Tag Archives: Litigation

Hunton Publishes Retail Year in Review

On January 18, 2018, Hunton’s retail industry lawyers released their annual Retail Year in Review publication. Continue reading for access to the entire publication. … Continue Reading

Ninth Circuit Clears the Way for Surcharges on Credit Card Payments in California

On January 3, 2018, the Ninth Circuit found unconstitutional a California law barring retailers from imposing surcharges on customers using credit cards. The ruling has important implications for retailers operating in California and potentially for retailers operating in several other states with similar bans on credit card surcharges. … Continue Reading

Seventh Circuit Rejects Extended Leave as Reasonable Accommodation Under ADA

Employers in the retail sector are constantly faced with the balancing act of relying on their workforce to operate a profitable business while also managing employees who are unable to work at full capacity due to an illness or disability. The US Court of Appeals for the Seventh Circuit recently issued an opinion shedding some light on when leave constitutes reasonable accommodation under the ADA. … Continue Reading

Recall Roundup: September

Last month, the solar eclipse captivated the United States and many consumers flocked to purchase solar eclipse glasses to safely observe the astronomical phenomenon. We previously reported how NASA issued a safety alert advising consumers on the proper eye protection they should seek. Now, some consumers have filed a class action lawsuit against a major online … Continue Reading

Creditors’ Committee in H.H. Gregg Initiates Preference Demands and Litigation Against Creditors

H.H. Gregg, which took over many of the retail spaces previously occupied by Circuit City, is one of many big-box retailers that have sought Chapter 11 bankruptcy over the past several years. Like Circuit City, H.H. Gregg was unsuccessful in reorganizing in bankruptcy and is now seeking to recover payments made to vendors and other creditors within 90 days prior to the bankruptcy filing. … Continue Reading

California’s Appliance Efficiency Standards and the Cost of Non-Compliance

It is no secret that California has had appliance efficiency standards in place for some time now. And it is no secret that the California Energy Commission has been responsible for crafting those standards. According to the CEC and the California State Legislature, however, compliance with those standards has been hit-or-miss. Continue reading to see what retailers can do to ensure compliance. … Continue Reading

FTC Continues Crackdown on Misleading Online Marketing Tactics

On August 7, 2017, the FTC announced that it obtained a court order temporarily halting an online marketing scheme that deceptively lured shoppers into expensive negative option plans. The FTC alleged that defendants used initial low-cost trial offers to hook consumers into expensive monthly shipments without properly disclosing the terms and conditions of the deal or properly obtaining their consent.… Continue Reading

Privacy and Data Security Risks in M&A Transactions: Video Series

In a video roundtable series, Hunton & Williams LLP partners Lisa J. Sotto and Steven M. Haas and special counsel Allen C. Goolsby, along with Stroz Friedberg’s co-president Eric M. Friedberg and Lee Pacchia of Mimesis Law, discuss the special consideration that should be given to privacy and cybersecurity risks in corporate transactions. This blog post contains links to the first two segments of the videos. … Continue Reading

Recall Roundup: July

On July 26, 2017, an amusement ride named “Fire Ball” at the Ohio State Fair broke apart, killing one passenger and injuring seven others. This deadly incident may trigger a CPSC investigation into the matter. Prior to 1981, the CPSC exercised jurisdiction over all amusement rides. But after several high-profile cases challenged the CPSC’s jurisdiction … Continue Reading

An Unwelcome Delivery: Excessive S&H Fee Claims in Consumer Class Actions

Over the past few months, a new trend has emerged that has ramifications for virtually every participant in the online retail space: a rise in the number of class action claims challenging allegedly excessive shipping and handling fees. Regardless whether an online retailer offers flat or incremental fees, standard and expedited options, or free shipping with returns-only fees, few are immune from claims that the fees charged do not align perfectly with retailers’ underlying shipping costs. … Continue Reading

The CFPB’s Arbitration Rule: A Summary of the Rule, its Requirements, Potential Legal Challenges, and What Companies Should Do

On July 10, 2017, in a 775-page release, the Consumer Financial Protection Bureau (“CFPB”) issued its long-awaited final arbitration rule (“Arbitration Rule”) pertaining to consumer finance contracts. The Arbitration Rule, which until now was in the comment stage with its final issuance in question, largely mirrors the proposed rule from May 2016, with a few … Continue Reading

Putative Data Breach Class Action Dismissed for the Third Time

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
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