Tag Archives: Litigation

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 discussed 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 retailer … 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

Supreme Court Again Tightens Jurisdictional Requirements for Claims Against Out-of-State Defendants

On June 19, 2017, the U.S. Supreme Court announced important constitutional limitations on state courts’ ability to exercise specific jurisdiction over nonresidents’ claims against out-of-state defendants. The Court’s nearly unanimous decision in Bristol-Myers v. Superior Court has potentially far-reaching implications for companies facing claims brought by nonresident and resident plaintiffs in states in which those companies are neither incorporated nor maintain their principal place of business.… Continue Reading

ALJ Says Company’s Neutral Reference and Press Inquiry Policies Violate NLRA

A recent decision by an administrative law judge concerning the policies in the employee handbook of a nonunion real estate management company, takes an expansive view of what constitutes "concerted activity" under the NLRA and which employer policies could be interpreted to obstruct employees’ right to engage in concerted activity. … Continue Reading

Global Ransomware Attacks Raise Key Legal Considerations

On May 12, 2017, a massive ransomware attack, known as “WannaCry,” began affecting tens of thousands of computer systems in over 100 countries. These types of incidents can have significant legal implications for affected entities and industries for whom data access and continuity is critical. As affected entities work to understand and respond to the threat of ransomware, we address some of the key legal considerations.… Continue Reading

Eleventh Circuit Finds Restraint on Product Labeling Violation of First Amendment

Recently, in a case that should remind retailers and their suppliers to consider their First Amendment rights as they relate to the regulation of product labeling, the Eleventh Circuit Court of Appeals held that the actions of the Florida Commissioner of Agriculture and the Chief of the Florida Bureau of Dairy Industry violated a dairy company’s First Amendment rights relating to use of the term “skim milk.”… Continue Reading
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