The competitive environment for retailers and consumer brands grows more complex all the time. Technology advancements and evolving consumer expectations require brands to constantly adapt to the shifting consumer environment.
Publications
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Summer Sustainability SeriesThis series of updates contains information regarding sustainability issues. The list highlights all of our published updates on this topic.
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02.26.2024Labor Law Today—2023 Year in ReviewLawyer PublicationsPerkins Coie is pleased to present the fifth edition of Labor Law Today—Year in Review, which provides a summary of significant developments in traditional labor law over the past year.
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02.22.2024Top Advertising Law Trends for 2024UpdatesWith the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges. This Update highlights hot topics in advertising law for 2024.
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02.16.2024Food & Consumer Packaged Goods Litigation Year in Review 2023Lawyer PublicationsPerkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review.
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02.12.2024FDA: Forthcoming Food Regulatory Guidances for 2024UpdatesThe U.S. Food and Drug Administration recently released an updated list of guidance documents that the agency plans to publish in draft or final form throughout 2024.
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10.31.2023Safeguarding Style: An Examination of Brand Protection in the Fashion and Luxury IndustryArticlesGrace Han Stanton, Jared Bryant, and Mira Park authored an article titled "Safeguarding Style: An Examination of Brand Protection in the Fashion and Luxury Industry" for World Trademark Review's third quarter special report. The report examines brand protection in the fashion and luxury industry and discusses the growing regulatory scrutiny of sustainability and green claims in the United States, including the rules promulgated by the USPTO and FTC related to such claims.
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10.24.2023EPA Finalizes PFAS Reporting RuleUpdatesThe U.S. Environmental Protection Agency published a final reporting rule under the Toxic Substances Control Act on October 11, 2023, which requires manufacturers of per- and polyfluoroalkyl substances and PFAS-containing products to report information on PFAS dating back to 2011.
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10.13.2023 (UPDATED 12.01.2023)Upcoming Deadlines for Compliance: New FDA Requirements Under the Modernization of Cosmetics Regulation ActUpdatesIn the beauty, cosmetics, and personal care world, companies are preparing to comply with upcoming Modernization of Cosmetics Regulation Act provisions of the Federal Food, Drug and Cosmetic Act, which is going into effect on December 29, 2023.
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10.09.20232023 Breach Notification Law Update: Changes to Notification and Security Requirements Continue at State and Federal LevelsUpdatesA flurry of legislative activity over the past year has brought meaningful changes to a variety of privacy and security provisions in state and federal law. At the state level, as in 2022, we have seen a handful of changes to generally applicable breach notification statutes, along with action on both narrower security provisions and broader omnibus privacy laws.
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The Persuasion OccasionPodcastsHosted by Perkins Coie Consumer Products and Service litigators David Biderman and Jasmine Wetherell, each episode features a conversation with noted professionals about achieving success in disputes and negotiations. The discussions are not limited to the legal realm, as success demands incorporating teachings from a breadth of perspectives.
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09.25.2023Another Court Rejects a Company’s Attempt To Avoid Mass-Arbitration FeesUpdatesThe U.S. District Court for the Northern District of Illinois is the latest court to require a company to pay millions of dollars in fees to adjudicate mass arbitrations. Judge Harry D. Leinenweber compelled Samsung Electronics America, Inc., and Samsung Electronics, Co., Ltd. to arbitrate according to Samsung’s Terms & Conditions and ordered Samsung to pay over $4 million in initial fees to the American Arbitration Association before the merits of any individual claims are considered.
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09.20.2023U.S. States Take Aim at Pollution Through Packaging LawsArticlesJeffrey Hunter and Kaela Shiigi's update as part of the Summer Sustainability Series was republished by Westlaw Today. The article outlines the current extended producer responsibility packaging laws in the United States, highlights proposed litigation, and identifies key compliance responsibilities for which products manufacturers should prepare.
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09.19.2023Unpacking PFAS Food Packaging Regulations in the USArticlesJeffrey Hunter, Andrea Driggs, and Sara Cloon's update as part of the Summer Sustainability Series was republished by Packaging Digest. The article examines current state law developments in regulating PFAS chemicals in consumer products and food packaging.
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09.18.2023ESG, Professional Perspective - Sustainability Advertising: US & EU Regulators Eye Enhanced Enforcement MechanismsArticlesAmanda Beane and Tim Carter's update as part of the Summer Sustainability Series was republished by Bloomberg Law regarding certain regulatory developments in the United States and EU related to green claims.
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08.31.2023Extended Producer Responsibility Packaging Laws in the United StatesUpdatesExtended producer responsibility (EPR) laws impose liability on producers for the lifecycle of their products. Many U.S. states already impose requirements on producers of e-waste and batteries, but the latest spate of EPR laws has focused on packaging materials, paper and plastic products, and food service ware.
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08.25.2023Midyear 2023: Food and CPG Legal Trends ReportLawyer PublicationsPerkins Coie is pleased to announce the launch of our first midyear Food and Consumer Packaged Goods (CPG) Legal Trends Report.
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08.22.2023FDA Publishes Draft Guidance For Submitting Cosmetic Product Facility Registrations and Product Listings Under MoCRAUpdatesThe U.S. Food and Drug Administration (FDA) issued guidance on August 7, 2023, clarifying new requirements for cosmetic facility registrations and product listings under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA).
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08.03.2023FTC Finalizes Updated Guidance for Influencer and Consumer Review ProgramsUpdatesThe Federal Trade Commission recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising, which address the FTC’s latest thinking about how the truth-in-advertising standards under the FTC Act apply to endorsement and review-related issues.
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08.02.2023How The Fashion Industry Can Mitigate ESG-Related RisksArticlesThe fashion industry, known for its dynamic and ever-evolving nature, is embracing environmental, social and governance principles like never before.
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07.27.2023Sustainability Advertising: US and EU Regulators Boost Guidance and EnforcementUpdatesBrands continue to promote sustainable and eco-friendly qualities of their products and services, and regulators are sharpening their enforcement tools in response. This Update summarizes certain regulatory developments in the United States and EU related to green claims.
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07.25.2023The Beaver State Joins Growing List of States To Pass Comprehensive Consumer Privacy Law: The Oregon Consumer Privacy ActUpdatesAs of July 18, 2023, Oregon has joined 11 other states to pass a comprehensive consumer privacy law. The Oregon Consumer Privacy Act requires various disclosures around the collection and processing of personal data, provides consumers with rights to their data, and imposes obligations on controllers and processors, including honoring global opt-out signals.
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07.06.2023Navigating the PFAS Regulatory Landscape: Insights for Consumer Brands and RetailersUpdatesThis Update examines current state law developments in regulating PFAS chemicals in consumer products and food packaging, summarizes recent litigation against product manufacturers, and outlines next steps that manufacturers, retailers, and distributors of consumer products should consider to minimize their potential liability and risk.
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06.29.2023Personal Jurisdiction and Foreign Corporation Registration Statutes: A Purple Haze, but the Sky Is Not FallingUpdatesThe U.S. Supreme Court has held—by a 5-4 margin—that it did not violate due process for a Pennsylvania court to exercise jurisdiction over an asbestos case with no connection to Pennsylvania because of a unique Pennsylvania foreign corporation registration statute that requires consent to general jurisdiction to do business in the state.
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06.27.2023Supreme Court Requires Stay Pending Appeal of Arbitration DenialUpdatesOn June 23, the U.S. Supreme Court held that federal district courts must stay all proceedings pending appellate review of an order denying a motion to compel arbitration.
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06.22.2023Nature-Based Carbon Offsets—Race to Quality?UpdatesOver the last decade, carbon offsets have gained popularity within the retail and consumer products industry as a voluntary tool to mitigate their Scope 1, 2, and 3 greenhouse gas emissions.
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06.20.2023Saddle Up Again: Texas Joins States With Comprehensive Consumer Privacy LawsUpdatesTexas Governor Greg Abbott signed the Texas Data Privacy and Security Act into law on June 18, 2023. The comprehensive privacy and data security law will go into effect on July 1, 2024.
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06.14.2023ESG and the Apparel Industry: Always in FashionUpdatesIn recent years, the apparel, fashion, and luxury goods industries have seen an increased focus on environmental, social, and governance (ESG) initiatives.
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05.22.2023Washington State Enacts Toxic-Free Cosmetics ActUpdatesGovernor Jay Inslee signed Washington state’s Toxic-Free Cosmetic Act into law on May 15, 2023. The Act sets stringent standards for companies operating within the state, aiming to eliminate the use of toxic ingredients in cosmetics and personal care products.
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04.04.2023FTC Proposes Rulemaking for Recurring Subscription ProgramsUpdatesThe Federal Trade Commission recently announced a notice of proposed rulemaking to expand its Negative Option Rule to apply to all recurring subscription programs.
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02.28.2023Food & Consumer Packaged Goods Litigation Year in Review 2022Lawyer PublicationsPerkins Coie is pleased to announce the launch of our seventh annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2022 report are infographics that highlight key litigation outcomes, filing data, and industry trends.
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01.19.2023On the Menu: Food Allergen Disclosures for Restaurants and Food ServiceUpdatesThe U.S. Food and Drug Administration recently updated its FDA Food Code, requiring new obligations for disclosing major food allergens.
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01.11.2023Four Data Security Safeguards the FTC Would Like Companies To Adopt in 2023UpdatesData security will be an enforcement priority for the FTC in 2023. The FTC, in its December 14, 2022, Commission meeting, highlighted four data security measures that it believes are particularly important for strong cybersecurity.
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01.06.2023Congress Passes Major Update to Federal Cosmetics RegulationUpdates
Buried within the thousands of pages of the Consolidated Appropriations Act of 2023 is the most significant statutory expansion over cosmetics to the U.S. Food and Drug Administration’s authority since 1938. Among the spending bill’s many provisions is the Modernization of Cosmetics Regulation Act of 2022, which will have lasting effects on the cosmetics industry. Among other measures, MOCRA will provide FDA authority to conduct mandatory cosmetics recalls, create adverse event reporting and recordkeeping requirements, and establish good manufacturing practices.
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01.05.2023New Year’s Resolutions for Successful Brand Partnerships in 2023UpdatesBy conducting due diligence and securing reasonable contractual protections before entering a relationship, brands and personalities can start their partnerships on the right foot and help protect their value and reputations. In this Update, we outline some key steps to help avoid potential public relations and legal woes associated with co-branding and endorsement arrangements.
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2022Wrapping Paper Series
This series of updates contains information regarding issues and trends facing the retail industry during the holiday season. The list highlights all of our published updates on this topic.
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12.29.2022Keep Your New Year Happy and Bright With These Ad Law TipsUpdatesAnother new year approaches, so it’s time for retailers to revisit advertising and marketing law compliance strategies to avoid class actions, regulatory enforcement actions, and competitor challenges. In this Update, we share our picks for the top five U.S. marketing law topics that deserve your attention in 2023.
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11.18.2022This Year Don’t Let the Grinch Steal Your InsuranceUpdatesForfeiting insurance coverage on a covered claim is a quick way to ruin the holidays. Every year, tens of thousands of covered claims are left unpaid due to clerical mistakes by policyholders or their brokers.
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11.16.2022Plan for Workforce Reductions Now To Avoid Delay and LiabilityUpdates
Recent news has shined a spotlight on the legal consequences of mass layoff situations. Employers should take steps now to prepare for possible reductions in their workforce.
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10.20.2022Coal in the Stocking for Retail Employers: The California Privacy Rights ActUpdates
As the California Privacy Rights Act replaces its predecessor, the California Consumer Privacy Act, retailers have a significant amount of compliance preparation to do—right at peak season.
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10.13.2022New Jersey To Regulate Automatically Renewing Subscription ServicesUpdates
New Jersey has become the latest state to pass a law governing some types of automatically renewing subscriptions.
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10.06.20222022 Breach Notification Law Update: State and Federal Requirements Continue To EvolveUpdatesCyberattacks continue to plague businesses, making the fallout of data breach notification and response as critical as ever. This year, like 2021, has been relatively quiet as it relates to state updates to breach notification laws.
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10.03.2022Are We All “Manual Workers” Under New York Law?UpdatesIn the retail environment, customer service is paramount. Workers spend their time answering questions, stocking shelves, organizing displays, sourcing and sizing, and, yes, even gift-wrapping sometimes. But they're not assembling the products, so they certainly aren’t “manual workers,” right? Not necessarily.
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09.28.20222022 Summer Sustainability Series: A Look BackUpdates
The first day of fall offered an opportunity to look back at the summer that was. Summer 2022 was a time of continued supply chain disruptions; inflation; and acceleration of environmental, social, and governance investing and reporting. In this Update, we review this year’s Sustainability Series. As a topic of conversation and, more importantly, a goal for the retail and outdoor industries, sustainability will continue to be at the forefront of the strategic conversation for businesses, investors, and regulators.
