“Buy now, pay later” companies have exploded in popularity over the past year, largely through integration into retailers’ online checkout platforms. Often presented during checkout next to traditional payment methods like credit and debit cards, BNPL companies invite consumers to make purchases over a few payments with zero interest. There are, however, fees for missed payments, late payments, or payments rejected for insufficient funds. Moreover, BNPL offerings may occupy a gray zone apart from typical credit transactions or loans which could exempt them from all sorts of laws and regulations.
Continue Reading Challenges for “Buy Now, Pay Later” Industry May Affect Retailers

Over the past two years, Hunton & Williams has been carefully monitoring the application of Daimler AG v. Bauman in trial and appellate courts throughout the country. To date, very few appellate decisions have analyzed the consent-based theory of general jurisdiction after Daimler. However, in the recent Brown v. Lockheed Martin Corp. opinion, the Second Circuit addressed it head on, and the opinion has important implications for companies in the retail and consumer products industry.
Continue Reading Next Up in Important Decisions Interpreting Daimler: Brown v. Lockheed Martin Corp.

As reported on the Hunton Employment and Labor Law Blog, the United States Supreme Court has denied a restaurant manager’s petition seeking review of whether parties may stipulate to the dismissal with prejudice of a lawsuit alleging violations of the Fair Labor Standards Act (“FLSA”), or whether judicial or Department of Labor (“DOL”) approval is a prerequisite to such a dismissal, as the Second Circuit held in his case, Cheeks v. Freeport Pancake House, Inc. Having declined the petition for writ of certiorari, FLSA lawsuits will remain more difficult to resolve for employers in New York, Connecticut and Vermont.
Continue Reading Supreme Court Denies Review of Second Circuit Decision Compelling Court or DOL Approval of FLSA Settlements

On June 12, 2014, Connecticut Governor Dannel Malloy signed a bill into law that may require retailers to modify their existing Health Insurance Portability and Accountability Act (“HIPAA”) authorizations for pharmacy reward programs. The law, which will become effective on July 1, 2014, obligates retailers to provide consumers with a “plain language summary of the