News & Analysis as of

Retailers

Fall Data Breach Roundup And 2018 Preview: Supreme Court, OPM, Equifax And More!

by Carlton Fields on

As 2017 draws to a close, data breach class actions abound, while questions regarding what suffices for Article III standing in these cases remain—with litigants hoping the Supreme Court will soon weigh in....more

Time is Running Out for Retailers to Register DMCA Agent, Preserve Safe Harbor Protections

by Bryan Cave on

Retailers who host third-party content and comments on their websites have until the end of 2017 to register as internet service providers through the new online system in order to preserve their protections under the Digital...more

Regulators Share Agendas and Insight on Consumer Protection Enforcement - Highlights from "Navigating the 'Age of Uncertainty'...

by Holland & Knight LLP on

Holland & Knight, the Word of Mouth Marketing Association (WOMMA) and the National Bar Association Commercial Law Section on Nov. 8, 2017, held an informative, half-day seminar featuring presentations and a panel discussion...more

More than just new warnings: important changes in Prop 65 liability allocation take effect August 2018

by DLA Piper on

Companies that sell products, foods or beverages in California or that manufacture, supply or distribute products sold in California should review important new Proposition 65 regulations carefully and be sure to examine...more

States Urge Reversal of Physical Presence Rule That Bars Collecting Sales Tax From Online Retailers

by Bryan Cave on

Thirty-six state attorneys general, most recently joined by California and Hawaii, have filed an amici curiae brief urging the U.S. Supreme Court to reconsider the “physical presence test”. The test requires that a retailer...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

CPSC Recall Snapshot - CPSC Phthalate Ban and More on the Earth Magnet Saga

by Alston & Bird on

Welcome to the November edition of the Alston & Bird CPSC Recall Snapshot. The CPSC again saw multiple noteworthy events occur in October. On October 26, 2017, the CPSC issued a final decision and order on Zen Magnets and...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

Brexit: IoT to the rescue?

by Womble Bond Dickinson on

For retailers, speed and efficiency in supply chains are paramount. With the possibility of a "hard" or "no deal" Brexit, retailers must adapt to a new operating environment. The UK government is exploring the potential for...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

California Grocer: The “Wild West” of ADA Website Litigation.

by Downey Brand LLP on

Much of this increase has been driven by litigation focused on the accessibility of websites. Meanwhile, grocers have become more dependent on e-commerce and have adopted technology allowing customers to order groceries and...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

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Snap’s awful Q3 be damned—Chinese tech giant Tencent has increased its stake in the company to more than 12% thanks to shares it purchased on the open market....more

California Proposition 65 Actions Expected to Target Furfuryl Alcohol in Food and Beverages

by Bryan Cave on

The next wave of lawsuits involving California Proposition 65 and food products may allege exposure to furfuryl alcohol, a chemical commonly found in a wide variety of thermally processed foods and listed as a carcinogen...more

New York City Issues Proposed Rules For Fast Food, Retail Workers Scheduling Law

by Jackson Lewis P.C. on

The New York City Department of Consumer Affairs (DCA) has issued proposed rules for the implementation of the Fair Workweek Law in an attempt to clarify and assist employers with compliance. The Law is intended to reform...more

Dutch Court Affirms Ban on Nonauthorized Online Resellers

by Jones Day on

The Ruling: On October 4, 2017, the Amsterdam District Court upheld Nike's ban on authorized distributors selling Nike products on the online platforms of unauthorized resellers. The Result: Under this Dutch ruling, a...more

Is it Pretty? Will H&M Assert a “Classixx” Ornamental Defense to Claims of Trademark Infringement?

by Knobbe Martens on

On October 19, 2017 Hush Hush Sound Inc, Michael David, and Tyler Blake (collectively “Plaintiffs”) also known as the Electronic dance music duo “Classixx” filed suit in the District Court for the Central District of...more

Unlicensed Use of a Festival Name May Result in a Not-So-Festive Trademark Lawsuit

by Knobbe Martens on

Music festivals, film festivals, food festivals….festivals are popular venues for entertainment and each festival strives to offer the consumer a unique experience. Of course, at most festivals, clothes must be (or should be)...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

Brewery Keg Purchases Exempt from Sales Tax

On October 30, 2017, Act 43 of 2017 (“Act”), which was introduced to the House Committee on Finance on February 17, 2017, was signed into law by Governor Wolf. The Act is effective immediately and has many changes to the...more

Belgian Retail Newsletter

by McGuireWoods LLP on

European Parliament wants harmonized franchising legislation 7 NOVEMBER 2017 - In September 2017, the European Parliament passed a resolution on the functioning of franchising in the European retail sector. This...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Macy's Retail Holdings, Inc. Enter into Settlement Agreement

The United States Environmental Protection Agency (“EPA”) announced that it entered into a settlement with Macy’s Retail Holdings, Inc., (“Macy’s”) in regards to alleged violations of the hazardous waste regulations....more

New Proposition 65 Warning Regulations Take Effect in 2018

by Downey Brand LLP on

In less than a year, on August 30, 2018, the new Proposition 65 warning regulations will go into effect. Proposition 65 (Safe Drinking Water and Toxic Enforcement Act) requires businesses to provide Californians with a clear...more

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