News & Analysis as of

Retail Market

Following A Long Thaw, ICE Returns With Increased Worksite Enforcement

by Seyfarth Shaw LLP on

Seyfarth Synopsis: “ICE will enforce the law, and if you are found to be breaking the law, you will be held accountable.” Referring to Immigration and Customs Enforcement’s (ICE) early morning raids at nearly a hundred...more

Now We Know the Government Means Business: Prepare for an ICE Raid

by Barley Snyder on

The federal government has done everything but release a road map of what businesses U.S. Immigration and Customs Enforcement will raid to weed out illegal immigrants during President Donald Trump’s term of presidency....more

Tax Reform: What Does the Tax Cuts and Jobs Act Mean for the Manufacturing, Distribution and Retail Industry?

The Tax Cuts and Jobs Act of 2017 (the “Act”) was signed into law by President Donald Trump on December 22, 2017. The Act changes many provisions of the Internal Revenue Code, from individual and business provisions, to...more

Freedom To Surcharge—Ninth Circuit Rules Businesses Can Charge Card Fees

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Ninth Circuit upholds district court decision granting five businesses injunctive relief, finding that state law banning credit card surcharges is unconstitutional as applied to the five businesses. ...more

Notes on Day 2 of the JP Morgan Healthcare Conference

San Francisco (Tuesday, January 9, 2018): Day 2 of the 2018 JP Morgan Healthcare Conference provided concrete examples of the trends that have been discussed in recent years – the impact of shifting healthcare delivery...more

Rise of the Drones: Flying Over Newton and Registration Requirements Reinstated

by Goulston & Storrs PC on

The skies are a little friendlier for drones now that the Dutch police have suspended their squad of drone-hunting eagles. This is also great news for retailers, as drone popularity continues to soar with overall electronics...more

Employee Tracking: Balancing Privacy and Productivity

by Robins Kaplan LLP on

It might be tempting to use software to track your employees, whether it’s to increase their productivity or to figure out if you’ve been left out of the e-vite to your coworker’s big barbecue. ...more

Prop 65 Victory For Defendants – Defendants Are Entitled To Have Their Cases Heard In the County Where the Claim Arose

Prop 65 Plaintiffs routinely file most Prop 65 cases in Alameda County, presumably because they believe it is a plaintiff-friendly forum. However, the California Court of Appeal recently issued a victory for Prop 65...more

Ninth Circuit Rules California "No Credit Card Surcharge" Law Violates First Amendment

by Ballard Spahr LLP on

A California law that prohibits merchants from imposing a surcharge on credit card purchases violates the First Amendment of the U.S. Constitution, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit has...more

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

by Fisher Phillips on

Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more

3 Real Estate Trends To Watch In 2018

Orrick’s Michael Haworth recently spoke with Law360 about real estate trends to watch in 2018. Michael noted that "a lot of what's going to drive future investment in the U.S. real estate market is activities in the major...more

Seller Beware: Advertising "On Sale" Pricing Can Lead to Legal Trouble

by Hogan Lovells on

A wave of recent putative class action cases alleging violations of federal pricing guidelines and the consumer protection laws of various states is having a major impact on the retail sector. Please see full Publication...more

Vitamin D and Retail: But Not Without Due Diligence First

by Goulston & Storrs PC on

We’ve all read about the question marks floating around the fate of brick and mortar retail in America. Factors like the strength of e-commerce and shifting consumer preferences (such as the popularity of urban centers over...more

Voter-Approved Initiative To Limit Large Developments And Chain Stores Exceeded Initiative Power

by Perkins Coie on

In a case that illustrates the limits of use of voter-approved initiatives to limit development, the court of appeal invalidated an initiative passed by voters in the City of Malibu that sought to limit large developments and...more

Food & Beverage Litigation Update | December 2017 #3

by Shook, Hardy & Bacon L.L.P. on

Proposition 65 - After California voters approved the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65), the state’s Office of Environmental Health Hazard Assessment (OEHHA) began publishing a list of...more

Petitioner’s Failure To Comply With Discovery Regarding Its Standing To Sue Results In Dismissal Of CEQA Case

by Perkins Coie on

A CEQA case challenging the City of Wildomar’s approval of a Wal-Mart retail complex has been dismissed because the petitioner refused to comply with discovery requests regarding its standing to sue. Creed-21 v. City of...more

China issues its second Draft E-Commerce Law

by Hogan Lovells on

On 7 November 2017, the Standing Committee of the National People’s Congress (“NPC“) published the second draft of the E-commerce Law (?????(???????), “Draft“). The goal of the Draft is to regulate China’s burgeoning...more

Teavana and Whole Foods: Is the Pendulum Swinging in Favor of Protecting Mall Landlords Against Strategic Tenant Closures?

by Goulston & Storrs PC on

As mall landlords continue to see substantial tenant vacancies, some landlords have begun to challenge solvent tenants who decide to go dark before the end of their lease. In two important recent cases — Simon Property Group,...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

European authorities have opened an investigation into Inter Ikea, one of the Swiss retail giant’s two primary divisions based in the Netherlands, over “concerns that it may have been given unfair tax advantages”....more

REPLY “STOP” to OPT-OUT: Recent Court Decisions Provide Guidance to Defeat Telephone Consumer Protection Act Claims Based on...

by Cohen & Grigsby, P.C on

The United States District Court for the District of New Jersey recently ruled that a plaintiff’s expansive text messages stating her desire to stop receiving text messages from the defendant did not constitute a reasonable...more

Sales Tax for Online Sales: An Update

by Robins Kaplan LLP on

With retailers reporting huge online sales from Black Friday and Cyber Monday, now seems like a great time for an update on the online sales tax issue. In our recent article we mentioned that a group of online retailers that...more

Protecting Prestige: EU Decision Safeguards Sale of Luxury Brands From Online Marketplaces

by Ballard Spahr LLP on

In a major victory for luxury brands in Europe that could have far-reaching effects on e-commerce sales of luxury products in the future, the European Court of Justice (COJ) recently held that a luxury goods supplier can stop...more

ICSC New York Deal Making (2017)

by Goulston & Storrs PC on

On December 6-7, the Javits Center played host to this years’ ICSC NY Deal Making Conference. ICSC featured a new format at this years’ Conference. In addition to the deal making opportunities on Wednesday and Thursday, ICSC...more

Selective distribution and online sales: complying with EU competition law after the Coty judgment

by Hogan Lovells on

The Court of Justice of the European Union recently issued a landmark judgment that will affect distribution and online sales in particular in the consumer goods and digital sectors....more

Nevada’s Gaming Policy Committee Convenes To Discuss Marijuana And The Gaming Industry

by Dickinson Wright on

How far do Nevada’s casinos need to go to police marijuana use by their customers? Can a casino resort allow a marijuana industry conference to utilize its convention facilities? What practices do casinos need to follow...more

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