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Online Mandatory Arbitration Provision Stops Class Action from Moving Forward

In another victory for retail and fashion clients, a federal court recently held that an online arbitration provision for a web-based application was enforceable, reversing a lower court decision and essentially blocking a proposed class action.

Anonymous Online Business Reviews: Balancing Free Speech Rights Against Protections From Defamation

As nearly every company’s products and services can be critiqued on several online platforms, courts must balance a speaker’s First Amendment right to express opinions anonymously online against a business’s right protect itself from defamatory speech. On one hand, anonymous online speech is typically thought to be protected by the First Amendment, and websites posting anonymous reviews often fiercely defend their reviewers’ anonymity and their speech as non-actionable opinion. Early this year, Congress even passed the Consumer Review Fairness Act, which stops a company from using a contrac

Growing Trend? Another Court Rules Against Retailer on Website ADA Claim

Last April, we issued an alert regarding a California Superior Court’s summary judgment ruling against a retailer on claims that its website violated the Americans with Disabilities Act.

New Wave of Shipping Fee Class Actions: High Steaks

Omaha Steaks International Inc. recently became the target of a proposed class action lawsuit, in which the company is accused of charging unreasonable shipping fees that were excessive compared to the company’s actual costs.

Consumer Review Fairness Act of 2016: What Brands Need to Know About This New Consumer Review Law

What’s the News? Before leaving office, President Obama signed into law the Consumer Review Fairness Act of 2016 (CRFA), which protects consumers engaging in consumer reviews. The CRFA voids a contract if it prohibits or restricts an individual from reviewing a seller's goods, services, or conduct. Who is Affected? All companies that have the prohibited clauses (see below) in their consumer contracts will have to review and update these contracts for compliance with the CRFA.

EU Reg Would Ban Retail Companies From Using Geo-Tracking In Online Shopping

Under a proposed EU regulation, online retail companies in Europe may no longer be able to use geo-tracking in online shopping.

Arent Fox Speaks to New Fashion Designers on Setting Up Their Brands

On April 26, 2016—The Fashion Institute of Design & Merchandising (FIDM) invited Anthony Lupo, chair of Arent Fox's fashion law practice, to give students and alumni a presentation about the specific legal and business challenges that designers and retailers of fashion and luxury products face in an increasi

Winds of Change: Court Grants Summary Judgment for Plaintiff in Website Accessibility ADA Claim

Last September, we published an alert warning retailers of a looming expansion in the reach of Title III of the Americans with Disabilities Act that would impose requirements on e-commerce websites to make themselves more accessible to users with a wide variety of disabilities.

Super Bowl Ads to Licensing Partnerships: Anthony Lupo and Camuto Group SVP Jessica Cardon Discuss Top Retail Trends

Inspired by the late shoe industry giant Vince Camuto, founder of Nine West, Camuto Group’s vision for the future of the industry first took shape from the early pioneer in wholesaling quality footwear. Now, as a major player in the footwear space, Camuto Group’s operations include everything from running a portfolio of brands in more than 30 categories to partnering and licensing with major brands like Tory Burch, Jessica Simpson, and ED Ellen DeGeneres.

Amazon Fights Injunction in FTC Action Over In-App Billing Practices

Practical Guidance In-app purchasing remains a priority for regulators.   Companies with mobile apps should incorporate password protection and informative prompts to obtain informed consent from account owners for in-app purchases. What the News? Amazon.com, Inc.