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Adobe PDFIn Key Decision, Supreme Court Applies "Rigorous Analysis" to FRCP 23(b)(3) Class Determination in Reversing Class Certification Based on Lack of Showing That Damages Can Be Measured On Classwide Basis
Jordan D. Grotzinger, Jeff E. Scott; Greenberg Traurig, LLP;
Legal Alert/Article
April 2, 2013, previously published on April 1, 2013
In 2011, the Supreme Court explained in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, 2551 (2011) that, “[w]hat matters to class certification . . . is not the raising of common ‘questions’ -- even in droves -- but, rather the capacity of a classwide proceeding to generate...

 

Microsoft WordFashion Beyond Borders: A Fusion of Technology and Free Trade Agreements Pave the Way Into the Largest Economy in the World - A Case Study on the African Growth and Opportunity Act (AGOA) and the African Fashion Industry
Deanna D. Clark; Shayne Law Group, P.C.;
White Paper
April 2, 2013, previously published by International Foundation of Fashion and Technology Institutes (2012) on Spring 2013
Technology has provided the opportunity for fashion brands to emerge out of "home grown" marketing avenues such as through the creation of an online presence on Facebook. Together with the ubiquity and mass market pricing of the mobile phone with a digital camera, both budding and...

 

HTMLMassachusetts Statute Concerning Collection of 'Personal Identification Information' During Credit Card Transactions Triggers Wave of Class Action Litigation
Robert A. Sherman, David G. Thomas; Greenberg Traurig, LLP;
Legal Alert/Article
April 1, 2013, previously published on March 27, 2013
Recently, class action lawyers have filed various putative class action lawsuits against retailers under a statute regulating the type of “personal identification information” a retailer may obtain during a credit card transaction-Mass. Gen. Laws ch. 93, § 105(a) (Chapter 93,...

 

HTMLWage-Hour Class Action Must be Reconsidered under U.S. Supreme Court’s Demanding Standards
Mark S. Askanas; Jackson Lewis P.C.;
Legal Alert/Article
March 27, 2013, previously published on March 22, 2013
A class action alleging unpaid overtime and other wage and hour violations under the federal Fair Labor Standards Act and California law has been decertified by the U.S. Court of Appeals for the Ninth Circuit in light of the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131...

 

HTMLZip Code Requests Off-Limits in Massachusetts Credit Card Transactions
Martin J. Bishop, Martin J. Bishop, Thomas I. Elkind, Thomas I. Elkind, Michael C. Lueder, Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
March 22, 2013, previously published on March 21, 2013
In a recent decision, Tyler v. Michaels Stores, Inc., the Massachusetts Supreme Judicial Court held that zip codes are “personal identification information” and that a merchant asking for that information during a credit card transaction violates a Massachusetts statute [G.L.c. 93,...

 

HTMLMassachusetts Supreme Judicial Court Rules That Retailers May Be Sued for Wrongful Use of Customer Zip Codes Recorded During Credit Card Sales
Cynthia J. Larose, A. W. "Chip" Phinney; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 19, 2013, previously published on March 14, 2013
“May I have your zip code?” is an all-too-familiar question that may be going the way of the dinosaur in Massachusetts. Many retailers commonly ask customers for their zip codes when processing credit card transactions at, for example, a store check-out or a self-serve gas station. A...

 

HTMLThe Retail Sales Tax Act Still Has Some Teeth Under HST
Weirfoulds LLP;
Legal Alert/Article
March 15, 2013, previously published on Winter 2012
Effective July 1, 2010, Ontario harmonized its retail sales tax (RST) with the federal goods and services tax (GST) to form a harmonized sales tax (HST). However despite harmonization, some rules in Ontario's Retail Sales Tax Act (RSTA) continue to have application today.

 

HTMLCommon Area Maintenance Clauses and the Debate Over “Caps”, “Exclusions” and “Capital Improvements”: Creative and Practical Ways to Find Common Ground
Hinckley Allen Snyder LLP;
Legal Alert/Article
March 12, 2013, previously published on March 4, 2013
In today's retail real estate climate, many Tenants (often regardless of size or credit-worthiness) seek to limit the year-over-year increases on common area maintenance costs incurred by Landlord and passed through to the Tenant. For instance, a shopping center Tenant may agree to pay its...

 

HTMLCreative Financing of a Big Box Tenant’s Income Stream
Hinckley Allen Snyder LLP;
Legal Alert/Article
March 12, 2013, previously published on March 4, 2013
This article briefly describes a creative financing technique that could be utilized under the appropriate circumstances to separately finance rental payments from a big box retail tenant’s lease.

 

HTMLPractical Tips for Commercial Lease Assignments
Hinckley Allen Snyder LLP;
Legal Alert/Article
March 12, 2013, previously published on March 4, 2013
When representing a Landlord or a Tenant in a lease assignment transaction, as part of a sale of a business or otherwise, there are many issues to identify and address. First and foremost, a thorough review of lease documents should be performed to identify all consents that are required and any...

 


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