Advertising & Marketing

FTC Taking Another Look at Online DisclosuresFTC Votes to Issue Revised Endorsement Guides for Public CommentBeware the Wolf in Sheep’s Clothing: FTC Takes Action Against Apparel Retailer Who Bragged He Could Rip Off Consumers by Ripping Out Made in China Tags

Bankruptcy

Courts Begin Interpreting New Due Diligence Requirements for Trustees Before Filing Preference ActionsWith Retail Bankruptcies on the Rise, Opportunities for Distressed M&A IncreaseBankruptcies on Ice: Retailers Obtain Further Extensions of Stay Orders Through the End of May

Class Action

Fitness 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” ClaimsWireless Retailer Faces Conditionally Certified Nationwide Class of Workers with Overtime Claims Despite Official Company Policy Against Off-The-Clock Work

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

Recall Roundup: AprilEPA Draws Link Between Low-Dose Formaldehyde Exposure and CancerCARU Wades Into the Water With “Gotta Go Turdle” Toy – Recommends Better Disclosures for Kids and Adult Supervision in Ads

Corporate Governance

The SEC Proposes a Mandatory Climate Disclosure Regime for Public CompaniesSEC Continues to Advance ESG AgendaSEC Issues Sample Climate Change Comment Letter

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

Coronavirus: A Reminder for Employers Without a Pandemic Plan2019 Retail Industry Year in ReviewFTC Exacts $4.1 Million Settlement from Supplement Marketer over Shaky Arthritis Treatment Claims

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

DOL, NLRB Will Collaborate on Investigations, Share InformationCalifornia Adopts New CDC Guidance Regarding Quarantine and Isolation Periods With Its Own TwistsMassachusetts High Court Rules “ABC” Test Is Inapplicable To Joint Employer Status

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

SEC Proposes Cybersecurity Rules for Public CompaniesSEC Sanctions Public Company for Misleading Disclosures About Data BreachNow Playing at the FTC: MoviePass Data Security Case and ROSCA Settlement

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

New York City Lifts Rules Governing AuctionsFTC Taking Another Look at Online DisclosuresFTC Votes to Issue Revised Endorsement Guides for Public Comment

Technology & E-Commerce

Rising Trend in NFT Litigation Over Popular BrandsFitness App Agrees to Pay $56 Million to Settle Class Action Alleging Dark Pattern PracticesFTC Holds Online Fashion Brand Accountable for Suppressing Negative Reviews, Issues Updated Guidance for Marketers, and Warns Review Platforms