• 11.06.17

    Social Media, Behavior Policies Tossed by NLRB ALJ

    Prohibiting social media activity by employees that “reflect[s] poorly” on the employer violates the National Labor Relations Act (NLRA), an administrative law judge (ALJ) determined.

  • 10.02.17

    NLRB Upholds Retailer’s Rules on Confidential Customer Information

    Macy’s rules prohibiting the disclosure of confidential customer information didn’t violate Section 8 of the National Labor Relations Act (NLRA), the majority of a panel of the National Labor Relations Board (NLRB) determined, and employees would not reasonably construe the rules as ...

  • 08.29.17

    Data Breach Lawsuits Continue to Fill the Courts

    Data breach litigation continues to fill the courts in all stages, with a new class action filed against Tempur Sealy International and the dismissal of a suit against Barnes & Noble.

  • 06.29.17

    FTC, Amazon Refund Consumers

    The Federal Trade Commission (FTC) mailed almost $2 million to consumers for bogus weight loss products while Amazon launched the refund process as part of its deal with the agency in an action involving in-app purchases by children.

  • 05.31.17

    Supreme Court Refuses to Hear Interchange Settlement Appeal

    The U.S. Supreme Court denied a request to review the U.S. Court of Appeals for the Second Circuit's ruling overturning a $7.25 billion settlement agreement in a case brought by retailers against the card networks and banks, ending any question as to whether that agreement would survive court ...

  • 03.31.17

    Retailers Prevail Over Pharmacy Customers in California Tax Suit

    Retailers have won a victory in the realm of California taxation in McClain v. Sav-on Drugs (March 13, 2017) __ Cal.App.5th __ (Nos. B265011 & B265029).

  • 02.23.17

    Ninth Circuit Tackles Several TCPA Issues in Gym Texting Case

    Retailers communicate with their customers frequently as an essential part of their business.

  • 02.02.17

    TSCA Reset to Affect Nearly All Manufacturers, Importers and Processors

    Companies that have manufactured or imported chemical products in the U.S. in the past ten years (alone or formulated in products and mixtures) should plan now to comply with new rules requiring them to identify and report each of those substances to the U.S. Environmental Protection Agency (EPA) ...

  • 01.24.17

    False Ad Suit Survives When Consumers "Swept Into" Purchase

    A California Court of Appeal found that plaintiff consumers had raised triable issues of fact on whether they suffered damages in reliance on allegedly misleading advertising about the extent of a 40%-off sale, despite plaintiffs' knowledge—before going through with the ...

  • 12.19.16

    How Retailers Can Avoid Regulatory Scrutiny During Holiday Season

    With the holiday season often accounting for one-third of a retailer’s annual sales, competition can be fierce. Tempting as it is to grab for every advantage, this can have the unpleasant consequence of legal entanglements with the Federal Trade Commission (FTC) or a state attorney general ...