Retailers

News & Analysis as of

Fur Claims

Animal pelts were one of the first forms of human clothing. As modern societies developed, fur gained in importance and, in many societies, access to fur became increasingly rare, reserved for either the ruling elite or...more

Tenant Relocation and Thinking Outside the (Big) Box

Retail shopping center growth has hit a big speed bump coming in to the 2017 New Year as increasing vacancy rates persist in many U.S. shopping centers. Big-box retailer Sports Authority announced in 2016 that it would close...more

"Roll Out the Barrels" and the "Brunch Bill": Proposed North Carolina Legislation of Interest to the Alcohol Industry and...

There are two bills pending in the North Carolina General Assembly this legislative session that may impact North Carolina breweries, distilleries, retailers, and consumers...more

Oregon Attorney General Announces $545,000 Settlement with Retailer

The Oregon AG recently announced a $545,000 settlement with the Vitamin Shoppe over allegations that the store violated Oregon state law by selling dietary supplements containing ingredients that FDA has deemed unsafe or...more

Retailers - can you be liable for cartel behaviour for using pricing software and algorithms?

A key issue regulators are grappling with is what antitrust liability can attach to retailers who use price matching software or other algorithms to match competitors’ online prices? In a speech made on 16 March 2017,...more

When in Rome: Our Take on the ICSC OAC (Open Air Summit)

We know from our high school history lessons that large scale public shopping centers have been around since the days of the Roman Empire, if not before. The fabled open air markets of cities like Istanbul and Damascus still...more

The Competition Bureau applies strict standards to retail price claims in Canada

Regular prices, sale prices, clearance sales – these terms are ubiquitous in the retail world and are a familiar component of marketing strategies intended to convince consumers that now is the best time to make a purchase...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 falls short under the statutory requirements, the plaintiff must show an injury in fact in order to have standing under...more

[Webinar] Keeping Up with the Consumer Product Safety Commission: Update on Recent CPSC Developments - March 29th, 12:00pm EST

With the complexity of today’s product safety regulatory environment and the civil penalty amounts for failure to report safety hazards, it is more important than ever for manufacturers and retailers to identify and resolve...more

Retail Practice Alert - March 2017: Developments in Website Access Litigation and New Focus for Plaintiff's Bar—Is Your In-Store...

Retailers facing Americans with Disabilities Act (“ADA”) claims may be out of frying pan, but into the fire in light of recent developments. Out of the Frying Pan: Gomez v. Bang & Olufsen America, Inc., No. 16-cv-23801...more

The challenges of complex retail leasing in Dubai

Dubai is famous for its world class shopping centers which, in addition to retail offerings featuring the world’s leading brands and cutting edge local brands, also offer a multitude of leisure experiences including indoor...more

5 Key Takeaways: Doing Business in California

In the recent webinar, “Doing Business in California”, Kilpatrick Townsend partner Nancy Stagg provided an overview of the current California consumer class action and regulatory landscape for retailers and other consumer...more

The rise of the shopping center in Kenya

Kenya has seen a surge in the number of shopping centers being built recently, with Nairobi—the economic hub of the country— hosting most of them. These shopping centers are largely catering for a growing Kenyan middle class...more

Pop-up leases in Belgium

In an effort to fill inner city retail vacancies, the Flemish Region in Belgium enacted the Decree of 17 June 2016 on the short-term lease of premises for commercial and artisanal purposes (known as “pop-up leases”), which...more

Different owners within a retail park in Romania: practical aspects

Shopping centers, including retail parks, are viewed in Romania today as commercial and entertainment hubs, where shops operate together in an integrated way to offer consumers an enhanced shopping experience. Whilst this...more

Commercial Division Rejects Collateral Promise Argument as a Basis for a Fraudulent Inducement Claim

In a recent decision, Justice Anil Singh of the Commercial Division dismissed a counterclaim asserted by Visa against Wal-Mart for fraudulent inducement. According to Justice Singh, Visa’s allegations failed to satisfy the...more

Copyright Compliance: (Re-)Register Your DMCA Agent in 2017 to Keep Your Website Docked in the Safe Harbor

The Digital Millennium Copyright Act (DMCA) “safe harbor” provisions shield certain online service providers from copyright infringement liability arising from content posted by users on their website. Provided that the...more

Mitigate Consumer Litigation Risk by Watching the FTC: Five Good Reasons

2017 already has been, and surely will continue to be, a year of great change. Regulatory agencies are re-envisioning their mandates. Many have or soon will have new leadership. And advocacy groups for consumers are...more

More Regulators Focus on Price Comparisons

Yesterday, the Virginia Attorney General announced that it reached a settlement with Hobby Lobby over the retailer’s price comparisons. According to the press release, Hobby Lobby advertised discounts compared to “other...more

Sale Price Advertising and Fictitious MSRP Litigation

Section 5 of the Federal Trade Commission Act prohibits retailers from engaging in “unfair or deceptive acts or practices.” Courts consider an advertisement, whether in-store, or on-line, to be deceptive where a retailer: (1)...more

Monitoring Employees’ Email and Internet Use Raises Legal Considerations

Retailers should be aware that federal laws prohibit the interception of another’s electronic communications, but these same laws have multiple exceptions that generally allow employers to monitor employees’ email and...more

The I-9: How Much Trouble Can One Piece Of Paper Cause?

No new hire has ever been accused of enjoying the time spent filling out the myriad forms they must execute at the outset of their employment. Likewise, it would be a curious manager who listed “helping new hires with...more

Texas Bankers and Nebraska Retailer Fight Back Against “Troll-Like” ADA Title III Website Accessibility Litigation

Seyfarth Synopsis: Retailer and Texas bankers go on the offense in response to ADA Title III lawsuits and demand letters. Hundreds, possibly thousands, of banks, retailers, and other businesses have received demand...more

Leveraging Digital Tech to Make Brick and Mortar Retail A Destination

With a growing percentage of retail sales shifting online, brick-and-mortar retailers are adopting novel approaches to enrich the experience of avisit to their stores. In some cases, stores are using novel technologies...more

EU Retail News - February 2017

When Can You and When Should You Use Your Own Name for Your Brand? It is a common misconception that we are all entitled to create brands under our own names. It is also a misapprehension that it is always a good idea —...more

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