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08.18.2022Protecting Fashion Brands in the Metaverse and BeyondUpdatesThe metaverse is undoubtedly one of the hottest topics of 2022. So, while still early stage, it’s unsurprising that fashion brands have shown an interest in the metaverse’s potential. One reason fashion brands have taken an interest in the metaverse is, presumably, the creative freedoms it provides. But with that freedom comes an easier means for infringers to trade off of brands’ valuable intellectual property.
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08.16.2022FTC Kicks Off Wide-Ranging Privacy RulemakingUpdatesThe Federal Trade Commission released an advance notice of proposed rulemaking on “Commercial Surveillance and Data Security” on August 11, 2022. The ANPRM, approved on a 3-2 party line vote, is the initial step in a process that could result in the adoption of the first federal regulation addressing privacy, data security, and algorithmic discrimination across broad sectors of the U.S. economy.
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08.15.2022Aspiring To Be Green? Avoid Common Advertising PitfallsUpdates
Brands recognize that consumers value sustainability and continue to promote the green and eco-friendly qualities of their products and services. However, with growing popularity comes extra scrutiny, and “green claims” are increasingly subject to challenge by regulators, competitors, and class action plaintiffs.
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08.08.2022Sustainability Trends and IP Issues for Fashion BrandsUpdatesThe fashion industry is one of the most polluting industries in the world and is responsible for roughly 10% of global greenhouse gas emissions. There are many contributing factors to this problem, including pollution from textile factories, water-resource depletion, and merchandise waste.
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07.28.2022Retailers: What to Consider as You Offer Virtual Try-On FeaturesArticlesOnline shopping has come a long way in providing consumers with a vision of how products might look on them.
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07.15.2022So, What Is Sustainable Investing Anyway?UpdatesSustainable investing is a big and growing business. It is also widely misunderstood. Many of the predominant investment tools used to assess public company environmental, social and governance practices have been widely criticized as inadequate and potentially misleading.
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06.21.2022Getting the Right Fit: Biometric Privacy and the Apparel IndustryUpdatesIn recent years, apparel and retail businesses have increasingly sought to provide customers with options to participate with the brand’s merchandise and services in virtual environments.
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05.31.2022FTC Proposes Updated Guidance for Influencer and Consumer Review ProgramsUpdatesThe Federal Trade Commission recently proposed updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising. This article introduces key proposed changes to the Guides that signal the FTC’s evolving views on how to avoid deceptive practices related to social media influencers, customer review programs, advertising to children, and more.
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05.24.2022FTC Scrutinizing Ed Tech Providers and EndorsementsUpdatesIn its most recent open meeting, the Federal Trade Commission (FTC) unanimously (1) issued a COPPA policy statement directed at ed tech providers and (2) proposed amendments to the Endorsement Guides, which address influencer advertising on social media and consumer reviews.
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05.24.2022PFAS Litigation Expands Into “Mislabeling” Class Action ArenaUpdatesLitigation concerning per- and polyfluoroalkyl substances (PFAS) is nothing new. Over the past two decades, thousands of complaints have been filed against hundreds of companies concerning these so-called “forever chemicals.” While past litigation has primarily been related to environmental contamination, an increasing number of class actions are being brought against consumer products companies, alleging false and misleading product labeling based on the presence of PFAS in their products.
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04.25.2022Growing Pains: New Self-Regulatory Framework for Teenage Privacy ProposedUpdatesThrough its newly launched Center for Industry Self-Regulation (CISR), BBB National Programs announced the launch of the TeenAge Privacy Program (TAPP).
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04.22.2022NLRB GC Abruzzo Signals Significant Changes for Employers in Cemex BriefUpdatesThe general counsel for the National Labor Relations Board, Jennifer Abruzzo, on April 11, 2022, filed a brief in a case pending before the NLRB asking the Board to overturn decades-old precedent and make several significant changes to employers’ rights during unionization campaigns.
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03.31.2022Labor Law Today—2021 Year in ReviewUpdatesPerkins Coie is pleased to present the third edition of Labor Law Today —Year in Review, highlighting the past year’s most noteworthy developments.
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03.01.2022Rip Van Wrinkle: The Grandfather of Biometric Laws AwakensUpdatesFor many years, the most significant law governing biometric-based products and services has been the Illinois Biometric Information Protection Act. This past month, however, another biometric data privacy law woke from a long, undisturbed slumber.
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02.11.2022Food & Consumer Packaged Goods Litigation Year in Review 2021Lawyer PublicationsPerkins Coie is pleased to announce the launch of our sixth annual Food Litigation Year in Review. In recognition of the firm’s practice expansion, this year-in-review report has been broadened to the Food & Consumer Packaged Goods Litigation Year in Review.
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02.03.20222022 Compliance Landscape for Recurring Subscription ProgramsUpdatesBusinesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations.
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01.11.2022The Resale Market Boom—What Sellers and Brands Need to KnowArticlesAndrew Grant, Collen Ganin, and Akua Asare-Konadu examine unique legal questions facing resellers and brands in the resale marketplace and explain how to navigate them, including secondhand-dealer laws and IP infringement.
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12.28.2021Child Labor and COVID-19—It’s Time to Make Meaningful New Year’s Supply Chain ResolutionsUpdatesWith the new year approaching, this is an excellent time to turn over that new leaf and commit to starting, or reestablishing, good habits. Businesses should be no different.
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12.16.2021Ad Law Resolutions for 2022Updates‘Tis the season for retailers to set best practices to avoid class actions, regulatory enforcement actions, and competitor claims.
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12.07.2021State Privacy Laws: The Gift That Keeps on Giving?UpdatesThough it was not long ago that resolutions of California Consumer Privacy Act readiness ushered in the new year, ‘tis the season once again to deck the halls with privacy compliance checklists.
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11.16.2021Employers Are Offering Different Types of Shots at This Year’s Holiday PartiesUpdatesEmployer vaccination policies are probably the hottest topic in this final quarter of the calendar year. Some employers are even planning to offer COVID-19 vaccination shots at holiday parties to make it easier for employees to get vaccinated.
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11.08.2021Regift Responsibly This Holiday SeasonUpdatesWhile recommerce is not new, its renaissance and shift to e-commerce has raised issues that resellers and brands will need to navigate, including possible expansion of secondhand-dealer laws to ecommerce and avoiding IP infringement through proper product authentication.
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11.05.2021Frequently Asked Questions on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary StandardUpdatesThe U.S. Department of Labor’s Occupational Safety and Health Administration issued its long-awaited emergency temporary standard requiring all employers with a total of 100 or more employees to mandate vaccination and/or weekly COVID-19 testing. OSHA also released a comprehensive FAQ to address questions.
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11.01.2021Frequently Asked Questions on Religious Objections to Employer COVID-19 Vaccine MandatesUpdatesOn October 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance related to the COVID-19 pandemic, adding a brand-new section addressing religious objections to COVID-19 vaccine mandates.
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09.29.2021From Virtual Fashion to Big Data, A Look at the Digital Opportunities and Issues that Luxury Brands Need to ConsiderArticles
The Fashion Law
The COVID-19 pandemic accelerated the digitalization of the fashion industry – including for luxury brands, which have historically been slow to embrace electronic and digital commerce. Indeed, in 2020, e-commerce in the United States achieved an astounding ten years’ worth of growth in a three-month period. -
09.14.20212021 Breach Notification Law Update: Connecticut and Texas Expand Requirements, Ransomware and Supply Chain Attacks Take SpotlightUpdatesCyberattacks continue to make the news and affect our lives in increasingly more significant ways.
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09.14.2021Regenerative Agriculture: Sustainability in FarmingUpdatesIn this issue of the Perkins Coie Summer Sustainability Series, we discuss how regenerative agriculture practices affect the farming and food distribution industries, as well as some of the novel legal issues that may arise.
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09.08.2021Sustainability Advertising: Key TakeawaysUpdatesIn this issue of the Perkins Coie Summer Sustainability Series, we discuss best practices based on Federal Trade Commission guidance and the most recent green advertising litigation trends.
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09.01.2021COVID-19 Vaccine Questions AnsweredUpdatesWith the surge of COVID-19 cases due to the Delta variant, many employers are considering whether to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of vaccine policies for their businesses.
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07.23.2021Biometric Privacy Rules Come to NYCArticlesNew York City’s ordinance could be the beginning of a trend, or simple an outlier, but one that every business in the city should be aware of.
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07.21.2021ESG Claims in an Era of Heightened Regulatory and Litigation RisksUpdates
From investors and shareholders to customers and employees, key stakeholders are increasingly demanding both corporate action and broad-based public disclosure of environmental, social, and governance (ESG) issues. As corporations take action and report on their ESG challenges and achievements, they will be well served to take steps to mitigate the risks of both regulatory enforcement and private litigation.
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07.13.2021Sustainability Disclosures: What Is Material?UpdatesIn this issue of the Perkins Coie Summer Sustainability Series, we discuss the debate over the materiality of ESG disclosures to investors and suggest action items for companies considering increased disclosures on these topics.
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07.09.2021The City That Never Peeps? NY City’s Biometric Identifier Information Ordinance Goes Into Effect July 9, 2021UpdatesNew York City’s new biometrics ordinance went into effect July 9, 2021. The ordinance regulates the use of “biometric identifier information” in “commercial establishments” such as places of entertainment, retail stores, and food and drink establishments.
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07.08.2021Colorado Becomes the Third US State to Enact Comprehensive Privacy LegislationUpdatesColorado Governor Jared Polis signed the Colorado Privacy Act (CPA) into law on July 7, 2021, making it the third comprehensive state privacy law enacted in the United States.
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07.06.2021Upcycled Goods: How Fashion and Apparel Brands Can Promote Sustainability While Protecting Brand ValueUpdatesThe fashion industry is the world’s second largest polluter behind big oil, and is responsible for around 10% of global greenhouse gas emissions. There are a number of contributing factors to this problem, ranging from “fast fashion”—a model based on producing low-cost garments intended to be worn only a handful of times—to disposal of luxury overstock merchandise.
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06.25.2021Supply Chain Compliance: Products From ChinaUpdatesThere has been much attention focused on Beijing’s labor policies and practices toward the Uyghur Muslim population and other minority groups in China. Given that the western Xinjiang region is responsible for approximately one-fifth of the world’s cotton supply, many industry players are finding compliance issues a challenge.
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06.10.20212021 Summer Sustainability SeriesUpdatesThe 2021 Summer Sustainability Series will discuss topics including Chinese cotton and slave labor, key components of the circular economy, sustainability litigation, and advertising related to sustainable products and programs. It will also touch on how the sustainability discussion is moving beyond environmental components and expanding to address other elements of environmental, social, and governance (ESG) criteria.
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04.12.2021A Checklist for Companies Considering Whether to Speak on Political IssuesUpdatesCurrent events have sparked a significant change in private businesses' political behavior, as companies and their executives shift from nonpartisan observers to leaders taking on political and social causes. While companies may face pressure from some stakeholders to speak out on every issue of the day, that level of engagement may not be feasible or productive. In this update, we provide a road map for companies and their executives to follow when deciding whether and how to engage in political and social issues.
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02.18.2021
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02.03.2021Deadlines Approaching for COVID-19 Business Interruption Claims: Don’t Forfeit Coverage!UpdatesPolicyholders with COVID-19 insurance claims may not be aware that insurance policies limit the time they have to bring a lawsuit against their insurance company.
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01.27.2021Washington, New York, and Minnesota Introduce New Privacy Laws to Begin the New YearUpdatesIt’s a new year and it looks like 2021 is going to be another eventful one for privacy. In the past few weeks, we’ve seen several states introduce new privacy legislation, including Washington, New York, and Minnesota.
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01.13.2021Labor Law Today—2020 Year in ReviewUpdatesPerkins Coie is pleased to present the second edition of Labor Law Today —Year in Review, highlighting the past year’s most noteworthy developments.
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01.07.2021Trademark Modernization Act of 2020: Three New Year’s Gifts for Brand OwnersUpdatesThe Trademark Modernization Act of 2020 (TMA) was signed into law on December 27, 2020, making several changes to the Lanham Act that have important effects on trademark owners’ brand protection programs.
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12.18.2020Landlords Defeat Debtors Seeking COVID-19 Rent Abatements and DeferralsUpdatesRetail, restaurant, entertainment, and other industries have been devastated by COVID-19 and the resulting governmental orders either precluding or materially limiting operations. In that regard, retail bankruptcy filings have become common occurrences and bankruptcy courts a favored venue for businesses seeking a proverbial “breathing spell.”
