In a departure from earlier court decisions, the Massachusetts Supreme Judicial Court (SJC) has imposed additional potential liability on employers for wage-and-hour compliance. In Reuter v. City of Methuen, the SJC explained...more
Retailers are facing an increasing population of ethically minded consumers. A Nielsen 2015 global survey found that 66% of respondents were “willing to pay more for products and services that come from companies that are...more
Having survived the holiday shopping season, retailers should begin to prepare for any new employment laws that will go into effect in the coming year (and, of course, should ensure that they are complying with existing...more
1/18/2018
/ Anti-Bullying Laws ,
Breastfeeding ,
Decriminalization of Marijuana ,
Employee Rights ,
Employment Contract ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Marijuana ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Restrictive Covenants ,
Retail Market ,
Retailers ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
For years, patent assertion entities have filed patent lawsuits against retailers in federal court in Texas. The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods Group Brands LLC may give retailers the...more
11/30/2017
/ Forum Shopping ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Personal Jurisdiction ,
Principal Place of Business ,
Retail Market ,
Retailers ,
SCOTUS ,
State of Incorporation ,
TC Heartland LLC v Kraft Foods ,
Venue
As we have discussed in earlier blog posts, rapid changes in the retail landscape due to the rise of e-commerce and a shift in customer’s interests from old-school, one-stop department store shopping to experiential retail,...more
Hurricane Harvey has traumatized southeastern Texas. With unprecedented rainfall, there are many people who need urgent help. The competitive retail market can be difficult and wonderful all at the same time. We see (time and...more
The retail landscape is in the midst of a mind-boggling – and fast-moving – evolution. In a short amount of time, Americans have radically changed how they shop for things, utilizing multiple channels of shopping to meet...more
In a post published earlier this year, we commented on a surge of lawsuits being filed under Title III of the Americans with Disabilities Act (“ADA”). Title III of the ADA prohibits discrimination in the full and free...more
Marijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became...more
5/3/2017
/ Americans with Disabilities Act (ADA) ,
Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Invasion of Privacy ,
Medical Marijuana ,
Reasonable Accommodation ,
Retail Market
The Rise of the Gourmet Home Chef -
Boxed meal delivery services like Blue Apron and Plated have steadily risen in popularity since they entered the market in 2012. Meal kit delivery services offer consumers a no-hassle...more
‘Tis the season to eat turkey, drink pumpkin-flavored lattes, and, of course, shop. With Black Friday and the holiday season just around the corner, it is important for retailers to remember that Massachusetts has specific...more
Elections are emotionally charged events and yesterday’s U.S. Presidential Election proved no exception. Regardless of which way you voted, we now have a new President in Donald Trump. So, what does his election mean for...more
In a series of recent decisions that have important implications for retailers, large and small, federal courts have allowed consumer class actions to proceed against businesses for violation of the Fair and Accurate Credit...more
9/22/2016
/ Article III ,
Class Action ,
Corporate Counsel ,
Debit and Credit Card Transactions ,
FACTA ,
Injury-in-Fact ,
Jimmy Choo ,
Point of Sale Terminals ,
Retail Market ,
Retailers ,
Spokeo v Robins ,
Standing
In 2014, President Obama signed a Presidential Memorandum directing the Department of Labor (DOL) to update the regulations defining which workers are protected by the Fair Labor Standard Act's (FSLA) minimum wage and...more
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (the DTSA), creating the first Federal civil cause of action for misappropriation of trade secrets. The DTSA overlaps substantially with,...more
6/2/2016
/ Asset Seizure ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Ex Parte ,
Inevitable Disclosure Doctrine ,
Injunctive Relief ,
Intellectual Property Protection ,
Misappropriation ,
New Legislation ,
Non-Disclosure Agreement ,
Notice Requirements ,
Popular ,
Private Right of Action ,
Retailers ,
State Law Claims ,
Trade Secrets ,
Whistleblower Protection Policies
When asked last year to name one technology that we rely on today that would no longer be around in 10 years, Microsoft CEO Satya Nadella responded: “fountain pens.”
Some may question Mr. Nadella’s prediction of the...more
The Retail Litigation Center (RLC) is a trade organization attached to the Retail Industry Leaders Association (RILA) that describes itself as “the only organization dedicated to advocating the retail industry’s perspective...more
The Goulston & Storrs’ MAPIC team has returned from the 21st annual MAPIC (le marché international professionnel de l’implantation commerciale et de la distribution) conference in Cannes, France. From November 16-18, MAPIC...more
It’s hard to believe, but it’s that time again: MAPIC (le marché international professionnel de l’implantation commerciale et de la distribution) hosts its annual meeting and our retail practice will be there in full force....more
Last week Samsung launched its mobile payments app to compete with ApplePay and Android Pay, with much anticipation among technology bloggers. A few Technorati rushed to try the application so they could compare and contrast...more
10/8/2015
/ Android ,
Apple Pay ,
Banking Sector ,
Banks ,
Customer-Loyalty Programs ,
Debit and Credit Card Transactions ,
Financial Institutions ,
Google ,
Mobile Apps ,
Mobile Devices ,
Mobile Payments ,
Payment Systems ,
Popular ,
Retail Market ,
Samsung ,
Wireless Devices ,
Wireless Industry ,
Wireless Technology
3D printing, a seemingly futuristic method of manufacturing objects, is steadily moving into the mainstream as three dimensional printers have relocated from labs to the shelves of retail stores.
3D printing, or additive...more
It may only be the first week of August, but the retail world is already in full swing with one of its most important times of the year: back-to-school. Back-to-school is the second-biggest shopping season of the year,...more
It starts with an inaccurate, possibly fake, online review. Then a post appears on a consumer complaint forum. Suddenly, there is a surge of false postings about your company on social media sites. Invariably, these anonymous...more
7/9/2015
/ Advertising ,
Bad Actors ,
Copyright ,
First Amendment ,
Internet ,
Marketing ,
Online Reputation ,
Online Reviews ,
Personal Brands ,
Reputation Management ,
Social Media ,
Trade Secrets ,
Trademarks ,
Websites
Last week, members of Goulston & Storrs joined over 9,900 attendees from around the world who converged on San Diego for the 2015 Annual Meeting of the International Trademark Association (INTA). ...more
In recent years, the Internet Corporation for Assigned Names and Numbers (ICANN), the non-profit entity responsible for maintaining the Domain Name System of the Internet, has begun to introduce hundreds of new top-level...more