News & Analysis as of

California Online Marketplace

Husch Blackwell LLP

Ninth Circuit Issues Opinion on Constitutionality of California’s AADC

Husch Blackwell LLP on

Keypoint: The appellate court ruled that the California Age-Appropriate Design Code Act’s impact assessment provision is unconstitutional and remanded the case back to the trial court to consider the constitutionality of the...more

Fox Rothschild LLP

Cookies and Online Merchants: What Can We Learn From California Lawsuits

Fox Rothschild LLP on

New lawsuits that were recently filed in California echo some of the “cookie” conversations my colleagues and I have been having with online merchants and retail clients....more

McDermott Will & Emery

California Supreme Court Lets It Stand That CDTFA Can Decide Who Is and Is Not a Retailer

McDermott Will & Emery on

On April 26, 2023, the Supreme Court of California declined to review the Second District Court of Appeal’s decision in Grosz v. California Dep’t of Tax & Fee Admin. In the underlying case, Stanley Grosz, a business owner...more

Sheppard Mullin Richter & Hampton LLP

Online Marketplaces: It’s Time Track, Verify and Disclose Seller Info

A new set of California laws will require online marketplaces to gather verifiable identifying information about high volume third party sellers, or else boot them off the platform. The laws, which seek to combat the resale...more

McDermott Will & Emery

More than Tax Compliance: California Legislation Requires Marketplace Facilitators to Track “High-Volume” Seller Information

McDermott Will & Emery on

The responsibilities of marketplace facilitators operating in California are expanding under legislation recently signed by Governor Gavin Newsom. Starting on July 1, 2023, an “online marketplace” will be required to collect...more

Katten Muchin Rosenman LLP

More California Invasion of Privacy Act Claims Expected Following Ninth Circuit Decision

In an unpublished decision issued May 31 by the US Court of Appeals for the Ninth Circuit, the Court interpreted the California Invasion of Privacy Act, CA Penal Code § 630 et seq. (CIPA), and ruled that the plaintiff had...more

Wilson Sonsini Goodrich & Rosati

Are Online Marketplaces Liable for Product Defects? California Says Yes

As companies increasingly open and support online marketplaces for third parties to sell goods and products, the question has arisen as to what happens when one of those products is defective. Who is liable for any harm the...more

ArentFox Schiff

Recent Litigation and Proposed Legislation Reexamine Product Liability for Online Marketplaces

ArentFox Schiff on

As online shopping picked up during the COVID-19 pandemic due to brick-and-mortar closures, so too have questions about liability for online marketplaces. Traditionally, online marketplaces—e-commerce platforms that offer...more

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