Introduction

If you have ever telephoned a customer support hotline to be greeted with an explanation that “this call may be monitored for quality assurance,” you are familiar with the implications of various state laws governing the recording of telephone conversations. Most states have cold-war era wiretapping laws, with some states providing for two-party consent, meaning the recording party must announce to the other party it plans to record the call. Thus, the industry standard practice is to announce the call shall be recorded to avoid civil liability from such wiretapping statutes that provide private rights of action.

Continue Reading CIPA: An Old Statute Provides a New Frontier for Serial Filing Plaintiffs Against Retailers with Online Chat Services

On June 23, 2023, the Supreme Court issued a decision in Coinbase, Inc. v. Bielski, No. 22-105, 2023 WL 4138983 (U.S. June 23, 2023), that will provide further protection for parties seeking arbitration. The issue presented to the Court was whether a district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is ongoing. The Court held that a district court must stay its proceedings pending such an appeal.

Continue Reading Supreme Court Rules that District Courts Must Stay Proceedings Pending Interlocutory Appeals of Denials of Motions to Compel Arbitration

GlobeSt. Real Estate Forum, an American Lawyer Media publication, has selected McGuireWoods partners Greg RiegleChris Thanner and John Visconsi as 2023 Globe St. Influencers in Retail Real Estate. The honorees, all members of the firm’s Real Estate & Land Use Department, were profiled in a May 1, 2023, story.

Continue Reading Three McGuireWoods Partners Named ‘Influencers in Retail’ by ALM’s GlobeSt.

Over the past few years, many state legislatures have focused on data privacy and security. California, Colorado, Connecticut, Iowa, Utah and Virginia have already passed comprehensive data privacy laws. Many other states have introduced bills that are likely to become law.

Read on for a brief overview of common requirements among these state laws — and potential penalties.

In response to a wave of Supreme Court decisions affirming the enforceability of class action waivers in arbitration agreements, plaintiffs’ firms began using the arbitration agreement’s language (and/or the arbitration provider’s rules) requiring that the entity pay virtually all the fees and costs associated with arbitration against the entities that drafted them through a process now referred to as “mass arbitration.”

Continue Reading A Primer on Mass Arbitration

In recent months, retailers have faced increased pressure from litigation related to their sales practices. While there is overlap, sales practices litigation can fall into four different buckets: pricing, data collection, auto-renewal, and “free” lawsuits. This post focuses on trends in recently filed pricing litigation.

Continue Reading The Price Isn’t Right?

On February 23, 2023, the Supreme Court of the United States ruled in Helix Energy Solutions Group, Inc. v. Hewitt, that even highly compensated individuals are subject to the overtime requirements of the FLSA unless they are paid on a salary basis. Below are details of this ruling and the impact it may have on employers.

Continue Reading U.S. Supreme Court Clarifies Salary Basis Requirement for Executive Exemption – Maybe?

The Federal Trade Commission (FTC) issued its Made in USA Labeling Rule on August 13, 2021 (the “Rule”), which has led to significantly increased enforcement in the area. Since then, the FTC has taken actions to enforce the Rule against certain companies. Below is background on the Rule itself, links to enforcement actions taken by the FTC thus far, and key takeaways for companies that market and label their products as Made in USA.

Continue Reading FTC MUSA Labeling Rule Enforcement

In the wake of the COVID-19 pandemic, the supply chain crisis has evolved into a contentious issue that has captured the attention of both consumers and retail businesses. Specifically, there has been a significant emphasis on challenges related to international ocean transportation. Within the supply chain, ocean container transport plays a crucial role for retailers and consumer brand businesses. However, this aspect of the supply chain is characterized by a complex set of technical jargon, regulations, and fees that are imposed on companies importing and exporting goods to and from the United States, which can be both confusing and challenging.

Continue Reading Supply Chain and Logistics 101 for Retailers and Consumer Brands

In case you missed our March 23 webinar on regulatory and litigation developments facing the product manufacturing, food and beverage, and retail industries, a recording of the webinar and a copy of the presentation materials are now available.

If you are interested in learning more about any of the related topics covered during the program, please contact one of the speakers listed below.

McGuireWoods Speakers