Earlier this year, New York Governor Kathy Hochul signed S.B. S1048A into law (which we reported about here) requiring sellers that impose credit card surcharges to post the total price, inclusive of the surcharge, on the item. The law is
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The Legislation Enacting Virginia’s New Class Action Statute Should Be Amended to Protect Virginia Businesses From In Terrorem Statutory Damages
Virginia is currently one of just two states, along with Mississippi, without state-court class actions. But in the most recent legislative session, the General Assembly passed Senate Bill 259, which would create a class action mechanism in Virginia state courts. …
New USPTO AI-Assisted Invention Guidance Will Affect Retailers and Consumer Goods Companies
In our client alert, A Brief Explanation of the USPTO’s Useful New AI-Assisted Invention Guidance, we discuss the Inventorship Guidance for AI-assisted Inventions, 89 Fed. Reg. 10043 (Feb. 13, 2024), recently released by the US Patent and Trademark Office (USPTO).…
Does Being “Left to Guess” Establish Standing for Injunctive Relief After TransUnion?
In recent years, consumers filed a spate of class actions claiming that retailers misrepresented the retail price on discounted goods to mislead consumers into thinking they were obtaining a bargain. Many of those cases settled or were dismissed for lack…
Illinois Court Says 7th Circuit Fumbled Illinois Law in BIPA Decision
Companies face significant exposure from privacy related claims. An increasing number of these claims result from efforts at the state level to regulate use of personal data. One key focus is Illinois’ Biometric Information Privacy Act (“BIPA”), but as lawmakers…
2023 Retail Industry Year in Review
Our 2023 Retail Industry Year in Review provides a comprehensive overview of recent developments, issues, and trends impacting retailers, as well as a look ahead at what to expect in 2024. We hope you will take a few minutes to…
More Employees! New Rule Makes It Harder to Classify Workers as Independent Contractors
On January 10, 2024, the US Department of Labor (DOL) issued the “Final Rule” that modifies the standard for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule will…
FTC Announces $2 Million Penalty Against Tractor Maker for False “Made in USA” Product Claims
On January 26, 2024, the FTC announced that it had entered into an agreement with tractor maker Kubota North America Corporation, settling allegations that Kubota falsely labeled some of its replacement parts as “Made in USA” despite manufacturing those parts…
EU Corporate Sustainability Due Diligence Directive Nearly Final
On December 14, 2023, the European Parliament and the European Council reached a provisional deal on the Corporate Sustainability Due Diligence Directive (CS3D). Initially proposed by the European Commission in February of 2022, the CS3D requires certain companies to account…
New York Law Targets Hidden Credit Card Fees
On December 13, 2023, New York Governor Kathy Hochul signed Senate Bill S1048A into law, requiring sellers that impose credit card surcharges to post the total price, inclusive of the surcharge. In addition, the surcharge to customers may not exceed…