Category: Litigation

Teavana and Whole Foods: Is the Pendulum Swinging in Favor of Protecting Mall Landlords Against Strategic Tenant Closures?

As mall landlords continue to see substantial tenant vacancies, some landlords have begun to challenge solvent tenants who decide to go dark before the end of their lease. In two important recent cases — Simon Property Group, L.P. v. Starbucks Corporation, Case No. 49D01-1708-PL-032170 (Indiana Superior Court) and Bellevue...
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Supreme Court Says ‘Give Me a ©’ to the Fashion Industry

A recent U.S. Supreme Court copyright decision analyzing cheerleader uniforms may have a profound impact on retailers, and on the fashion industry in particular. On March 22, 2017, the Supreme Court held in Star Athletica, L.L.C. v. Varsity Brands, Inc. that original design elements that are separable from the...
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FACTA Check: Credit and Debit Receipts Can Show Injury-in-Fact

In a series of recent decisions that have important implications for retailers, large and small, federal courts have allowed consumer class actions to proceed against businesses for violation of the Fair and Accurate Credit Transactions Act (“FACTA”) , even where the consumers did not allege actual damages resulting from...
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Retail Litigation Center: A National and Influential Force In Litigation

The Retail Litigation Center (RLC) is a trade organization attached to the Retail Industry Leaders Association (RILA) that describes itself as “the only organization dedicated to advocating the retail industry's perspective in those judicial proceedings that are most important to the retail community.”  Launched by RILA in 2010, the RLC is a...
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Claims about Biodegradable Plastics Breakdown Under FTC Scrutiny: Marketers Beware!

In the recent administrative proceeding before the Federal Trade Commission (FTC) against ECM Biofilms, Inc. (ECM), the FTC’s presiding chief administrative law judge (ALJ) ruled that the plastics additive manufacturer ECM violated the FTC Act by deceptively claiming, and providing others with the means to claim, that plastics treated...
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It’s Time to Give Your Hiring Processes a Check-up. Are They Compliant?

As your prospective employees are brushing up on their interview skills, it’s also a good time to ensure your hiring practices and procedures are in order.  A regular review of employment application processes will keep them up-to-date. Scheduling time with hiring managers and Human Resources to freshen up interviewing...
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The Obligation to Preserve Footage from Surveillance Cameras

Surveillance cameras are everywhere these days, including the retail environment. Surveillance technology allows retailers to monitor their premises more thoroughly than ever , thereby enhancing security. At the same time, however, the increased security comes with legal obligations that are still evolving and may vary depending on the jurisdiction....
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Capitalize on the U.S. Market, But Protect Your Brand

Are your brands and valuable intellectual property adequately protected? Retailers entering into or expanding operations in the U.S. access a consumer base which spends more than four trillion dollars on retail goods annually . There are lucrative opportunities for foreign retailers to introduce fresh and innovative brands to U.S....
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Trouble at the Mall: Retailers Face New Challenges with ADA Compliance

Recently, the United States District Court for the District of Colorado found 248 Hollister brand stores around the country in violation of the Americans with Disabilities Act (“ADA”). These stores used a raised front porch at the store entrance that is inaccessible to people in wheelchairs. The case (Colorado...
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Fake It and You Won't Make It: Putting an End to Online Counterfeiting

In the marketplace for counterfeit goods, online transactions are the new frontier. The ease and reach of the Internet have made it all too easy for devious manufacturers to sell counterfeit merchandise online rather than on the street, perhaps hoping to remain hidden from public view. Therefore, to protect...
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