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12.16.2020Holiday Season Compliance Pointers For Retail EmployersArticles
Law360
For retailers, the holiday season is indeed the most wonderful time of the year: increased foot traffic, increased revenue and endless loops of cheerful holiday music on the in-store system. -
12.14.2020Hot Ad Law Topics for 2021UpdatesRing in the new year by avoiding practices that could result in class actions, regulatory enforcement actions, and competitor claims.
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12.02.2020Labor Law Developments to Expect During a Biden AdministrationUpdatesPresident-elect Biden has long been allied with the labor movement, and during his tenure as vice president, the administration pursued policies favorable to organized labor.
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10.29.2020An Infringement PandemicArticles
Intellectual Property Magazine
Patchen Haggerty and Colleen Ganin describe how COVID-19 has created the perfect storm for counterfeiters. -
10.28.2020This Holiday Season, Don’t Open Pandora’s Box!UpdatesFor retailers, the holiday season is indeed the “most wonderful time of the year.”
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10.13.2020Stuffing the Holiday Stockings with Two Handy Supply Chain Disclosure Charts ... and One Top Five Mistakes List!Updates
[Warning: The juxtaposition of joyous holiday festivities and forced labor is not intended to make light of human rights violations, but to assist companies in avoiding common mistakes in their anti-human trafficking disclosure statements.]
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10.05.2020Verifying Santa’s HelpersUpdatesThe holiday season and holiday shopping may look a little different this year, especially as more purchases are made online.
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10.01.2020California Governor’s Executive Order N-80-20 Regarding Commercial EvictionsUpdatesGovernor Gavin Newsom issued Executive Order N-80-20 on September 23, 2020, extending Executive Order N-28-20 through March 31, 2021, with respect to commercial evictions only.
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09.18.2020Variable Hour Employee Benefits Eligibility Under COVID-19UpdatesCOVID-19 has forced many employers to make unanticipated changes to their workforce, with many retailers rolling out a combination of furloughs, layoffs, and breaks in service to address changing market demands and shelter-in-place orders.
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09.01.2020Brand Sustainability: Practical Considerations for Creating IP Enforcement ProgramsUpdates
In this final issue of the Summer Sustainability Series, we address important considerations in designing and implementing an enforcement program.
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08.2020The Business and Law of Fashion and Retail
Book Chapter
Carolina Academic PressContributor, "Chapter 11: Privacy" -
08.20.2020Sustainable Apparel: Using Trademarks to Communicate Ecological CommitmentsUpdates
Trademarks play an important role in marketing eco-friendly products and engendering consumer trust. This update highlights that role, potential pitfalls to avoid, and best practices to consider.
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08.10.2020Investor Focus on SustainabilityUpdatesCompanies across industries—from retail to high tech to financial services—are touting their sustainability initiatives to attract and retain customers and employees.
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08.04.2020Making Sustainability a StakeholderUpdatesConsumers increasingly are aware of, and make value assessments and purchase decisions based on, the environmental and social impact of brands. Brands, in turn, are evaluating and embarking on sustainability programs.
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07.23.2020Coffee Regulations Offer Affirmative Defense in Proposition 65 SuitUpdatesOn July 15, 2020, a California state court made an important ruling upholding the validity and application of regulations exempting coffee from Proposition 65 warnings.
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07.22.2020Sustainability in Advertising LawUpdatesBrands continue to build their sustainability and environmental marketing programs in response to consumer demand.
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07.15.2020FDA Releases Report to Congress on CBD LabelingUpdatesThe U.S. Food and Drug Administration (FDA) submitted a report to Congress on July 8, 2020, providing an analysis of the cannabidiol (CBD) marketplace.
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07.14.2020How Cosmetics Cos. Can Prepare For Growth In Class ActionsArticles
Law360
Amid the COVID-19 pandemic, cosmetic companies continue to see growing numbers of class action litigation cases targeting the industry. -
07.09.2020Considerations for Launching an E-commerce PlatformUpdatesCOVID-19 is the biggest disruption to consumer retail spending patterns in recent history.
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07.09.2020Tackling Enhanced Supply Chain and Forced Labor Risks During the Time of COVID-19UpdatesThe positive economic value of environmentally sustainable supply chain practices is broadly understood and accepted by the outdoor industry.
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07.07.2020EPA Publishes Finalized PFAS Significant New Use RuleUpdatesThe U.S. Environmental Protection Agency on June 22, 2020, released the prepublication version of final regulations establishing “significant new use rules” for long-chain perfluoroalkyl carboxylate (LCPFAC) chemical substances, a subset of per- and polyfluoroalkyl substances (PFAS).
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06.26.20202020 Breach Notification Law Update: Vermont, District of Columbia, Maine, and California Expand RequirementsUpdatesStates continue to enhance and expand their breach notification requirements, increasing the scope of breaches that require notice as well as the complexity of compliance.
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06.23.20202020 Summer Sustainability SeriesUpdates“Sustainability” is more than just a buzzword or corporate initiative in the outdoor industry.
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06.23.2020One Size Does Not Fit All: Retail Responds to COVID-19Podcasts
Insurance Considerations Amid COVID-19
On this episode, we are joined by Deborah White, president of the Retail Litigation Center (RLC) and senior executive vice president and general counsel of the Retail Industry Leaders Association (RILA). Deborah provides insight and analysis regarding the retail industry’s varied and innovative response to the pandemic, including how large retailers deal with the patchwork of evolving state and local regulations and how they are innovating at breakneck speed to meet consumer demand while maintaining safety for employees, suppliers, and customers. -
Updated 06.18.2020California Urgency Legislation (SB-939) May Significantly Affect Commercial Rent Obligations and Lease Termination RightsUpdatesOn Friday, May 22, the California Senate Judiciary Committee voted in favor of an amended version of SB-939, which would limit the rights of many commercial landlords to enforce certain provisions of their leases.
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06.17.2020INSIGHT: Retailers Considering Bankruptcy Should Look to CARES Act, Court RulingsArticlesRetailers hit by the economic downturn are considering bankruptcy protections.
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05.28.2020COVID-19: Reserve Issues in Credit Card Processing AgreementsUpdatesCOVID-19’s effect on the economy does not discriminate. Business activity has slowed down significantly for many companies, and even more drastically in certain sectors.
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05.05.2020Guidance for Reopening of Businesses Following Shutdowns Due to COVID-19UpdatesStates across the country are beginning to reopen or considering reopening following shutdowns in response to the COVID-19 pandemic.
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05.01.2020Ongoing Implications of COVID-19 Orders on Rent Payments for Commercial LeasesUpdates
While some states (such as Georgia, South Carolina, Texas, Montana, and Oklahoma) have commenced, or will soon commence, phased or soft business reopenings, other jurisdictions (including the six San Francisco Bay Area counties in California, Connecticut, New York, and Rhode Island) have recently extended their “shelter-in-place” and eviction moratorium orders.
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04.23.2020Cos. Making Hand Sanitizer Must Track FDA GuidanceArticles
Law360
Amid the COVID-19 pandemic, many manufacturers are pivoting their production lines to make personal protective equipment and other much-needed supplies to aid consumers and healthcare professionals in the fight against the disease. -
04.17.2020Essential Businesses in Several States Now Must Provide Face Masks to EmployeesUpdatesOn April 3, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued an updated recommendation that all workers and members of the general public should consider using non-medical face masks or face coverings to prevent the spread of COVID-19 transmission and infection.
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04.09.2020 (Updated 04.16.2020)City of Los Angeles Issues Worker Protection OrderUpdatesLos Angeles Mayor Eric Garcetti issued a Worker Protection Order on April 7, 2020, which can be found here.
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03.23.2020FDA Issues COVID-19 Food Safety Guidance for Food ManufacturersUpdatesDuring the public health emergency brought on by the 2019 novel coronavirus (COVID-19), food processors and manufacturers must continue to be vigilant in protecting the health and safety of their workers and the foods they produce and distribute.
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03.19.2020Coronavirus Triggers Concerns Over Price GougingUpdatesLast Friday, the White House declared a national state of emergency amid concerns of the global spread of the coronavirus. Nearly every state and numerous cities have followed suit by issuing declarations triggering emergency measures and regulations on businesses.
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03.18.2020Coronavirus (COVID-19) Insurance for Companies Facing Employment ClaimsUpdatesThe coronavirus pandemic has left employers with many legal questions during this challenging time.
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03.09.2020San Francisco Adopts Vacancy Tax OrdinanceUpdates
Seeking to preserve the vitality of commercial corridors and reduce retail vacancies, San Francisco voters approved the Vacancy Tax Ordinance, which authorizes a tax assessment on vacant retail space beginning January 1, 2021.
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02.13.2020Proposition 65 Labeling Obligations Anticipated for CBD Products Containing THCUpdatesCalifornia’s Office of Environmental Health Hazard Assessment (OEHHA) added Δ9‑tetrahydrocannabinol, better known as “THC,” to the list of chemicals requiring specific labeling for retail sale in California.
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01.23.2020Proposition 65 Labeling Responsibilities Finalized for Intermediary Parties and Retail SellersUpdatesCalifornia’s Office of Environmental Health Hazard Assessment (OEHHA) issued finalized amendments on January 14, 2020 to California’s Safe Drinking Water and Toxic Enforcement Act of 1986.
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01.10.2020CBD in New York—Differences in State, City Regulation Leave QuestionsArticlesThe absence of clear federal guidance regarding food and beverages that contain cannabidiol (CBD) has led to a patchwork of state-level regulatory actions across the country. Without uniform guidelines, states have adopted varying and often conflicting approaches.
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01.09.2020U.S. Political Winds Are Shifting in Favor of the Cannabis IndustryArticlesLawmakers are back at work in the nation’s capital for a new session of Congress following the holiday break, and it’s clear that the political winds in Washington, D.C., are shifting in favor of the cannabis industry.
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12.23.2019New Year, New Worker Protections: Preparing for SB 5258Updates
Beginning January 1, 2020, Washington employers in industries including hospitality, retail, security, and contracted property services will need to comply with a new law amending the Washington Law against Discrimination (WLAD).
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12.23.2019‘Tis the Season for Gift CardsUpdatesIt’s hard to know what to give to everyone on your list this holiday season. For the 13th year in a row, the National Retail Federation found gift cards are the most popular item on holiday wish lists, requested by 59% of those surveyed.
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12.18.2019A New Class—The CBD Lawsuit Floodgates Are OpeningArticlesA flurry of recent class action lawsuits against manufacturers of CBD products involving a range of claims—from marketing to stock pricing to CBD content—should put the industry on alert. Perkins Coie attorneys look at the recent spate of class actions, what the FDA is doing, and offer mitigating steps for CBD suppliers and manufacturers.
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12.12.2019Hot Ad Law Topics for 2020UpdatesDon’t let the new year be ruined by U.S. class actions, regulatory enforcement actions, or competitor claims. Here are five ad law takeaways for brand and legal teams to consider as 2020 approaches.
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12.04.2019Multiple CBD Class Actions Filed With More ExpectedUpdatesOn the heels of the U.S. Food and Drug Administration’s (FDA) recent declarations regarding the safety of products containing cannabidiol (CBD), several companies have been hit with class action lawsuits alleging that the company’s CBD-containing products are mislabeled and falsely advertised in violation of state law.
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11.26.2019FDA Declines to Conclude CBD is Safe and Sends Flurry of Warning LettersUpdatesOn November 25, 2019, the U.S. Food and Drug Administration (FDA) took several significant actions regarding sellers of products containing cannabidiol (CBD).
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11.01.2019USDA Issues Interim Rules Regarding Hemp Production (Finally)UpdatesSince late February 2019, the U.S. Department of Agriculture (USDA) has been promising to publish guidelines regarding hemp production.
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10.30.2019Looking to 2020: Will PFAS Be the Next Wave of Consumer Products and Coverage Litigation?UpdatesAs businesses gear up for the busy holiday shopping season and prepare product lines for the new year, manufacturers and distributors of consumer products must be ready to manage new risks that are likely to appear in the new year.
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10.25.2019FDA and FTC Take More Forceful Tone With CBD ManufacturerUpdatesThe U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) sent a joint warning letter on Tuesday, October 22, 2019, to Rooted Apothecary, LLC, alleging that the Florida-based company has been making egregious advertising claims.
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10.08.2019U.S. Supreme Court Rejects Domino’s Petition Seeking Clarity on Web Accessibility Under the ADAUpdatesOn October 7, 2019, the U.S. Supreme Court denied a petition filed by Domino’s Pizza asking the Court to decide whether Title III of the Americans with Disabilities Act (ADA) applies to websites and mobile apps.
