News & Analysis as of

Retailers

Considering a Retail Merger?

by Bryan Cave on

The UK Competition and Markets Authority (“CMA”) has published new commentary to inform companies on how it assess retail mergers. The commentary should be read by any retailer considering merging with a competitor in the UK....more

A Retailer’s Failure to Pay Time And A Half for Work Performed on Sundays And Holidays May Violate Massachusetts’ Payment of Wages...

by Littler on

Massachusetts law requires most retail employers to pay employees time and a half for work performed on Sundays and certain holidays. In a case of first impression, a Massachusetts Superior Court judge recently held that...more

Businesses Beat Lawsuits Alleging Website Terms Violate New Jersey Law

by Bryan Cave on

Every retailer that does business in New Jersey needs to know about New Jersey’s Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”), which was passed in 1981 to protect the rights of consumers from allegedly...more

Dietary Supplement Advertising - April 2017

by Kelley Drye & Warren LLP on

State Regulation - CWAG Talks Dietary Supplements - At a gathering of the Conference of Western Attorneys General, a panel on “Regulatory Models and Transparency” focused on enforcement against USPlabs as a case...more

CPSC Recall Snapshot: April 2017

by Alston & Bird on

Welcome to the April edition of the Alston & Bird CPSC Recall Snapshot. In March, the CPSC approved a new federal standard for infant bathtubs. The CPSC stated that the new standard, which incorporates the most ...more

Retailers Beware! Dollar General Just Hit with $1.125 Million Judgment for Improper Hazardous Waste Handling and Disposal

by Stoel Rives LLP on

Here’s another major reminder to retailers to know their waste streams and to make sure they are being managed and handled properly. On Monday, Kern County Superior Court Judge Sidney P. Chapin ordered Dollar General (Dolgen...more

IRS Issues Guidance on “Placed in Service" Date for Retail Stores

by Miles & Stockbridge P.C. on

The IRS recently announced its disagreement with the ruling of the U.S. District Court for the Western District of Louisiana, that a retail store building could be considered “placed in service” before the retail store was...more

EU Competition Newsletter - April 2017

by Bryan Cave on

The Brexit referendum result in June last year created many uncertainties for the British economy and continues to do so. In this Breakfast Seminar, Robert Bell will focus his remarks on what he sees will be the likely...more

Dynamic Pricing: Is “Surge” Pricing Coming to Retail?

by Robins Kaplan LLP on

One of the biggest trends in retail today is dynamic pricing, where retailers can quickly change prices based on data-driven algorithms that incorporate demand, inventory, and competitors’ prices. This pricing technique...more

Hops on the 'Bus: ABC Omnibus Legislation (HB 500)

by Ward and Smith, P.A. on

House Bill 500 ("HB500"), pending in the North Carolina General Assembly, is a new bill of particular interest to the booming brewing industry in North Carolina. Scheduled for its first vote in the Committee on Alcoholic...more

Client Alert: Changes Brewing? How North Carolina's ABC Omnibus Legislation (House Bill 500) Would Affect Your Business

Changes are brewing as the North Carolina General Assembly considers proposed amendments to the brewery self-distribution cap, beer franchise laws, and off-premise container sales (i.e., “crowlers”), among other changes. ...more

The Rise of Concierge Retail

by Goulston & Storrs PC on

Retailers have always had to balance a number of different competing factors in order to stay competitive, including location, marketing and convenience. As discussed in this space, in today’s market, many retailers are...more

Here Today, Gone Tomorrow: the Allures and Legal Considerations of Pop-Up Shops

by Ward and Smith, P.A. on

For years now, a new type of retail merchant has been "popping up" everywhere. Short-term, temporary retail events, or "pop-ups," serve as a marketing strategy for retailers and entrepreneurs looking to extend their brand...more

California’s New Prop. 65 Warning Regulations Put Primary Burden for Providing Warning on Manufacturers

by Bryan Cave on

Companies that do business in California should be familiar with Proposition 65, which prohibits knowingly and intentionally exposing consumers to a chemical known to the state to cause cancer or reproductive harm without...more

EU Retail News - March 2017

by Bryan Cave on

From April 2017, the following legal changes are coming into effect. Make sure your business is prepared! Part of this publication originally published by Drapers - March, 2017...more

Law à la Mode: The future of retail; Green fashion; E-commerce in China; Brexit update: trademarks and design; and more (UK) Issue...

by DLA Piper on

Management, a Belgian national and expert on retail management and customer experience for fashion, department stores and home improvement retailing. He tells us about the changes he has seen in the retail sector over the...more

Supreme Court Says Credit Card Surcharge Ban Regulates Free Speech

by Seyfarth Shaw LLP on

The Supreme Court in Expressions Hair Design et al. v. Schneiderman held that New York’s law prohibiting credit card surcharging (General Business Law §5 18) regulates speech, and on Wednesday asked the Second Circuit to...more

North Carolina ABC Omnibus Legislation – House Bill 500

by Williams Mullen on

The North Carolina General Assembly is considering a number of alcohol-related bills in the 2017 long session. The most significant of these bills is the ABC Omnibus Legislation, House Bill 500, which proposes to allow North...more

Bank Website ADA Litigation Update

by Bryan Cave on

Recent court decisions from California and Florida may provide ammunition to retailers battling claims that their websites and mobile applications are inaccessible in violation of Title III of the Americans With Disabilities...more

Wool Claims

by Bryan Cave on

Although wool is one of the oldest natural fibers, it is still one of the most commonly used fibers in products ranging from clothing, to household items. As a result, it’s perhaps not surprising that one of our country’s...more

The Plastic Bag Ban: How Does Rapidly Changing Environmental Regulation Impact Your Business’s Expansion?

“Disposable” plastic bags have become a ubiquitous element of retail shopping over the past several decades, with most consumers barely thinking about the volume or impact of their use and disposal. Thin plastic bags have...more

A Cautionary Tale Regarding Consent and In-Store Tablets

by Dentons on

The Office of the Privacy Commissioner (OPC) recently released a case summary with implications for retailers attempting to obtain consent for privacy-compliance or anti-spam compliance purposes....more

Retail and Consumer Products Law Roundup - March 2017

Retailers Prevail Over Pharmacy Customers in California Tax Suit - Retailers have won a victory in the realm of California taxation in McClain v. Sav-on Drugs (March 13, 2017) __ Cal.App.5th __ (Nos. B265011 &...more

Cautious Optimism for Online Retailers: NJ Federal Court Dismisses another TCCWNA Claim for Lack of Constitutional Standing

by Locke Lord LLP on

A New Jersey federal judge dismissed a proposed class action against online retailer, J. Crew Group, Inc., alleging that the company’s website Terms and Conditions violated New Jersey’s Truth-in-Consumer Contract, Warranty,...more

Court Dismisses Website Accessibility Case as Violating Due Process, Since DOJ Still Has Not Issued Regulations

by Bryan Cave on

Recent court decisions from California and Florida may provide ammunition to retailers battling claims that their websites and mobile applications are inaccessible in violation of Title III of the Americans With Disabilities...more

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