News & Analysis as of

Retail Market

Indiana Supreme Court Finds Negligent Hiring Claims Are Improper When Employers Admit Employee Was Acting Within Scope Of...

by Reminger Co., LPA on

The Indiana Supreme Court overturned a Court of Appeals decision issued earlier this year when, on October 31, 2017, it found that employers cannot be liable for negligent hiring when they admit that their employees were...more

Cost Of Convenience For The Grocery Industry: On-Demand Grocery Delivery Service Presents Possible Legal Ramifications

by Rumberger Kirk & Caldwell on

Amazon, Uber, Peapod and FreshDirect have changed the way people shop, travel and order food. Until recently, consumers continued shopping in brick-and-mortar stores for their groceries.  However, with the advent of third...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

As retailers do all they can to fight the e-commerce wave, some bricks-and-mortar shops are experimenting with a rather counterintuitive strategy: smaller spaces and a showroom-style approach....more

Key Regulatory Topics: Weekly Update - 10 November 2017 – 16 November 2017

by Allen & Overy LLP on

BREXIT - UK Finance proposes model for post-Brexit financial services under EU-UK trade agreement - On 16 November, UK Finance published a report entitled "Supporting Europe's economies and citizens: a modern approach...more

Restaurant Industry Gets Another Chance To Chime In On Menu Labeling

by Lewitt Hackman on

Franchisors in the food service industry have until January 18, 2018 to comment on the latest version of the Food & Drug Administration’s Menu Labeling Guidance. The FDA released the draft November 7th. This version includes...more

FDA Releases New Guidance On Menu Labeling Rule

by Fox Rothschild LLP on

The Trump administration is moving forward with an Obama-era initiative requiring certain food establishments to list calorie information on menus and menu boards, including food on display and self-service food. The FDA...more

UK ‘Sugar Tax’ – Draft Regulations Published

by Hogan Lovells on

The UK tax authority HM Revenue and Customs (HMRC) has published draft Regulations setting out further details on the new UK ‘Soft Drinks Industry Levy’, which will apply from 6 April 2018....more

Orange County Unanimously Approves Medical Marijuana Dispensaries

Though over 71% of Florida voters in 2016 approved Amendment 2 to allow medical marijuana, the numbers were higher in Orange County. Over 73% of Orange County voters said yes to Amendment 2, and that support was reflected in...more

Fashion Forward

by Akerman LLP on

Defying the conventional wisdom that the future of retail is all in clicks, luxury retailers are betting big on brick and mortar in upscale urban markets. Coined “high street retail,” designer brands and urban developers...more

Looking Inside the Mind of a Gen Z Shopper

by Goulston & Storrs PC on

As the 2017 holiday season nears, consumers are getting ready to open their wallets and retailers are hoping their promotions will attract those consumers. Generation Z (“Gen Z”), which includes young people born in the...more

National Appliance And Electronics Retailer’s Sales Commission Policy Was Lawful – For The Most Part, Sixth Circuit Rules

by Jackson Lewis P.C. on

In what may be viewed as a pyrrhic victory, now-defunct[1] “big box” electronics, appliance and furniture retailer hhgregg’s commission-with-draws compensation program generally was lawful under the FLSA, the Sixth Circuit...more

Fashion Law Newsletter - November 2017

by K&L Gates LLP on

"In order to be irreplaceable, one must always be different." - Coco Chanel Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion industry. In...more

Electronic Wage Statements — The Next Trap For Employers?

by Carlton Fields on

An employer dodged a bullet before a California jury this week. But the fact that a class was certified and went to a jury suggests that the plaintiff’s bar is increasingly focused on the adequacy of electronic wage...more

Surviving the Retail Shift: Part 4 of a 5 Part Series - Whose Property Is It? What to Do with Personal Property After a Tenant...

by Polsinelli on

As some retail tenants face failing business – or worse, have already shuttered their stores – shopping center owners and managers must deal with the aftermath. The wreckage of a failed retail business often includes the...more

Kidde Fire Extinguishers Recalled: Check Your Household/Consumer Fire Extinguishers!

by Varnum LLP on

A major manufacturer of fire extinguishers has issued a recall after hundreds of reports of failed or limited fire extinguisher activation and at least one death, in which emergency responders could not get the recalled fire...more

New Experiences, New Retail Opportunities

by Goulston & Storrs PC on

Despite all of the noise about the rise of e-commerce and omni-channel distribution and the demise of brick-and-mortar, 85% of retail sales are still made in physical stores, and physical stores will continue to be at the...more

The Arbitration Resistance May Look Like This… (Post #300)

What happens when state courts disagree with SCOTUS’s interpretation of the Federal Arbitration Act? They resist, and they have a thousand different ways of doing so. The Mississippi Supreme Court demonstrated one way to...more

European Parliament to Consider Report on Retail Financial Services

The European Parliament procedure file indicates that the report outlining the European Commission’s action plan on retail financial services will be considered in mid-November. The action plan, published in March 2017,...more

Digital Innovation and the Experiential Evolution of Retail

Since the rise and ubiquity of e-commerce, it’s no secret that brick-and-mortar retailers have seen a decline in foot traffic. Retailers are facing store closures, and some perceive digital as a threat to their existence....more

Retailer Liability Under The Florida Unfair And Deceptive Trade Practices Act

by Rumberger Kirk & Caldwell on

Retailer Liability Under the Florida Unfair and Deceptive Trade Practices Act - Florida retailers have long been part of products liability litigation based on their position in the chain of distribution. But retailers now...more

Shifty Business II: Rules Proposed for NYC’s Fair Workweek Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The NYC Department of Consumer Affairs has proposed rules implementing the Fair Workweek Law, which imposes significant constraints on shift scheduling in the retail and fast food industries. The comment...more

Key Regulatory Topics: Weekly Update - 20 October 2017 – 26 October 2017

by Allen & Overy LLP on

BREXIT - Brexit – HoC Treasury Committee launches inquiry into UK's economic relationship with the EU - On 20 October, the HoC Treasury Committee launched an inquiry into the UK's economic relationship with the EU. The...more

Importing Products From China: Beware FCC Regulations

by Revision Legal on

There are many startup and already successful e-commerce entrepreneurs who are importing products from China and then make good profits by re-selling them on Amazon and/or on similar online sales platforms....more

Judge Broderick Finds That TC Heartland Affected a “Sea Change” and Grants Motion to Dismiss For Improper Venue

On October 20, 2017, District Judge Vernon Broderick (S.D.N.Y.) granted Defendants' Watters Design, Inc.'s, Essense of Australia, Inc.'s, and David's Bridal, Inc.'s motions to dismiss under Federal Rule of Civil Procedure...more

Surprises For International Retailers Coming to the USA

by Goulston & Storrs PC on

We are all aware that stateside landlords long for that new, fresh idea—something they can show off at their mall or street location and that can’t be found in every mall in every city in the country. ...more

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