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Arbitration Retailers

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Carlton Fields

Ohio Federal Court Grants Motion to Confirm Arbitrator’s Award of Attorneys’ Fees and Costs to Prevailing Party

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In Preferred Wireless LLC v. T-Mobile USA Inc., the U.S. District Court for the Southern District of Ohio addressed a motion by defendant T-Mobile to confirm an arbitrator’s award of attorneys’ fees and costs, and also...more

Benesch

Navigating the Fine Print: Ninth Circuit Tightens Scrutiny on Digital Arbitration Agreements

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A recent Ninth Circuit decision, Chabolla v. ClassPass, Inc., underscores critical considerations for retailers with online Terms of Service / Use agreements, particularly regarding arbitration provisions and related consumer...more

Lewitt Hackman

Franchisor 101: Charging Toward Arbitration

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A California federal court granted a motion to compel arbitration by retail franchisor Batteries Plus and its two executives, and dismissed a franchisee’s action alleging violations of the California Franchise Investment Law,...more

Troutman Pepper Locke

Arbitration Clause Rendered Illusory and Unenforceable by Unilateral Amendment Clause, Says Virginia Federal District Court

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In a recent decision, the U.S. District Court for the Eastern District of Virginia denied a retailer’s motion to compel individual arbitration of a claim brought in a putative class action lawsuit. The complaint alleges that...more

Lathrop GPM

California Federal Court Grants Retail Franchisor’s Motion to Compel Arbitration and Dismisses Action

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A federal court in California recently granted a motion brought by a franchisor and two of its employees to compel arbitration and dismiss an action alleging violations of the California Franchise Investment Law, breach of...more

Benesch

Pricing Litigation: Ten Years In

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Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - January 2024

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A third attorney team representing World Wrestling Entertainment Inc. stockholders has signaled a tag-in for a widening Delaware Court of Chancery rumble with founder Vincent McMahon and top company officials and directors...more

Jackson Lewis P.C.

Retail Industry Workplace Law Update – Fall 2022

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Changing Retail Staffing Models – Unforeseen Risks in a New Economy- Events related to the COVID-19 pandemic may have caused roles within retail operations to shift, and managers may have been required to do more when...more

BCLP

Like buses...nothing for months then three Covid arrears arbitration awards all at once

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Falcon Chambers Arbitration has recently published three awards under the Commercial Rent (Coronavirus) Act 2022, that provide welcome guidance on the interpretation and application of the 2022 Act....more

ArentFox Schiff

Class Actions Quarterly Update: Fashion and Retail Quarterly Update

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In this issue of the Arent Fox Class Action Quarterly Update, we will be focusing on one recent California Supreme Court decision and two court of appeal decisions impacting the fashion and retail industries. Key Retail...more

Proskauer - Minding Your Business

Recent Decisions Spotlight Arbitration Agreements in Online Delivery Service Terms and Conditions

The global pandemic has brought about countless changes, including, for many households, increased reliance on online retail and delivery services, such as Amazon. When consumers sign up for these services or place their...more

Proskauer - New Media & Technology

Thoughtful Presentations of Terms of Use Crucial for Enforceability

Many online services feature comprehensive terms of use intended to protect their business from various types of risks. While it is often the case that a great deal of thought goes into the creation of those terms, frequently...more

Nilan Johnson Lewis PA

10 Considerations for Personal Transportation Customer and Vendor Agreements

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Manufacturers of personal transportation and other micromobility devices—as well as providers of sharing networks for such devices—can save hundreds of thousands of dollars in litigation fees by taking proactive steps to...more

Mintz - Arbitration, Mediation, ADR...

Does the Physical or Mental Impairment of a Party Make An Arbitration Agreement Voidable?

For an arbitration agreement to be enforceable, the parties must have a reasonable opportunity to understand its terms. See Fagerstrom v. Amazon.com, Inc., 141 F. Supp. 3d 1070 (S.D. Cal. 2015). With this principle in mind,...more

Alston & Bird

Retail: What's in Store - February 2019

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Payments Developments in 2018 and Outlook for 2019 - The cost of accepting payments is one of the most significant expenses faced by most retailers, and managing those costs is an ongoing struggle. The year 2018 saw...more

Carlton Fields

The Third Circuit Affirms District Court’s Confirmation of Arbitration Award, Finding That the Panel Did Not Exceed its Powers or...

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In sum, this case stems from a 2007 lease agreement between Ross Dress for Less, Inc. (“Ross”) and VIWY, L.P. (“VIWY”) for Ross to be a tenant in VIWY’s shopping center....more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Holland & Knight LLP

Food and Beverage Law Update: February 2018

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Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Old-school retailer Lord & Taylor has reached a deal with WeWork to sell its landmark New York flagship store for $850 million. L&T will continue on with a greatly decreased department store footprint in the space, but the...more

BCLP

Recent Cases Provide Recipe for Resolving Consumer Class Actions Through Arbitration

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Recent court decisions confirm the possibility of mandatory arbitration as a viable option for retailers frustrated with the rising costs of litigation, and the inability to recover their attorneys’ fees, for frivolous class...more

Troutman Pepper Locke

December 2016 Independent Contractor Misclassification and Compliance News Update

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In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

Perkins Coie

Top 10 Litigation Risks and Trends for Retailers

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With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

Cozen O'Connor

Click it to Stick it: Guide to Creating Binding Online Agreements

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Contract terms and purchaser assent to those terms, conditions, intended use and warning information provided with a purchased product are known fertile ground for defending product claims. In today’s virtual age,...more

Seyfarth Shaw LLP

“Don’t Mess with Texas” (Choice of Law Provisions)

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Many companies doing business in California have implemented arbitration agreements for resolving disputes with their employees. Companies headquartered in states other than California often prefer to use the law of their own...more

Seyfarth Shaw LLP

2015 Employment Bills Moving Through The CA Legislative Process

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Thursday, June 5 marked the last day for bills to pass out of their house of origin in the California Legislature. Here is a summary of some key employment bills that made it through (followed by some significant bills that...more

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