News & Analysis as of

Retail Market

Landlords beware: Your trademark infringing tenant is your problem too

by Shutts & Bowen LLP on

If a landlord learns that trademark infringement is occurring on its premises by one of its tenants and fails to stop further violations, the landlord may be held responsible by the trademark holder for damages relating to...more

Amazon & Wal-Mart: Pinky and The Brain of Retail

by Goulston & Storrs PC on

In the opening montage of the American animated series, Pinky and The Brain, Pinky asks his best friend, The Brain: “What do you want to do tonight?” To which The Brain replies: “The same thing we do every night; try to take...more

Tobacco companies sue state for cigarette fee

by GableGotwals on

The tobacco fee’s critics warned that the state might get sued because of the measure, and they were right. Tobacco companies filed a lawsuit Wednesday to argue the measure is unconstitutional. Tobacco giant Phillip Morris...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

PM Theresa May’s call for a snap election looked a lot better a few weeks ago than it does on the morning after. But regardless of the outcome (hung parliament, anyone?), the pound sterling sure took it on the chin....more

Boutique Retail Hotels: Introducing The New Meaning Of “In Room” Shopping

by Goulston & Storrs PC on

In this ever changing world, retailers are continuing to invent new ways to highlight their products, provide customers with an interactive experience and to stay competitive. We have previously discussed strategies used by...more

Business Litigation Alert: "Expect More. Pay More. No Sale for Target After Paying Out Over $60M in Data Breach Settlements"

by Porter Hedges LLP on

Last week, Target announced that it reached a settlement of $18.5 million with attorney generals in 47 states and the District of Columbia over the massive security breach it suffered in 2013....more

Rest Assured – California Supreme Court Clarifies What One Day's Rest in Seven Means

by Nossaman LLP on

In Mendoza v. Nordstrom, Inc., the California Supreme Court unanimously ruled that employees are guaranteed one day of rest for each defined workweek. However, an employee may voluntarily decide to work more than six days...more

Shifty Business: NYC Restricts Shift Scheduling for Retailers and Fast Food Chains

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Five new laws in New York City will impose strict limits on shift scheduling for fast food and retail industry employees. The laws will be effective 180 days after their signing, on November 26, 2017....more

Is Arbitration Just a Click Away?

by Burr & Forman on

With online retailers challenging brick and mortar stores, the importance of online transactions and the terms of the contracts they create has never been greater. In the context of arbitration, courts are increasingly being...more

New York City Enacts Laws Limiting Employers' Flexibility To Staff Employees

by Littler on

On May 24, 2017, the New York City Council passed five bills – collectively called the “Fair Workplace” legislative package – four of which significantly restrict the ability of fast food and retail employers to schedule...more

Privacy Tip #90 – Payment Card Breaches - Both Sides of the Story

We hear daily about another payment card breach at a retail store, restaurant chain or hotel line. The response to a payment card breach differs from company to company. I get a lot of questions about payment card breaches...more

The Changing State of Retail: Creating More Instagrammable Moments

by Robins Kaplan LLP on

If you’ve read any headlines lately about the state of retail, you’ve likely noticed that headwinds are leading to downsizing and debt restructuring. Yet, studies show that consumer confidence is high, and overall retail...more

Content From PK Law: Five Questions With David Hirshfeld, Holabird Sports

by Pessin Katz Law, P.A. on

Consumers visiting Holabird Sports on Pulaski Highway in Baltimore are familiar with the 7000 square foot retail space that houses walls of footwear matching any athletic or fitness requirement, the vast selection of tennis...more

Thinking Of Shifting Your Retail Business Model? Consider This Your WARN-ing

by Fisher Phillips on

Though the internet has been in our lives for decades and online retailers are hardly a new concept, many brick-and-mortar retailers continue to evaluate the risks and benefits of moving away from the shop on the corner and...more

Class Action Lawsuits on the Rise under New Jersey’s Consumer Protection Laws – Which Retailers Will Be Targeted Next?

by Goulston & Storrs PC on

Does your retail business conduct sales online? For most retailers today, the answer is likely yes. This means that the recent surge of class action lawsuits against merchants arising out of a consumer protection law in New...more

Target Settles with 47 AGs and DC for $18.5 Million

The 2013 hack that caused one of the largest breaches in U.S. retail history continues to be a headache for Target Corp. Following the breach just before the holidays in 2013, Target was hit with consumer class action suits,...more

‘Excessive’ Shipping Fees May Be Next Target of Consumer Class Actions

by BakerHostetler on

Retailers offering online, telephone or catalog purchases may want to review the shipping fees charged to their customers in the wake of several class actions recently filed in California. Multiple retailers have been hit...more

Rite Aid’s Online Store Breached

Rite Aid has admitted that its online eCommerce platform was accessed by unauthorized individual(s) from January 30, 2017, through April 11, 2017, and their customers’ names, addresses and payment card information, including...more

Amazon’s Air-Traffic Control System for Package Delivery Drones

Amazon announced this week that its development of an air-traffic control system for its package delivery drones (and other commercial drones flying in the national airspace) has taken off –pun intended. This air-traffic...more

Getting Past the Last Mile: Delivery Challenges For E-Commerce Businesses

by Goulston & Storrs PC on

E-commerce businesses have changed the relationship between consumers and retailers through the advent of expedited and low-cost home delivery services. Now, many consumers anticipate both free shipping with their purchase,...more

Travel Agencies Hail Proposed Legislation Providing Overtime Exemption, But Employment Bills in General Face Uphill Battle

by Littler on

Last week Rep. Francis Rooney (R-FL) introduced a bill that would remove travel agents from the Department of Labor's list of workers that cannot qualify for the Fair Labor Standards Act's (FLSA) overtime exemption for retail...more

European Commission goes online with final report in e-commerce sector inquiry

by Hogan Lovells on

The final report on the European Commission’s e-commerce sector inquiry was published last week and contains some important observations about how online channels of distribution are transforming consumer goods and digital...more

Georgia Governor Signs Law Preempting Predictive Scheduling Ordinances

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 8, 2017, Governor Nathan Deal signed a law expanding the reach of a pre-existing statute that prohibits Georgia localities from passing ordinances affecting worker pay in Georgia. The amendment is in...more

District Court Denies Certification of Nationwide Class, Finding Individual Retail Stores’ Alleged Failures to Follow Internal...

by Carlton Fields on

An Illinois district court recently denied certification, finding that the putative nationwide class failed the commonality and numerosity prongs of Rule 23(a) and that injunctive relief was not available under Rule 23(b)(2)...more

Brooks Brothers Reports Payment Card Data Breach

A lawyer’s nightmare: retailer Brooks Brothers announced late last week that it has become the newest retailer to suffer a payment card data breach. According to Brooks Brothers, which is calling it a “data incident”,...more

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Cybersecurity

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