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BCLP

The Amazon Regrows: DC High Court Revives Suit Against Amazon’s Pricing Practices

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On August 22, 2024, the DC Court of Appeals revived a suit brought by the District of Columbia Attorney General’s Office (DC AG) against Amazon. The suit, which the superior court previously dismissed, alleges that Amazon’s...more

BCLP

Amazon added to CMA’s shopping list of grocery retailers

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The way in which we buy groceries has vastly transformed over the last few years given the increasing prominence of online sales and delivery services, a trend exacerbated by the global pandemic. As society’s buying habits...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

Proskauer - Minding Your Business

Price Gouging Takedowns – The Online Platforms Have a Say

Over the past month, state enforcers have declared a war on price gouging, but some of the most effective enforcers have not been the states. Online platforms and other large retailers have taken extraordinary steps to...more

Burr & Forman

South Carolina Publishes Remote Seller Sales Tax Guidance

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The Policy Division of the South Carolina Department of Revenue has issued a draft revenue ruling addressing retailers without a physical presence in South Carolina. Comments on the draft ruling are due by August 27, 2018,...more

A&O Shearman

Vertical Agreements in the Online Sales of Goods

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The growth of e-commerce and the resulting increase in price transparency and price competition have a significant impact on companies’ distribution strategies and consumer behavior. While the emergence of e-commerce has the...more

BCLP

Retailers Anxiously Await Possible Changes to Taxation of Online Sales

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Retailers will be closely watching the outcome of the U.S. Supreme Court’s decision to revisit a 26-year-old case which has limited states’ taxing authority over online sales. The Supreme Court, heeding calls from...more

Mintz - Intellectual Property Viewpoints

Have you ever used a one-click ordering process online? Then you indirectly paid Amazon.

If you purchased anything from a website using a one-click purchase button, you indirectly paid Amazon for that ability, at least up until September 11, 2017 when Amazon’s patent to this technology expired. As a result,...more

Mintz

Second Circuit Continues the Ebook Saga by Affirming Apple’s Role in an Unlawful Price Fixing Conspiracy

Mintz on

On June 30, 2015, the same day as the launch of Apple’s new streaming music service, the Second Circuit Court of Appeals coincidentally affirmed a district court ruling that Apple conspired with five of the country’s largest...more

Cadwalader, Wickersham & Taft LLP

Department of Justice Antitrust Division Charges Former E-Commerce Executive with Price-Fixing in First Ever Online Marketplace...

On April 6, 2015, the Department of Justice Antitrust Division announced that David Topkins, a former executive of an e-commerce seller of wall décor, had pled guilty to a one-count felony charge for conspiring to fix the...more

Womble Bond Dickinson

U.S. Supreme Court Rules That Time Spent In Mandatory Security Screening at the End of a Workday Is Not Compensable

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The United States Supreme Court issued an interesting decision last month on whether employees who are required to undergo security screening after their work was done should be paid for that time. The Supreme Court found in...more

Proskauer - California Employment Law

Time Spent By Warehouse Workers In Security Screening Is Not Compensable Under Fair Labor Standards Act

The employer in this case, Integrity Staffing Solutions, Inc., provides staffing to Amazon.com throughout the United States. Plaintiffs Jesse Busk and Laurie Castro worked as hourly employees retrieving and packaging products...more

Manatt, Phelps & Phillips, LLP

Employment Law - January 2015

U.S. Supreme Court: Security Screenings Not Compensable - Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by...more

Holland & Knight LLP

Time Spent in Employer-Mandated Security Checks Held Non-Compensable: U.S. Supreme Court Decision in Integrity Staffing Solutions,...

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In a recent U.S. Supreme Court decision, a unanimous court held that time spent by employees in mandatory security checks after work is not compensable, unless the screenings are "integral and indispensable" to the principal...more

Fenwick & West LLP

Waiting for and Undergoing Security Checks Not Compensable Time

Fenwick & West LLP on

The United States Supreme Court recently held in Integrity Staffing Solutions, Inc. v. Busk et al. that time spent waiting for and undergoing post-shift security checks is not compensable under the Fair Labor Standards Act...more

Goulston & Storrs PC

Would You Like That Retail Purchase Take-Out or Delivery? The 2014 Holiday Season Saw Brick-and-Mortar Retailers and Shopping...

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Necessity is the mother of invention, as they say, and online retailers such as Amazon and Zappos (each offering free 2-day shipping to their Prime and VIP customers, respectively) are certainly driving traditional...more

Nossaman LLP

Did You Know…Security Time Is Not Compensable Time

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In Integrity Staffing Solutions, Inc. v. Busk, the United States Supreme Court addressed whether an employee is “working” when undergoing a security screening because he or she is required to do so by the employer. In a...more

Laner Muchin, Ltd.

U.S. Supreme Court Hears Argument On Compensability Of Time Spent By Employees Undergoing Post-Shift Security Checks

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In Integrity Staffing Solutions v. Busk, the United States Supreme Court heard oral argument recently in a class action case regarding whether employees assigned by their employer to work at an Amazon warehouse must be...more

Patterson Belknap Webb & Tyler LLP

What Is the Appropriate Market for Analyzing Amazon’s Alleged Power?

The current debate over whether Amazon holds the power of a monopolist or a monopsonist is likely to be narrowed to one question in a court room: What is the relevant product market that Amazon is allegedly dominating? Since...more

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