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HTMLCalifornia: Governor Signs Retroactive Tax Relief for Sale of Qualified Small Business Stock
McDonald Hopkins LLC;
Legal Alert/Article
October 28, 2013, previously published on October 24, 2013
Entrepreneurs who invested in California small businesses can breathe a sigh of relief because Governor Jerry Brown signed legislation (A.B. 1412) which fully relieves such investors from retroactive tax assessments from the sale of Qualified Small Business Stock (QSBS) between tax years 2008 and...


HTMLThink Twice Before You Dial: New FCC TCPA Rules Went into Effect Yesterday
Edwards Wildman Palmer LLP;
Legal Alert/Article
October 17, 2013, previously published on October 17, 2013
Companies engaged in text marketing campaigns, as well as traditional telemarketers, should take note that today, October 16th, marks the implementation of new FCC rules with respect to the Telephone Consumer Protection Act (TCPA). The stated goal is to bring the FCC’s rules with respect to...


HTMLRecent Upsurge of Massachusetts Class Actions on Merchant Zip Code Collection
Brian J. Green, Sander A. Rikleen, Mark E. Schreiber; Edwards Wildman Palmer LLP;
Legal Alert/Article
October 3, 2013, previously published on October 2, 2013
There has been a flurry of class actions filed in the last six months against retailers in Massachusetts alleging improper collection of ZIP codes from consumers during credit card purchases. This upsurge follows the March 2013 decision by the Massachusetts Supreme Judicial Court in Tyler v....


HTMLMaterial Breach May Have Voided Confidential Settlement Agreement, Court Finds
Morrison Cohen LLP;
Legal Alert/Article
September 27, 2013, previously published on September 24, 2013
In a ruling from the bench in favor of high-end fashion jewelry retailer and Morrison Cohen client Madison Avenue Diamonds LLC, the Commercial Division of the Supreme Court, New York County, has ordered that trial preparation proceed on claims that could void the retailer’s obligation to make...


HTMLCourt of Appeals Again Rejects Dram Shop Liability
Eric M. Leppo; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 17, 2013, previously published on August 2013
In this recently issued, and highly anticipated opinion, the Maryland Court of Appeals, affirmed again that there is no dram shop liability in the State of Maryland, and Judge Battaglia’s majority opinion stated that any such change in the law rests with the Legislature.


HTMLCracking the Door? The Eleventh Circuit Again Considers When Out-of-Court FLSA Settlements Are Enforceable
Flyn Flesher, Christopher C. Murray; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 14, 2013, previously published on August 12, 2013
In 1982, the Eleventh Circuit Court of Appeals held in Lynn’s Food Stores, Inc. v. United Statesthat employers and employees cannot settle claims under the Fair Labor Standards Act (FLSA) unless (1) the settlement is supervised by the U.S. Secretary of Labor, or (2) a court enters a...


HTMLSome Products Are Just Too Defective for Defective Products Coverage
Chandra D. Lantz; Hirschler Fleischer A Professional Corporation;
Legal Alert/Article
August 9, 2013, previously published on August 7, 2013
Many businesses do not know that they can be sued for selling or installing a defective product, even if they did not manufacture it. If a product is defective, however, retailers, wholesalers, and installers - not just manufacturers - also can be responsible for the sale or installation of that...


HTMLPlaintiffs Once Again Denied Class Certification in Dukes v. Wal-Mart Stores, Inc.
Laura M. Fant; Proskauer Rose LLP;
Legal Alert/Article
August 8, 2013, previously published on August 7, 2013
In the latest chapter in what is now a twelve-year legal battle, plaintiffs seeking to bring gender-based disparate treatment and disparate impact claims against Wal-Mart with regard to the retail giant’s pay and promotion decisions were again denied class certification in Dukes v. Wal-Mart...


HTMLCPSC Approves $3.9 Million Penalty and Imposition of Compliance Program for National Retail Chain
Matthew Cohen, Matthew R. Howsare, Charles A. Samuels; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 17, 2013, previously published on July 17, 2013
A unanimous U.S. Consumer Product Safety Commission (“CPSC”) announced that Ross Stores Inc. (“Ross”), a national discount retailer, agreed to pay a $3.9 million civil penalty to settle allegations that it failed to report its continued sale of banned children’s upper...


HTMLRetail Pad Developments
David J. Tracy; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
July 16, 2013, previously published on July 17, 2013
In developing a parcel for a primary retail tenant, opportunities may be present to initiate the development of a pad or outparcel. This article discusses threshold issues that a developer should consider in the initial development of a parcel.


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