A new bill in the California Assembly has the potential to alter substantially the existing legal framework of products liability for online retailers.
Continue Reading New California Bill Would Impose Strict Products Liability on All Online Retailers
While there were already a number of high profile retail bankruptcies in 2019, current economic conditions and pandemic-related market challenges have exacerbated an already difficult retail environment, which has led to a significant increase in bankruptcies in 2020.
Continue Reading With Retail Bankruptcies on the Rise, Opportunities for Distressed M&A Increase
On July 23, 2020, U.S. Congresswoman Jan Schakowsky introduced H.R.7756 to require online marketplaces to verify and disclose to consumers certain information regarding high-volume third-party sellers of consumer products. The goal of the bill is to combat the sale of stolen, counterfeit, and dangerous consumer products by requiring transparency of third-party sellers on online retail marketplaces.
Continue Reading Online Marketplaces May Be Required to Verify and Disclose Seller Information
In a 5-4 decision with major implications for e-commerce retailers, the Supreme Court has closed the “online sales tax loophole” by holding that a state may collect sales tax from out-of-state sellers that do not maintain a physical presence in the state.
Continue Reading Supreme Court Decision Closes Online Sales Tax Loophole, Implications for E-Commerce Retailers
This past month, several key recalls were made that affect the retail industry. Check back here each month for our Recall Roundup.
Continue Reading Recall Roundup: October
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 retailer for allegedly selling “unfit, extremely dangerous, and/or defective” solar eclipse glasses. As a result, the consumers allege “varying degrees of eye injury ranging from temporary discomfort to permanent blindness.”
Continue Reading Recall Roundup: September
As consumers celebrated lower avocado prices at Whole Foods during the last week in August, the FTC faced controversy for its decision not to challenge the Amazon/Whole Foods merger.
Continue Reading FTC Allows Amazon/Whole Foods Deal to Go Through, but Not Everyone Agrees
It’s probably painfully obvious to companies in the retail industry and beyond that the old paradigm of the retail shopping center is being permanently altered by e-commerce, as well as changing consumer preferences. As the old-guard stalwarts of retail begin to shutter stores or fold completely, it is up to both landlords and existing anchor
Recently, the Santa Barbara City Council, in an effort to combat the retail malaise on State Street in Downtown Santa Barbara, has approved a pilot program that would streamline the permit and review process for potential commercial tenants.
Continue Reading Santa Barbara City Council Strikes Back Against Retail Malaise
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 An Unwelcome Delivery: Excessive S&H Fee Claims in Consumer Class Actions