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 review our new publication released last week.

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On February 10, 2023, an Illinois federal district court ordered the dismissal of a putative class action lawsuit alleging that an online tool that allowed users to virtually try on sunglasses violated the Illinois Biometric Privacy Act.
Continue Reading Court Rules that BIPA Health Care Exemption Applies to Sunglasses Virtual Try-On Tool

On October 18, 2022, the New York State Department of Financial Services announced that EyeMed Vision Care LLC agreed to a $4.5 million settlement for violations of the Cybersecurity Regulation that contributed to the exposure of hundreds of thousands of consumers’ health data in connection with a cybersecurity event in 2020.
Continue Reading NYDFS Fines EyeMed $4.5 Million for Cybersecurity Violations

As reported on the Hunton Employment & Labor Perspectives Blog last week, although the World Health Organization (“WHO”) has declared the coronavirus outbreak a “public health emergency of international concern,” WHO has not yet declared the outbreak as a pandemic. Nevertheless, the emergence of the latest coronavirus is an opportunity for employers, as it reminds them to consider policies and procedures related to pandemic planning.
Continue Reading Coronavirus: A Reminder for Employers Without a Pandemic Plan

Innovation and developments in technology bring both opportunities and challenges for retailers, and Hunton Andrews Kurth has a sophisticated understanding of these issues and how they affect retailers. On January 23, 2020, our cross-disciplinary retail team, composed of over 200 lawyers, released our annual Retail Industry Year in Review.
Continue Reading 2019 Retail Industry Year in Review

On December 5, 2019, the Federal Trade Commission announced a $4.1 million settlement against A.S. Research, the marketer of the dietary supplement Synovia. The Commission alleged that ASR mislead consumers by purporting Synovia could dramatically reduce or cure chronic joint pain, stiffness and swelling caused by arthritis, carpal tunnel syndrome, tennis elbow and muscular atrophy.
Continue Reading FTC Exacts $4.1 Million Settlement from Supplement Marketer over Shaky Arthritis Treatment Claims

Activist investors continue to make liberal use of the SEC’s Rule 14a-8 to submit proposals for inclusion in company proxy statements. One of the most important shareholder trends to emerge from 2018 is the increasing involvement and support of large institutional investors in certain campaigns. Crisis management was one area in particular that institutional investors prioritized and sought disclosure on in 2018.
Continue Reading Recent Trends in Shareholder Proposals

At the end of May, President Trump unveiled his latest proposed budget blueprint for 2018. The proposed budget contains significant funding cuts for many government programs, including more than a 25 percent cut to the Supplemental Nutrition Assistance Program, formerly known as the Food Stamp Program.
Continue Reading Proposed Budget Cut to the Food Stamp Program Worries Many Food Retailers

The Second Circuit recently held that Rite-Aid lawfully fired a long-tenured pharmacist after he refused to comply with the company’s new mandate that pharmacists must administer immunizations. The court’s decision reminds employers what it takes to show that a given function is “essential” and what accommodations are reasonable.
Continue Reading Second Circuit Says Firing Disabled Worker Was Lawful