Internet Retailers

News & Analysis as of

Launch of New Generic Top Level Domains .store and .shopping

From time to time, new generic top-level domains (gTLDs) become available for registration. Among the many gTLDs newly available is .store. This gTLD is intended to provide brand owners with a domain that is instantly...more

Alert: EU Sector Inquiry Highlights Online 'Geo-Blocking' – Future Enforcement Action Likely

On 18 March, the European Commission (Commission) published an issues paper presenting its initial findings on "geo-blocking", as part of its wide-ranging inquiry into competition in the EU e-commerce sector. This sector...more

All retailers must adopt new EU online dispute platform — does your UK website comply?

Since 15 February 2016, all EU retailers who sell online should have complied with the rules of the EU’s new online dispute resolution (“ODR”) platform. Compliance is mandatory for all retailers — from small independent shops...more

EU Retail News - April 2016

Welcome to the first issue of EU Retail News written by members of the Retail Team at Bryan Cave - EU and US: Marketing fitspiration from SoulCycle - SoulCycle has taken the US by storm, with fitness studios...more

China increases taxes on cross-border e-commerce retail import

On 24 March 2016, the China Ministry of Finance, together with the General Administration of Customs and the State Administration of Taxation, announced in a new circular, Cai Guan Shui [2016] No.18 (New Circular), that a...more

No Crying Wolf: Retailer’s Website Held Not In Compliance With ADA

At the beginning of this year, we warned that there would be an uptick in American with Disabilities Act litigation related to website accessibility this year in a post entitled Does My Website Need to be ADA Compliant?  The...more

EU Commission maintains close scrutiny of retail geo-blocking

On the 18th of March 2016, the EU Commission published initial findings from its e-commerce sector inquiry. The initial findings show a widespread use of geo-blocking throughout retailers in the EU. The findings reaffirm the...more

Clampdown on VAT avoidance on sales of goods through online marketplaces

The Chancellor has announced a package of measures to give HMRC stronger powers to collect VAT from overseas businesses who sell goods online to UK customers. Failure to pay VAT in these circumstances is estimated to have...more

Social Media Advertising in the Retail Space – Share This with Your Friends

“Tweet,” “share,” pin,” and “like.” If you spend any amount of time exploring the social media universe, these are the buzzwords that you are certain to encounter along the way. To the digital marketer, these words translate...more

Advertising Law - March 2016 #3

New in False Advertising Lawsuits: Security Systems and Oatmeal - Class action complaints alleging false advertising run the gamut of products and services, and recent lawsuits filed across the country bear this...more

California Court Grants Summary Judgment in Website Accessibility Case

As we’ve noted in previous posts, there has been in increase in lawsuits alleging companies have violated the Americans with Disabilities Act because their websites aren’t accessible to the blind. This week, a California...more

EU Commission Releases First Findings on Geo-Blocking in E-Commerce Sector Inquiry

On 18 March, the European Commission (Commission) published its initial findings on geo-blocking in the framework of its ongoing antitrust sector inquiry into e-commerce. The findings are based on responses to questionnaires...more

Purchasing Flowers Ends in Reforming Browsewrap Agreements

A California Court of Appeal has taken its first stance on the website design requirements necessary for an enforceable browsewrap agreement. On March 17, 2016 the Court of Appeal affirmed the California Superior Court of Los...more

California Court Rules on Enforceability of Browsewrap Contract

Practitioners might jump to the conclusion that browsewrap contracts are always unenforceable when hearing about the decision of the California Court of Appeals in Long v. Provide Commerce, Inc., 2016 Cal. App. LEXIS 199...more

Tenth Circuit Questions Quill’s Endurance

Last month, we discussed states’ efforts underway to attack Quill Corp. v. North Dakota, which provides a bright-line safe-harbor from sales and use tax collection for taxpayers without physical presence in a state. We...more

Annual Accessibility Recordkeeping and Contact Information Update Due April 1 at the FCC

By no later than April 1, 2016, entities providing telecommunications (now including broadband Internet access service), VoIP, advanced communications services (email, text), or mobile phone Internet browsers must certify to...more

Socially Aware: The Social Media Law Update Volume 7, Issue 2

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we examine a New York...more

Locke Lord Article: Doing Business in New Jersey? Your Website Terms & Conditions May be Plaintiffs’ Next Target

Doing business in New Jersey just got thornier. Recent decisions broadly interpreting the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14, et seq., have spawned a flurry of pre-suit...more

Are your online terms and conditions compliant with UK requirements?

In April 2014 we reported on the then incoming regulations governing the sales of goods and services to consumers in the UK. Those regulations came into force on 13 June 2014 implementing the EU Consumer Rights Directive...more

E-Commerce: National Competitions Authorities Weigh In on Sales Restrictions Regarding Online Marketplaces

In May 2015, the European Commission launched a two-year, industry-wide inquiry into the e-commerce sector to gather data on the functioning of e-commerce markets, so as to identify possible competition concerns. This sector...more

Designed for Convenience: Three Ways Technology Can Enhance the Shopping Experience

Spending a weekend or a Black Friday waiting in long checkout lines can drive many consumers to make their purchases with online retailers, which offer convenient and fast shopping. As competition with online retailers...more

Tenth Circuit Finds Colorado Use Tax Reporting Regime Constitutional

Today, February 22, the United States Court of Appeals for the Tenth Circuit upheld Colorado’s use tax reporting regime in Direct Marketing Association v. Brohl. In so doing, the court held that ...more

The Burgeoning Winds of Retail in Emerging Markets

For those that follow the mantra – “fortune favors the bold” – breaking ground in lesser known international retail frontiers may have significant pay-offs, as evidenced by the first-wave of retailers who made retail...more

Alert: Online Retailers Q&A: Are You Ready For ODR?

Part of the European Commission's Digital Single Market initiative is not only to encourage cross-border trade, but also cross-border alternative dispute resolution ("ADR") and today, (15 February 2016) after a five-week...more

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

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