News & Analysis as of


What Might Wayfair Mean for Me? The Changing Landscape of State and Local Sales Taxes and Retroactivity Concerns

by Pullman & Comley, LLC on

The rise of the internet retailer has created significant loss of sales tax revenue for state revenue agencies due to the loss of revenue from sales and use tax collected in brick-and-mortar retail establishments....more

Seller Beware When Using Third-Party Services to Manage Returns

by Kelley Drye & Warren LLP on

The Wall Street Journal recently published an article discussing a growing practice among retailers who use third-party services to identify fraudulent returns. These services will inform retailers when they think a return is...more

Fashion Law Newsletter - March 2018

by K&L Gates LLP on

Style is something each of us already has, all we need to do is find it." – Diane von Furstenberg Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the...more

The Latest in the Prop. 65 World: Processed Meat; Lead and Cadmium in Chocolate; and Glyphosate in Herbicides

by Downey Brand LLP on

February was a busy month in the Proposition 65 world with two developments that may impact businesses that manufacture or sell processed meat or chocolate products. In addition, the United States District Court for the...more

WARNING: Proposition 65 Farce About to Repeat Itself for Vulnerable Foods and Flavorings

by Morrison & Foerster LLP on

Plaintiffs have begun serving Proposition 65 notices of violation alleging unwarned exposures to furfuryl alcohol (FFA). Like acrylamide, which has been the subject of significant Proposition 65 litigation already, FFA is...more

Washington Appellate Court Upholds County Ban on Retail Marijuana Sales

The Washington Court of Appeals Division II has ruled that Clark County can lawfully ban the retail sale of marijuana within its unincorporated areas. In a unanimous decision issued on March 13 in Emerald Enterprises, LLC v....more

Hogan Lovells Represents Sears in Achieving First-Ever Modification to FTC Privacy Consent Order

by Hogan Lovells on

The FTC has approved the first-ever petition to reopen and modify a privacy-related consent order. The petition, filed by Sears Holdings Management Corporation, sought to amend the terms of Sears’ 2009 consent order (the...more

Challenge To Sales Tax “Physical Presence Test” To Be Heard By The Supreme Court

by Moskowitz LLP on

The Supreme Court has agreed to hear a case that stands to change sales tax collection and remittance laws for out-of-state and online retailers. ...more

Retail Industry News: Australia introduces insolvency reforms which limit contract rights to terminate for insolvency

by Dentons on

Under reforms commencing in July 2018, Australia will have new insolvency laws which will limit the exercise of contract rights to terminate for insolvency. Partners David McIntosh and Robyn Chatwood, explain how these...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Heath insurance behemoth Cigna has agreed to buy Express Scripts—a “pharmacy benefits manger”—for $67 billion in cash and stock, including assuming $15 billion of its debt. The merger is one of a series of big moves in the...more

Bringing Residential Uses to Existing Shopping Centers - A Win Win

by Goulston & Storrs PC on

Tenant curation, experiential retail, and social media-based marketing are thriving trends in today’s brick-and-mortar shopping center industry. Retail is not the only real estate asset class susceptible to trends, and a...more

BHS Company Voluntary Arrangement – Landlords Win on Penalties

by Hogan Lovells on

The English High Court has decided that collapsed retailer British Home Stores cannot challenge its own company voluntary arrangement as an unenforceable contractual penalty and must repay rental discounts to its landlords...more

ADA Suit Against Blooms

Demonstrating the minefield facing online retailers, the U.S. District Court, District of Massachusetts refused to dismiss an Americans with Disabilities Act (ADA) accessibility suit filed against

Marijuana Marketing: The Do’s and Don’ts of Cannabis Advertising in California

by Wilson Elser on

The new cannabis market is bringing with it the traditional competitive pressures on businesses to establish brands they hope will dominate the expanding industry for years to come. Advertising and marketing that runs afoul...more

Product Liability Issues of Today’s Direct Sales Industry

by Miles & Stockbridge P.C. on

Anyone with a social media account has likely recently seen a friend start a side-hustle selling products to their network through a direct sales company. The direct sales industry has experienced a renaissance since the...more

With Some Progress in 2017, Where Does TCCWNA Head in 2018?

by Holland & Knight LLP on

• State and federal courts in New Jersey continue to review carefully how far the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA) should be extrapolated in order to sustain claims with no adverse impact or...more

Food & Ag Weekly Round-Up: March 2018 #1

by Husch Blackwell LLP on

Forbes reported on the tension between the meat and plant-based industries. Beverage Daily discussed Michelob launch of organic grain beer. CNN reported on Sam’s Club entry into grocery delivery market....more

Zoning plans within the scope of the Service Directive

by DLA Piper on

The Service Directive needs to be taken into account when drafting zoning regulations, according to the Court of Justice of the European Union. On the 30th of January 2018 the Court of Justice of the European Union issued...more

Sustainability in the Fashion Industry: Kering Group’s Innovative Approach in the Luxury Sphere

by Goulston & Storrs PC on

Retailers are facing an increasing population of ethically minded consumers. A Nielsen 2015 global survey found that 66% of respondents were “willing to pay more for products and services that come from companies that are...more

Retail Insolvencies in Canada Series, #3: Parent Perspectives

This is the third instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders. This article discusses insolvencies from the perspective of corporate parents of distressed...more

Dentons laws of fashion - Major trends in the development of Russian fashion law and court practice in 2017

by Dentons on

Major Russian legislation changes - Total chipping - Russian Government Resolution No. 7871 (the “Resolution”), which provides for mandatory labeling of fur products with control (identification) tags (“identification...more

The Katten Kattwalk - Issue 15

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Please see full Newsletter below for more information....more

Newsletter: Winter 2018 Property Tax and Valuation Topics

by Pullman & Comley, LLC on

Hartford Bankruptcy Threat Postponed - The immediate possibility of Connecticut’s capital city filing a bankruptcy petition has been mitigated as a result of the newly adopted Connecticut budget. ...more

EU Retail News - February 2018

by Bryan Cave on

Do You Need to Appoint a Data Protection Officer in Your Organisation? Under the EU General Data Protection Regulation (GDPR), any company that monitors individuals on a "large scale" or has "large scale" collections of...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The Chinese government has seized control of Anbang Insurance Group, the formerly staid insurance conglomerate with a murky leadership structure that in recent years has amassed billions in debt through a global acquisition...more

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