News & Analysis as of

Internet Retailers Corporate Counsel

Husch Blackwell LLP

Privacy Litigation Alert: Two California decisions weigh in on pen registry and “tap and trace” tech claims – but reach different...

Husch Blackwell LLP on

Keypoint: Two California state court decisions have addressed motions to dismiss claims under the novel “pen registry” and “tap and trace” theories, but reached different outcomes after finding different policy considerations...more

Jones Day

UK Supreme Court Rejects Amazon's Trademark Infringement Appeal

Jones Day on

In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Another California Appellate Court Holds That ADA Does Not Apply to a Virtual Business’s Website

On September 13, 2023, the Court of Appeal of the State of California, Fourth Appellate District, covering Orange County and San Diego County and the southernmost areas of California, held that the Americans with Disabilities...more

BakerHostetler

Let’s Get Informed About the INFORM Act

BakerHostetler on

Congress sometimes passes legislation in a quite dramatic manner, with countless hearings, headlines, statements, and discourse. Other times, things happen just a bit more quietly, with language appearing in an omnibus...more

Seyfarth Shaw LLP

New Federal Disclosure Requirements for Online Sellers Target Anonymous Counterfeiters

Seyfarth Shaw LLP on

A new federal law requires increased transparency in online sales transactions with the aim of protecting consumers against fraudsters and counterfeiters that historically have been able to hide anonymously behind unverified...more

Proskauer - Corporate Defense and Disputes

No Influence: Court Dismisses Claim Based on CEO’s Raucous Influencer Parties

Earlier last month, Judge Vince Chhabbria of the United States District Court for the Northern District of California dismissed a novel complaint that the court noted stretched the bounds of when directors of a company could...more

Kelley Drye & Warren LLP

Fashion Nova Sued Over Failure to Post Negative Reviews

In January, we posted that Fashion Nova had agreed to settle an FTC complaint alleging that the company’s practice of suppressing negative reviews on its site “deprives consumers of potentially useful information and...more

Jackson Lewis P.C.

Justice Department Breaks its Silence Regarding Website Accessibility

Jackson Lewis P.C. on

The Department of Justice (“DOJ”) issued Guidance on Web Accessibility and the ADA (the “Guidance”) regarding website accessibility under Title III of the Americans with Disabilities Act (“Title III”). The Guidance explains...more

Dickinson Wright

Loomis v. Amazon: Strict Products Liability in the World of E-Commerce

Dickinson Wright on

On April 26, 2021, the California Court of Appeal issued its decision in Loomis v. Amazon.com LLC, which could have drastic consequences for operators of e-commerce sites being sued for strict liability for injuries incurred...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

Womble Bond Dickinson

Surf’s Up: New Wave of Novel Accessibility Litigation Hits Retailers

Womble Bond Dickinson on

During the past month, major retailers have been hit with a new wave of suits alleging that they discriminate against people with visual disabilities in violation of the Americans with Disabilities Act (“ADA”) by failing to...more

Faegre Drinker Biddle & Reath LLP

Recent Court Opinions Signal Potential Expansion of Online Marketplace Liability

An opinion from the District of Arizona on Friday, September 27, 2019, highlights the divide created by a pair of recent opinions from the 3rd and 6th Circuit Courts of Appeals. The two opinions, issued days apart, suggest...more

Alston & Bird

U.S. Supreme Court Clarifies the Direct-Purchaser Rule, Allows App Purchasers to Proceed Against Apple

Alston & Bird on

Wondering if you’re a direct purchaser from a monopoly? There’s a Supreme Court ruling for that. Our Antitrust Team downloads the Court’s Apple v. Pepper decision and considers its conclusions and implications....more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Holds Antitrust Claims of iPhone App Consumers Are Not Barred by Illinois Brick

On May 13, 2019, in a 5-4 decision in Apple Inc. v. Pepper, the U.S. Supreme Court held that consumers of iPhone apps are direct purchasers of Apple and therefore have standing to sue the company for alleged monopolization of...more

Wilson Sonsini Goodrich & Rosati

Developments in Enforceability of Arbitration Provisions in Consumer-Facing Online Agreements

Courts throughout the country continue to express skepticism over, and go to lengths to deny the enforceability of, arbitration provisions in consumer online agreements. A recent example from the New York Supreme Court for...more

Jackson Lewis P.C.

U.S. Supreme Court Allows Zappos Data Breach Litigation To Proceed

Jackson Lewis P.C. on

Yesterday, the U.S. Supreme Court rejected a petition for a writ of certiorari by Zappos requesting the Court to review a Ninth Circuit Court decision which allowed customers affected by a data breach to proceed with a...more

Kilpatrick

A Range Of State Responses After Wayfair

Kilpatrick on

Several weeks have passed since the United States Supreme Court decided South Dakota v. Wayfair Inc. Many states have already issued administrative guidance in response to the decision. Other states have announced that they...more

Hogan Lovells

A game changer? China enacts first e-commerce law

Hogan Lovells on

In stark contrast to the rapid development of e-commerce in China, it has taken nearly five years and no less than four drafts for China to finalise its first e-Commerce Law. The new law will enter into force on 1 January...more

BCLP

UK Landmark Competition Case Condemns Absolute Internet Sale Ban As A Serious Breach Of Competition Law.

BCLP on

The Competition Appeal Tribunal (“CAT”) handed down its judgment on 7 September 2018 in relation to an appeal by Ping Europe Limited (“Ping”) challenging the decision of the UK Competition and Markets Authority (“CMA”) to...more

A&O Shearman

The European Commission Fines Four Consumer Electronics Manufacturers for Fixing Online Resale Prices and Sketches the Contours of...

A&O Shearman on

The Commission’s decisions of 24 July 2018, fining Philips, Asus, Denon & Marantz and Pioneer for fixing online retail prices, inaugurates a much-awaited wave of verdicts on vertical restrictions, with the noteworthy...more

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

Littler on

The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Goulston & Storrs PC

No Relief in Sight from Website Accessibility Lawsuits

Goulston & Storrs PC on

In February 2017, we reported on a surge in website accessibility lawsuits brought under the Americans with Disabilities Act (“ADA”). This litigation trend has accelerated over the past year and shows no signs of slowing...more

Fenwick & West LLP

Appellate Court Finds Risk of Identity Theft Sufficient to Establish Standing, Circuit Split Worsens

Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing....more

Sheppard Mullin Richter & Hampton LLP

Under the Radar Changes to Proposition 65 – OEHHA Issues New “Guidance” For Web Purchases (Is it an Illegal “Underground...

If your products are sold online or you operate a website with sales to consumers in California, these changes will impact whether you can obtain “safe harbor” protection under Prop 65. Over a year after adopting new...more

BCLP

A New Year for Online Businesses: DOJ Ends 2017 by Withdrawing Website Accessibility Rulemaking

BCLP on

2017 was a busy year for retailers and businesses with an online presence, as they faced a wave of demand letters and lawsuits alleging that their websites are inaccessible to the visually impaired and/or hearing impaired in...more

42 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide