News & Analysis as of

E-Commerce Goods or Services

Foster Garvey PC

U.S. Businesses Must Prepare for EU Accessibility Act Compliance by June 28

Foster Garvey PC on

The European Accessibility Act (“EAA”) takes effect across the European Union on June 28, 2025, for new products and services in the EU market. Products and services already on the market have a longer transitional period...more

Troutman Pepper Locke

Price Transparency: Massachusetts Adopts New Consumer Protection Rules

Troutman Pepper Locke on

The Massachusetts attorney general’s (AG) office has finalized new consumer protection regulations aimed at eliminating hidden “junk fees” and improving price transparency. Set to take effect on September 2, the regulations...more

Jenner & Block

Ninth Circuit Considers Personal Jurisdiction Over Online Businesses

Jenner & Block on

In the age of e-commerce, many consumer class actions involve goods and services purchased online. Those online purchases have created legal challenges for determining when an online sale may subject a party to personal...more

Clark Hill PLC

“VPPA Is No Dinosaur Statute” – Second Circuit Breathes New Life Into Federal Video Privacy Protection Act

Clark Hill PLC on

“Our modern means of consuming content may be different, but the Video Privacy Protection Act (“VPPA”)’s privacy protections remain as robust today as they were in 1988,” wrote Second Circuit Judge Beth Robinson in the...more

Perkins Coie

With Operation AI Comply, the FTC Steps Up AI Enforcement

Perkins Coie on

The Federal Trade Commission (FTC) recently announced several enforcement actions and proposed settlements as part of a new sweep it calls “Operation AI Comply.” These cases appear focused on companies that the FTC alleges...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent Enforcement in Online Marketplaces

Global E-commerce platforms continue to grow, with many online marketplaces replacing traditional brick-and-mortar stores. While online marketplaces help legitimate products reach consumers more widely than brick-and-mortar...more

Troutman Pepper Locke

EDVA Judge Invalidates Arbitration Clause in Online Terms and Conditions

Troutman Pepper Locke on

In a recent decision, EDVA Judge Rossie Alston invalidated the arbitration clause in the terms and conditions for online sales through the Lowe’s Home Centers website on the grounds that the terms and conditions were illusory...more

Environmental General Counsel PC

Taking Stock of the EPR Packaging Laws: Minnesota's New Program

Minnesota just joined the roster of states with extended producer responsibility (“EPR”) packaging programs, and New York and Illinois are evaluating similar legislation. Meanwhile, states with more established programs are...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 ITC Section 337 Year in Review: Analysis & Trends: Looking Beyond Inventory Numbers to Secure a Cease and Desist Order

The Commission may grant a cease and desist order (“CDO”) when it finds a violation of Section 337. See 19 U.S.C. 1337(f)(1). Historically the Commission would grant a CDO upon a showing that a respondent had a “commercially...more

K&L Gates LLP

Update - UAE Consumer Protection and E-Commerce Laws

K&L Gates LLP on

The United Arab Emirates (UAE) has emerged as one of the regional leaders in adopting and developing a robust information technology and internet infrastructure to accommodate the steep demand in e-commerce and digital...more

Venable LLP

FTC Releases Proposed Rule Targeting “Junk” Fees

Venable LLP on

This week, the Federal Trade Commission (FTC) released a Proposed Rule, “Rule on Unfair or Deceptive Fees.” The Proposed Rule comes after the FTC solicited comments through its Advance Notice of Proposed Rulemaking in...more

Stikeman Elliott LLP

Don’t Miss Out! Competition Bureau Releases New Deceptive Marketing Guidance

Stikeman Elliott LLP on

The Competition Bureau published its sixth volume of the Deceptive Marketing Practices Digest on April 17. The latest edition looks at the use of fake scarcity cues in online marketplaces and provides an update on drip...more

Dickinson Wright

A Seller’s Guide to Navigating Intellectual Property Law on Amazon

Dickinson Wright on

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Amazon sellers must understand the major forms of intellectual...more

