Retail Market

News & Analysis as of

The Utility And Risk Of Mobile Device Tracking

Americans are becoming increasingly dependent on mobile devices, such as smart phones. These devices allow us to remain in constant contact with our family, friends, and colleagues. Moreover, the use of these devices is...more

Capital Thinking: Environment and Natural Resources

EPA SEEKS PUBLIC INPUT ON CLIMATE CHANGE - The Environmental Protection Agency (EPA) has issued a request for comment on its draft report concerning the impacts of climate change to human health. The agency is seeking...more

Law À La Mode - Issue 12 – Winter 2013/14 (Global)

In This Issue: - Mandatory Employment Of Women In Retail Stores In Saudi Arabia: Key points for complying with the new requirements for retailers to employ women in female-oriented stores - No Logo Required:...more

Sales Tax Refunds on Defaulted Credit Sales: Does Anyone Get a Refund?

James Susa analyzes the state tax statutory structures and major court decisions on bad debt deductions and concludes that in practice, the availability of such a deduction is limited in scope. Each state that imposes...more

Hong Kong Banks Pledge to Treat Customers Fairly

Public pressure over vulnerable populations spurs banks to act - On 28 October 2013, 22 retail banks in Hong Kong launched the Treat Customers Fairly Charter (Charter) to enhance customer protection and education in...more

Chinese Retailer “DragonMart” Fights and Wins a Spot on Mexican Soil

Enrique Peña Nieto has been in talks with his Chinese counterpart since the year started, a sign of both countries burying their retail-related hatchet and deciding to work together to boost their strong economies. This is...more

August 2013: Class Action Litigation Update - Retail Pricing: The New Class Action Beachhead.

“Labels matter.” With those two words, penned in Kwikset v. Superior Court, 51 Cal. 4th 310 (2011), the California Supreme Court opened up a new frontier for class actions against product manufacturers and retailers. Any...more

Foreign Investment In Retail Trading In India - Where We Stand Today

The regulatory regime on Foreign Direct Investment (FDI) in retail trading in India has seen multiple reforms over the last year. We set out below the regulatory position as of August 2013....more

Structured Thoughts -- Volume 4, Issue 11 -- August 12, 2013

In This Issue: Complex Products and Conducting a Reasonable Basis Suitability Review; Guidelines for Presenting Backtested Performance Data; IOSCO Final Report on Principles for Financial Benchmarks; Protect Your...more

Beware And Be Smart: California Remains A Danger Zone For Resale Price Restrictions

Most recently, the U.S. District Court of the Central District of California denied a retailer’s motion to dismiss vertical price fixing claims filed under the state’s Cartwright Act and Unfair Competition Law....more

SEC Adopts Retail Foreign Exchange Rule in Order to Prevent Dodd-Frank Amendment from Disrupting the Retail Forex Markets

The U.S. Securities and Exchange Commission (“SEC”) on July 11, 2013 adopted Rule 15b12-1 (“Final Rule”) under the Securities Exchange Act of 1934 as amended (“Exchange Act”) in order to allow market participants to continue...more

New Accounting Rules for Gift Cards Redeemable by Unrelated Entities

IRS modifies rules allowing the deferral method of accounting for advance payments received for the sale of gift cards that are redeemable by an unrelated party. On July 24, the Internal Revenue Service (IRS) released an...more

5 Suggestions For Retail Exclusive Use Clauses

Congratulations on landing that national, credit-rated tenant for your shopping center or building!...more

Bricks, Mortar, The Internet And Multi-Channel Retailers - Is this the end of high-street shopping?

Today it is unthinkable for a major retailer not to have an online presence. In less than 20 years, consumer retail channels have revolutionized the way that the retailer interacts with its customers. It was as far back as...more

Employment Law Advisory for April 17, 2012: What Does the “Suitable Seating” Requirement Mean for Your Workplace?

A previously ignored provision in the California Wage Orders provides that “[a]ll working employees shall be provided with suitable seats when the nature of their work reasonably permits the use of seats.” The language...more

Retail Investors Thrown in the Deep End

A frightening reminder of the downside to the new push to encourage retail investors to dive into complex, illiquid investments....more

2013: How Will China's Economy Affect American Businesses?

While many countries today would envy a 7.4 percent economic expansion rate, for China, the world’s second largest economy and the United States' second largest trade partner, that number suggests the lowest economic growth...more

The California Supreme Court Loosens Restrictions On Internet Retailers

Attempting to strike a balance between the competing concerns of privacy and fraud protection, the California Supreme Court ruled yesterday that the Song-Beverly Credit Card Act does not apply to online retailers that collect...more

California District Court Holds Song-Beverly Credit Card Act Does Not Prohibit Post-Transaction Collection Of Zip Codes, Denies...

On January 28, the U.S. District Court for the Northern District of California denied a motion for class certification filed by a group of plaintiffs seeking to challenge, on behalf of similarly situated individuals, a...more

Several Alabama Business and Professional Associations Announce Their 2013 Tax Legislative Agendas: 2013 Session Shaping Up to Be...

In preparation for the 2013 session of the Alabama Legislature, which begins on February 5, several of Alabama’s most prominent business and trade organizations have finalized their 2013 legislative agendas. Most notably, the...more

Retail Customers Obtain Unusually Favorable Settlement In Zip Code Collection Case

On January 11, the U.S. District Court for the Northern District of California approved a settlement between a retailer and a class of customers to resolve allegations that the retailer violated the California Song-Beverly...more

Focused on Franchise Law - January 2013

In This Issue: - Mark Melton Has Become Of Counsel To The Firm - Franchisor 101: Personal Liability In New York For A Franchisor's Owners - Franchisee 101: Beer & Wine Franchisees Enjoy Protection From...more

China Trade Marks – Inclusion of Retail and Wholesale services relating to medicines and pharmaceuticals

The China Trade Marks Office (CTMO) recently announced that from 1 January 2013 it is accepting applications to register trade marks in relation to retail or wholesale services for pharmaceutical, veterinary and sanitary...more

GMO Laws Spread to Washington and New Mexico

Just months after the November defeat of California’s Proposition 37, the “California Right to Know Genetically Engineered Food Act,” proponents of labeling genetically modified food have proposed similar disclosure laws in...more

Advertising News & Analysis - January 10, 2013

In this issue: - Old Rules Still Apply to New Technologies - NAD Says It Won’t Demur Just Because a Regulator OKs Language - Toys“R”Us Settlement Exposes Dark Side of Refund Policies - Hollister Gift Card...more

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