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|Illinois: Supreme Court Strikes Down Controversial “Amazon Tax”|
McDonald Hopkins LLC;
October 28, 2013, previously published on October 24, 2013Last Friday, October 18, 2013, the Illinois Supreme Court issued a 6-1 opinion holding that the state’s “click-through” nexus law or “Amazon tax” is invalid. The underlying law was passed in 2011 when brick-and-mortar retailers in Illinois called on the state...
|California: Governor Signs Retroactive Tax Relief for Sale of Qualified Small Business Stock|
McDonald Hopkins LLC;
October 28, 2013, previously published on October 24, 2013Entrepreneurs 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...
|Think Twice Before You Dial: New FCC TCPA Rules Went into Effect Yesterday|
Edwards Wildman Palmer LLP;
October 17, 2013, previously published on October 17, 2013Companies 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...
|Recent Upsurge of Massachusetts Class Actions on Merchant Zip Code Collection|
Brian J. Green, Sander A. Rikleen, Mark E. Schreiber; Edwards Wildman Palmer LLP;
October 3, 2013, previously published on October 2, 2013There 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....
|Material Breach May Have Voided Confidential Settlement Agreement, Court Finds|
Morrison Cohen LLP;
September 27, 2013, previously published on September 24, 2013In 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...
|Court of Appeals Again Rejects Dram Shop Liability|
Eric M. Leppo; Semmes, Bowen & Semmes A Professional Corporation;
August 17, 2013, previously published on August 2013In 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.
|Cracking 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.;
August 14, 2013, previously published on August 12, 2013In 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...
|Some Products Are Just Too Defective for Defective Products Coverage|
Chandra D. Lantz; Hirschler Fleischer A Professional Corporation;
August 9, 2013, previously published on August 7, 2013Many 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...
|Plaintiffs Once Again Denied Class Certification in Dukes v. Wal-Mart Stores, Inc.|
Laura M. Fant; Proskauer Rose LLP;
August 8, 2013, previously published on August 7, 2013In 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...
|CPSC 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.;
July 17, 2013, previously published on July 17, 2013A 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...