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09.20.2019CCPA Amendments Provide Important ClarificationUpdatesWhile privacy laws are proliferating globally, the California Consumer Privacy Act (the CCPA) is California’s comprehensive and landmark legislation that seeks to give California consumers expanded rights to learn about and control certain aspects of how a business handles “personal information” collected about its consumers.
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08.01.2019Outgoing FDA Commissioner Proposes Expedited Steps for Approval of CBDUpdatesFollowing the recent public hearing held by the Food and Drug Administration (FDA) regarding the safety and efficacy of cannabidiol (CBD), many in the food and beverage industry asked how long it will take for the agency to establish a regulatory pathway for approval of CBD as a food additive.
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06.27.2019States Continue to Expand Breach Notification Requirements in 2019UpdatesAs more and larger data breaches come to light, states continue to update and expand their breach notification statutes, adding to the patchwork of notification obligations that now exists in every state.
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06.20.2019Is Experiential Retail the Antidote for Outdoor Retailers?ArticlesRetail as a business is hard. Retail bankruptcies continue at a rapid rate, leaving some commentators to predict that the days of traditional retail are numbered.
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06.18.2019Coffee Products Exempted From Proposition 65UpdatesCalifornia’s Office of Environmental Health Hazard Assessment (OEHHA) approved a new regulation exempting coffee from Proposition 65 warnings earlier this month.
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05.31.2019Food and Drug Administration Considers Pathway for Legalizing CBD at Public HearingUpdatesOn May 31, 2019, the Food and Drug Administration (FDA) held its first public hearing concerning products containing cannabis or cannabis-derived compounds (in particular, cannabidiol (CBD), a popular additive to food, beverages and supplements).
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04.03.2019Understanding the UK’s Impending “Name and Shame” Approach for Ridding Supply Chains of Forced LaborUpdatesThe U.K. Modern Slavery Act of 2015, which was modeled after the California Transparency in Supply Chains Act, requires companies falling under its jurisdictional hook (and there are many) to honestly and completely disclose their efforts to eradicate trafficked, slave, indentured, coerced and child (collectively “forced”) labor from their supply chains.
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01.21.2019Chicago City Council Approves Pop-up Shop LicensingArticles
Chicago Daily Law Bulletin
On Sept. 20, the Chicago City Council passed an ordinance to create a business license specifically for the operation of short-term retail or food pop-up establishments. -
01.18.2019Ninth Circuit Rules That Lack of Web Accessibility Regulations Does Not Bar ADA SuitsUpdatesThe U.S. Court of Appeals for the Ninth Circuit issued a decision on January 15, 2019 in a closely followed web accessibility case, Robles v. Domino’s Pizza, LLC, reaffirming Ninth Circuit precedent holding that companies whose online activities share a nexus with physical places of public accommodation may be held liable under the Americans with Disabilities Act for failing to make their websites and apps accessible to persons with disabilities.
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01.02.2019Google Defeats Biometric Privacy Lawsuit on Article III Standing GroundsUpdatesGoogle won summary judgment in Rivera v. Google, a privacy class action alleging violations of the Illinois Biometric Information Privacy Act (BIPA). The case involved “face grouping,” a feature that enables Google Photos to automatically sort and group the photographs in a user’s private account, based on visual similarities between the images of faces in the photos. The court held that any alleged collection of “biometric information” or “biometric identifiers” stemming from this feature did not cause an injury-in-fact sufficient to confer Article III standing. This update summarizes the decision, which may be relevant to clients involved with biometric technology, as well as other clients facing litigation where a no-injury defense may be applicable.
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12.05.2018Managing the Privacy and Data Security Risks of IoT This Holiday SeasonUpdatesAs brick-and-mortar retailers seek effective ways of competing with the perceived convenience of online shopping, more and more are turning to the Internet of Things (IoT) to enhance customer engagement, in-store experience, and administrative and personnel efficiencies.
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11.27.2018Hot Ad Law Topics for the New YearUpdatesHere are five ad law takeaways for brand and legal teams to consider as 2019 approaches.
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10.25.2018All I Want for Christmas…Is a New Privacy Law?UpdatesBeyond preparing for this year’s holiday rush, retailers around the country have started thinking about potential changes to their operations in response to California’s sweeping new consumer privacy law.
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10.17.2018Pop-Up for the HolidaysUpdates
Pop-ups are a fun and effective way to engage new clients and increase brand awareness while keeping overhead costs low. While these temporary retail stores have been embraced by both retailers and consumers, the approach has the following significant legal considerations that should be kept top of mind.
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09.25.2018Leveraging Artificial Intelligence and Machine Learning to Improve Holiday SalesUpdatesRetailers worldwide are predicted to spend an unprecedented $2 billion on artificial intelligence/machine learning capabilities in 2018.
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09.06.2018Made In USA: Increasing Challenges to False or Misleading U.S.-Origin ClaimsUpdatesU.S. consumers notice and are more likely to buy products that are marketed as Made in USA. President Donald J. Trump proclaimed in his inaugural address that we should “follow two simple rules: Buy American and Hire American.”
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08.03.2018California’s High Court Rejects FLSA’s De Minimis DoctrineUpdatesThe California Supreme Court issued an opinion on July 26, 2018, and found that the federal Fair Labor Standards Act’s de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code.
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06.29.2018California Consumer Privacy Act of 2018 Brings Some GDPR Aspects StatesideUpdatesOn June 28, 2018, California adopted the strictest general privacy and data security law in the country, called the “California Consumer Privacy Act” (codified in Assembly Bill 375), which will come into effect on January 1, 2020.
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06.22.2018South Dakota v. Wayfair: Practical Answers to Tax Questions Raised by Supreme Court DecisionUpdatesYesterday, the U.S. Supreme Court overruled more than 50 years of Commerce Clause precedent to hold that a state may require an out-of-state retailer with no physical presence in the taxing state to collect sales and use taxes on sales of goods and services delivered in the state.
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06.12.2018New Data Breach Notification Laws Spring 2018: What You Need to KnowUpdatesThis spring has brought a particularly active round of revisions to state data breach notification laws.
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04.12.20186 Ways to Improve Your Incident Response Plan for GDPRUpdatesThe General Data Protection Regulation (GDPR), which is effective May 25, 2018, requires notification to European regulators within 72 hours of the discovery of many types of data breaches. This deadline requires speed and organization that no other jurisdiction currently requires, especially in the United States. Organizations that hold personal data of EU residents and do not have an incident response plan should promptly develop one so they can comply with the GDPR’s requirements.
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GDPR Data Breach Notification RequirementsLawyer PublicationsAny individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity (collectively, Entity) that owns or licenses computerized data that includes an IA resident’s PI that is used in the course of the Entity’s business, vocation, occupation, or volunteer activities and that was subject to a breach of security.
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03.19.2018Critical Takeaways From the D.C. Circuit’s Long-Awaited Robocall RulingUpdatesLast Friday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued its long-awaited decision in ACA International v. Federal Communications Commission, No. 15-1211 (D.C. Cir. Mar. 16, 2018).
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02.13.2018FAQs on Washington’s New Paid Sick and Safe Time Requirements Effective NowUpdatesThe state of Washington’s new paid sick and safe time requirements became effective January 1, 2018.
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02.02.2018Oregon Court of Appeals Strikes Down Statutory Cap on Noneconomic DamagesUpdatesOregon is one of 35 states where the legislature has successfully enacted a statute capping the amount of noneconomic damages, commonly known as “emotional distress,” that juries can award. With the issuance of two recent opinions from the Oregon Court of Appeals, however, Oregon now joins six other states with courts that have ruled such caps are unconstitutional.
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12.19.2017We Trust Santa’s Factory Is Free of Forced Labor and Corruption—Your Supply Chains Should Be Too.UpdatesImagine the public relations nightmare poor Santa Claus would face if forced labor or corruption was found in his factory.
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12.14.2017Top Advertising Law Enforcement Trends for the New YearUpdatesThis holiday season, brands are ready for bustling sales, special offers and joyful consumers.
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12.08.2017Top Considerations for Companies Engaging in Political ExpressionUpdatesWe all know to avoid the topic of politics with family and friends at the holidays, but in recent months, American companies and the CEOs who lead them have spoken publicly on social and political issues like never before.
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11.07.2017Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRAUpdatesThe Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean Water Act.
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10.19.2017California Updates Its Auto-Renewal LawUpdatesFrom fashion clothing in the mail to gym memberships to monthly mobile app subscriptions, the subscription-based business model is everywhere and here to stay.
This update has been republished in California Lawyer on 12.04.2014, "Auto-Renewal Update." -
09.18.2017Give Your Customers the Gift of SecurityUpdates2017 has reminded us that data security threats continue to evolve and that the stakes for companies can be very high if their data security programs fail to evolve as well.
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09.06.2017Some Holiday Cheer for a Challenging Retail EnvironmentUpdatesIt would be an understatement to say that 2017 has been a difficult year for the retail sector.
This update has been republished in Retail Merchandiser on 10.24.2017, "Holiday Cheer For A Challenging Retail Environment." -
08.29.2017Will NAFTA Renegotiation Bring Joy to Retailers?UpdatesRetailers are looking ahead to the holiday season, but many are also watching the NAFTA renegotiation, which is ambitiously (and improbably) slated to conclude around the holiday season.
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08.11.2017‘Tis the Season to Plan Ahead for Celebrity Endorsement CampaignsUpdatesThe holiday season is around the corner, and retailers are planning their holiday marketing campaigns.
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07.25.2017New Mexico’s Data Breach Notification Is in Effect: What You Need to KnowUpdatesNew Mexico became the 48th state to enact data breach notification legislation with the Data Breach Notification Act, signed in April and effective as of June 16, 2017.
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07.24.2017Third Circuit Decides Goods Are “Received” Upon Physical Possession in Bankruptcy CaseUpdatesMany creditors that provide goods to a debtor before a bankruptcy case begins believe that their recovery will be mere cents on the dollar.
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06.09.2017Court Opinion on Liability for Re-Exports to Iran Spurs Practical Guidance for U.S. ExportersUpdatesA recent federal appeals court decision addresses a familiar issue for many companies: When can a U.S. exporter be liable for a product that is re-exported to a sanctioned country, such as Iran?
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05.30.2017FTC Sends Warning to Brands and Social Media InfluencersUpdatesThe FTC recently issued more than 90 letters to marketers and their social media influencers warning that influencers must clearly and conspicuously disclose material connections in social media posts that promote the marketer, unless the connection is already clear from the context of the posts.
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01.23.2017How Retailers Can Steer Clear of ADA LawsuitsArticlesThe Americans with Disabilities Act (ADA), first enacted in 1990, generally requires that retailers — as “places of public accommodation” — provide access for those with disabilities to the goods and services offered.
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12.15.2016Top 10 Litigation Risks and Trends for RetailersUpdates
With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims and lawsuits.
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12.13.2016How Big Retailers Can Avoid Newest Wave of Deceptive Price Advertising LawsuitsUpdatesLos Angeles City Attorney Mike Feuer last week announced the filing of four lawsuits against some of the largest retailers in the United States, accusing them of misleading customers by advertising a “sales price” alongside an inflated “original price.”
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12.01.2016OSHA’s New Anti-Retaliation Workplace Illness and Injury Reporting Rule: How Employers Can PrepareUpdatesOn November 28, 2016, the U.S. District Court for the Northern District of Texas denied a preliminary injunction that sought to block the nationwide implementation of the new Occupational Safety and Health Administration’s anti-retaliation rule, “Improve Tracking of Workplace Injuries and Illnesses.”
This Update was republished in Law360 on 12.05.2016, "How Employers Can Prep For New OSHA Injury Reporting Rule." -
12.01.2016Palm Oil Supply Chain Abuses Reported by Amnesty International: Steps to Mitigate Legal RiskUpdatesAmnesty International recently released a report alleging that supply chains for production of palm oil—a common ingredient in many consumer products—are tainted by forced and child labor.
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11.28.2016Don’t Let Forced Labor and Bribery in Your Supply Chain Spoil the HolidaysUpdates
The holiday retail season is an ideal time to check that forced labor and bribery—two top and interconnected supply-chain threats—do not undermine the success of your critical sales period.
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11.10.2016Bluetooth Beacons: What You Need to KnowUpdatesBluetooth beacons can be a powerful tool for customer engagement.
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11.04.2016$18 Million Fine Levied for Campaign Finance Violation in Washington StateUpdatesOn November 3, 2016, a Thurston County Superior Court judge levied an $18 million penalty against a trade association for violations of Washington campaign finance laws.
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09.20.2016Seattle’s New Secure Scheduling OrdinanceUpdatesThe Seattle City Council unanimously passed the Secure Scheduling Ordinance (Ordinance) on September 19, 2016.
