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|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...
|Retail Pad Developments|
David J. Tracy; Hinckley, Allen & Snyder LLP;
July 16, 2013, previously published on July 17, 2013In 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.
|Waiver of Notice-To-Quit Provisions in Leases - Keep It Simple and Precise and No One Gets Hurt|
Noble F. Allen; Hinckley, Allen & Snyder LLP;
July 12, 2013, previously published on July 17, 2013Under Connecticut law, the only situation in which an eviction can be commenced without first serving the statutory Notice to Quit on the tenant is when the tenant's lease has lapsed — specifically termed "lapse of time." In all other scenarios, a landlord must first serve the...
|A&P Agrees to Pay $102,000 Fine for Failing to Adequately Disclose Alternate Method of Entry in Sweepstakes|
Loeb Loeb LLP;
July 4, 2013, previously published on June 28, 2013New York Attorney General Eric Schneiderman announced that supermarket chain A&P agreed to pay $102,000 in fines and in the future will advertise the alternate method of entry with equal prominence as the entry with purchase. A&P was cited by the New York Attorney General’s Office for similar...
|Four Wheel Fashion|
Sheppard Mullin Richter Hampton LLP;
June 25, 2013, previously published on June 19, 2013If you’ve ever wondered what the “lifestyle” of a Porsche driver looks like, look no further than Porsche Design’s latest fashion catalog. Twenty-three glossy pages of sleek leather jackets, modern business blazers, and retro-futuristic day-to-evening wear attempt to define...
|Hashtagging Away Your Rights: Privacy and Publicity Rights in Social Media|
Sheppard Mullin Richter Hampton LLP;
June 25, 2013, previously published on June 19, 2013The fashion industry is finally loosening its buttons—several decades and a few billion dollars in advertising later, retailers are moving away from using high-priced models and exotic locations to lure customers. Instead, many brands are promoting their designs by relying on every day images...
|"Use" of a Mark in the U.S.A.|
Cory M. Amron, Joan C. Makley, William H. Oldach, Christopher M. Ott; Vorys, Sater, Seymour and Pease LLP;
May 22, 2013, previously published on May 20, 2013“Use” of a trademark or service mark under U.S. trademark law is often misunderstood. Even the best-intended trademark owners encounter unexpected, sometimes fatal, barriers in their attempts to register their marks and maintain their registrations.