• 10.19.2017
    California Updates Its Auto-Renewal Law
    From 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."
  • 08.11.2017
    ‘Tis the Season to Plan Ahead for Celebrity Endorsement Campaigns
    The holiday season is around the corner, and retailers are planning their holiday marketing campaigns.
  • 05.30.2017
    FTC Sends Warning to Brands and Social Media Influencers
    The 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.
  • 12.15.2016
    Top 10 Litigation Risks and Trends for Retailers

    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. 

  • 09.13.2016
    NJ’s Truth-in-Consumer Contract, Warranty and Notice Act: Will Related Class Actions Against Retailers Continue?
    This 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.
  • 12.07.2015
    Organic Label Due Diligence Is Critical After CA Supreme Court Approves Lawsuits
    The 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).
  • 11.10.2015
    FDA Seeks Comments on Use of “Natural” in Food Labeling
    On 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).
  • 11.02.2015
    Advertising Holiday Discounts? How Retailers Can Avoid Lawsuits
    With 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.
  • 07.17.2015
    The July 2015 TCPA Omnibus Declaratory Ruling and Order: The Good, the Bad, and the Ugly
    In 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.
  • 04.27.2015
    E-Retailers Beware: DOJ Files First Criminal Prosecution for Online Price Fixing
    The 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.
  • 03.27.2015
    Will Supreme Court Issue Preclusion Ruling Give TTAB Decisions More Bite?
    The Supreme Court addressed the preclusive effect of decisions of the USPTO’s administrative court, the Trademark Trial and Appeal Board (TTAB), on district court trademark infringement proceedings in B&B Hardware, Inc. v. Hargis Indus., Inc. In its ruling this week, the Court held that a district court should give preclusive effect to a TTAB decision if the ordinary elements of issue preclusion are met.
  • 11.06.2014
    Avoid a Class Action Lawsuit Landing in Your Holiday Stocking
    The 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.
  • 07.09.2014
    The Perfect Package: A Checklist to Avoid Legal Challenges
    Your 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.
  • 07.01.2014
    "Color" Is the New "Black and White" for EU Trademarks
    Previously, 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.
  • 05.13.2014
    FTC Sends Warning About Using Social Media With Promotions
    The 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.
  • 12.09.2013
    New California Advertising and Privacy Laws: What’s Your Compliance Plan?
    California recently enacted two laws regarding Do Not Track Transparency and Advertising to Minors that will have a significant impact on all companies that operate commercial websites, host mobile applications or provide advertising or analytics technology services.
  • 11.06.2013
    Facebook Simplifies its Promotion Guidelines
    Facebook 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.
  • 08.05.2013
    Federal Trade Commission Issues Revised Guidance on COPPA Rule
    On July 1, 2013 the FTC’s amended COPPA Rule went into effect. On the same day, the commission also released a six-step compliance plan to aid businesses in complying with the new rule. On July 26, the commission issued further guidance on the rule, particularly as it applies to social network plug-ins and ad networks, in the form of updated FAQs.
  • 07.30.2013
    New Self-Regulatory Rules for Mobile Apps: What Your Company Needs to Know
    Even as efforts to achieve industry-wide consensus on Do Not Track appear to be stalling, self-regulatory associations are forging ahead with their own rules governing online and mobile data collection.  On July 24, the Digital Advertising Alliance (DAA) and the Network Advertising Initiative (NAI) each released rules governing the use of data collected through mobile applications.
  • 07.22.2013
    An Uncertain Future for Do Not Track
    On Tuesday, July 16, 2013 the Tracking Protection Working Group of the World Wide Web Consortium (W3C) rejected a proposal put forward by the Digital Advertising Alliance (DAA) to reframe the activity covered by Do Not Track (DNT) signals.
  • 01.28.2010
    Supreme Court Makes Landmark Decision on Political Advertising Funding
    The U.S. Supreme Court issued its decision in Citizens United v. FEC, a case examining the legality of a documentary film released in 2008 about Hillary Clinton’s candidacy for president. In a 5-4 ruling, the court struck down laws banning independent electoral and issue advocacy sponsored by nonprofit and for-profit corporations.