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|The Importance of Having Camera Evidence of a Slip and Fall Accident|
Bruce Robert Millar; Millar & Mixon. LLC;
September 16, 2016, previously published on September 2016Retail businesses in our day still neglect to warn customers about wet surfaces on their premises, resulting in customers slipping, falling, and get getting injured. Proving neglect in any slip and fall accident requires evidence. Video evidence is the most important.
|Does Your Warranty Comply with Federal Law?|
Michael C. Zahrt; Foster, Swift, Collins & Smith, P.C.;
September 11, 2016, previously published on August 26, 2016This is the second installment of the three-part series discussing warranties. Part 1 addressed implied warranties that could apply to your products whether you offer them or not. In Part 2, we address the impact of federal law on warranties you specifically offer your customers.
|Eddie Bauer Latest Victim of POS Malware Attack|
Michael Katz, Cynthia J. Larose; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 1, 2016, previously published on August 23, 2016Last week the clothing retailer Eddie Bauer LLC issued a press release to announce that its point of sale (“POS”) system at retail stores was compromised by malware for more than six months earlier this year. The communication provided few details but did specify that the malware...
|Worried about a Sears Insolvency? Here are 5 Lessons from the Target Canada Insolvency for Landlords to Remember|
David Ullman; Blaney McMurtry LLP;
June 16, 2016, previously published on May 18, 2016Unfortunately for the Landlord community in Canada’s retail space, the flood of retail insolvencies is likely not over. In addition to open speculation about Sears, 2016 has already seen the insolvency of major Canadian retail locations previously occupied by Danier Leather, Aeropostale, PJ...
|Retailers Share Struggles and Strategies in Preparing for Overtime Changes|
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
May 27, 2016, previously published on May 3, 2016The proposed changes to the Fair Labor Standards Act’s (FLSA) overtime rules were a hot topic on the minds of retailers at the National Retail Federation’s Committee on Employment Law meeting, which was held on April 21-22, 2016. At the conference, Elizabeth S. Washko, Office Managing...
|Amendments To Registered Interests: Who Comes Out On Top?|
Stephen Livergant, Brittany Weikum; McCarthy Tétrault LLP;
March 4, 2015, previously published on February 26, 2015To what extent can a subsequent lender rely on the explicit terms of prior registered interests? The recent decision by the Alberta Court of Queen’s Bench, CareVest Capital Inc. v 1336868 Alberta Ltd, 2015 ABQB 94, considered that very issue.
|The Missouri Supreme Court upholds another pre-activity waiver, but factually-supported allegations of recklessness might defeat such waivers in other cases.|
Peter B. Hoffman; Baker Sterchi Cowden & Rice, L.L.C.;
February 18, 2015, previously published on December 29, 2014 The Missouri Supreme Court recently issued a new opinion which has significance to both proper summary judgment procedure and whether or not a pre-activity waiver of negligence is enforceable in the face of allegations of gross negligence or recklessness.
|OFAC Authorizes U.S. Persons to Wind Down Activities in Crimea|
Sandra K. Jorgensen, Renee A. Latour, Julia Sorrentino; Greenberg Traurig, LLP;
February 16, 2015, previously published on December 31, 2014On Dec. 30, 2014, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued Ukraine-related General License No. 5 authorizing U.S. persons to engage in activities ordinarily incident and necessary to winding down U.S. person activity with or in the Crimea region of...
|Ivory Ban’s Effects on Collectors, Museums, Musicians and the Art Trade|
Kevin P. Ray; Greenberg Traurig, LLP;
February 13, 2015, previously published on December 2, 2014Earlier this year, in response to concerns that poaching of African elephants is rapidly driving the species to extinction, the U.S. federal government tightened restrictions on the import, export, transfer, and sale of African elephant ivory and rhinoceros horn. The revised restrictions...
|Qualifying for the Antique Exception to the Ivory Ban|
Kevin P. Ray; Greenberg Traurig, LLP;
February 13, 2015, previously published on December 2, 2014Before the new rule went into effect, objects at least 100 years old that are either made of African elephant ivory or included ivory components were exempt from the general Endangered Species Act (ESA) and Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)...