Legal

Navigating the data privacy landscape these days can be daunting, particularly with the continual emergence of new state and federal regulations. We now have 13 state laws signed, and many others to come online in the next year, not to mention sector-specific laws. These have led to hundreds of lawsuits and enforcement actions. Given that…

In 2023, the Biden National Labor Relations Board (NLRB or Board) and its General Counsel Jennifer Abruzzo continued implementing a highly pro-labor agenda that has significantly changed the union and labor landscape for retail employers. In addition, Abruzzo and the Board’s regional directors are imposing and enforcing aggressively some of their most controversial new measures…

This article is the second in a two-part series identifying potential benefits and drawbacks to consider when deciding whether to use a cease and desist (C&D) letter in an overall trademark enforcement strategy. In the first installment, we introduced C&D letters and their potential benefits. Here, we discuss the potential drawbacks of using trademark C&D…

The U.S. Federal Trade Commission (FTC) said Monday it would try to block the merger of two large grocery chains, Kroger and Albertsons, saying it would result in higher prices and lower wages for workers. If successful, the merger would be the largest for supermarkets in history, according to a press release from the FTC.…

If you've become aware of someone using your trademark, should you send them a cease and desist letter? In a developing trend towards litigation, trademark attorneys have recently been foregoing the use of cease and desist letters previously considered routine. Instead, as their opening move to enforce a client’s trademark rights, they often immediately file…

In February, the National Labor Relations Board’s (NLRB) newest guidance for addressing joint employer status will go into effect, and the impact on the retail sector could be significant. In situations where there's a parent company that sets standards — e.g., related to working conditions or parameters around the quality of work — left to…

Running background checks has never been straightforward in the retail industry, and 2024 will be no exception. Employers nationwide will continue to face an ever-changing landscape of laws and regulations that will require both vigilance and foresight to navigate with confidence. Proceeding without attentiveness and care is likely to result in complications for even the…

A woman in Florida is suing the candy giant Hershey, alleging that the Pennsylvania-based company misled consumers with the packaging on a Halloween-themed Reese's candy. The lawsuit, filed by Cynthia Kelly on Dec. 28, claims that Hershey engaged in "false and deceptive advertising" when it advertised an image of a chocolate peanut butter pumpkin with…

Online retailer Zulily is shutting down, reports CNBC. The business ceased operations on Fri., Dec. 22, 2023. In a note on the company’s homepage, an official said Zulily’s leadership had “made the difficult but necessary decision to conduct an orderly wind-down of the business to maximize value for the companies’ creditors” by entering an assignment…

As workplaces increasingly rely on the use of cellphones and other communication tools both during and outside the workday, employers face increased risks of wage-hour litigation. For example, three former Publix assistant managers recently brought a collective action against the grocery store chain alleging violations of the Fair Labor Standards Act (FLSA), which is the…