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09.13.2016NJ’s Truth-in-Consumer Contract, Warranty and Notice Act: Will Related Class Actions Against Retailers Continue?UpdatesThis year brought a wave of class action complaints alleging that national retailers are violating the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 et seq., by including certain provisions in their online terms and other consumer-facing notices and agreements.
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08.31.2016FTC Complaint Counsels Caution When Settling Disputes With CompetitorsUpdatesThe Federal Trade Commission recently sued 1-800 Contacts, Inc., the largest contact lens retailer in the United States, charging it with restraining competition in violation of Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45.
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08.03.2016Avoiding Lawsuits under the ADAUpdatesAs retailers enter the holiday season amid a period of increased compliance lawsuits related to the ADA, we offer some timely ways to steer clear of potential ADA pitfalls.
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07.11.2016Data Breach Incident Response: 5 Questions to Ask and New Laws to Know NowUpdatesThe spring legislative sessions this year brought a now-familiar round of revisions to data breach notification laws, with states broadening their laws in often divergent ways.
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06.30.2016New Labor “Persuader” Reporting Requirements, Status in FluxUpdatesA federal judge in Texas has issued a nationwide injunction against the new labor “persuader” reporting requirements that were due to take effect on July 1, 2016.
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06.30.2016TCPA LitigationPerkins Coie’s Privacy & Security and Class Action Defense groups defend Telephone Consumer Protection Act (TCPA) cases throughout the country. This newsletter provides updates on litigation and regulatory developments regarding the Telephone Consumer Protection Act (TCPA). View the full newsletter.
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06.23.2016Implications of New Lautenberg Act’s Sweeping Changes to Toxic Substances Control ActUpdatesPresident Obama signed HR 2576, the Frank Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), into law on June 22, 2016.
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06.20.2016Indian Government Relaxes Restrictions on Foreign Direct InvestmentUpdatesThe Indian government announced on June 20, 2016 new rules for foreign direct investment (FDI), allowing for up to 100% FDI in certain sectors, including defense and civil aviation.
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03.03.2016New Law Increases Scrutiny for Importing Goods Made with Forced LaborUpdatesThe federal government took another step in the fight against human trafficking and forced labor. President Obama signed into law on February 24, 2016, the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA).
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02.25.2016Ninth Circuit Rules Tip Pooling Arrangements That Share Tips With Employees Who Do Not Normally Receive Tips Violate Federal LawUpdates
In a game-changing event, on February 23, 2016, the U.S. Court of Appeals for the Ninth Circuit in a 2-1 decision ruled that it is a violation of federal law for an employer to use a tip-pooling arrangement that shares tips with normally non-tipped employees, such as kitchen workers or supervisors, even when the employer does not take advantage of the minimum wage “tip credit” permitted by the federal Fair Labor Standards Act (FLSA).
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02.2016Litigation trend: Website accessibility under the ADAArticlesIn 2016, companies should consider examining the issue of website accessibility under Title III of the Americans with Disabilities Act.
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02.01.2016Tacoma’s New Minimum Wage and Paid Leave Laws Now in EffectUpdatesAs of February 1, 2016, employers with employees who work in Tacoma must comply with two new legal requirements.
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01.29.2016Data Breach Notification Law in California and Across the Nation Continues to EvolveUpdatesIn four of the last five years, California’s legislature has updated its data breach notification law, expanding its scope and making the required notifications more specific.
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12.07.2015Organic Label Due Diligence Is Critical After CA Supreme Court Approves LawsuitsUpdatesThe Supreme Court of California ruled last week that consumers could assert claims under California consumer protection statutes for intentionally mislabeling products as “organic.” In a unanimous opinion, the court reversed a lower court’s ruling that the plaintiff’s claims were preempted by the federal Organic Foods Production Act (Organic Foods Act).
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12.03.2015DOJ Proceeding Delay Sets Stage for More Litigation on Website AccessibilityUpdatesThe Department of Justice (DOJ) has once again postponed its proceeding to amend regulations that would spell out the obligations of retailers, hotels, restaurants, places of entertainment and other public-facing businesses to make their websites and mobile applications accessible to individuals with disabilities under Title III of the Americans with Disabilities Act (ADA).
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11.30.2015DOJ Postpones Website Accessibility Proceeding: How Businesses Can Prepare in Anticipation of a Lawsuit and How to Maximize Your Insurance Once ServedUpdatesThe Department of Justice (DOJ) has once again postponed its proceeding to amend regulations that would spell out the obligations of retailers, hotels, restaurants, places of entertainment and other businesses to make their websites accessible to individuals with disabilities under the Americans with Disabilities Act (ADA).
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11.23.2015Make Your Insurance Policies List and Check It TwiceUpdatesAs the holidays rapidly approach, it is a perfect time for retailers to review their insurance policies and understand the extent of their coverage. Seasonal hires, new products and revisions in services may expose retailers to uncovered risks.
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11.10.2015FDA Seeks Comments on Use of “Natural” in Food LabelingUpdatesOn Tuesday, November 10, 2015, the United States Food and Drug Administration (FDA) announced that it will accept public information and comment on the term “natural” in the labeling of food products, including foods that are genetically modified or contain genetically modified organisms (GMOs).
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11.02.2015Advertising Holiday Discounts? How Retailers Can Avoid LawsuitsUpdatesWith the holidays approaching, retailers and their advertising partners are preparing for the busiest time of the year. Sales advertising is a staple of holiday marketing campaigns, which often include “former price” comparisons, in which retailers emphasize new, lower prices reduced from pre-holiday “regular” prices.
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10.23.2015Could a Vendor’s Lax Info Security Ruin Your Holiday Sales? Seven Preventative Steps for RetailersUpdatesMany of the largest retailer data security breaches have been caused or enabled by the acts or omissions of retailers’ vendors, such as the widely publicized incident at Target Corporation.
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10.07.2015Navigating the Unsafe Harbor: Keep Calm and Carry OnUpdatesThe Court of Justice of the European Union (CJEU) issued its landmark decision in Maximillian Schrems v. Data Protection Commissioner on October 6, 2015, ultimately invalidating the U.S.-EU Safe Harbor Framework.
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10.01.2015Business Loss Insurance Coverage for Port Explosions in ChinaUpdatesMassive explosions occurred at a warehouse in Tianjin, China, in August 2015, that left hundreds of people dead or injured and destroyed much of the city’s port facilities. Tianjin is located in the industrial north of China and is a critical transit point for many global industries, including electronics, automotive, aerospace, petrochemicals and manufacturing equipment.
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09.21.2015The Price of Customer Loyalty: Rewards Programs and Sales and Use Tax IssuesUpdatesRetailers and other businesses use loyalty and rewards programs to draw in customers throughout the year. However, there are several sales and use tax consequences of promoting consumer loyalty.
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08.31.2015NLRB’s Expanded “Joint Employers” Test: The Employers’ PerspectiveUpdatesThe decision by the National Labor Relations Board (NLRB) last week in BFI Newby Island Recyclery expands the circumstances in which two otherwise separate and independent employers may be found to be joint employers of a group of workers.
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08.26.2015Third Circuit Affirms FTC Authority to Police Whether Companies Have Reasonable Data SecurityUpdatesSince at least 2005, the Federal Trade Commission has asserted that it may regulate lax data security practices as an “unfair” business practice under Section 5 of the FTC Act. The Wyndham hotel chain was the first to challenge this authority in court. In a highly anticipated opinion, the U.S. Court of Appeals for the Third Circuit resoundingly agreed with the FTC that a failure to implement reasonable data security measures may constitute an unfair business practice under Section 5.
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08.19.2015How Retailers Can Stay Out of Trouble with the CPSC this Holiday SeasonUpdatesRight along with tinsel and eggnog, the annual list of dangerous toys and products issued by consumer watchdogs has become a holiday tradition.
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08.10.2015Doing Business in the U.K.? Modern Slavery Act £36M Threshold IssuedUpdatesCompanies doing business in the United Kingdom take note: the U.K. government just made the not-so-long-awaited announcement that businesses with an annual turnover of 36 million British pounds (£36M) will be subject to the reporting requirements of the U.K. Modern Slavery Act of 2015 (U.K. Act).
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07.17.2015The July 2015 TCPA Omnibus Declaratory Ruling and Order: The Good, the Bad, and the UglyUpdatesIn last Friday’s long-awaited TCPA Omnibus Declaratory Ruling and Order (Order), the Federal Communications Commission (FCC or Commission) may have dramatically altered the landscape for TCPA class action defense.
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07.16.201510 Customs Best Practices for This Holiday Season Santa Doesn’t Rely on Customs, but Companies (and Counterfeiters) DoUpdatesProtecting intellectual property (IP) is a core consideration for most businesses, and protection takes many forms, including trademark protection for brands and copyright protection for assets ranging from entertainment (songs, books, and movies) to software code. Savvy businesses invest in trademark and copyright registrations, yet some business enterprises overlook a key aspect of IP protection: Customs.
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06.24.2015Data Breach Requirements Expand in Nevada, Connecticut, Oregon and IllinoisUpdatesFour state legislatures closed their sessions with changes to their data breach notification laws, potentially imposing significant new compliance burdens.
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06.18.2015Dawn of the Drones—A New Era of Insurance Coverage IssuesUpdatesDrones, or unmanned aerial vehicles (UAVs), promise to revolutionize not just commerce but the insurance markets as well. In 2014, the European Commission estimated that, within 10 years, UAVs will represent 10% of the global civil aviation fleet.
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06.09.2015Can This Holiday Be Saved? Retail Distress in the 2015 Buying SeasonUpdatesIn the ramp up to this holiday season, the record number of retail and mall closures and bankruptcies should put retailers and their vendors on alert. Several retail icons have sought or considered bankruptcy protection.
Republished in Law360 on 06.25.2015.
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05.15.2015Spring 2015 Legislative Roundup: States Expand Data Breach Notification RequirementsUpdatesDuring their spring 2015 legislative sessions, Washington, Wyoming, Montana, and North Dakota expanded their data security breach notification laws.
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05.08.2015FTC Ramps Up Scrutiny of Retail Location AnalyticsUpdatesTo improve customer experience and understand customers’ movements and interactions on their premises, retailers, hotels and other brick-and-mortar businesses increasingly use signals from mobile devices to observe their customers’ movements.
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04.27.2015E-Retailers Beware: DOJ Files First Criminal Prosecution for Online Price FixingUpdatesThe Antitrust Division of the U.S. Department of Justice recently announced its first criminal antitrust prosecution in e-commerce. David Topkins was charged on April 6, 2015, with price fixing in violation of Section 1 of the Sherman Antitrust Act in the online sale of decorative posters.
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02.13.2015Trends to Watch in Cyber Liability and Reputational InsuranceUpdatesWith major data breaches again making news, it is important for corporate policyholders to keep abreast of insurance developments in this emerging and fast-moving area. In this update, we provide some thoughts on cyber liability and reputational insurance trends to watch in the months ahead.
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01.08.2015Data Breach Plaintiffs Survive Dismissal Against TargetUpdatesTarget’s 2013 data breach has generated over 100 consumer lawsuits, which were consolidated last year before the U.S. District Court for the District of Minnesota. On December 18, 2014, Judge Paul A. Magnuson issued a decision on Target’s motion to dismiss the consolidated consumer cases.
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01.07.2015NLRB Complaints Claim McDonald’s USA is “Joint Employer” Liable for Labor Violations by Its FranchiseesUpdatesThe Office of the General Counsel of the National Labor Relations Board (NLRB) issued 13 complaints, on December 19, 2014, against McDonald’s franchisees and their franchisor, McDonald’s USA, LLC (McDonald’s USA), involving alleged labor law violations.
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12.23.2014San Francisco Enacts Retail Workers Bill of RightsUpdatesSome retailers in San Francisco will need to set work schedules two weeks in advance or face stiff penalties under a new law that goes into effect in 2015. San Francisco’s recently enacted Retail Workers Bill of Rights will impose new requirements on retailers within San Francisco.
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12.11.2014NLRB Rules That Employees Have Right to Organize Using Company EmailUpdatesThe National Labor Relations Board (NLRB) issued its decision in Purple Communications, Inc. & Communication Workers of America, AFL-CIO today, holding that employees who are given access to company email accounts have a right to use those email accounts for activities protected by federal labor law, including union organizing.
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12.11.2014Top 12 Ways Retailers Can Address Privacy Issues This Holiday SeasonUpdatesIn this installment of “Perkins Coie Wrapping Papers,” we take inspiration from “The Twelve Days of Christmas” to provide an overview of the top twelve privacy and data security issues retailers should consider as the year comes to a close.
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11.06.2014Avoid a Class Action Lawsuit Landing in Your Holiday StockingUpdatesThe holidays are quickly approaching, and shoppers are expected to spend in excess of $600 billion this season. The holiday season is shaping up to become a winter wonderland for retailers.
