Legal

Stop Using My Trademark, Part 1: The Cease and Desist Letter
February 21, 2024 at 10:24 am

If you've become aware of someone using your trademark, should you send them a cease and desist letter? In a developing trend towards litigation, trademark attorneys have recently been foregoing the use of cease and desist letters previously considered routine. Instead, as their opening move to enforce a client’s trademark rights, they often immediately file…

Retail Industry Hit by New Labor Relations Rules
February 6, 2024 at 8:54 am

In February, the National Labor Relations Board’s (NLRB) newest guidance for addressing joint employer status will go into effect, and the impact on the retail sector could be significant. In situations where there's a parent company that sets standards — e.g., related to working conditions or parameters around the quality of work — left to…

3 Regulatory Trends That Will Define Retail Background Checks in 2024
February 6, 2024 at 8:53 am

Running background checks has never been straightforward in the retail industry, and 2024 will be no exception. Employers nationwide will continue to face an ever-changing landscape of laws and regulations that will require both vigilance and foresight to navigate with confidence. Proceeding without attentiveness and care is likely to result in complications for even the…

Hershey Being Sued for Alleged 'False Advertising' on Reese's Candy
January 3, 2024 at 2:12 pm

A woman in Florida is suing the candy giant Hershey, alleging that the Pennsylvania-based company misled consumers with the packaging on a Halloween-themed Reese's candy. The lawsuit, filed by Cynthia Kelly on Dec. 28, claims that Hershey engaged in "false and deceptive advertising" when it advertised an image of a chocolate peanut butter pumpkin with…

Zulily to Shut Down Following Layoffs, Months Into New Ownership
January 2, 2024 at 3:32 pm

Online retailer Zulily is shutting down, reports CNBC. The business ceased operations on Fri., Dec. 22, 2023. In a note on the company’s homepage, an official said Zulily’s leadership had “made the difficult but necessary decision to conduct an orderly wind-down of the business to maximize value for the companies’ creditors” by entering an assignment…

Publix Lawsuit Highlights Risks Mobile Communications Can Present and Lessons for Retailers
December 20, 2023 at 12:23 pm

As workplaces increasingly rely on the use of cellphones and other communication tools both during and outside the workday, employers face increased risks of wage-hour litigation. For example, three former Publix assistant managers recently brought a collective action against the grocery store chain alleging violations of the Fair Labor Standards Act (FLSA), which is the…

In Lawsuit, Temu Accuses Rival Shein of ‘Mafia-Style’ Tactics
December 18, 2023 at 5:14 pm

Temu, the popular low-cost online marketplace, is suing fast-fashion brand Shein over using “mafia-style” methods to lower competition, according to a lawsuit filed Dec. 13 in the U.S. District Court of the District of Columbia. The suit was filed by WhaleCo, Temu's U.S.-based parent company, alleging that Shein has intimidated Temu employees and suppliers and…

Old Navy's AI Chatbot Faces Illegal Wiretapping Lawsuit
December 5, 2023 at 4:21 pm

Old Navy is facing a lawsuit in the Central District of California alleging that its artificial intelligence chatbot participates in illegal wiretapping by logging, recording and storing conversations, reports CNBC. The plaintiff’s filing argues that the chatbot “convincingly impersonates an actual human that encourages consumers to share their personal information.” In the filing, the plaintiff…

SHEIN Reportedly Files for IPO
November 29, 2023 at 12:32 pm

Multiple news outlets have reported that the fast-fashion, low-cost, China-based clothing retailer SHEIN has filed for an IPO after months of rumors surrounding such a move. CNBC reported that the e-commerce company could start trading on the public markets in 2024. SHEIN was last valued at $66 billion, and Bloomberg reported that SHEIN told investors last…

Starbucks Workers File Labor Complaints, Union Goes on Strike
November 16, 2023 at 9:56 am

Starbucks workers in New York City have filed 32 more complaints alleging that the coffee giant violated the city’s labor laws. New York’s Fair Workweek law says that employers have to give their workers regular schedules from week to week, 14 days notice of their scheduled hours and extra pay for shift changes, among other…