Retail Market

News & Analysis as of

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...more

Fair Work Calls Time on Penalties

The Full Bench of the Fair Work Commission has handed down its decision on weekend and public holiday penalty rates in the Hospitality and Retail industries. This is a significant change for employers in only these two...more

Antitrust, Competition and Economic Regulation Quarterly Newsletter - Winter 2017

FTC takes another look at merger remedies - On 3 February 2017, the U.S. Federal Trade Commission (“FTC”) released its Merger Remedies Study, which analyzed the success of merger remedies imposed by the FTC from 2006 to...more

The Ascendency of Accessibility: Surge in Website Lawsuits Continues

The proliferation of accessibility lawsuits under Title III of the Americans with Disabilities Act (ADA) has not abated. It is well-documented that ADA-related litigation increased by 37% from 2015 to 2016, which is...more

Polish DPA Releases Data Privacy Inspection Plans – Targets Health, Shopping

The Polish Data Protection Authority (GIODO) has just released its inspection plans for 2017. This year, the GIODO has decided to target its review of compliance with data protection laws on the health services and consumer...more

ICSC Mid-Atlantic Conference & Deal Making Recap

With seemingly all of the country’s attention focused on Washington DC lately, we snuck out of the District and across the Potomac River to National Harbor last week for ICSC’s 2017 Mid-Atlantic Conference and Deal Making....more

International Product Liability Review - Issue 65

The International Product Liability Review provides quality updates and comment from around the world on legal developments in the field of product liability and product safety. Please see full Publication below for more...more

No Love For Proposed Consumer Class Settlements

Two consumer class actions recently hit a roadblock when courts denied final approval for class settlements. In In re Target Consumer Data Security Breach, the U.S. District Court for the District of Minnesota preliminarily...more

Your Daily Dose of Financial News

We’ve talked a fair amount about the switch to chip & pin card systems over the past few years. But how about a lack of cards altogether? Because that’s what the banks have in mind....more

Amazon Go Might Be the End of Check-Out Lines

For anyone who has ever waited in a long line at the grocery story, Amazon hopes it has a solution. In December, Amazon launched its new Amazon Go grocery store in Seattle. Amazon Go is not a typical supermarket: it has no...more

The Power of the Melody Pushes Fashion Forward

The many genres of music – particularly, rock, pop, hip-hop and country – have always pushed the needle forward in fashion. Musical icons from today and yesteryear have given a voice to fashion by creating a kinetic...more

January 2017 Independent Contractor Misclassification and Compliance News Update

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

Human Rights and Global Supply Chains

Fashion retailers need to be vigilant to prevent human rights abuses in their supply chains whilst complying with their legal obligations. The UK’s Parliamentary Joint Committee on Human Rights is investigating human...more

Inaccurate TILA Disclosures Not Enough to Create Standing

A district court from New York recently ruled that even assuming a creditor’s initial TILA disclosures fell short under the statutory requirements, the plaintiff must show an injury in fact in order to have standing under...more

Illinois Appellate Court Limits Warrantless Searches of Liquor Licensees

The Illinois Appellate Court has found unconstitutional a provision of the Illinois Liquor Control Act (Liquor Act) that authorizes unlimited inspection of liquor retailers' premises by local officials. The court ruled that...more

The (Border) Adjustment Bureau: Hold On to Your (Imported) Hats

Retailers would be wise to pay close attention to the upcoming tax-plan deliberations of the 115th U.S. Congress. A proposal currently being considered would adjust the U.S. corporate tax by making imports a non-deductible...more

BoozeLaw: Automated Service of Beer and Wine Available to Michigan Licensees

Fifty years in the future, historians will likely consider this decade (incidentally, there should be a more a creative moniker for this period than the "20-10s" or "10s") as the advent of true automation. Following...more

Second Circuit Upholds Parody Defense, Tosses Louis Vuitton’s Trademark Suit

In late December, the Second Circuit issued a ruling in Louis Vuitton Malletier, S.A., v. My Other Bag, Inc., affirming the district court’s grant of summary judgment for claims of trademark infringement and dilution of a...more

Oh the Sidewalks Outside Are Frightful, But Landlords Will Make Them Delightful… or Will They?

Although we haven’t seen much snow accumulation in the northeast to date, we know that this can (and likely will) change before the warmer weather returns. Before the snow really begins to fall, it would behoove both...more

January EU Retail News

Brands Expanding Internationally Should Embrace Competition-Conscious Luxury Goods Licences - The licensing of luxury goods in Europe, where a supplier sells goods to a certain approved distributor to sell on its...more

New Lawsuits Challenge Qualcomm’s Allegedly Anticompetitive Patent Practices

The Federal Trade Commission filed suit last week in federal court against Qualcomm, Inc., following its investigation launched in September 2014. The FTC alleges that the semiconductor manufacturer illegally maintained a...more

Draft Rules From the Department of Health Limit the Potential Number of Medical Marijuana Dispensaries

The Department of Health (“DOH”) has issued only seven medical marijuana dispensing organization licenses, and based on draft rules proposed this week, that number may not change. ...more

Upscale Food Halls—On Trend and On The Rise

The growth of high-end food halls is taking off around the country as consumers seek fast, fresh, high-quality, chef-driven meals with a local touch, and as landlords seek to cash in on the continued growth of fast-casual...more

News from AGG's Retail industry Team - Winter Edition

How much is that Facebook page worth to your Business? At first glance, this question may seem relatively unimportant in the context of an M&A transaction. It rings true that social media accounts usually receive little...more

Your Daily Dose of Financial News

Deutsche Bank and the DOJ have put the finishing touches on the deal to resolve the investigation into DB’s role in its sale of toxic RMBS. The bank will fork over $7.2 billion in total, including a $3.1 billion civil penalty...more

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