News & Analysis as of

Retail Market

Your newest Instagram follower, the FTC: Agency reminds endorsers and marketers to #disclose with over 90 warning letters

by Hogan Lovells on

The Federal Trade Commission (FTC) reminded celebrities, social media influencers, and marketers that failing to disclose material connections to the products they endorse is #notokay. Please see full Publication below...more

UK: FCA General Insurance and Protection Sector Views 2017

by Hogan Lovells on

The FCA has outlined the current trends, risks and its overall assessment of the General Insurance sector in its 2017 Sector Views, published last week.  ...more

Finding the Perfect Fit: Garment Sizing Technology

by Robins Kaplan LLP on

Despite the advent of online shopping, many consumers still do not feel comfortable buying clothes online given the risk of receiving clothes that do not fit. This lack of confidence hurts fashion e-retailers, as well as...more

To Tax or Not to Tax Internet Retailers, that is the Question

by Goulston & Storrs PC on

Since the dawn of the age of e-commerce, brick-and-mortar retailers have championed “the level playing field”. Their battle cry: Internet retailers should be subject to sales tax just like us!...more

A Retailer’s Failure to Pay Time And A Half for Work Performed on Sundays And Holidays May Violate Massachusetts’ Payment of Wages...

by Littler on

Massachusetts law requires most retail employers to pay employees time and a half for work performed on Sundays and certain holidays. In a case of first impression, a Massachusetts Superior Court judge recently held that...more

Patient Check-Ups Before Checking Out: Partnering to Bring Health Care into the “One-Stop Shopping” Sector

Retail clinics—the popular term for walk-in clinics located in pharmacies, supermarkets, and “big-box” stores—are playing an expanding role in the health care market....more

Supreme Court Says ‘Give Me a ©’ to the Fashion Industry

by Goulston & Storrs PC on

A recent U.S. Supreme Court copyright decision analyzing cheerleader uniforms may have a profound impact on retailers, and on the fashion industry in particular. On March 22, 2017, the Supreme Court held in Star Athletica,...more

Menu Compliance Counts Starting May 5th

by Barley Snyder on

Restaurant calorie labeling: Starting next month, it’s not just for McDonald’s anymore. In an issue Barley Snyder has been tracking for years, the Food and Drug Administration is poised to begin enforcement of its...more

Pay Attention: A Class Certification Decision You Might Want To Remember

by Carlton Fields on

On March 16, 2017, the Southern District of California certified a class action against the manufacturer of gingko biloba and Costco Wholesale Corporation, the seller. Plaintiff alleged, on behalf of a putative class of...more

Dynamic Pricing: Is “Surge” Pricing Coming to Retail?

by Robins Kaplan LLP on

One of the biggest trends in retail today is dynamic pricing, where retailers can quickly change prices based on data-driven algorithms that incorporate demand, inventory, and competitors’ prices. This pricing technique...more

Denial Of Defenses: Illinois Court OK’s EEOC’s Pre-Suit Procedures

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal district court in Illinois recently granted the EEOC’s motion for partial summary judgment in EEOC v. Dolgencorp, LLC, No. 13-CV-4307 (N.D. Ill. Apr. 10, 2017), relative to two defenses advanced...more

Proskauer’s 2017 IPO Study

by Proskauer Rose LLP on

Proskauer’s Global Capital Markets Group has released its fourth annual IPO Study, a comprehensive analysis of U.S.-listed initial public offerings that priced in 2016, including an identification of IPO trends over a...more

The Rise of Concierge Retail

by Goulston & Storrs PC on

Retailers have always had to balance a number of different competing factors in order to stay competitive, including location, marketing and convenience. As discussed in this space, in today’s market, many retailers are...more

Puma Treads New Territory Hitting Forever 21 with Copyright Allegations after the Supreme Court’s Star Athletica Decision

On March 31, 2017, Forever 21 was sued by Puma over its “Fenty” line of shoes. The “Fenty” label has become popular, in part, due to the influence of music artist, Rihanna as the label’s brand ambassador. In its complaint,...more

Pennsylvania Zombie Liquor License Auction: Keys to Making a Successful Bid

The Pa.L.C.B. recently completed the second phase of the zombie liquor license auction, which was established under Act 39 of 2016 and discussed in previous blog posts. The second phase, like the first, saw a great price...more

U.S. Supreme Court Sides with Merchants in Credit Card Surcharge Case, But the Fight Isn’t Over Yet

by K&L Gates LLP on

On March 29, 2017, the U.S. Supreme Court ruled that a New York statute restricting credit card surcharges regulated commercial speech. Yet, Expressions Hair Design v. Schneiderman (No. 15-1391) did not decide whether such...more

Supreme Court Holds New York Credit Card Surcharge Statute Regulates Speech

by Reed Smith on

In the ongoing skirmishes between card networks and merchants in the surcharge world, the U.S. Supreme Court has just issued a significant ruling on a novel theory. Merchants in the State of New York sought to charge...more

Are Radio Waves Coming From My Wallet? The Privacy and Security Issues Involved With RFID Technology

by Bryan Cave on

Radio Frequency Identification (“RFID”) technology uses electromagnetic fields to transfer data. RFID systems typically operate by attaching tags to objects, devices, or cards....more

The Plastic Bag Ban: How Does Rapidly Changing Environmental Regulation Impact Your Business’s Expansion?

“Disposable” plastic bags have become a ubiquitous element of retail shopping over the past several decades, with most consumers barely thinking about the volume or impact of their use and disposal. Thin plastic bags have...more

Property Tax & Valuation Topics - Spring 2017

by Pullman & Comley, LLC on

Momentous LIHTC Decision Does Not Materialize - In the Winter 2017 issue of Property Tax and Valuation Topics, we projected that the Connecticut Supreme Court’s anticipated ruling in Nutmeg Housing Development...more

California Court Approves $700,000 Settlement for Seating Claim Brought By Retail Employees

by FordHarrison on

The effects of the California Supreme Court’s latest interpretation to provide seating to workers are beginning to show, as the United States District Court for the Central District of California recently approved a $700,000...more

Adding a Twist to the Daily Deal

by Robins Kaplan LLP on

With the advent of online shopping, countless retailers have capitalized on daily deals and flash sales, some even devoting their entire business model to the concept. It seemed (at least to this online shopper) that this...more

Taking the Stress Out of Distress for Retailers by Looking for Expansion Opportunities

by Bryan Cave on

Despite the downturn in many retail sectors, retailers should not automatically adopt a “glass half empty approach” but instead view the impending cycle as creating opportunities for companies in both the U.S. and...more

New York’s "No Credit Card Surcharge" Law Regulates Speech, SCOTUS Rules

by Ballard Spahr LLP on

New York's law prohibiting merchants from imposing a surcharge on credit card purchases (Section 518 of the state's General Business Law) regulates speech, thereby making the law subject to First Amendment scrutiny, the U.S....more

End Of An Era Or Simply a Moment In Time?

by Goulston & Storrs PC on

What conclusions can we draw from the increasing vacancy rates in prime NYC retail real estate? A momentary blip? Something we’ve seen many times before, only to be followed by the inevitable climb in rents to their...more

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