News & Analysis as of

Retailers

‘Phantom Markdowns’ Cost Real Millions

Purported “phantom markdowns” cost The Children’s Place $6.8 million in a settlement agreement with consumers in California federal court. A pair of plaintiffs accused the national retailer of tricking consumers into...more

Top Advertising Law Enforcement Trends for the New Year

by Perkins Coie on

This holiday season, brands are ready for bustling sales, special offers and joyful consumers. However, with regulators on the lookout for deceptive practices and plaintiffs’ attorneys ready to file class actions, the...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

ADA Litigation Continues With Recent Settlements

As the wave of Americans with Disabilities Act (ADA) litigation against online retailers continues, a handful of companies have settled lawsuits for failing to make their websites accessible to those with visual impairments....more

When Does Software Become Securities?

The SEC Munchee Order and Chairman’s Statement - On December 11, 2017, the U.S Securities and Exchange Commission (“SEC”) issued a cease and desist order (“Order”) against Munchee, Inc.’s (“Munchee”) $15 million Initial...more

Implications of the Coty Case in France: a Favourable Environment for Network Heads

by Reed Smith on

The Court of Justice’s judgment in Coty constitutes a shift from what has been EU and French decisional practice in recent years, which tended to favour the development of e-commerce over the protection of brand owners. This...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

New Amendments to Proposition 65 Provide Clarity and Guidance to Clear and Reasonable Warning Requirements

by Reed Smith on

The California Office of Environmental Health Hazard Assessment (“OEHHA”) announced the approval of new amendments to regulations implementing the Safe Drinking Water and Toxic Enforcement Act of 1986, more commonly known as...more

OLCC Issues Winter Holiday Compliance Checklist

by Garvey Schubert Barer on

The Executive Director of the Oregon Liquor Control Commission is spreading good cheer this holiday season by issuing a “Winter Holiday Checklist” to all recreational marijuana licensees. The Checklist includes a list of...more

Prop. 65 Point-of-Sale Warnings Expiring for BPA in Food and Beverage Products

by Bryan Cave on

The California Proposition 65 regulation allowing a point-of-sale warning for bisphenol-A (BPA) in food and beverage products expires on December 30, 2017. After that date, retailers and manufacturers likely cannot rely on...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

Selective Distribution Systems and Bans on Sales of Luxury Products via Online Market Platforms: Initial Thoughts on the CJEU’s...

The Court of Justice of the European Union (CJEU) confirmed in a short judgment of 6 December 2017 that a prohibition imposed on authorized distributors from using third party platforms for the sale of their luxury products...more

Luxury Brands Can Ban Resale on Third Party Websites Euro Court Judgment

by Reed Smith on

As widely expected, the European Court has followed the opinion of its Advocate General and upheld a clause in a selective distribution agreement for Coty cosmetics which prevents authorised retailers from selling Coty...more

Antitrust, distribuzione selettiva e piattaforme online: finalmente i chiarimenti della Corte di Giustizia

by Allen & Overy LLP on

Consultazione - È possibile nell’ambito di un sistema di distribuzione selettiva vietare ai rivenditori autorizzati l’utilizzo delle piattaforme online? A questa domanda nel recente passato hanno risposto in modo...more

The Latest: FTC Challenges Non-HSR Reportable Retail Fuel Station Transaction— Requires Three Localized Divestitures in Alabama

by McDermott Will & Emery on

WHAT HAPPENED - • Alimentation Couche-Tard Inc. (ACT) is a Canadian corporation and is engaged in the retail sale of gasoline and diesel fuel in the United States. Circle K Stores, Inc. (Circle K) is a wholly owned...more

Litigation Alert | Third Circuit Reaffirms Scope of Federal Priority Rules

by McDermott Will & Emery on

On December 4, 2017, the US Court of Appeals for the Third Circuit issued its much-anticipated precedential opinion in Marathon Petroleum Corp. et al., v. Secretary of Finance et al., No. 16-4011. The opinion affirms the...more

Companies Outside Retail And Financial Industries May Have Additional Arguments To Challenge Standing In Data Breach Cases

by Foley & Lardner LLP on

The data breach at the U.S. Office of Personnel Management was one of the most serious and possibly one of the top ten largest data breaches of the 21st century, compromising background investigation records for some 22...more

Toxic Chemicals in Consumer Products: Clean Water Action Retailer Report (Including Walmart)

The organization Clean Water Action announced the release of its second annual “report card” on toxic chemicals in consumer products titled: Who’s Minding the Store? – A Report Card on Retailer Actions to Eliminate Toxic...more

The Bubbler: Holiday Edition

As we enter the holiday season, we gather around the bubbler to sing about a few of our favorite (and not so favorite) things in the world of employment and labor law. Unfortunately, they’re not as sanguine as raindrops on...more

Pitfalls of Holiday Specific Branding

The holiday season in the United States starts around Halloween and extends for a two-month period until the beginning of January. The holiday marathon sparks a flurry of purchasing events – such as booking airline tickets,...more

Surviving the Retail Shift: Part 5 of a 5 Part Series - Looking Ahead; Lessons Learned from the Retail Shift

by Polsinelli on

The retail industry has faced significant challenges this year. In 2017, more than 5,000 retail stores closed their doors, many of them portfolio-wide closures by well-known department-store chains who were synonymous with...more

Bringing Geolocation Into Focus

by BakerHostetler on

With another Thanksgiving and another Black Friday having come and gone the holiday shopping season is in full swing yet again. As brick-and-mortar retail continues to experience a decline in favor of more convenient...more

AD-ttorneys@law

by BakerHostetler on

Once completely obscure, fidget spinners are now a thing. Meaning that their existence, if not their actual purpose, has become known to you. Dubbed by The New York Times “a Hula Hoop for Generation Z,” the fidget spinner...more

EU Retail News - November 2017

by Bryan Cave on

From 2 January 2018, the rules on how you can portray under-18s in advertising will get stricter. Marketing communications in non-broadcast media (including newspapers, direct marketing communications, posters, online...more

Supreme Court Removes Patent Litigation from the Heartland of Texas

by Goulston & Storrs PC on

For years, patent assertion entities have filed patent lawsuits against retailers in federal court in Texas. The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods Group Brands LLC may give retailers the...more

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