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10.21.2014ADA Claims Coming for Retailers This Holiday Season for Inaccessible WebsitesUpdatesThe Department of Justice takes the position that websites are covered by the Americans with Disabilities Act (ADA). More claims are being filed by plaintiffs targeting retailers whose websites are inaccessible to consumers who are blind or have low vision.
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09.17.2014Retail Leasing: 'Tis The Season to Make Your List and Check It TwiceUpdatesThe holiday shopping season is fast approaching and for the brick and mortar retail industry, it is a critical time. Whether you are a landlord of a shopping center, a long-term retail tenant, or a temporary seasonal tenant, there are several leasing issues that arise during the holidays that are worth noting.
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09.03.2014Patterson v. Domino’s Pizza, LLC: Franchisors Are Not Vicariously Liable as “Employers” or “Principals” for Their Franchisees’ Employees’ Workplace Conduct, California High Court RulesUpdatesIn a significant win for franchisors, the California Supreme Court ruled 4-3 that although Domino’s “imposes comprehensive and meticulous standards for marketing its trademarked brand and operating its franchises in a uniform way,” it cannot be held vicariously liable as an “employer” or “principal” in a sexual harassment lawsuit filed by an employee of a Domino’s franchisee.
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09.02.2014Insurance Coverage for Businesses Affected by the Napa EarthquakeUpdatesAs the Napa Valley community begins the process of repairing damage and healing from injuries and losses related to the earthquake that struck on August 24, 2014, we extend our heartfelt wishes to those affected by the natural disaster.
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08.07.2014NLRB Challenges Franchise Model in Complaint Against McDonald’sUpdatesLast week, in an unprecedented shift away from long-standing Board precedent, Richard F. Griffin, Jr., General Counsel of the National Labor Relations Board (NLRB), asserted that McDonald’s, USA LLC (McDonald’s USA)—the franchisor of the McDonald’s system—may be liable as a “joint employer” for alleged unfair labor practices of individual franchisees.
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07.09.2014The Perfect Package: A Checklist to Avoid Legal ChallengesUpdatesYour product teams surely have already finalized their lineup of holiday winners, the new gizmos and must-have widgets that you hope end up on everyone’s wish lists.
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07.01.2014"Color" Is the New "Black and White" for EU TrademarksUpdatesPreviously, a logo registered in black and white was considered sufficient to protect versions of the logo in any color, but this is not necessarily true for European Union (EU) Community Trade Marks (CTM). Under the new rule, logo trademarks filed in black and white or greyscale might not protect the same mark in color.
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06.17.2014Risk of Data Breaches Keeping You Up? Assess Data Security Before The Holiday SeasonUpdatesAs retailers prepare for the upcoming holiday shopping season, Perkins Coie’s Retail & Consumer Products industry group is proud to introduce its 9th annual “Perkins Coie Wrapping Papers.” These updates will highlight some of the legal issues retailers face during this critically important holiday shopping season.
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05.21.2014Speak Up Now: Seattle $15 Minimum Wage Proposal Comment Period Begins May 22UpdatesThe Seattle employment community is abuzz about the prospect of a $15 minimum wage for all Seattle employees, which would make it the highest minimum wage in the nation.
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05.13.2014FTC Sends Warning About Using Social Media With PromotionsUpdatesThe Federal Trade Commission (FTC) recently investigated whether Cole Haan’s “Wandering Sole” social media contest violated Section 5 of the FTC Act, which prohibits deceptive practices.
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04.03.2014FCC Clarifies TCPA MandatesUpdatesThe FCC last week issued two declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA). While the rulings in each are limited to the specific requests set forth in the petitions, they include broad language and reasoning that will be helpful for businesses looking for ways to reach their customers without running afoul of the TCPA.
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11.21.2013Don’t Let Your Super Sale Become a Violent StampedeUpdatesEarlier this week, the federal Occupational Safety and Health Administration issued the news release, “Crowd Management Measures Are Critical During Major Sales Events,” and sent a reminder to major retailers and retail associations about the need to take precautions to prevent employee injuries during major sales events.
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11.06.2013Facebook Simplifies its Promotion GuidelinesUpdatesFacebook recently updated its Promotion Guidelines to ease restrictions on conducting contest and sweepstakes promotions on the Facebook platform. Facebook previously required promotion sponsors to administer promotions through apps and restricted sponsors’ use of basic Facebook functions, such as a "like" or a message to a sponsor’s Facebook Page, in connection with a promotion.
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10.15.2013Don’t Let Liability Exposure Be the Grinch That Ruins Your Holiday SeasonUpdatesWith the holiday season quickly approaching, it’s a particularly good time to check your internal procedures. As you are certainly aware, a disappointed customer, or worse, an injured user, can assert claims against manufacturers, distributors and retailers, among others, in many U.S. jurisdictions. In this increasingly global economy, it can be more difficult than ever to make sure you are properly and fully protected against these types of risks.
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10.08.2013Are You Ready for the New TCPA Regulations Regarding Text/SMS Marketing That Go Into Effect on October 16, 2013?UpdatesOn October 16, 2013, new rules promulgated by the Federal Communications Commission on June 11, 2012 implementing the Telephone Consumer Protection Act of 1991 go into effect regarding the requirements for prior written consent necessary to send text/sms marketing messages.
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07.01.2013The New COPPA Rule Takes Effect Today — Are You Ready?UpdatesIn December 2012, the Federal Trade Commission (FTC) adopted final amendments to the Children's Online Privacy Protection Act (COPPA) Rule, which regulates how companies may collect information online from children under 13. Last month, the FTC also issued an updated set of Frequently Asked Questions regarding the revised COPPA Rule. The revised COPPA Rule went into effect today, July 1, 2013, and will impact "operators" of certain websites and online services for a long time to come.
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06.24.2013Dressing Up Your Trademarks for the HolidaysUpdatesAre you contemplating dressing up your trademarks for the holidays? Adding a jaunty Santa hat and garlands to your company name on your website and shopping bags? Animating your logo to spin like a dreidel or fly like Rudolph? Maybe adorning your word marks with candy cane stripes? Using your trademarks to embrace the holiday spirit can freshen your brand image, infuse it with energy and differentiate it from your competitors.
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05.22.2013Insurance Coverage for Businesses Affected by the Oklahoma TornadoUpdatesMany businesses in Oklahoma have been impacted by the devastating tornado that hit that state on May 20, 2013. Early estimates indicate the tornado caused upwards of $2 billion in damage. Numerous national and local businesses and other entities, ranging from retailers to schools and hospitals, reported significant damage and an interruption in their business operations due to the tornado.
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04.17.2013New Laws Increase Criminal Liability for Disclosure of Trade Secrets: Are You Protected?UpdatesTwo new criminal laws underscore the value of trade secrets as a critical asset to a corporation. These new laws, the Trade Secrets Clarification Act (TSCA) and the Foreign and Economic Espionage Penalty Enhancement Act (FEEPEA), have increased the criminal penalties for stealing trade secrets, including fines in excess of $10 million.
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04.16.2013Data Breach Class Actions Can't Survive Certification Without Expert Testimony on Classwide DamagesUpdatesThis is the latest opinion in the ongoing litigation arising out of a massive data breach suffered by Hannaford Bros. grocery stores. In re Hannaford Bros. Privacy Litigation, __F. Supp. 2d __, Case No. 2:08-MD-1954-DBH, 2013 WL 1182733 (D. Me. Mar. 20, 2013).
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04.04.2013Concerns About Databases of Retail Employee TheftsUpdatesOn April 3, 2013, the New York Times published an article about commercial databases that contain reports from retail employers about employees who were accused of stealing from their workplaces.
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03.22.2013New FinCEN Guidance Changes Regulatory Landscape for Virtual Currencies and Some Prepaid ProgramsUpdatesTo address a perceived gap in regulatory treatment of increasingly popular virtual currencies, including Bitcoin, the U.S. Department of the Treasury Financial Crimes Enforcement Network (FinCEN) released new guidance on March 18, 2013.
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03.21.2013U.S. Supreme Court Rejects Attempt to Manipulate Federal Jurisdictional Threshold Under Class Action Fairness ActUpdatesThe U.S. Supreme Court unanimously ruled in Standard Fire Insurance Co. v. Knowles, 568 U.S. __, No. 11-1450, 2013 WL 1104735 (Mar. 19, 2013), that plaintiffs attempting to bring a class action lawsuit cannot escape federal jurisdiction by agreeing to seek less than $5 million in damages.
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03.20.2013Perils of the Global Supply Chain Series, Part 3: Groundbreaking ‘Honey Laundering’ Sting Signals New Era in Supply Chain EnforcementUpdatesSupply chain compliance is on the government’s enforcement radar like never before. If the recent Executive Order on Trafficking in Government Contracts and final SEC Conflict Minerals Rules were not notice enough, the Department of Justice’s (DOJ’s) February 20, 2013 announcement of headline-grabbing charges against the two largest domestic honey processing companies eliminates any doubt that companies must carefully examine the effectiveness of their existing supply chain compliance programs.
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03.19.2013Retailers Beware: Massachusetts Court Restricts Ability to Collect ZIP Codes at Point of SaleUpdatesThe Supreme Judicial Court of Massachusetts recently held that collecting a consumer's ZIP code at the point of sale may violate Massachusetts General Laws Chapter 93, Section 105(a) (Section 105(a)), which restricts the ability of retailers to collect personal identification information (PII) from consumers in connection with a credit card transaction.
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03.04.2013ICANN's Trademark Clearinghouse for Expanded gTLDs to Launch March 26: Are You Ready?UpdatesThe Internet Corporation for Assigned Names and Numbers (ICANN), which is charged with enabling and securing the Internet, has been hard at work on a significant expansion project.
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02.28.2013$8 Million Trade Dress Infringement Verdict: Is Your Trade Dress Protected?UpdatesA recent $8.1 million verdict in a trademark and trade dress infringement action is an emphatic reminder that businesses of all sizes should protect their trade dress as well as their trademarks.
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02.05.2013California Supreme Court Decision Signals Victory for Online RetailersUpdatesThe California Supreme Court recently issued a landmark ruling in Apple Inc. v. Superior Court (formerly Krescent v. Apple Inc. in trial court proceedings), a case with wide-reaching implications for consumer privacy in e-commerce. The issue before the Court was whether California’s Song-Beverly Credit Card Act (the Act), which generally prohibits retailers from collecting or requesting personal identification information (PII) as a condition of accepting credit card payments, should apply to online retailers.
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02.05.2013The Madrid System Is Expanding: Is Your Trademark Portfolio Covered?UpdatesAs more countries join the Madrid Protocol System for the International Registration of Marks (Madrid System), trademark owners should be sure to take full advantage of this trademark registration option. There are now 89 members of the Madrid System. Significantly lower application and maintenance costs, as well as streamlined portfolio management options, are just a few of the reasons why the Madrid System is advantageous for trademark owners.
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02.04.2013Are You Recording Your Customers’ Calls? Better ListenUpdatesFederal law and most states only require one party to a phone call to consent to recording it, which means the person recording the call doesn’t need anyone else’s permission; however, a minority of states, including California, require all parties to a call to provide consent. While you might think you are safe if you do the recording in a one-party consent state, like Georgia, California’s highest court has made clear that California law will apply no matter where you are located if you do business in California and record a call with a California client. Kearney v. Salomon Smith Barney, Inc., 39 Cal. 4th 95 (2006).
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01.28.2013National Labor Relations Board Issues Decisions Important to All Private Sector EmployersUpdates
In the waning days of 2012, the National Labor Relations Board (NLRB) issued several game-changing decisions that are important to all private sector employers—both union and nonunion.
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01.22.2013California Supreme Court to Rule on Legality of Collecting Customer Information During Online Credit Card PurchasesUpdatesCompanies that accept online credit card payments should be keeping an ear very close to the ground for the California Supreme Court’s decision in Apple v. Superior Court (Krescent), expected within the next few weeks. Depending on how the court rules, the case has the potential to spawn a flood of class actions against online retailers and change the way web payments are processed.
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01.09.2013FDA Issues Proposed Rules and Explanatory Fact Sheets for FSMAUpdatesOn January 4, 2013, the Food and Drug Administration (FDA) issued two long-awaited proposed rules implementing important aspects of the 2011 Food Safety Modernization Act (FSMA). These rules are intended to help prevent foodborne illnesses by ensuring stricter and more effective preventive and protective measures in key areas of the food supply chain. On January 9, 2013, the FDA issued fact sheets providing summaries, background and highlights of the proposed rules.
