• 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 ...

  • 10.11.16

    Supreme Court to Review Credit Card Surcharge Statutes

    In an effort to resolve a conflict between Circuits, the Supreme Court has agreed to hear arguments in a challenge to New York’s credit card surcharge law, one of several similar pending lawsuits. For all players in the retail and electronic payments world, the New York challenge will be an ...

  • 06.23.16

    President Signs Legislation Modernizing Federal Chemical Regulation Law

    After a decade of negotiation, Congress has overwhelmingly approved legislation that, for the first time in 40 years, would modernize the federal Toxic Substances Control Act (TSCA)—the nation’s premier chemical control law. The TSCA amendments have deep, bipartisan support among ...

  • 03.17.16

    Regulatory Whack-a-Mole: A Renewed Focus on Non-Hazardous Waste Recycling

    In part due to a string of high-profile enforcements in multiple states, retailers by and large have evaluated the need to implement hazardous waste management regimes and, where necessary, have implemented sophisticated hazardous waste training and environmental management programs to ensure ...

  • 02.11.16

    California Federal Court: Paid Leave Does Not Amount to Termination

    Paid leave is not equivalent to termination, a California federal court told the Equal Employment Opportunity Commission (EEOC) in a case involving a worker alleging discrimination based on national origin.

  • 01.21.16

    Eye on the Courts: IP Cases for Retailers to Note

    Retail companies have closely monitored a series of cases from the U.S. Supreme Court on down, which have focused on IP matters covering induced and direct infringement under the Patent Act (and, in one case, the Tariff Act of 1930); the likelihood of confusion under the Lanham (Trademark) Act; and ...

  • 12.10.15

    Hang Tags Are an Advertisement, Coverage Required for Copyright Suit

    Do hang tags on clothing forming the basis of a trademark and copyright infringement lawsuit constitute an advertising injury?

  • 11.17.15

    California Updates Data Security Laws

    The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by Governor Jerry Brown.

  • 11.02.15

    SEC Not Keeping Quiet About Employee Confidentiality Agreements

    Demonstrating the Security and Exchange Commission's (SEC) stepped-up protection of whistleblowers, national retailer Barnes & Noble revealed in a quarterly filing that the agency is investigating the company's use of employee confidentiality agreements.



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