly affected several dozen online shopping websites that...more

Ohio Supreme Court Finds Quill Does Not Apply to the Commercial Activity Tax

The Ohio Supreme Court has ruled that the Ohio Commercial Activity Tax is a business privilege tax and that the physical presence requirement articulated by the U.S. Supreme Court in Quill does not limit Ohio’s ability to...more

Ohio Imposes Tax on Online Retailers with No Physical Presence in State

Ohio Supreme Court decides physical presence is not a necessary condition for imposing commercial activity tax. The Ohio Supreme Court recently ruled that Ohio may impose its commercial activity tax (CAT) on...more

The “Unstore”: The Future of Brick and Mortar Retail?

The upcoming holiday weekend brings with it Black Friday and Cyber Monday, dates that have become shorthand for the different ways people shop. While e-commerce and physical retailers’ sales are still not comparable, many...more

Legislative Opportunities for Tribal Governments Under the Trump Administration

With the advent of a Republican-controlled White House and Congress, many who work in Washington, D.C., on behalf of Indian tribes may be tempted to adopt a defensive posture. But while it always is important to defend tribal...more

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Cybersecurity

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