Legal

99 Cents Only Stores announced last week that it had filed for bankruptcy protection in the United States Bankruptcy Court for the District of Delaware, days after it said it was closing all of its 371 locations. Founded in 1982, 99 Cents Only Stores currently operates stores in California, Texas, Arizona and Nevada. Number Holdings, Inc., the parent company…

Visa, Mastercard, and the banks that issue cards with them agreed to pay $30 billion in a lawsuit settlement that was first brought to the courts by merchants in 2005 . In reaching a settlement, Visa and Mastercard agree to lower credit interchange rates and cap those rates into 2030 in the US, according to…

The Federal Trade Commission (“FTC”) is set to release an updated version of its Guides for the Use of Environmental Marketing Claims this year. These “Green Guides” — which haven't been updated in over a decade — do not have the force of law but provide marketers with guidance on how to make properly substantiated…

Joann, the 81-year-old fabric and craft retailer, has filed for bankruptcy as it struggles with customers cutting back on discretionary spending. In a statement released on Monday, the Ohio-based company said it filed for Chapter 11 bankruptcy protection and has secured $132 million in funding with most of its financial stakeholders that helps reduce its…

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…