Retailers

JCPenney: One ad worth a thousand apologies?

by Martha Engel | Winthrop & Weinstine, P.A. on 5/10/2013

When I hear “JCPenney,” I think of trips to the mall with my mom, annual Christmas catalogs the size of a brick filled with a toy section that kept me occupied and quiet for at least thirty minutes, and my prom dress. Nothing...more

On-Line Sales of Shipped Goods Held Outside Reach of California’s Song-Beverly Credit Card Act

by Ropes & Gray LLP on 5/7/2013

A California federal court recently narrowed further the scope of California’s Song-Beverly Credit Card Act (Cal. Civ. Code § 1747.08), which limits the information retailers can collect during credit card transactions, by...more

Disability Access Lawsuit Filed in Los Angeles Against Bed Bath & Beyond Could Spell Trouble For Retailers, Others

by David Raizman | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/6/2013

Earlier this week, on April 29, 2013, a man with hearing impairments filed suit against Bed Bath & Beyond alleging that it failed to provide captioning or a transcript for the product promotional video on display in its Los...more

Canadian Online Business Take Note: Internet Tax Case

by Field Law on 4/25/2013

“The world has changed dramatically in the last two decades… An entity may now have a profound impact upon a foreign jurisdiction solely through its virtual projection via the Internet.” ...more

Fast Food And Retail Workers Strike In Chicago

by Neil S. Goldsmith | Franczek Radelet P.C. on 4/24/2013

Hundreds of fast food and retail workers will be striking in downtown Chicago today in an effort to push for higher wages as part of the “Fight for $15” campaign. This comes just weeks after fast food workers in New York...more

California Transparency in Supply Chains Act

by Michael Taveira | Foley & Lardner LLP on 4/19/2013

As of last year, the California Transparency in Supply Chains Act requires qualifying businesses to disclose their efforts to eradicate human trafficking and slavery from their direct supply chains. ...more

Advertising Law -- Apr 18, 2013

by Manatt, Phelps & Phillips, LLP on 4/18/2013

In This Issue: No Rest for the NAD, As it Decides Multiple Mattress Disputes; Fur Sure? Retailers Make Faux Faux Fur Claims; Got Settlement? Muscle Milk Suit Settles for $5.3 Million; TCPA Class Actions Prohibited in New...more

Revised Florida Sweepstakes Law Effective April 10, 2013

by Kenneth Florin, Jessica Lee | Loeb & Loeb LLP on 4/18/2013

The State of Florida has amended its law governing games of chance (F.S. 849), revising certain provisions including those governing game promotions and sweepstakes run by retailers and consumer brands, among others. The...more

Retailers Should Use Caution In Collecting Zip Codes From Consumers

by Mark Bross | Adler Pollock & Sheehan P.C. on 4/15/2013

In a recent decision, Tyler v. Michaels Stores, the Supreme Judicial Court of Massachusetts ("SJC") has increased the risk of class action lawsuits under M.G.L. c. 93A against retailers who collect consumers' ZIP codes during...more

Is your promotion discriminatory in California?

by Felicia Williams | Thompson Coburn LLP on 4/12/2013

It might not occur to you to think about civil rights act compliance when planning an in-store or retail promotion – but that’s just what the state of California requires. The Unruh Civil Rights Act is a California statute...more

Yet Another Zip Code Class Action Filed in Massachusetts

by Amy Malone | Mintz Levin - Privacy & Security on 4/9/2013

Earlier this month, we reported on the privacy case against craft giant Michaels Stores in which the plaintiff alleged that Michaels illegally collected zip codes during credit card transactions. The case was ultimately...more

'Gray Market' Lawyer: Congress Won't Change Copyright Laws [Video]

by Bloomberg Law on 4/9/2013

April 9 (Bloomberg) -- Joshua Rosenkranz, head of the Supreme Court and Appellate Litigation practice at Orrick, Herrington & Sutcliffe LLP, talks with Bloomberg Law's Spencer Mazyck about obtaining a landmark victory from...more

Concerns About Databases Of Retail Employee Thefts

by Bruce Michael Cross | Perkins Coie on 4/5/2013

On April 3, 2013, the New York Times published an article about commercial databases that contain reports from retail employers about employees who were accused of stealing from their workplaces. Other retailers, for a fee,...more

Distribution in China – Legal Issues

by John Huang, Frank Schoneveld, Winston Zhao | McDermott Will & Emery on 4/4/2013

McDermott Will & Emery is pleased to offer “Distribution in China – Legal Issues*,” a one-stop resource covering distribution in China, including: The business models and legal structures most commonly used for...more

Court Limits Use of Zip Codes in Massachusetts Credit Card Transactions

by Thomas I. Elkind | Foley & Lardner LLP on 4/1/2013

In a recent decision, Tyler v. Michaels Stores, Inc., the Massachusetts Supreme Judicial Court held that zip codes are “personal identification information” and that a merchant asking for that information during a credit card...more

Massachusetts Supreme Court Rules ZIP Codes Are Definitely “Personal Identification Information”

by Erin Aures | Proskauer - Privacy & Data Security on 4/1/2013

In a recent ruling arising from certain certified questions in Tyler v. Michaels Stores, Inc., Civ. No. 11-10920-WGY (D. Mass. Jan. 6, 2012, the Massachusetts Supreme Court interpreted “personal identification information”...more

