Advertising & Marketing

FTC Exploring Rule to Crack Down on Deceptive and Fake Consumer ReviewsKim Kardashian Ordered to Pay Over $1.26 Million for Securities Violation Arising Out of Crypto EndorsementFTC Brings Action Against Company Calling its Chinese-Produced Mattress Pads “Made-in-America”

Bankruptcy

Inflation + Customer/Vendor Contracts = Bankruptcy?Courts Begin Interpreting New Due Diligence Requirements for Trustees Before Filing Preference ActionsWith Retail Bankruptcies on the Rise, Opportunities for Distressed M&A Increase

Class Action

Class Action Lawsuits Continue Targeting Companies For Tracking Users’ Website ActivityFitness App Agrees to Pay $56 Million to Settle Class Action Alleging Dark Pattern PracticesSecond Circuit Affirms Dismissal of Data Breach Class Action on Article III Standing Grounds, Citing Unanimity of Circuits on “Increased Risk” Claims

Competition/Antitrust

SCOTUS Considers Effect of Carve-Out Provision in Arbitration Agreement2019 Retail Industry Year in ReviewHunton Andrews Kurth Publishes 2018 Retail Industry Year in Review

Consumer Protection

FTC Exploring Rule to Crack Down on Deceptive and Fake Consumer ReviewsNYDFS Fines EyeMed $4.5 Million for Cybersecurity ViolationsKim Kardashian Ordered to Pay Over $1.26 Million for Securities Violation Arising Out of Crypto Endorsement

Corporate Governance

Absorbing and Reacting to the SEC’s New Clawback RulesThe SEC Proposes a Mandatory Climate Disclosure Regime for Public CompaniesSEC Continues to Advance ESG Agenda

Environmental

EPA Draws Link Between Low-Dose Formaldehyde Exposure and CancerFTC Uses Civil Penalty Authority in Rayon-as-Bamboo CasesThe SEC Proposes a Mandatory Climate Disclosure Regime for Public Companies

General

2020 Retail Industry Year in ReviewIt's a Privilege, Not a Right: Best Practices for the In-House LawyerReading the Leaves: Financing Trends in the Cannabis Industry

Health Care

NYDFS Fines EyeMed $4.5 Million for Cybersecurity ViolationsCoronavirus: A Reminder for Employers Without a Pandemic Plan2019 Retail Industry Year in Review

Insurance

Recall Roundup: AprilBefore and After the Storm: Know Your Insurance Rights, Coverages and ObligationsRecall Roundup: May

IP

Registers of the Lost Ark Bag Appeal: Cult Gaia’s Unsuccessful Trade Dress ApplicationIP in the Metaverse: An Overview for Retailers in a New LandscapeForum Shopping: How A Retailer’s Patent-Related Communications May Impact Jurisdiction

Labor & Employment

California Court of Appeal Narrows Reach of ADA and Unruh Civil Rights Act as They Apply to Ecommerce BusinessesDOL, NLRB Will Collaborate on Investigations, Share InformationCalifornia Adopts New CDC Guidance Regarding Quarantine and Isolation Periods With Its Own Twists

Mergers & Acquisitions

ESG Considerations in M&AIPO Boom Expected to Continue into 2021US M&A Outlook for 2021 Appears Positive, Driven in Part by SPACs

Privacy & Cybersecurity

Class Action Lawsuits Continue Targeting Companies For Tracking Users’ Website ActivityNYDFS Fines EyeMed $4.5 Million for Cybersecurity ViolationsChildren’s Advertising Rules Apply in the Metaverse Too, CARU Says.

Product Liability

United States Supreme Court to Weigh in on Consent-by-Registration Theory of Personal JurisdictionNew California Bill Would Impose Strict Products Liability on All Online RetailersRecall Roundup: March 2020

Real Estate

Medtail: Just what the Doctor Ordered?Automation and Logistics: Real Estate ConsiderationsDelta Directives: Retailers Consider Mask and Vaccine Mandates

Regulatory

Absorbing and Reacting to the SEC’s New Clawback RulesFTC Exploring Rule to Crack Down on Deceptive and Fake Consumer ReviewsNYDFS Fines EyeMed $4.5 Million for Cybersecurity Violations

Technology & E-Commerce

Retailers Have No Room to Manipulate Reviews: FTC and States Sue Rental Listing Platform Roomster for Bogus ListingsRising Trend in NFT Litigation Over Popular BrandsFitness App Agrees to Pay $56 Million to Settle Class Action Alleging Dark Pattern Practices