Breach of Contract

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On June 13, 2017, Judge Andrea R. Wood of the Northern District of Illinois dismissed with prejudice a putative consumer class action filed against Barnes and Noble. The case was first filed after Barnes and Noble’s September 2012 announcement that skimmers had tampered with PIN pad terminals in 63 of its stores and exposed payment card information.
Continue Reading Putative Data Breach Class Action Dismissed for the Third Time

Benchmarking studies performed by outside consultants are an increasingly common way for retailers to gain insight into how their contracts stack up against others in the industry. Hiring a consultant to review your vendor contracts for benchmarking purposes could, however, expose you to risks. Before you undertake an engagement that requires sharing any information with a third party, you should understand and manage the potential risk.
Continue Reading Sharing Business Contracts with a Benchmarking Consultant? You Might Be Breaching Vendor Agreements

Recently, the Fourth Circuit affirmed a jury award in favor of retailer Lord & Taylor for lost profits in connection with a breach of its reciprocal easement agreement with D.C.-area mall owner White Flint, LP. The court found White Flint’s efforts to redevelop the regional mall into a mixed-use project violated the terms of the REA, which can often be an obstacle to redevelopment plans. …
Continue Reading Why Retail Developers and Tenants Should Reconsider the Use of Detailed REAs

In a June 1, 2016 decision, the Second Circuit Court of Appeals reminded retailers and product manufacturers to look to their insurance coverages when defending against consumer class actions. The Second Circuit required CNA Financial Corporation to defend E. Mishan & Sons, Inc. – best known for its “As Seen on TV” products – in two class actions alleging a conspiracy to trap customers into recurring credit card charges and that Emson sold private consumer information that it obtained through its product sales.
Continue Reading “As Seen on TV” — Insurer Must Defend Well Known Television Marketer in Data Privacy Suit

Companies across all industries, including retail, are seeing a significant uptick in software audits and similar software license compliance reviews. These audits can disrupt the day-to-day operations of even the most efficient IT departments. However, there are ways to limit exposure to such costly software audits and the associated risks, and to even prevent them from occurring in the first place. …
Continue Reading Retail Industry Seeing Significant Increase in Software Audits