News & Analysis as of

[Webinar] Information Security: Background & Recent Developments - Oct. 15th, 12:00pm ET

Join us for an in-depth webinar presented by litigation attorneys James Ward and Phil Stein on the trending topic of information security and how to protect your company from a data breach. This webinar will address what you...more

Update on New Orleans Zoning Ordinance

The new City of New Orleans Comprehensive Zoning Ordinance (“CZO”) became effective on August 12, 2015, but various interested parties have already begun the process of amending this newly-adopted ordinance. Last Thursday,...more

New Delaware Chapter 11 Filing – American Apparel, Inc.

American Apparel, Inc. (APP, NYSE) and five affiliates have filed chapter 11 petitions in the United States Bankruptcy Court for the District of Delaware (lead case # 15-12055-BLS) and will seek approval of a pre-packaged...more

A Trend for Retailers to Avoid – Copyright Infringement Lawsuits Over Clothing

Textile Copyright Infringement Claims on the Rise - Katy Perry received a lot of attention for the dress she wore to the Met Ball this year, and not all of it was welcome. A Brooklyn artist thought that the dress was an...more

President Signs E-Warranty Statute Amendment

In a rare display of bipartisanship, the U.S. Congress has passed and, on September 24, 2015, President Obama signed, an amendment of the federal statute regulating warranties on consumer products, the Magnuson-Moss Warranty...more

Weekly Privacy Tip #3 – Know how apps are accessing and using your constant location

Everyone loves their smartphone. Everyone loves the newest app. Angry Birds has lots of company now. But most people don’t know the back end of apps and how they are accessing, using and selling your data. Why? Because no one...more

Business Law: The Distinction of Six of One, Half a Dozen of the Other. Second Circuit Upholds New York’s Prohibition on...

After nearly two years in limbo, the Second Circuit Court of Appeals has decided that the New York law that prohibits merchants from imposing a surcharge on customers who use credit cards is constitutional and, therefore,...more

Retail Industry EMV Compliance Deadline Arrives Today - Credit Card Fraud Liability Shifts

Starting today, October 1, 2015, a substantial portion of the liability associated with in-store fraudulent credit card purchases shifts from credit card issuers, such as banks or credit unions, to retail merchants. Credit...more

Omni-Channel Marketing: Maximizing the [In-Store] Shopping Experience

While retailers recognize that most purchases can be accomplished by conveniently using an electronic medium, they also know that “one click” shopping does not satisfy everyone. In order to capture this population and to...more

Back in Court: DMA Argues Before the Tenth Circuit to Follow Quill

Direct Marketing Association (DMA) continued its fight against Colorado’s use tax reporting regime during oral arguments today before the United States Court of Appeals for the Tenth Circuit. After getting sidetracked with a...more

New Credit Card Security Doesn’t Go Far Enough

Hardly a week goes by without a news report of a new cyberattack. As any consumer affected by fraud knows, the harm is real. The impact on businesses, government, and other targets is also real, and includes monetary harm...more

OFAC and BIS Announce Further Easing of Cuba Sanctions

Effective September 21, 2015, the Department of Treasury’s Office of Foreign Assets Control (OFAC) and the Commerce Department’s Bureau of Industry and Security (BIS) have amended the Cuban Assets Control Regulations and...more

Retailer Pricing Strategies: Back to School under the Competition Act

How much did you really save in Back to School sales? Can consumers trust a retailer’s claims about its “regular” prices and its “sale” prices? Canada’s competition law enforcer is showing renewed interest in retailers’...more

Hit By a Delivery Truck? Who Do You Sue?

For many Woodland Hills residents, the ease of online shopping has saved them time, money, and the stress of navigating crowded parking lots and busy retail stores. As online shopping becomes more of the norm, the number of...more

Still a Target: Court Certifies Bank Class Claims Against Retailer Following Data Breach

Although Target has tentatively settled consumer data breach class action claims, the retailer remains in the crosshairs of the plaintiffs’ class action bar. On September 15, a Minnesota federal district court certified a...more

As Website/Mobile Accessibility Regulations Near Completion, Plaintiffs' Firms Target Retailers

Retailers and other companies are coming under attack by plaintiffs’ law firms alleging that their websites and mobile applications do not comply with the accessibility requirements of the Americans with Disabilities Act...more

Class In Session: Minnesota Federal Court Certifies Class In Target Corporation Data Breach Suit

On September 15, 2015, a federal district court in Minnesota granted a motion for class certification of hundreds of credit unions and banks in an action against Target Corporation for damages stemming from the breach of...more

SEC Files Settled Financial Fraud Action

Financial fraud actions have traditionally been a staple of SEC Enforcement. During the market crisis, however, the number of those cases waned. Following the formation of a task force focused on financial statement fraud,...more

#Instagram, #Instafashion, #Instagood: A Fashion Foray into Instagram

Despite its reputation for over-filtered pictures, fashion blogging on #Instagram has moved the needle and compelled the fashion industry to welcome a group of #fashionistas that traditionally have been considered the...more

New Urgent Question: Does Your Website Accommodate Disabled Users?

Your business, school or enterprise has an obligation under the law to accommodate handicapped people in accessing your facilities. As more business moves to the Web, the U.S. Justice Department is increasingly finding that...more

Do You Need to Pay Minimum Wage or Overtime to Your Commission-Paid Employees?

Companies will sometimes take a chance on a new (or old) salesperson by allowing him/her to work on pure commission. This “eat what you kill” compensation system seemingly creates an incentive to sell with little risk to the...more

Blog: Trinity Wall Street Files Cert Petition: Will SCOTUS Delve Into The “Ordinary Business Operations” Exclusion For Shareholder...

You might recall Trinity Wall Street v. Wal-Mart Stores Inc, a case involving a shareholder proposal requesting that Wal-Mart’s board of directors develop a policy regarding the sale of high-capacity firearms, such as the...more

The Price of Customer Loyalty: Rewards Programs and Sales and Use Tax Issues

Retailers and other businesses use loyalty and rewards programs to draw in customers throughout the year. However, there are several sales and use tax consequences of promoting consumer loyalty. Here’s a brief question and...more

Target Data Breach Class Certified: Data Breaches Potentially Fertile Ground for B2B Class Actions

Retail data breaches are multi-victim crimes, with the retailer, consumers and affected third parties all having legitimate claims to “victimhood” – and each left squabbling as the hacker vanishes into the digital ether....more

[Event] Retail Best Practices: Accommodating Disabilities with Acumen, Protecting Data with Diligence, and Avoiding Class Actions...

Topics covered will include: Accommodating Disabilities in The Retail Work Environment: A discussion of recent developments under the employment provisions of the Americans with Disabilities Act impacting...more

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