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|"Sitting Down On The Job" - And Not Just In California|
C. R. Wright; Fisher & Phillips LLP;
September 10, 2012, previously published on September 2012You've probably heard a lot recently about employees of retail stores in California standing up for their right to sit down on the job. A California state law requires store employees to be provided with seating under certain circumstances, and the courts there have been busy interpreting and...
|All That Glitters - Jeweller’s Dual Price Advertising Found to Be Misleading or Deceptive|
Andrew Riordan; Norton Rose Canada LLP;
September 4, 2012, previously published on August 2012The Federal Court of Australia has held that a jewellery company engaged in misleading or deceptive conduct in relation to its dual pricing advertisements.
|Copywright Licensing for Music Played in Small Business|
Jason G. Dykstra; Meuleman Mollerup LLP;
August 28, 2012, previously published by Idaho Business ReviewMany small business owners play background music in their businesses. Many restaurants and bars also feature live music. Whether hosting an “open mic” night featuring local musicians or simply playing the radio, business owners need comply with copyright laws.
|U.S. Supreme Court to Weigh In on Two Important Consumer Law Issues|
Todd P. Stelter; Hinshaw & Culbertson LLP;
August 18, 2012, previously published on August 6, 2012The U.S. Supreme Court has granted certiorari in two important consumer law cases. First is Comcast v. Behrend, Case No. 11-864, which addresses a class representative’s burden to show damages on a class-wide basis when seeking class certification. Argument has been scheduled for November 5,...
|Purchasers of Bankruptcy Claims Beware: "Disabilities" of Purchased Claims Could Limit Your Recovery|
Josef W. Mintz; Blank Rome LLP;
August 15, 2012, previously published on August 2, 2012Recently, a Delaware bankruptcy court denied a purchaser of claims its recovery because of judgments against the original holders of the claims from whom the claims were purchased. The case, In re KB Toys, Inc., et al., 470 B.R. 331 (Bankr. D. Del. 2012), held that section 502(d) of the Bankruptcy...
|Ohio Enacts Law Allowing Charges for Debt Cancellation Products to Be Included in Retail Installment Contracts|
Arthur J. Rotatori; McGlinchey Stafford;
July 30, 2012, previously published on July 24, 2012On May 23, 2012, the Ohio General Assembly passed Ohio Am. Sub. H.B. No. 487. In relevant part, this bill amends the Ohio Retail Installment Sales Act, Ohio Rev. Code §§ 1317.01 through 1317.24. Section 1317.05 of the Revised Code has been amended to expressly allow retail sellers to...
|When Violent Crime Happens on Commercial Premises: A Liability Primer for Owners and Managers|
Kenneth M. Alweis; Goldberg Segalla LLP;
July 30, 2012, previously published on July 27, 2012Just days after last week’s deadly movie theater shooting in Colorado, the first negligence lawsuit was filed against, among others, the owner of the cinema alleging that the theater was negligent in its provision of security. Following the initial shock and concern for the victims and their...
|Retailers Facing Increased Scrutiny by OSHA|
John D. Surma, Collin G. Warren; Adams and Reese LLP;
July 27, 2012, previously published on July 20, 2012Historically, very few retailers - particularly smaller retailers - have considered themselves to be targets of OSHA inspections. These workplaces typically have little to no heavy equipment, they generally do not use a lot of hazardous materials or chemicals, and they do not involve blatantly...
|New Grocery Item Pricing Statute Provides Relief to Retailers|
Brandon L. Bigelow, Beth I.Z. Boland, Daniel S. Savrin, Caitlin M. Snydacker; Bingham McCutchen LLP;
July 27, 2012, previously published on July 25, 2012 Most retailers — whether they sell books, shoes, athletic equipment, or any other non-food item — also stock some food items in the store, typically a rack of snacks or a cooler of beverages near the cash registers. Until recently, if they offered for sale just 10 food items, the...
|Don't Be Left Naked When It Comes To Insurance Coverage|
Steven J. Brower, Jason E. Goldstein, Jeffrey H. Kapor; Buchalter Nemer A Professional Corporation;
July 25, 2012, previously published on July 19, 2012Most businesses, including apparel manufacturers and retailers, pay premiums for insurance. When a claim that is potentially covered arises: do not let your insurance company leave you naked. Insurers and insurance brokers may tell you that a claim is not covered when there really is coverage under...