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New Version of Payment Card Information Standards Targets Recent Breach Issues

What’s the News? Following recent updates, merchants and retailers will soon become subject to the updated Payment Card Information Data Security Standard (PCI DSS), the security standard that organizations need to follow if they handle credit and debit cards from major card companies, such as Visa, MasterCard and American Express. This round of changes will be known as version 3.2 of PCI DSS, and include significant guidance and updates on hot topics such as encryption and strong credentials.

The Real Deal: Anthony Lupo and Michelle Marsh Discuss Clothing and Copyright

Exclusivity and uniqueness are the cornerstones of the fashion industry. From Louboutin’s iconic red-soled pump to Burberry’s famed trench, brands pride themselves on creating exceptional albeit timeless pieces. So what prevents a rival company from simply replicating success? Which begs the age old (and hotly debated) question – can clothing be copyrighted? The answer is anything but black and white.  

What Trump Means for the Fashion Industry

As the inauguration of President-elect Donald Trump nears, retailers should be paying close attention to expected seismic changes in domestic trade policy that will have an important impact on the fashion industry.  

New York Exemption Threshold Set to Increase on Dec. 31

On December 31, 2016, at 12:01am (i.e. not January 1, 2017), the New York State Department of Labor will implement regulations increasing the salary threshold exempting employees from overtime-pay requirements for most private employers.

Retailers May Face False Advertising Suits Even If Consumers Learn the “Truth” Before Making a Purchase

Last week, a California appellate court held that consumers can proceed with a class action suit against Banana Republic for false advertising arising from posted signs that advertised a 40-percent off sale without disclosing that the discount only applied to certain items.  This decision will raise red flags for retailers because the customers had learned the truth about the discount’s limitations at the cash register before making their purchases.   

Ho-Ho-Ho! Retailers Beware When Advertising

Retailers should beware this holiday season – and beyond – when advertising sales using a comparison between the “original” and “sale” prices as Macy's, Sears, and JC Penney were j

Market Alterations: Anthony Lupo and Steve Birkhold Talk Retail Trends

California has been a target for shoppers across the globe long before Rodeo Drive made its debut on the big screen in Pretty Woman. Yet because many major metropolitan areas in California are sprawling and lack the densification found in most urban areas, shopping centers must have strong strategies to attract customers for reasons other than to simply shop.

CPSC Public Meeting on Children's Sleepwear Flammability

On December 1, 2016, CPSC’s Office of Compliance, under the leadership of CPSC’s Mary Toro (Director, Office of Compliance, Regulatory Enforcement), held a comprehensive full day seminar on the laws, regulations, and rigorous flammability testing requirements applicable to children’s sleepwear.

FDA to Begin Posting Adverse Event Report Data for Foods and Cosmetics

On December 7, 2016, the Food and Drug Administration published a Notice in the Federal Register announcing that its Center for Food Safety and Applied Nutrition will begin publishing data extracted from adverse event reports the Agency has received for conventional foods, dietary supplements and cosmetics. Until now, such adverse event report data has only been publicly available by submission of a Freedom of Information Act request to the Agency. FDA has stated it is providing adverse event data to increase trans

California Paystubs Don’t Have to Include Vacation or PTO Values – But Beware

The California Court of Appeal has held that employers’ itemized wage payment statements do not have to include the monetary value of an employee’s accrued vacation or paid time off (PTO). The decision in Soto v. Motel 6 Operating, L.P. held that, although such amounts are “wages” under California law, an employer does not have to itemize the value of the balance due until the end of employment.