Legal

Uncovering the Factors Changing the Face of Retail, Part 1
April 3, 2020 at 12:25 pm

The retail industry is changing, fast. Over the past decade, we've seen this sector move to a primarily online function and innovate to meet the needs of an ever-shifting assortment of consumers. In fact, 2019 showed great progress for e-commerce to close the gap in total market share of sales compared to brick-and-mortar retail. Furthermore,…

What Changes to the FLSA Exemption Salary Threshold Mean for Retailers
March 27, 2020 at 10:38 am

On Sept. 24, 2019, the U.S. Department of Labor (DOL) announced a final rule to revise Fair Labor Standards Act (FLSA) regulations (29 CFR 541 et seq.) to modify the criteria to be classified as exempt from the FLSA (“2019 Rules”). The most notable change in the 2019 Rules is an increase to the minimum…

The U.S. Turns to Tax for COVID-19 Economic Relief
March 20, 2020 at 2:35 pm

As the coronavirus (COVID-19) continues to spread globally, governments worldwide are trying to figure out the best way to bolster the slowing economy. To date, most countries across Asia, including China, Japan, South Korea, and more, are implementing value-added tax (VAT) cuts and tax relief on specific industries and products. Beyond Asia, we're also seeing…

Why the 2020 Holiday Season Will Look Drastically Different for Retailers
March 16, 2020 at 12:29 pm

On Jan. 1, 2020, the world as marketers in the United States previously knew it changed drastically. The California Consumer Privacy Act (CCPA) went live, and with it significant restrictions were suddenly placed on marketers and marketing technology vendors, specifically those that collect, use and/or sell consumer data. The road to gathering marketing data suddenly…

Retailers Targeted by Serial Plaintiffs for Failing to Offer Braille Gift Cards
March 9, 2020 at 12:52 pm

In recent years, many retailers have made significant efforts to ensure that their physical locations, websites, and mobile applications are accessible to customers with disabilities in compliance with Title III of the Americans with Disabilities Act (“ADA”).  However, retailers now may have another accessibility issue to address: gift cards.  Recently, visually impaired plaintiffs filed over…

Hudson's Bay Co. to Be Taken Private
March 2, 2020 at 4:00 pm

Hudson’s Bay Co. (HBC) said last week that it won shareholders’ approval to become a private company owned by the group of continuing shareholders led by HBC Governor and Executive Chairman Richard Baker. Other shareholders will get CA$11 ($8.23) per share in cash in the deal, which is subject to customary closing conditions, including court approval.…

Pier 1 Imports Files for Bankruptcy, Seeks Buyer
February 18, 2020 at 9:42 am

Pier I Imports has filed for Chapter 11 bankruptcy and said it already has the approval of its lenders to pursue a sale of the company. The home furnishings retailer is in the process of closing up to 450 stores, including all of its stores in Canada. Pier 1 has received about $256 million in debtor-in-possession financing…

What the University of California Case Means for Retailers and IP in the Supply Chain
February 13, 2020 at 9:59 am

In July 2019, the University of California sued Amazon.com, Walmart, Target and other major retailers for patent infringement related to “filament” LED lightbulbs. Not only is the university seeking damages, but it has also asked the U.S. International Trade Commission (ITC) to investigate the retailers’ conduct. While the case is currently on hold pending the…

DHS Cracks Down on Counterfeit Goods Sold on Amazon, Other Marketplaces
January 28, 2020 at 9:42 am

The Trump administration is cracking down on the sale of counterfeit products online from platforms like Amazon.com, according to a new report released Friday by the Department of Homeland Security (DHS). Law enforcement officials will immediately start to identify cases where counterfeit goods are being sold online, according to the report, and will “pursue civil fines and other…

Retail Outlook 2020: Privacy Gets Real
January 27, 2020 at 12:46 pm

As brands turn to automated intelligence to meet expectations for great customer experiences, new restrictions are being placed on the data collected to inform those experiences. On Jan. 1, California enacted the nation’s strictest data privacy law, following on the heels of Vermont, which has been regulating online data brokers since January 2019. In Europe,…