Legal

In early September, President Biden and the U.S. Labor Department announced an emergency regulation requiring companies with 100 or more employees to ensure their workforces are either fully vaccinated or test negative for COVID-19 at least once a week. Noncomplying businesses could be fined up to $14,000 per violation, a punitive measure intended to stop the…

In April, the U.S. Supreme Court issued an opinion in a major case pertaining to Facebook that was viewed as favorable to the contact center industry and a blow to the Telephone Consumer Protection Act (TCPA). However, many states began reviewing their own calling guidelines and refining them accordingly. Florida passed an update (SB 1120)…

Saying it would cause "immeasurable" harm to its business, Macy's filed a lawsuit asking a court to prevent a real estate company from allowing Amazon.com to advertise on a billboard connected to the department store's Herald Square location in New York City. The lawsuit, filed in New York State Supreme Court on Friday, said the…

Two leading retail-sector trade groups asked Labor Secretary Marty Walsh to give companies 90 days of “lead time” to implement the forthcoming mandate for COVID-19 vaccination or testing for tens of millions of workers. The emergency temporary standard being developed by the Labor Department’s Occupational Safety and Health Administration (OSHA) will require employers with 100 or more…

On Aug. 16, New York Mayor Bill de Blasio issued Executive Order 225 (the “Order”) and related guidance regarding the “Key to NYC” vaccination requirements for nearly all patrons, employees, interns, volunteers, and contractors entering indoor dining, entertainment, recreation, and fitness settings. Under these requirements, all individuals age 12 or older must show proof that…

Sequential Brands Group, Inc. has filed for Chapter 11 bankruptcy protection, reports Footwear News. The company, which owns Jessica Simpson, Joe’s Jeans, And1, Avia, and more brands, said in a press release that “significant debt on its corporate balance sheet” made it no longer able to operate its portfolio. Sequential is looking to sell all or…

What do the terms Taser, Escalator, and Aspirin have in common? They were once protected marks that have become generic. The term “Tiffany” likely has joined their ranks at least with regards to the name of a particular diamond ring setting. The Second Circuit Court of Appeals recently made clear that Tiffany’s 73 trademarks — many registered in connection with jewelry — will not protect it against others using “Tiffany” when that term has become commonly used to describe a particular six-prong diamond ring setting. Thus, anyone — even a discount retailer like Costco — can use it to describe that particular ring setting.

Retailers have faced tremendous pressure throughout the COVID-19 crisis, as top-line revenue and profits plummeted in many product verticals. Meanwhile, other segments, like essential retail and grocery, experienced overwhelming demand that surpassed operational capacity. At the height of the pandemic, grocery sales hit a record high of $9.3 billion. These retailers had to invest heavily in…

It was no April Fool’s joke when the Massachusetts Department of Revenue (DOR) changed the sales tax compliance requirements on April 1. As part of the Massachusetts Advance Payment Program, two big tax changes went into effect for qualifying retailers: one, the requirement to report sales tax is on an entirely different schedule from the…

Rapper Kayne West filed a lawsuit against Walmart on June 24, alleging that the retailer is knocking off one of his latest shoe designs, Yeezy Foam Runners. According to documents obtained by TMZ, West’s team filed the lawsuit in Los Angeles County Superior Court, citing California’s Unfair Competition Law, which prohibits deceptive business practices. The lawsuit also claims that Walmart…