Podcast - The Briefing: Unmasking Luxury Knockoffs – Amazon Sues Influencers for Promoting Counterfeit Goods
Fashion Counsel: Privacy in the Retail Fashion Industry
Law Brief®: Mark Rosenberg and Richard Schoenstein Discuss Online Distribution Leakage
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Podcast: South Dakota v. Wayfair
Stealth Lawyers: Steven Abt & Moiz Ali, Craft Spirits Curators
Over the past few months, a wave of new lawsuits has been filed in California state court against online retailers alleging violations of California’s Song-Beverly Credit Card Act, Cal. Civ. Code § 1747.08 (“Song-Beverly”)....more
The Massachusetts’ Consumer Privacy in Commercial Transactions Act (the “Act”) limits companies’ ability to request and collect personal identification information (“PII”) that is not required for a transaction. The Act does...more
In the latest iteration of privacy claims, California plaintiffs have begun filing lawsuits against online retailers using online tracking technologies to collect IP addresses under a new theory—plaintiffs allege such...more
Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more
Once thought to herald the demise of brick and mortar stores, online shopping is proving to be a critical element in the revival of the in-person retail shopping experience. The advent of online shopping forced a substantial...more
In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using “pen register” and “trap and trace” software to...more
Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide. The Hogan Lovells Retail and Fashion team is delighted to bring you our...more
Today, the hotly-debated and highly-anticipated Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (“INFORM Act”) finally takes effect....more
California AG Rob Bonta, along with brick-and-mortar retailers and online marketplaces, adopted an agreement aimed at combatting organized retail crime (ORC). The agreement explains that ORC has increased in California in...more
Bill S6437, a bill making its way through the New York State Senate, would purport to place electronic marketplace providers on the same footing as retailers for purposes of New York’s strict liability law. While the law...more
The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more
The holiday shopping season is upon us once again and this year, much like last year, continues to present unique challenges and opportunities for consumer companies and retailers. In this nearly “post-COVID” environment,...more
The California Court of Appeals has held that websites operated by online only businesses are not “places of public accommodation” subject to Title III of the ADA, agreeing with the Ninth Circuit Court of Appeals, and...more
We are all increasingly familiar with, and probably increasingly frustrated by, the use of chatbots to attempt to solve some problem we are having with a company, often delivery of a purchased item. The “virtual agent” (not...more
This week, the FTC finalized an order settling a complaint alleging that an online fashion retailer blocked negative reviews of its products on its e-commerce site. The penalty: a $4.2 Million fine, 10 years of record keeping...more
Throughout the pandemic, retailers had to act swiftly to adapt to stay-at-home orders and social distancing guidelines. This meant making the most of the technologies available and experimenting with new technologies — both...more
In today’s ever-expanding e-commerce environment, online brand protection and enforcement has become a necessary undertaking of paramount importance for brand owners in efforts to combat the illicit trade of counterfeit and...more
The holiday shopping season is upon us once again and this year, as last, continues to present challenges for consumer companies and retailers. Omnichannel is growing in prominence as consumers maintain their reliance on...more
Holiday Crowds – Black Friday Deals - Holiday shopping has begun! Consumers strategically making their lists and hitting the malls a month ahead of time are hopeful to avoid an expected shortfall of gift options. ...more
Online retailers storing credit card data for the sole purpose of facilitating further purchases will likely need to obtain consumer consent. Online shopping has boomed in recent years. In 2020, the European statistics...more
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
As firearms industry participants well know, gun sales continue to break records. Last year alone, nearly 40 million National Instant Criminal Background Check System (NICS) checks were performed....more
As many retailers and manufacturers that sell directly to their customers know well, sale and similar promotional pricing practices have been the targets for regulators and class action plaintiffs for several years, and...more
The new legislation extends both the protections available to consumers, as well as the obligations applicable to e-commerce retailers. With its recent implementation of a new consumer protection law, the United Arab...more
Since March 2020, the COVID-19 pandemic has impacted virtually all aspects of our daily lives. Zoom meetings have replaced conference room gatherings. Kids attend classes from kitchen tables. Family movie nights are likely to...more