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E-Commerce

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?

McDermott Will & Emery on

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

Alston & Bird on

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

Clark Hill PLC on

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

Benesch on

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

Cozen O'Connor on

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

Cozen O'Connor

FTC Presses Pause on Alleged E-Commerce Business Opportunity Scheme

Cozen O'Connor on

The FTC secured a temporary restraining order and other relief against Click Profit, LLC and related entities arising from allegations that the companies operate an e-commerce business opportunity scheme in violation of...more

McDermott Will & Emery

The Next Wave of ADA Website Accessibility Lawsuits Against Alcohol Suppliers

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The increasing popularity of online shopping has made e-commerce businesses – specifically those in the alcohol beverage industry – a frequent target for costly litigation. In lockstep with the continued prevalence of website...more

Davis Wright Tremaine LLP

PCI SSC Clarifies Obligations for Ecommerce Merchants That Outsource Payment Card Processing

The Payment Card Industry Security Standards Council (PCI SSC) has issued an FAQ for ecommerce merchants that outsource their payment card processing to a vendor using an embedded payment page or form (such as an "iframe")....more

ArentFox Schiff

What Private Companies and Family Offices Need to Consider in 2025

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Across all industries, private companies, family offices, and their owners and management teams face rapidly evolving challenges, opportunities, and risks in the dynamic environment that is 2025. Here are 11 issues that...more

Winstead PC

Navigating Houston’s Unique Port, Rail, and Industrial Distribution Market: A Legal Perspective

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Houston, Texas, is a powerhouse of industrial distribution, boasting one of the most dynamic logistics and transportation infrastructures in the United States. The city’s strategic location, access to global markets, and...more

Morrison & Foerster LLP

ICPHSO 2025: CPSC at ICPHSO

This second installment of our series highlights the Consumer Product Safety Commission’s (CPSC) presence and guidance at this year’s ICPHSO annual symposium. CPSC had a notably smaller presence this year. Agency...more

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