Internet Retailers

News & Analysis as of

States Continue to Challenge Quill’s Physical Presence Standard

When a client calls us to inquire about sales tax exposure, we instinctively start asking questions about people and possessions: “Do you have property in other states? Where do you have employees? Have you sent any sales...more

Heavyweights Battle Over The Future Of Retail

Is the future of retail online, or will it remain in brick-and-mortar stores? It is a common topic of speculation among the retail industry, with some claiming that brick-and-mortar stores are a dying breed and others...more

Online Dispute Resolution – European Commission publishes its link to the “ODR” Platform

ODR – a recap - ODR is a form of dispute resolution which uses technology to facilitate the resolution of disputes by using techniques such as e-negotiation and e-mediation....more

CMA gives the cold shoulder to fridge and bathroom suppliers “MAP Pricing"

The UK Competition and Markets Authority (“CMA”) continues to focus its attention on resale price maintenance particularly where it relates to minimum advertised prices (MAP) on on-line sites. The CMA has a history of...more

Harmonizing B2C Online Sales of Goods and Digital Content in Europe

The European Commission has announced new draft laws that would give consumers new remedies where digital content supplied online is defective or not as described by the seller....more

Website and Mobile App Accessibility: The DOJ Kicks the Can

As experienced retail attorneys, we bring decades of first-hand knowledge dealing with the business and legal issues facing retailers, e-tailers, landlords, owners, developers and prospective purchasers, restaurateurs, and...more

European Commission targets cross-border parcel delivery as part of its Digital Single Market Strategy

On 22 December 2015, the European Commission announced its next steps towards completing the single market for cross-border parcel delivery. The Commission’s aim is to enhance price transparency and regulatory oversight of...more

Hoverboards Under Attack

Multiple UK retailers have asked customers to throw out their hoverboards, the self-balancing scooters that have clambered onto holiday wish lists this season, due to suspected safety issues with the devices. The retailers...more

Overstock Digital Wars: A New Market Awakens

On the eve of the much anticipated release of Star Wars: The Force Awakens, the SEC approved Overstock Inc.’s plan to issue digital shares. The online retailer plans to issue company stock via bitcoin blockchain–an enormous...more

La A La Mode: 10 rules for online retailers in Turkey

Enactments of new consumer protection legislation in Turkey is a hot topic. In 2014, the new Consumer Protection Law was entered into force, followed by its secondary legislation. In May of this year, the long expected Law on...more

Law a la Mode - Issue 18 November 2015

The Australian editorial team is delighted to bring you the 18th edition of Law a` la Mode, the quarterly legal magazine produced by DLA Piper’s Fashion, Retail and Design Group for distribution to clients and contacts of the...more

Lawsuits Alleging Digital Barriers on Websites Continue

Recently, a legally blind plaintiff filed a class action complaint against a leading home improvement and construction products and services retailer alleging that the company violated state law and the American Disabilities...more

Ninth Circuit Does an About-Face in Military Watch Trademark Dispute - Multi Time Machine, Inc. v. Amazon.com, Inc.

The U.S. Court of Appeals for the Ninth Circuit previously found that a jury could potentially find that online retailer Amazon.com created a likelihood of consumer confusion with the format of its product search returns when...more

Delivery Drones: Fantasy, or the Future of Online Retail?

Amazon, Walmart, and other retail giants are piloting drone delivery programs, all vying to be the first real-life Gryzzl (hopefully with less unauthorized surveillance). Consumers are receptive to the idea ? especially if it...more

Privacy Tip #13 – Web Trackers: What others may know about your online footprint

Web Trackers have been a hot topic in recent news, yet most of us are oblivious not only the extent they are used, but also to the potential for misuse of our personal information currently being aggregated in countless...more

Infringing Sales Through Amazon

A U.S. court recently decided that it would take jurisdiction over a seller who sold allegedly infringing products through online retailers such as Amazon.com. PetEdge Inc. a Massachusetts-based manufacturer, owns a patent...more

Cyber Monday, Social Commerce and the End of an Era

Online sales on the Monday after Thanksgiving weekend—Cyber Monday—have continued to increase year over year since the day was first christened “Cyber Monday” in 2004. As social media enthusiasts, we were surprised to learn...more

DOJ Postpones Website Accessibility Proceeding: How Businesses Can Prepare in Anticipation of a Lawsuit and How to Maximize Your...

The Department of Justice (DOJ) has once again postponed its proceeding to amend regulations that would spell out the obligations of retailers, hotels, restaurants, places of entertainment and other businesses to make their...more

Black Friday: It’s Not Just About Brick & Mortar Stores Anymore

Here at Socially Aware, we’re focused on Thanksgiving dinner, but we’re well aware that the day after Thanksgiving—Black Friday—is one of the busiest shopping days of the year, and a critical sales day for brick-and-mortar...more

Know Your Nexus: Don’t Get Blindsided by State Tax Rules

If you do business with out-of-state customers, does your business have nexus with the states where those customers are located? If your answer is, “I don’t know what ‘nexus’ means,” you could be in for an unpleasant...more

“In fashioning myself, I fashion man” – E-Tailers Champion A Sartorial Renaissance in Masculinity

When it comes to shopping, men generally fall into one of two camps: (a) those who simply don’t know how to shop and would rather book their next root canal before embarking on such an experience and (b) those who don’t have...more

Amazon.com Hit With Independent Contractor Misclassification Class Action Lawsuit By Delivery Drivers

Amazon is the latest tech company to be sued in a proposed class action by drivers delivering its products – in this case, goods to be delivered within two hours of being ordered through Amazon’s “Prime Now” app. The drivers...more

Amazon Wins Ruling on Results for Searches on Brands It Doesn’t Sell

On October 21, 2015, the Ninth Circuit ruled that online retailer Amazon does not violate the Lanham Act when, in response to a search for a brand it doesn’t sell, it returns a results page that fails to disclose that fact...more

Why is Omnichannel Retail so Hard?

The retail industry has been evolving rapidly to keep up with new technology and consumer patterns. While the chief concern previously was about how traditional retailers could prevent the loss of market share to online...more

Illinois Local Sales Tax Sourcing Update: Tax Administration by Lawsuit Vanquished (for Now)

On October 16, the Circuit Court of Cook County (the “Court”), in an order authored by Judge Peter Flynn, dismissed a lawsuit by the City of Chicago (the “City”) and the Village of Skokie (collectively the “Plaintiffs”)...more

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