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12.20.2012California Law Soon To Require Written Contracts For Employees Paid On Commission (AB 1396; Cal. Labor Code § 2751)UpdatesOn January 1, 2013, all employers with employees in California who are paid by commission will be required to have written contracts with those employees. This law is a significant departure from the previous law, which only required employers based outside of California to have written contracts with their commissioned employees.
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12.20.2012The Retail Point of Sale Goes MobileUpdatesMobile point-of-sale payment terminals have experienced explosive growth over the past year. Unlike a traditional point-of-sale terminal, a mobile terminal communicates wirelessly when processing payment cards. There are different types of solutions in the market, but one popular type is an application within a mobile device, like a smartphone or tablet, that uses a hardware attachment to swipe payment cards.
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12.04.2012FCC Rules That Confirmatory Opt-Out Text Messages Don't Violate the TCPA Under Certain CircumstancesUpdatesIn a ruling that will impact certain aspects of how companies handle their SMS/text message promotional programs, on November 29, 2012, the Federal Communications Commission released a Declaratory Ruling regarding the Telephone Consumer Protection Act (TCPA) pursuant to a request by SoundBite Communications, Inc.
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11.28.2012Don't Let a Data Breach Diminish Your Retail Profits This Holiday SeasonUpdatesFor the first time, online retail sales exceeded $1 billion on Black Friday and reached nearly $1.5 billion on Cyber Monday this year. Analysts expect this increase in e-commerce to continue, and Forrester Research estimates that online sales this holiday season will exceed $68.4 billion—a 15 percent increase over 2011.
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11.20.2012Supreme Court to Hear Another Case on Class Arbitration WaiversUpdatesOn November 9, 2012, the U.S. Supreme Court agreed to consider the enforceability of a class action waiver clause in agreements between American Express and merchants that accepted its cards. The merchants filed a proposed class action suit against Amex, alleging that its “Honor All Cards” policy—which required stores to accept Amex’s charge cards as well as its credit cards—violated federal antitrust law.
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10.25.2012Perils of the Global Supply Chain, Part 2: Supply Chain Responsibility, Or Else.UpdatesWhether “Corporate Social Responsibility” (CSR) is a new phrase to your company or is something you have observed and worked on for years, these are perilous times indeed for companies with large, complex, global supply chains.
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09.26.2012Want a Federal Government Contract? Now You Must Join the Fight Against Human TraffickingUpdatesOn September 25, 2012, President Obama signed a groundbreaking Executive Order designed to strengthen protections against trafficking in persons in federal contracting.
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09.20.2012Who’s Responsible for the Misfit Toys? Strategies for Allocating Risk in a Global EconomyUpdatesRetailers and others in the chain of distribution can and should take steps to reduce their exposure to product liability claims.
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09.11.2012An Addition to Your Holiday List: Seasonal Tenants and Lease ReviewsUpdatesRetail property owners and retailers alike are always looking for ways to increase their revenues in a cost-effective manner, especially during the holiday season when a large percentage of a retailer's profits are typically earned.
This Client Update was republished in Retail Law Strategist - Volume 12, Issue 4, Winter 2012 -
08.16.2012Making a List, Checking It Twice: Are Santa and His Elves Your Employees? (This and other wage-hour issues to consider during the holidays.)UpdatesIn the holiday rush, it's easy to overlook wage-hour issues. This Wrapping Paper discusses common ones to which you should be alerted.
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06.27.2012Perils of the Global Supply Chain Series – Part 1UpdatesThose working in today's in-house law departments or supervising global supply chains and third-party business partners have become sensitive to the significant dangers posed by not complying with the U.S. Foreign Corrupt Practices Act (“FCPA”). The well-publicized recent events surrounding Wal-Mart's FCPA woes have only raised already-elevated anxiety levels.
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06.12.2012Expansive New Washington State Law Threatening On-line Service Providers With Criminal Liability Enacted, Now EnjoinedUpdatesEarlier this year, Washington state legislators unanimously passed the nation's first criminal law requiring age verification for commercial sexual services advertisements depicting minors. The landmark law's goals are laudable, but its broad reach has some on-line service providers and traditional publishers concerned. For example, on-line service providers that allow users to post content and images on their sites, including on social networking sites, dating sites, discussion forums, blogs and chat rooms, could now face criminal exposure, even if they have absolutely no interest in placing, or permitting the placement of, such ads.
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04.10.2012Alert: Apple's Supply Chain Fair Labor ReportUpdatesIn the wake of the recent negative publicity deluge, including a segment on a national newsmagazine show, alleging labor violations including the use of child labor, safety violations and unfair pay practices, late last week Apple released a third-party report detailing problems and proposed solutions at one of its largest suppliers.
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03.27.2012Class Action Complaints Strictly Interpret Privacy Policy RequirementsUpdatesSeveral class action complaints filed in recent months take a novel approach regarding the requirements for website privacy policies under California's "Shine the Light" law.
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03.12.2012California Transparency in Supply Chains Act of 2010: Are You in Compliance?UpdatesThe California Transparency in Supply Chains Act of 2010 went into effect January 1, 2012. The Act requires retail sellers and manufacturers to disclose what efforts, if any, they are taking to eliminate forced labor and human trafficking from their supply chains.
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02.23.2012FCC Releases Final Report and Order Updating Its Rules Implementing the TCPAUpdatesAfter nearly two years of comments, the FCC issued its Report & Order updating its Rules implementing the Telephone Consumer Protection Act pursuant to the January 2010 Notice of Proposed Rulemaking.
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02.08.2012Proposed EU Regulation Promises Significant Changes to Consumer PrivacyUpdatesThe European Commission's proposed "Regulation on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data" offers a significantly higher level of legal harmonization and predictability across Europe, but at the price of more stringent requirements and availability of stricter sanctions.
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01.23.2012Final Settlement Reached in Class Actions Against Premium SMS SweepstakesUpdatesNBC, FOX Broadcasting and other defendants reached a multi-million dollar settlement with plaintiffs in multiple California class action lawsuits alleging that American Idol and Deal or No Deal SMS sweepstakes were illegal lotteries.
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01.11.2012California's Song-Beverly Act Does Not Apply to Kiosk TransactionsUpdatesOn January 6, 2012, the U.S. District Court for the Central District of California dismissed with prejudice Mehrens v. Redbox Automated Retail, LLC, a putative class action against Redbox alleging that Redbox violated California's Song-Beverly Credit Card Act by requesting ZIP codes and email addresses in connection with credit card transactions.
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12.05.2011FinCEN Answers Frequently Asked Questions about Regulatory Requirements for Gift Cards, Gift Certificates and Similar Stored-Value CardsUpdatesOn July 26, 2011, FinCEN issued the Final Rule. The Final Rule applies regulations regarding money service businesses ("MSBs") to “providers” and “sellers” of "prepaid access." The Final Rule became effective on September 27, 2011.
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11.15.2011'Tis The Season of Employee Theft: Steps to Ensure Your Fidelity Insurance Will Cover Your LossesUpdatesIncreased store traffic, the shift in management's attention to keeping stock available and the barrage of seasonal employees create an environment ripe for crimes of opportunity such as employee theft.
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11.08.2011Ho, Ho, Hold On! Do We Have the IP Rights for This Campaign?UpdatesThe winter holiday season poses high sales potential for most retail companies. Your designers and marketing groups are likely already hard at work developing products and advertising campaigns to take advantage of the season and its opportunities. But this is also a good time to remind yourself and your design and marketing personnel to ensure that your products and advertising do not infringe on someone else's intellectual property.
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11.01.2011Top Ten Employment "Potholes" to Avoid in CaliforniaUpdatesCalifornia, standing alone, has the eighth largest economy in the world, with a gross state product of nearly $2 trillion in 2010. It is no surprise that the state is an irresistible market for many leading (and emerging) companies with significant workforce populations. But California is also one of the most perilous jurisdictions for employers, featuring a harsh, unforgiving and sometimes unexpectedly quirky regulatory environment, all enforced by a large population of zealous plaintiffs’ lawyers. Doing business in California can be perilous indeed.
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10.28.2011Perkins Coie Retail & Consumer Products Industry Group Survey Results and Commentary: Leave AdministrationUpdatesThe Perkins Coie Retail & Consumer Products industry group announced a new initiative earlier this year to survey our retail and consumer products industry clients periodically on legal issues and to report to our clients the results with related commentary.
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10.20.2011Holiday Music – 'Tis the Season to Secure Music Licenses and Examine Fourth Quarter Royalty FeesUpdatesMusic and holiday shopping go hand-in-hand. Chances are, your final plans for holiday-themed décor, events and websites will all involve music. This wrapping paper is designed to help your creative team design and implement a music protocol that protects intellectual property ("IP") rights without breaking your holiday budget.
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10.19.2011Governor Brown Engages in Bill Signing Frenzy for Employment Related LegislationUpdatesGovernor Brown recently signed several bills significantly impacting employers in California. These new laws were wide ranging and covered many diverse issues, including: limiting an employer’s use of consumer credit reports, barring discrimination on the basis of gender and sexual identity, imposing stiff penalties for employers who willfully misclassify employees as independent contractors, extending healthcare coverage to employees taking Pregnancy Disability Leave, and employment contract requirements for certain employees earning commission-based compensation.
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08.23.2011Protecting Your Brand in the New .XXX DomainUpdatesThere have been many recent changes in the world of domain names. This is the fourth in a series of updates on these issues. It is intended to keep you informed about issues that are important to brand owners and any others with a significant web presence.
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08.02.2011FinCEN Issues Final Rule Regarding Prepaid AccessUpdatesOn July 26, 2011, the Financial Crimes Enforcement Network of the Department of the Treasury ("FinCEN") issued a final rule amending the Bank Secrecy Act's regulations and establishing comprehensive regulatory requirements for prepaid access ("Final Rule").
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07.26.2011Hidden IP: Take a 360º View of Retail and Consumer Product-Related Intellectual Property Risks and Opportunities This Holiday SeasonUpdatesAll of the tools and tricks you will use this holiday season to catch consumers' eyes and capture their dollars will likely involve intellectual property (IP) rights. New products (patents? copyrights?) with catchy names (trademarks?) and bright packaging (trade dress?) supported by huge advertising campaigns (more copyrights?) are distributed through new channels to attract new customers (trade secrets?). You've registered your trademarks and copyrights and thought about whether you have any patentable inventions. But your IP rights are implicated in many other areas of your business, especially during the holiday season.
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07.19.2011Federal Reserve Board's Final Rule Implementing the “Durbin Interchange Amendment” to the Dodd–Frank ActUpdatesOn October 1, 2011 a new Federal Reserve Board Final Rule implementing the “Durbin Interchange Amendment” to the Dodd-Frank Act will go into effect.
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06.30.2011.Pepsi and .Soda: Are You Ready for the Coming Expansion of Domain Name Space? Legal and Practical Issues for In-House Counsel and Brand ManagersUpdatesIn a matter of months, the amount of "Internet real estate"—which has been static for the past several years—will expand dramatically. Companies, organizations, cities and others will be able to apply to ICANN to launch new domain spaces using brand names (for example, .nike), generic terms (such as .shoes) and locations (such as .nyc).
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06.21.2011Supreme Court Tightens The Rules for Employment Class ActionsUpdatesThe U.S. Supreme Court issued its opinion in the long-awaited Wal-Mart v. Dukes decision yesterday. The Court's decision is good news for employers as it will make it more difficult for plaintiffs to pursue large class actions against employers.
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03.11.2011Have You Been Sued for Recording ZIP Codes? Your Insurance May Cover the ClaimUpdatesFollowing the recent California Supreme Court’s decision in Pineda v. Williams-Sonoma Stores, Inc., 2011 WL 446921 (Cal. Feb. 11, 2011), numerous class action lawsuits have been filed under the Song-Beverly Credit Card Act of 1971, Cal. Civ. Code §§ 1747 et seq. ("Credit Card Act"), a state statute designed to protect the personal privacy of credit card users. These lawsuits expose California businesses to considerable defense costs and the potential for substantial damages. Law360 reports that in the wake of this ruling at least 30 proposed class actions have been filed in California, and many more are on the way. That’s the bad news. The good news is that these claims may be covered under your Commercial General Liability ("CGL"), Errors and Omissions ("E&O"), or Directors and Officers ("D&O") Liability insurance policies.
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02.15.2011California Supreme Court Rules That ZIP Codes Are "Personal Identification Information" Under Song-Beverly ActUpdatesOn February 10, 2011, the California Supreme Court held that a customer's ZIP code is "personal identification information" ("PII") under the California Song-Beverly Credit Card Act of 1971 and that businesses cannot request and record a customer's ZIP code during a credit card transaction.
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02.01.2011A Window of Opportunity for IP Enforcement in ChinaUpdatesThe Chinese government is in the midst of a six-month Intellectual Property Rights Campaign (“IPR Campaign”) that could provide some much needed help to businesses struggling with intellectual property (“IP”) infringement in China. The IPR Campaign aims to reduce IP violations related to all types of IP, including copyrights, trademarks and patents.