Massachusetts Follows California in Finding Retailers Vulnerable to Suit for Collecting Zip Codes in Credit Card Transactions

by Michael von Ansbach-Young | BakerHostetler on 3/26/2013

Earlier this month, the Massachusetts Supreme Court issued an opinion holding that zip codes “may well qualify” as personally identifiable information under the Massachusetts law controlling the treatment of PII in credit...more

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

by Joan Ellis, Chris Mitchell, H. Jonathan Redway | Dickinson Wright on 3/25/2013

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most...more

Levick Weekly - March 22, 2013: The Clairvoyant Corporation - General Counsel As Supermen

by Gene Grabowski, Richard S. Levick | LEVICK on 3/22/2013

In This Issue: - The Clairvoyant Corporation General Counsel as Supermen - Smart Social Media Strategy - The GNC “Jack3d” Lawsuit Retailer Liability Hangs in the Balance - Blogs Worth Following - LEVICK In...more

Massachusetts High Court Decision Regarding ZIP Codes Increases Consumer Litigation Risk for Retailers

by Ropes & Gray LLP on 3/20/2013

On March 11, 2013, the Supreme Judicial Court of Massachusetts ruled in Tyler v. Michaels Stores, Inc. that a retailer’s collection of ZIP codes while processing credit cards can violate Mass. Gen. Laws ch. 93, § 105(a), a...more

Massachusetts Echoes California and Disavows Data Mining by Zip Code

by BakerHostetler on 3/20/2013

In a decision last week, the Massachusetts Supreme Court held that zip codes are personally identifiable information, perhaps serving as a harbinger for other state court decisions still yet to come. This ruling is important...more

Retailers Beware: Massachusetts Court Restricts Ability To Collect ZIP Codes At Point Of Sale

by Amanda Beane, Thomas (Tom) C. Bell, Miriam Farhi | Perkins Coie on 3/19/2013

The Supreme Judicial Court of Massachusetts recently held that collecting a consumer's ZIP code at the point of sale may violate Massachusetts General Laws Chapter 93, Section 105(a) (Section 105(a)), which restricts the...more

Retailers Beware: Common Credit Card and Marketing Data Collection Practices Could Violate Law

by Richard Green | McCarter & English, LLP on 3/18/2013

Already home to one of the toughest data protection laws in the country, Massachusetts now joins California in having expansive protections for data exchanged during a credit card transaction....more

Massachusetts Supreme Judicial Court Rules That Retailers May Be Sued for Wrongful Use of Customer Zip Codes Recorded During...

by Cynthia Larose, A. W. "Chip" Phinney III | Mintz Levin - Privacy & Security on 3/14/2013

“May I have your zip code?” is an all-too-familiar question that may be going the way of the dinosaur in Massachusetts. Many retailers commonly ask customers for their zip codes when processing credit card transactions at,...more

Paper Carryout Bag Charge Is Not A Tax

by Jeffrey L. Massey | Kronick, Moskovitz, Tiedemann & Girard on 3/12/2013

Taxpayers and a manufacturer of plastic bags challenged a county ordinance that prohibits retail stores from providing customers with plastic carryout bags and requires the stores to charge their customers ten cents for each...more

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JCPenney: One ad worth a thousand apologies?

On-Line Sales of Shipped Goods Held Outside Reach of California’s Song-Beverly Credit Card Act

Disability Access Lawsuit Filed in Los Angeles Against Bed Bath & Beyond Could Spell Trouble For Retailers, Others

Canadian Online Business Take Note: Internet Tax Case

Fast Food And Retail Workers Strike In Chicago

California Transparency in Supply Chains Act

Advertising Law -- Apr 18, 2013

Revised Florida Sweepstakes Law Effective April 10, 2013

Retailers Should Use Caution In Collecting Zip Codes From Consumers

Is your promotion discriminatory in California?

Yet Another Zip Code Class Action Filed in Massachusetts

'Gray Market' Lawyer: Congress Won't Change Copyright Laws [Video]

Concerns About Databases Of Retail Employee Thefts

Distribution in China – Legal Issues

Court Limits Use of Zip Codes in Massachusetts Credit Card Transactions

Massachusetts Supreme Court Rules ZIP Codes Are Definitely “Personal Identification Information”

Massachusetts Follows California in Finding Retailers Vulnerable to Suit for Collecting Zip Codes in Credit Card Transactions

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

Levick Weekly - March 22, 2013: The Clairvoyant Corporation - General Counsel As Supermen

Massachusetts High Court Decision Regarding ZIP Codes Increases Consumer Litigation Risk for Retailers

Massachusetts Echoes California and Disavows Data Mining by Zip Code

Retailers Beware: Massachusetts Court Restricts Ability To Collect ZIP Codes At Point Of Sale

Retailers Beware: Common Credit Card and Marketing Data Collection Practices Could Violate Law

Massachusetts Supreme Judicial Court Rules That Retailers May Be Sued for Wrongful Use of Customer Zip Codes Recorded During...

Paper Carryout Bag Charge Is Not A Tax

'Gray Market' Lawyer: Congress Won't Change Copyright Laws [Video]

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