On March 4, 2019, the United States Supreme Court held unanimously that “a copyright claimant may commence an infringement suit … when the Copyright Office registers a copyright.” Fourth Estate Public Benefit Corp. v. Wallstreet.com, LLC. (Slip. Op. at p.
Retail Trend Spotter
An Inside Look at the Legal Issues Impacting Retail, E-commerce, Fashion & Beauty
Retail Trend Spotter, published by Sheppard, Mullin, Richter & Hampton LLP, focuses on legal developments and regulatory changes impacting the retail industry. The blog covers topics such as trade policies and tariffs affecting importers, environmental regulations like PFAS reporting requirements, consumer protection laws including confidentiality clauses in settlements, workplace safety mandates for retail employers, and significant judicial decisions influencing administrative law and regulatory authority. It provides insights on compliance strategies, legislative updates, and risk management tailored to retailers, manufacturers, and related businesses navigating complex legal landscapes.
Latest from Retail Trend Spotter - Page 11
FTC Swats Public Relations Firm and Publisher for Misleading Olympic-Themed Mosquito Repellant Product Endorsements and Native Advertisements
By Ted Max
On November 20, 2018, the United States Federal Trade Commission (“FTC”) proposed two FTC consent orders against two Georgia-based companies, Creaxion Corporation (“Creaxion”) and Inside Publications, LLC (“Inside”) and their principals[1] concerning the promotion and advertising of Health Pro…
New York Federal Court Dismisses Nationwide Class Action Arising Out of Alleged Spying by E-Commerce Retailers
By Kari Rollins
In a victory for online retailers, a New York federal court recently dismissed three putative class action lawsuits brought on behalf of website visitors whose mouse clicks, keystrokes, and electronic communications were tracked by a third-party marketing company. The cases…
New York State Employers Take Note!!! Compliance With New Sexual Harassment Law Required By October 9, 2018
As described in a previous blog post, New York’s 2019 Budget created significant new responsibilities for employers in the state with respect to sexual harassment prevention. As of October 9, 2018, all employers in New York State are required…
Kim Kardashian West Won the First CFDA Influencer Award: Will A CGI Supermodel Be Next?
By Ted Max
It is no secret that the world of fashion is full of surprises. On Monday, June 4, 2018, Kim Kardashian West won the Council of Fashion Designer of America (“CFDA”) first-time Influencer Award and commented: “I’m kind of shocked I’m…
Monumental Shift in Sales Tax Collection Requirements for Remote Retailers
On June 21, 2018, the United States Supreme Court issued its decision in South Dakota v. Wayfair, Inc., overturning a 26 year-old decision holding that a retailer must have a physical presence in a state in order to have a…
The Dynamex Decision: The California Supreme Court Restricts Use of Independent Contractors
By Timothy Kim
On Monday, April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles. In a voluminous, 82-page decision, the California Supreme Court reinterpreted and ultimately…
#MeToo Mobilizes State Legislatures, Creates New Training Obligations For Employers
On April 12, 2018, Governor Andrew Cuomo signed the 2019 budget for the State of New York (the “Budget”) which dramatically changed the landscape of obligations which New York employers are to their employees. Beyond allocating financial resources, the Budget…
Under the Radar Changes to Proposition 65 – OEHHA Issues New “Guidance” For Web Purchases (Is it an Illegal “Underground Regulation”?)
If your products are sold online or you operate a website with sales to consumers in California, these changes will impact whether you can obtain “safe harbor” protection under Prop 65.
Over a year after adopting new regulations—which were crafted…
Importers Beware: 10 Things You Must Know About the Emergence of High-Stakes Customs Audits
U.S. importers are seeing an increase in enforcement activity by U.S. Customs and Border Protection. Here are the ten things you must know about this trend.…