News & Analysis as of

E-Commerce

Foster Garvey PC

U.S. Businesses Must Prepare for EU Accessibility Act Compliance by June 28

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The European Accessibility Act (“EAA”) takes effect across the European Union on June 28, 2025, for new products and services in the EU market. Products and services already on the market have a longer transitional period...more

Falcon Rappaport & Berkman LLP

Navigating the Patchwork of State Consumer Privacy Statutes: An E-Commerce Compliance Playbook

Online retailers now face an increasingly complex matrix of state consumer-privacy statutes that impose prescriptive requirements on data collection, monetization, and cybersecurity practices. ...more

Constangy, Brooks, Smith & Prophete, LLP

Liability Beyond Borders: Court expands scope of California privacy litigation

The U.S. Court of Appeals for the Ninth Circuit has issued a pivotal ruling that is likely to reshape privacy litigation for e-commerce platforms. In Briskin v. Shopify, Inc., the Court held that Shopify, despite being...more

Rivkin Radler LLP

The SOS of Online Sales: Selling Online Safely

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Selling goods or services online can be a challenge, as there are various legal issues to consider. Here are my top 10 recommendations for protecting your rights when using the internet as a tool for sales or licenses: 1....more

BakerHostetler

California Courts Split on Whether To Dismiss Song-Beverly Credit Card Act Claims for Online Purchases

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Ten years ago, a California Court of Appeal determined that the Song-Beverly Credit Card Act of 1971 (also the Act), an act that prohibits retailers from requiring consumers’ personally identifiable information (PII) as a...more

Fisher Phillips

Federal Judge Denies CIPA Lawsuit’s Class Certification: 5 Key Takeaways for Businesses

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In a significant decision for privacy class action litigation, a federal judge in California recently denied the certification of a proposed class action involving claims under the state’s invasion of privacy law. The May 29...more

Akerman LLP - SALT Insights

What’s Next for the Evolution of Public Law 86-272?

For over 65 years, Public Law 86-272 has dictated a state’s ability to assert income tax on an out-of-state business. While the 1959 federal law predated the emergence of e-commerce and digital services and could not have...more

White & Case LLP

EU Consumer Protection Cooperation Network finds consumer law breaches in the e-commerce sector

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The Consumer Protection Cooperation Network (CPC) found that the online marketplace and fast fashion e-retailer SHEIN engaged in a range of practices that are in breach of EU consumer law. Scope of the CPC coordinated...more

McDermott Will & Emery

Washington’s Digital Ad Tax Enacted: Is Litigation Now Inevitable?

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On May 20, 2025, Washington Governor Bob Ferguson signed into law Senate Bill (SB) 5814, a sweeping tax bill that expands Washington’s retail sales and use tax to digital advertising services and a range of high-tech and IT...more

Snell & Wilmer

Ninth Circuit Substantially Expands Personal Jurisdiction Over E-Commerce Businesses in Briskin v. Shopify

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On April 21, 2025, the United States Court of Appeals for the Ninth Circuit, sitting en banc, issued a decision in Briskin v. Shopify, Inc. substantially broadening the exercise of personal jurisdiction over online businesses...more

Troutman Pepper Locke

Price Transparency: Massachusetts Adopts New Consumer Protection Rules

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The Massachusetts attorney general’s (AG) office has finalized new consumer protection regulations aimed at eliminating hidden “junk fees” and improving price transparency. Set to take effect on September 2, the regulations...more

Procopio, Cory, Hargreaves & Savitch LLP

Ninth Circuit Expands Specific Jurisdiction in E-Commerce: What Briskin v. Shopify Means for Online Businesses

The Ninth Circuit sitting en banc has greatly expanded the reach of personal jurisdiction by holding that e-commerce companies can be sued in any state where their platforms interact with users, even without differential...more

Proskauer on Privacy

Ninth Circuit Reshapes Personal Jurisdiction Standards for E-Commerce Platforms in Briskin v. Shopify

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In a recent decision by the Ninth Circuit in Briskin, the court ruled that e-commerce platform Shopify purposefully directed its conduct toward California because of its nationwide operations, rejecting the need for...more

Sheppard Mullin Richter & Hampton LLP

Ninth Upends Internet Personal Jurisdiction Law–Briskin v. Shopify

In a landmark ruling, the Ninth Circuit expanded the application of specific personal jurisdiction principles to the realm of nationwide e-commerce. On April 21, 2025, an en banc panel issued a 10–1 decision ruling that...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit En Banc Reverses Panel Decision and Holds Non-Resident Corporation Providing Web-Based Payment Processing Platform...

In Briskin v. Shopify, Inc., No. 22-15815, 2025 U.S. App. LEXIS 9410 (9th Cir. Apr. 21, 2025), the United States Court of Appeals for the Ninth Circuit, sitting en banc, held that the Canada-based company Shopify, Inc....more

Kohrman Jackson & Krantz LLP

Amazon’s “Buy Box” Legally Boxes Out the Competition

On March 20, 2025, the Ninth Circuit Court of Appeals affirmed a district court’s order to dismiss a consumer antitrust lawsuit filed against Amazon. In the lawsuit styled Hogan v. Amazon.com, Inc., the consumer-plaintiffs...more

Kohrman Jackson & Krantz LLP

TikTok on the Clock: Brands Should Begin Monitoring TikTok for Unauthorized Resellers

The ever-growing ecommerce market continues to present new opportunities for brands. But with those new opportunities comes additional challenges in preventing the unauthorized resale of products online. In the past,...more

Kohrman Jackson & Krantz LLP

The Hidden Impact of Tariffs: Why Brands Must Strengthen Online Enforcement Efforts

In today’s volatile global trade environment, tariffs have become a double-edged sword for brands. Intended to protect domestic industries, tariffs often lead to unintended consequences that pose significant challenges for...more

Wiley Rein LLP

Ninth Circuit Privacy Ruling Could Be Used to Expand Potential Forums for E-Commerce Lawsuits

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On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand...more

Alston & Bird

Ninth Circuit Addresses Personal Jurisdiction Based on E-Commerce Data Collection in En Banc Decision

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A recent decision by the Ninth Circuit Court of Appeals in Briskin v. Shopify, Inc., No. 22-15815, could impact the scope of personal jurisdiction over e-commerce and other entities that utilize cookies to collect personal...more

Clark Hill PLC

Ninth Circuit expands specific jurisdiction for e-commerce platforms

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In Briskin v. Shopify, Inc., the Ninth Circuit Court of Appeals, sitting en banc, reversed a district court’s dismissal of a proposed data privacy class action for lack of personal jurisdiction. In applying traditional...more

Benesch

Postal and De Minimis Tariff Changes Coming - New Trump' 47 Rules

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Postal and de minims imports are ground zero for e-commerce, drug interdiction, customs duty evasion, and the geopolitical tensions between the United States and China. This type of international traffic lies squarely at the...more

Proskauer - New Media & Technology

Contract Law in the Age of Agentic AI: Who’s Really Clicking “Accept”?

In May 2024, we released Part I of this series, in which we discussed agentic AI as an emerging technology enabling a new generation of AI-based hardware devices and software tools that can take actions on behalf of users. It...more

Cozen O'Connor

Pennsylvania Perspective for Monday, March 31, 2025

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Medical Marijuana Oversight Bill Advances - The Pennsylvania House advanced a bill earlier this month to address concerns about doctor practices and patient care by increasing oversight of the state’s medical marijuana...more

Buchalter

Want to Ensure Arbitration in an E-Commerce World? Time To Refresh Your Website’s Terms of Service

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Recent court decisions have raised the bar for enforceable arbitration provisions in website Terms of Service (ToS) agreements. E-commerce businesses must ensure their website architecture and ToS design meet current legal...more

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