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Retailers First Amendment

Mintz

What’s in Your Wallet: National Retail Federation Files Suit Against New York Algorithmic Pricing Law

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What is algorithmic pricing? The Canadian Competition Bureau broadly defines it as “the process of using automated algorithms to set or recommend prices for products of services, often in real time, based on a set of data...more

Greenberg Glusker LLP

Court Finds Requiring Prop. 65 Warnings for Acrylamide in Food is Unconstitutional

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On May 2, 2025, the U.S. District Court for the Eastern District of California issued a landmark ruling in California Chamber of Commerce v. Bonta, Case No. 2:19-cv-02019, holding that Proposition 65 (“Prop. 65”) warning...more

Goodwin

State Statute Prohibiting Surcharges on Credit Card Purchases Held Unconstitutional

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On February 25, 2021, the United States District Court for the District of Kansas issued an opinion granting summary judgment in favor of CardX, LLC (CardX), and found unconstitutional “a Kansas law that prohibits sellers...more

Robins Kaplan LLP

Financial Daily Dose 8.12.2020 | Top Story: 9th Circuit Reversed Antitrust Ruling Against Qualcomm

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Big win for Qualcomm this week, with a 9th Circuit panel reversing an antitrust verdict against the company that “had threatened the chip maker’s business model.” The appellate court, in flipping the district court’s ruling,...more

Perkins Coie

Food Litigation Year in Review 2019 - A Look at Key Issues Facing Our Industry

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Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review, summarizing important developments in consumer litigation affecting the food and beverage industry. Filings against the food and beverage...more

Benesch

Point of Sale Newsletter - January 2020

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Enacted in 1991 to stem the tide of telemarketing calls, the Telephone Consumer Protection Act (TCPA) restricts “the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or...more

McDermott Will & Emery

Eighth Circuit Strikes Down Multiple Missouri Alcohol Beverage Advertising Laws

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In another blow to the constitutionality of alcohol beverage laws, the Court of Appeals for the Eighth Circuit struck down on First Amendment grounds a number of Missouri’s alcohol beverage advertising laws on the basis that...more

Goulston & Storrs PC

Stay in the Know: Recent Developments in Trademark Law

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Retailers generally appreciate that their brands are among their most valuable assets. But it can be challenging for them to know how current trademark law will affect their selection, registration, and enforcement of those...more

Ballard Spahr LLP

Parties in case challenging constitutionality of NY “no credit card surcharge” law jointly seek dismissal of complaint and appeal

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The NY Attorney General and the plaintiffs in Expressions Hair Design v. Schneiderman have filed a joint motion with the U.S. Court of Appeals for the Second Circuit asking the court to vacate the district court’s final...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Amidst all of that Black Friday and general holiday craziness, the White House released a blockbuster report issued by a collection of 13 federal agencies on Friday warning that, if left unchecked, global climate change could...more

Bond Schoeneck & King PLLC

Merchants Say Potato; Courts Say Potahto - The New York Credit Card Surcharge Saga Continues

As we reported on in 2013, 2015, and 2016, there has been much legal confusion as to how New York merchants can pass on the credit-card “swipe fees” to their customers. In the case of Expressions Hair Design v. Schneiderman,...more

Ballard Spahr LLP

NY Court of Appeals issues interpretation of NY “no credit card surcharge” law

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The New York Court of Appeals has issued an opinion in Expressions Hair Design v. Schneiderman interpreting the state’s law that prohibits merchants from imposing a surcharge on credit card purchases (Section 518 of the...more

Proskauer - New England IP Blog

Court Makes Motion to Dismiss in Trademark Dispute Magically Disappear

A basic tenet of litigation is that the court must have personal jurisdiction over the parties to the case. In one recent decision, an out-of-state defendant in a trademark infringement dispute could not use a motion to...more

Downey Brand LLP

The Latest in the Prop. 65 World: Processed Meat; Lead and Cadmium in Chocolate; and Glyphosate in Herbicides

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February was a busy month in the Proposition 65 world with two developments that may impact businesses that manufacture or sell processed meat or chocolate products. In addition, the United States District Court for the...more

Katten Muchin Rosenman LLP

The Katten Kattwalk - Issue 15

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...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

Foley & Lardner LLP

Ninth Circuit Holds That a Prohibition on Credit Card Surcharges Abridges Merchants’ Freedom of Speech in Violation of First...

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The Ninth Circuit’s recent decision in Italian Colors Rest. v. Becerra (“Italian Colors”), upheld an as-applied constitutional challenge to a California law prohibiting retailers from imposing a surcharge on customers paying...more

Seyfarth Shaw LLP

Freedom To Surcharge—Ninth Circuit Rules Businesses Can Charge Card Fees

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Seyfarth Synopsis: Ninth Circuit upholds district court decision granting five businesses injunctive relief, finding that state law banning credit card surcharges is unconstitutional as applied to the five businesses. ...more

Ballard Spahr LLP

Ninth Circuit Rules California "No Credit Card Surcharge" Law Violates First Amendment

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A California law that prohibits merchants from imposing a surcharge on credit card purchases violates the First Amendment of the U.S. Constitution, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit has...more

BCLP

Bans on Credit Card Surcharges Face First Amendment Challenges

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State laws that prohibit retailers from charging customers a surcharge for using a credit card are being challenged on First Amendment grounds. For more than four decades, California’s Song-Beverly Credit Card Act of 1971...more

Pillsbury Winthrop Shaw Pittman LLP

Preserving California’s Tied-House Rules - Ninth Circuit en banc decision upholds decades-old law restricting alcohol beverage...

On June 14, 2017, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued its decision in Retail Digital Network LLC v. Ramona Prieto, Case No. 13-56069, D.C. No 2:11-cv-09065-CBM-PJW. The decision rejects a...more

Seyfarth Shaw LLP

Supreme Court Says Credit Card Surcharge Ban Regulates Free Speech

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The Supreme Court in Expressions Hair Design et al. v. Schneiderman held that New York’s law prohibiting credit card surcharging (General Business Law §5 18) regulates speech, and on Wednesday asked the Second Circuit to...more

Bond Schoeneck & King PLLC

New York Credit Card Surcharges

On September 29, 2016, the Supreme Court of the United Stated announced that it would hear the appeal to the highly anticipated credit card surcharge case, of which we have been tracking. [See New York Judge Grants...more

Ballard Spahr LLP

SCOTUS to Decide Constitutionality of State "No Credit Card Surcharge" Laws

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The U.S. Supreme Court has agreed to decide whether state laws that prohibit merchants from imposing a surcharge on credit card purchases violate the First Amendment. The petition for certiorari granted by the Supreme Court...more

Pillsbury Winthrop Shaw Pittman LLP

Ninth Circuit Opens the Door to Relaxing Decades-Old Law Restricting Supplier-Paid Advertising in Retail Establishments

In a decision released on January 7, 2016, Retail Digital Network LLC v. Jacob Appelsmith, the U. S. Court of Appeals for the Ninth Circuit overturned 29-year-old precedent set in Actmedia Inc. v. Stroh, which held that those...more

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