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02.01.2011Third Circuit Issues Temporary Injunction on New Jersey Zip-code Collection RequirementUpdatesOn June 29, 2010, New Jersey enacted Assembly Bill 3002, which substantially revised the state’s unclaimed property laws.[1] Many of these revisions directly impact issuers of “stored value cards,” which broadly includes paper gift certificates, gift cards, rebate cards, and other products.[2] This white paper discusses AB 3002’s requirement to collect consumer names, addresses and zip codes and the abandonment period for stored value cards.
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01.26.2011Overview of the Restore Online Shoppers' Confidence ActUpdates
In late 2010, the Restore Online Shoppers' Confidence Act, (ROSCA), passed in both chambers of Congress and, on December 29, 2010, was signed by the President. ROSCA will become law once final administrative actions are complete. The Act contains two primary prohibitions: (1) it prohibits and prevents Internet-based post-transaction third party sales and (2) it imposes specific requirements on negative option features. The relevant terms and provisions are summarized in more detail below.
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01.13.11Proposed Rule on Interchange Rate Provisions of Durbin AmendmentUpdates
On December 16, 2010, the Federal Reserve issued a proposed rule under Section 1075 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 1075, popularly known as the Durbin Amendment, requires debit-card interchange fees to be “reasonable and proportional” to the cost of the transaction and is widely considered to be a major victory for merchants. The Federal Reserve seeks comment on two alternative standards for determining whether a fee is “reasonable and proportional." It is important to note that these proposed alternatives only apply to debit-card transactions and not to credit-card transactions or certain prepaid cards.
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01.11.2011Don't Pay for the Misdeeds of Others: Intro to Avoiding Foreign Third-Party FCPA LiabilityUpdatesMany companies might be surprised to learn that the difficult to control acts of their foreign agents, intermediaries, consultants, joint venture partners, suppliers, distributors and even outside counsel, private equity portfolio companies and franchisees can result in—and, in fact, have resulted in—potentially devastating civil and criminal Foreign Corrupt Practices Act (FCPA) liability to the principal or parent company . . . even absent any evidence of the company’s actual knowledge of this misconduct. And all indications are that the government will ramp up its reliance on such third-party liability as we move into 2011 and beyond. This update examines the growing threat of third-party liability and how clients can, through precautionary steps tailored to the particular circumstances of the company, effectively fend off the potentially catastrophic effects of third-party liability.
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11.29.2010FTC Proposes Revisions to Green Guides – It's Not Easy Being GreenUpdatesConsumers crave environmentally friendly products and services, so naturally advertisers weave "green" messages into advertising, using "eco-friendly" words, images, brand names, logos and certifications. But making false or misleading green claims can trigger legal challenges that result in a wide range of penalties and negative publicity.
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10.08.2010Keyword Advertising Update – Navigating Unsettled Waters to Protect Your Mark and Promote Your BusinessUpdatesWhen consumers type your brand names into an Internet search engine this holiday season, do you expect that your website or the stores that sell your product would be at the top of the results list? They might. But the first link could direct those consumers to your fiercest competitor's site.
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09.03.2010Washington State Retail Sales Tax LitigationUpdatesCollecting the right retail sales tax is sometimes a difficult task, but the government should not intentionally make it harder. Unfortunately, because of a recent change in the law, retailers with operations in Washington state faced a confusing and uncertain tax environment, made worse by an unfortunate injunction obtained by the City of Bellingham and Whatcom County.
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08.18.2010The Financial Reform Act: Section 1075 Changes the Rules Related to Credit and Debit Card UseUpdatesOn June 30, 2010, the House of Representatives approved the Dodd-Frank Wall Street Reform and Consumer Protection Act, or the Financial Reform Act, a comprehensive and expansive set of financial reforms widely thought to be the toughest changes to financial regulation in the United States since the Great Depression.
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07.26.2010The Financial Reform Act: New Bureau of Consumer Financial Protection Is Established with Broad Rulemaking, Enforcement and Regulatory AuthorityUpdatesOn June 30, 2010, the House of Representatives approved the Dodd-Frank Wall Street Reform and Consumer Protection Act, or the Financial Reform Act, a comprehensive and expansive set of financial reforms widely thought to be the toughest changes to financial regulation in the United States since the Great Depression.
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06.23.2010New Opt-In Rules for Overdraft Services: What Retailers Should ExpectUpdatesOn July 6, 2010, the Federal Reserve's Regulation E prohibition of overdraft fees will take effect. From then on, financial institutions will no longer be able to charge a fee when a consumer overdraws a checking account by making a debit card purchase or requesting an ATM withdrawal for an amount that exceeds the consumer's available funds, unless the overdraft service is expressly authorized by the account holder.
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03.25.2010IRS Provides New Safe Harbor for Section 1031 Exchanges Using Qualified IntermediariesUpdatesThe IRS recently issued Revenue Procedure 2010-14, which provides long-awaited guidance for taxpayers whose deferred like-kind exchange of relinquished property would be non-taxable under Section 1031 of the Internal Revenue Code but for the failure of the qualified intermediary ("QI") to acquire and transfer identified replacement property due to the QI's insolvency proceedings.
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03.05.2010Virtual Currencies - Real Legal Issues for RetailersUpdates"Points," "coins," "bucks" and other forms of virtual currency are becoming standard offerings for online game sites, social media sites, retailers and other businesses. Virtual currency systems generate revenue, provide low-cost alternatives to credit cards for micropayments, offer prepaid solutions appealing to youth and other users without credit cards, and help companies build attractive loyalty programs.
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12.2009You May Not Be as Exclusive as You ThinkArticles
Retail Law Strategist, Volume 9, Issue 8
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12.04.2009Retailers Should Understand FTC Guidelines and How They Apply to Employee EndorsementsUpdatesProduct endorsements and testimonials are one of the most effective and powerful advertising techniques used by retailers. As a result, the Federal Trade Commission (FTC) has for years regulated such advertising in traditional media—television, radio and print.
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11.16.2009Despite Flurry of Claims, California Courts Gift Retailers With Narrow Interpretations of Song-Beverly Credit Card Act: Some Tips for Compliance Under Recent RulingsUpdatesIf you are a retailer with brick-and-mortar stores in California and accept credit cards for payment, take note. You may want to take a few simple steps to avoid liability for an increasing number of claims under an old law that has received a lot of recent attention.
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11.11.2009The H1N1 Flu: Retailers – Be PreparedUpdatesThe Holiday season this year carries with it not only high hopes for successful sales but the threat of widespread – and increasing – influenza outbreaks. Retailers are uniquely threatened by the flu: sales personnel are routinely exposed to hundreds of shoppers in close quarters, shaking hands, handling merchandize, and exchanging cash. But careful planning can help minimize the impact on your sales force.
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10.22.2009The Truth About "Green" Advertising ClaimsUpdatesEnvironmentally friendly advertising claims effectively grab the attention of consumers hungry for "green" products and services. But as you prepare your holiday advertising, there are several things to keep in mind if you are making "green" claims.
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10.01.2009Combating Counterfeiting, Piracy and Gray-Market GoodsUpdatesRemember the hype surrounding Tickle Me Elmo in 1996, Sony's Playstation in 1995 and, if you're old enough, the Cabbage Patch Kids in 1986? Each holiday season features new "must-have" gifts—that toy your child just cannot live without or that next generation video game or console or that one special pair of boots.
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09.24.2009The Consumer Financial Protection Agency Act of 2009: Welcome to the World of Financial Services Regulation!UpdatesThis month, Congress will begin to address the proposed Consumer Financial Protection Agency Act of 2009, known as the CFPAA, which is one piece of the dramatic financial regulatory reform that Barney Frank, Chairman of the House Financial Services Committee, introduced in July 2009.
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09.16.2009Loss of Shopping Center Tenants – What Can You Do To Salvage Your Holiday Season?UpdatesA center with a high vacancy level will likely experience a significant drop-off in holiday shoppers visiting the center, so you need to be proactive to minimize the impact.
Presentations
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02.08.2024Beauty, Personal Care, and Cosmetics Legal RoundtableSpeaking Engagements
Legal Roundtable Discussions / New York, NY
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11.14.2023Consumer Brands Litigation Exchange: CA SB 343 and Sustainability ClaimsSpeaking EngagementsConsumer Brands Association / Virtual
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09.27.2023 – 09.28.2023WTR Live: Brand Strategy Summit USA 2023Speaking EngagementsWTR Live: Brand Strategy Summit / New York, NYPerkins Coie sponsored the annual WTR Live: Brand Strategy Summit.
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06.07.2023Demystifying Washington State’s My Health, My Data ActWebinarsThe recently enacted My Health, My Data Act (MHMD) will regulate the collection, use, sharing, analysis, and sale of health-related data of individuals in Washington state and beyond.
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05.10.2023The Clean Beauty Movement: Regulatory & Litigation Pitfalls to AvoidSpeaking Engagements
Personal Care Products Counsel Legal & Regulatory Conference / Quebec City, Canada
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11.08.2022 – 11.10.20222022 ANA/BAA Marketing Law ConferenceSpeaking Engagements
Sponsorship
ANA / Hollywood, FLPerkins Coie was a sponsor of the 2022 ANA/BAA Marketing Law Conference.
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03.09.2022Strategically Negotiating the Changing Retail Landscape—2022 and Beyond: Utilizing Technology and Contracts to Navigate Supply Chain ChallengesWebinarsThis program addressed utilizing technology and contracts to navigate supply chain challenges in the retail and real estate sectors.
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01.19.2022
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04.01.2021
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12.10.2020
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12.09.2020Privacy for Retail Roundtable: Preparing for the CPRAWebinarsThis Privacy for Retail roundtable discusses the new California Privacy Rights Act (CPRA) and its impact on the retail industry.
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10.21.2020Ask a General Counsel…Speaking EngagementsRetail Industry Leader Association Annual Meeting / Virtual
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06.12.2020Retail Property: The Pandemic and Civil Unrest Insurance ImplicationsSpeaking EngagementsRetail Industry Leaders Association / Virtual
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04.21.2020COVID-19 State and Judicial Developments Including a Discussion on DeVito v. Wolf, PA Supreme Court DecisionSpeaking EngagementsRetail Industry Leaders Association / Virtual
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03.25.2020Exploring Business Income Insurance Coverage Under Property Policies Following Recent Regulation and Shelter In Place OrdersWebinarsJoin us Wednesday, March 25, 2020, as we address how recent actions may affect the possibility of insurance coverage for business income losses under property policies. Coronavirus loss estimates now exceed $4 trillion and continue to rise.
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03.25.2020Q&A Insurance Issues in the World of COVID-19: Implications for Landlords and TenantsSpeaking EngagementsRetail Industry Leaders Association / Virtual
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03.10.2020Coronavirus (COVID-19) and the Workplace - What Every US Employer Should KnowWebinarsAs U.S. officials encourage Americans and American companies to prepare for, and as some companies are already dealing with significant disruptions to their daily routines, employers need to keep in mind the current state of applicable employment laws when implementing a response.
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03.05.2020Insurance Coverage for Retailers and Hospitality Companies Affected by CoronavirusWebinarsWhat you need to know now about your current coverage and what you need to know now to protect your company at renewal.
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11.03.2017
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01.26.2016Debating Why the Issue of Ascertainability Is So Important in Defending Your CaseSpeaking EngagementsCo-Chair
American Conference Institute’s 4th Advanced Summit on Defending Food & Beverage Consumer Fraud Litigation / San Francisco, CA -
11.10.2015Labeling ChallengesSpeaking EngagementsChallenges Facing the Food & Beverage Industries in Complex Consumer Litigations / Washington, D.C.
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10.27.2015Keynote Debate on Consumer Class ActionsSpeaking EngagementsFood Vision USA Conference / Chicago, IL
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07.23.2015The Food Court and Beyond: Consumer Class Actions in Food and SupplementsSpeaking EngagementsDRI Class Action Defense Seminar / Washington, D.C.
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02.20.2014The Seminar Group’s Wineries, Breweries and Distilleries ConferenceSpeaking EngagementsTopics discussed include understanding brand value, navigating state and federal law, and the value of M&A as a finance tool in the alcohol industry.
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10.20102010 Product Liability WorkshopSeminarsIn the past 19 years, more than 750 companies have sent employees to a Perkins Coie Product Liability Workshop.
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09.30.2009 - 10.01.2009Product Liability WorkshopSeminarsPlease join us for our 19th Annual Product Liability Workshop. In the last 18 years, more than 750 companies have sent employees to a Perkins Coie Product Liability Workshop.