K&L Gates LLP

France: New Requirements Concerning the Sale of Digital Goods

K&L Gates LLP on

On 29 June 2022, Decree n° 2022-946 (the Decree) supplemented the regulatory framework resulting from the Ordinance n° 2021-1247 of 29 September 2021 on the legal warranty of conformity for goods, digital content, and digital...more

Miller Nash LLP

A Non-U.S. Company’s Guide to Doing Business in the U.S.: A Playbook for Accessing the U.S. Market

Miller Nash LLP on

For decades, the United States (U.S.) has boasted the largest economy in the world and the largest market for imported goods. This article discusses basic strategies non-U.S. companies use to enter the U.S. market. Other...more

Morgan Lewis

German Federal Parliament Passes Sweeping New Rules on Selling Digital Products to Consumers

Morgan Lewis on

A new contract type has been introduced in the German Civil Code for the supply of digital content or services by companies to consumers in Germany: The German Federal Parliament has added 22 new sections (337-327u) on the...more

Hogan Lovells

The sales law update at the beginning of the year - The update obligations according to §§ 475 b, c German Civil Code ("BGB)

Hogan Lovells on

In implementation of the Sales of Goods Directive (Directive 2019/771/EU of May 20, 2019, "WKRL") and the Digital Content and Services Directive (Directive 2019/770 (EU), "DIDRL"), a comprehensive reform of the BGB came into...more

Hogan Lovells

Das Kaufrecht-Update zum Jahresbeginn – Die Update-Pflichten nach §§ 475 b, c BGB

Hogan Lovells on

In Umsetzung der Warenverkaufsrichtlinie (Richtlinie 2019/771/EU vom 20. Mai 2019, „WKRL“) sowie der Richtlinie über digitale Inhalte und Dienstleistungen (Richtlinie 2019/770 (EU), „DIDRL“) erhalten insbesondere digitale...more

Proskauer - New Media & Technology

In the Coming ‘Metaverse’, There May Be Excitement but There Certainly Will Be Legal Issues

The concept of the “metaverse” has garnered much press coverage of late, addressing such topics as the new appetite for metaverse investment opportunities, a recent virtual land boom, or just the promise of it all, where...more

Hogan Lovells

Neue Regelungen für digitale Produkte

Hogan Lovells on

Der Bundestag hat am 25.06.2021 das „Gesetz zur Umsetzung der Richtlinie über bestimmte vertragsrechtliche Aspekte der Bereitstellung digitaler Inhalte und digitaler Dienstleistungen“ beschlossen. Das Gesetz setzt die...more

Proskauer - Minding Your Business

Online Marketplaces Could Expose Third-Party Sellers to Price Gouging Liability

On July 2, 2021, a group of consumers filed a putative class action in Washington District Court alleging Amazon engaged in unlawful price gouging during the COVID-19 pandemic on a variety of products. The case is noteworthy...more

Herbert Smith Freehills Kramer

Retail Price Maintenance: Dammann Frères Fined for Imposing Online Sale Price of Tea to Its Retailers

In Decision No. 20-D-20 issued on Dec. 3, 2020, the French Competition Authority fined the tea producer Dammann Frères €226,000 for forbidding its retailers to freely determine their own online resale prices for Dammann...more

Morgan Lewis - Tech & Sourcing

Information Requirements for Online Traders in the UK and European Union

Traders selling goods, services, and/or digital content online to consumers in the United Kingdom and the European Union need to comply with laws requiring the provision of certain information as part of the sales process....more

Hogan Lovells

Augmented reality and e-commerce: IP implications of a powerful alliance

Hogan Lovells on

This year, the pandemic forced brands to reinvent themselves to stay virtually close to customers. A surprisingly high number of companies quickly turned to augmented reality ("AR"), recognizing the strong power of this...more

Hogan Lovells

Beyond Brexit transition – VAT on cross-border movement of goods

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Businesses moving goods to or from Great Britain will face new compliance burdens. EU businesses making sales to UK customers may have to register for UK VAT for the first time....more

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