News & Analysis as of

Advertising Law - April 2016 #4

Study Finds Low Compliance for Native Advertising - According to a new study, roughly 70 percent of websites are not compliant with the Federal Trade Commission's recently released native advertising...more

Been There, Done That: Kohl’s Wins Dismissal of Copycat False Advertising Class Action

A California federal court recently denied a motion to certify a class of Kohl’s customers allegedly misled by false advertising, finding that plaintiff Wendy Chowning’s claim was a copycat of an earlier-filed case, Russell,...more

Retail and Consumer Products Law Roundup - March 2016

Regulatory Whack-a-Mole: A Renewed Focus on Non-Hazardous Waste Recycling - Why it matters - In part due to a string of high-profile enforcements in multiple states, retailers by and large have evaluated the need to...more

Advertising Law - February 2016 #3

EU, U.S. Reach Data Deal—Not a Harbor, but a Shield - After the deadline expired to reach a deal on a new Safe Harbor for the transatlantic transfer of data, the European Union and the United States reached an agreement...more

Kohl’s Kicks Putative Class Action Suit Alleging Deceptive Sale Prices

On February 1, 2016, the U.S. District Court for the District of Massachusetts dismissed a consumer class action alleging that Kohl’s Department Stores advertises false sale prices. The plaintiff in Mulder v. Kohl’s...more

Consistency is Key: Corporate Enforcement Practices in Non-Competes Critical to Judicial Review

A recent decision from a Wisconsin state court serves as a cautionary tale for employers that do not routinely impose or enforce non-compete restrictions consistent with the employee’s role and potential to harm the business....more

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

Coalition Loyalty Programs Spread to Retail Shopping In the U.S.

Seven major brands, including Macy’s, Rite Aid and ExxonMobil, recently joined forces to launch “Plenti,” a loyalty program that encompasses an entire team of retailers. American Express, which operates the program,...more

Proxy Access – Week of May 17 – The Trend Is Less Clear

During the week of May 17, 2015, 8-Ks were filed that disclosed six shareholder sponsored proxy access proposals passed and five failed. All required three percent ownership for three years and all were opposed by the...more

Employee who quit during interactive process cannot pursue ADA claim

A federal appeals court recently decided against an employee who failed to satisfy her obligation to cooperate in the interactive process with her employer when searching for a reasonable accommodation for her disability....more

Employee's Resignation in Midst of Interactive Accommodation Process Dooms ADA Claim

Employers understand that in the event that an employee requests a workplace accommodation due to a disability, they are legally required to explore the accommodation with the employee through the “interactive process.”...more

Employee’s Failure to Participate in Interactive Process Dooms ADA Claim

A diabetic employee who quit her job in response to her employer’s rejection of her suggested “reasonable accommodation” cannot support claims under the Americans with Disabilities Act (ADA), according to the First Circuit...more

First Circuit Confirms Importance of Good Faith Interactive Process

The First Circuit Court of Appeals has given us yet another case demonstrating the importance of not only engaging in the interactive process, but doing so in good faith....more

Consent Decree in Window Covering Case Takes One Defendant From Case

Hunter Douglas, Inc. v. Kohl’s Corporation, et al. Case Number: 1:14-cv-01743 - Plaintiff Hunter Douglas and defendant Welcome Industrial Corp. entered into a consent decree enjoining Welcome from infringing...more

Advertising Law -- Jun 07, 2013

SPECIAL FOCUS: CFPB - The Dodd-Frank Act provides that the Consumer Financial Protection Bureau ("CFPB") may take action against certain persons who engage in unfair, deceptive or abusive acts or practices....more

Green Building Update -- May 17, 2013

Green Building Focus - GSA committee endorses LEED for GSA Buildings: USGBC Official Blog - May 3 The GSA's Green Building Advisory Committee officially recommended that the LEED system be used for all GSA buildings...more

Price Advertisements Matter: Ninth Circuit Finds False Sale Prices Give Plaintiffs UCL Standing

Following the California Supreme Court’s lead in Kwikset that “labels matter,” the Ninth Circuit Court of Appeals recently held that “price advertisements matter.” In Hinojos v. Kohl’s, the Ninth Circuit reversed the...more

17 Results
View per page
Page: of 1
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.