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Retailers Risk Management

Buchalter

A Summer Surge in Proposition 65 Notices of Violation- Bisphenol S (BPS) in Receipts, UPC Stickers and Thermal Labels - Are Your...

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California Proposition 65 (formally the Safe Drinking Water and Toxic Enforcement Act of 1986) (“Prop. 65”) enforcement is hot—and this time, the spotlight is on Bisphenol S (BPS), a chemical often used in thermal receipt...more

Troutman Pepper Locke

The Top 10 Legal Risks Impacting the Value of a Retail Brand

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Taking your retail brand to the next level and attracting an equity investment based on the value of your brand requires not only business acumen but strategies for brand protection. Protecting your trademarks by way of...more

Gordon Rees Scully Mansukhani

Wave of Enforcement Actions Initiated under California’s Prop 65 Targets Thermal Receipts at California Stores

In the first half of 2025, two private enforcers have targeted over 200 companies operating in the state for purported exposure to Bisphenol S (BPS) from retail store thermal receipts provided to customers in California. The...more

Falcon Rappaport & Berkman LLP

Navigating the Patchwork of State Consumer Privacy Statutes: An E-Commerce Compliance Playbook

Online retailers now face an increasingly complex matrix of state consumer-privacy statutes that impose prescriptive requirements on data collection, monetization, and cybersecurity practices. ...more

McGuireWoods LLP

Retailers at Risk: FDA Issues Advisory on Recreational Nitrous Oxide Products

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On June 4, 2025, the U.S. Food and Drug Administration issued a public advisory urging consumers not to inhale nitrous oxide (N2O) from commercial dispensers, including canisters, tanks and portable chargers. The advisory...more

Dickinson Wright

Recent U.S. – China Tariff Tensions Spark Investigations by Chinese Authorities

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This spring, representatives from China’s Ministry of Commerce (“MOFCOM”) met with Walmart executives in China (“PRC”) to discuss allegations that Walmart had asked its Chinese suppliers to reduce prices or offer some sort of...more

Seyfarth Shaw LLP

New York Releases FAQs, Model Training, and Model Policy for Retail Workplace Violence Prevention Law

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A workplace violence prevention law passed by the New York State legislature in June 2024, signed into law by the Governor in September 2024, and amended in February 2025 is set to take effect in part on June 2, 2025. On May...more

Robinson+Cole Data Privacy + Security Insider

U.S. Retailers Bracing for Scattered Spider Attacks

Google sent out a warning that the cybercriminal group Scattered Spider is targeting U.S.-based retailers. Scattered Spider is believed to have been responsible for the recent attack on Marks & Spencer in the U.K. A security...more

McDermott Will & Emery

Navigating the Regulatory Landscape for Private Label Alcohol

Private labels are not a new concept – many consumers have purchased private label products for years, but their use is becoming more prevalent and ubiquitous in the market as demand for private labels continues to rise. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Regulatory Strategies To Combat Counterfeit Beauty Products

Increases in Counterfeit Beauty and Personal Care Products - The rise of e-commerce has led to increasing sales of counterfeit or noncompliant beauty and personal care products, including many that are knockoffs of...more

Lowndes

Location, Location, Location… Site Selection Issues for Tenants

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We all know the old adage favored by real estate brokers… “location, location, location.” While more frequently used in the context of residential real estate, it is equally applicable in the commercial real estate market...more

Hinshaw & Culbertson - Employment Law...

Amendments to New York's Retail Worker Safety Act Employers Must Prepare for

On February 14, 2025, Governor Kathy Hochul signed into law an amendment to the Retail Worker Safety Act. In a prior blog post, we discussed the Retail Worker Safety Act and its implications on New York retail employers....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Motor Fuel Supply Agreements/Documenting the Jobber/Retailer Relationship: Fall Edition of the Arkansas Oil Marketers...

I authored an article in the Fall edition of the Arkansas Oil Marketers Association publication, The Canopy, titled: Arkansas Motor Fuel Supply Agreements: Documenting the Jobber/Retailer Relationship (“Article”). The Article...more

Clark Hill PLC

The Growing Cybersecurity Risks in the Cannabis Industry

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Those familiar with the industry know that cannabis retailers find themselves in a unique position compared to other product retailers. Cannabis retailers face significant regulatory hurdles to their operation—particularly in...more

Conn Maciel Carey LLP

Amendment to New York Retail Worker Safety Act Passes State Legislature, Awaits Governor’s Signature

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On February 4, 2025, the New York State Legislature passed an anticipated amendment to the New York Retail Worker Safety Act. Governor Kathy Hochul is expected to sign the amendment into law in the coming days....more

Stark & Stark

A BIG LOTS Chapter 11 Lesson: Caution Needed When Doing Business with Chapter 11 Debtors

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Vendors, landlords, and other creditors often feel a sense of security when doing business with Chapter 11 debtors. The Bankruptcy Code, and even court orders entered at the outset of a bankruptcy case, seemingly provide a...more

Seyfarth Shaw LLP

New York Set to Amend Law Addressing Retail Employee Workplace Violence Prevention

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A workplace violence prevention law passed by the New York State legislature in June 2024 and signed into law by the Governor in September 2024 with certain provisions set to take effect in March 2025 has been amended....more

BakerHostetler

Complying with the Mail Order Rule and Satisfaction Guarantees: Poor Customer Service Can Cost Millions

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Well, the holidays and big holiday shopping season are behind us, but now we have all of the January clearance sales and upcoming Valentine’s Day shopping. American consumerism rarely takes a rest....more

Perkins Coie

‘Tis the Season… for Cybercriminals: A Holiday Reminder for Retailers

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As the holiday shopping season kicks into high gear, it also becomes a prime opportunity for cybercriminals to target retailers, their suppliers, and their customers.  As The Hacker News reports, criminal use of artificial...more

Hinckley Allen

Securing the Storefront: How Companies are Tackling Increasing Retail Theft

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Retail crime, and specifically organized retail crime, is on the rise in major markets throughout the United States. In 2022, the National Retail Federation reported a loss of $112 billion dollars, up from $99.3 billion in...more

ArentFox Schiff

Understanding Suppliers’ Rights and Remedies in Retail and Hospitality Bankruptcies

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On May 14, Outfox Hospitality LLC, the parent company of the retail chain Foxtrot Market, along with its affiliates, filed for Chapter 7 bankruptcy protection in the Bankruptcy Court for the District of Delaware, with the...more

BakerHostetler

Deeper Dive into the Data

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Every year, BakerHostetler collects and analyzes various metrics about the incident response matters we handle. In 2022, we handled over 1,160 incidents. The most striking trends we saw across those incidents were an overall...more

Orrick, Herrington & Sutcliffe LLP

Managing Legal Risk in Marketing and Advertising: 5 Things Companies Should Know

Most companies follow a few key rules to market their offerings: Advertisements should be truthful and should not mislead consumers. Advertisements and the products being marketed should not harm consumers. Advertisers...more

ArentFox Schiff

Fashion Counsel: Pricing Strategies and Antitrust Considerations

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In today's episode of Fashion Counsel, AFS Chairman Anthony Lupo is joined by Brian Schneider to discuss how brands can find the balance between risk and control over downstream pricing by wholesalers and retailers, while...more

Dorsey & Whitney LLP

Forestall Phishing Forays with Sophisticated Domain Name Watching

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With the holiday season upon us and online goods and services flying off the virtual shelves, companies should not lose sight of the increased risk of phishing and cyberattacks. Society’s reliance on online commerce means...more

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