On June 26, the Federal Trade Commission announced a proposed consent order resolving allegations against a group of leather and other clothing accessory companies regarding Made in USA claims in online and print materials and qualified Made in USA claims on product labels. Read on for details about this enforcement action and key takeaways for
Latest from One-Stop Shop
CIPA: An Old Statute Provides a New Frontier for Serial Filing Plaintiffs Against Retailers with Online Chat Services
Introduction
If you have ever telephoned a customer support hotline to be greeted with an explanation that “this call may be monitored for quality assurance,” you are familiar with the implications of various state laws governing the recording of telephone conversations. Most states have cold-war era wiretapping laws, with some states providing for two-party consent,
Supreme Court Rules that District Courts Must Stay Proceedings Pending Interlocutory Appeals of Denials of Motions to Compel Arbitration
On June 23, 2023, the Supreme Court issued a decision in Coinbase, Inc. v. Bielski, No. 22-105, 2023 WL 4138983 (U.S. June 23, 2023), that will provide further protection for parties seeking arbitration. The issue presented to the Court was whether a district court must stay its proceedings while an interlocutory appeal on the question
Three McGuireWoods Partners Named ‘Influencers in Retail’ by ALM’s GlobeSt.
GlobeSt. Real Estate Forum, an American Lawyer Media publication, has selected McGuireWoods partners Greg Riegle, Chris Thanner and John Visconsi as 2023 Globe St. Influencers in Retail Real Estate. The honorees, all members of the firm’s Real Estate & Land Use Department, were profiled in a May 1, 2023, story.
A Primer on Mass Arbitration
In response to a wave of Supreme Court decisions affirming the enforceability of class action waivers in arbitration agreements, plaintiffs’ firms began using the arbitration agreement’s language (and/or the arbitration provider’s rules) requiring that the entity pay virtually all the fees and costs associated with arbitration against the entities that drafted them through a process
The Price Isn’t Right?
In recent months, retailers have faced increased pressure from litigation related to their sales practices. While there is overlap, sales practices litigation can fall into four different buckets: pricing, data collection, auto-renewal, and “free” lawsuits. This post focuses on trends in recently filed pricing litigation.
U.S. Supreme Court Clarifies Salary Basis Requirement for Executive Exemption – Maybe?
On February 23, 2023, the Supreme Court of the United States ruled in Helix Energy Solutions Group, Inc. v. Hewitt, that even highly compensated individuals are subject to the overtime requirements of the FLSA unless they are paid on a salary basis. Below are details of this ruling and the impact it may have on
FTC MUSA Labeling Rule Enforcement
The Federal Trade Commission (FTC) issued its Made in USA Labeling Rule on August 13, 2021 (the “Rule”), which has led to significantly increased enforcement in the area. Since then, the FTC has taken actions to enforce the Rule against certain companies. Below is background on the Rule itself, links to enforcement actions taken by
Supply Chain and Logistics 101 for Retailers and Consumer Brands
In the wake of the COVID-19 pandemic, the supply chain crisis has evolved into a contentious issue that has captured the attention of both consumers and retail businesses. Specifically, there has been a significant emphasis on challenges related to international ocean transportation. Within the supply chain, ocean container transport plays a crucial role for retailers
Event Replay: Food and Product Labeling and Sale Practices Litigation and Regulatory Update – March Radness Edition
In case you missed our March 23 webinar on regulatory and litigation developments facing the product manufacturing, food and beverage, and retail industries, a recording of the webinar and a copy of the presentation materials are now available.
If you are interested in learning more about any of the related topics covered during the