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WWD Names Arent Fox a Top Retail Practice

Arent Fox’s Fashion Law group was recommended as one of the best retail practices in the country by WWD, which encouraged retailers to call on the firm’s attorneys when faced with issues that threaten their bottom line.  

Online Retailer and Executive Plead Guilty to Price-Fixing Conspiracy Conducted Via Social Media and Text Messaging

An online retailer and its president recently pled guilty to a price-fixing conspiracy for customized promotional products that was implemented through text messaging and social media platforms. The successful prosecutions are the latest in the Department of Justice’s ongoing antitrust investigation into the online promotional products industry.  

Instagram Signals to #Influencers That There’s a #NewSheriff in Town

TLDR Instagram has a message for social media Influencers: the Wild West is coming to an end. The popular photo-sharing platform is rolling out a new tool that will make it easier to tag and track paid commercial content. The tool offers a potential replacement for the much loathed “#ad” disclosure, but it also signals a coming crackdown on Influencer posts.

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

Facts Matter in Non-Compete Agreements – Even as to Choice of Law and Venue

In a decision with important consequences for employers with national non-compete programs, a Massachusetts Superior Court Judge recently invalidated the Massachusetts choice-of-law and forum-selection provisions of a non-compete agreement between a Massachusetts company and its former, California employee. See Oxford Global Resources, LLC v. Hernandez, No. 1684CV03911-BLS2 (Mass. Super. Ct. June 9, 2017). The court determined that the agreement was adhesory and designed to circumvent California public policy.

Save Me! San Francisco Enacts Salary History Law

Following the lead of other states and cities, on July 19, 2017, San Francisco Mayor Ed Lee signed the “Parity in Pay Ordinance” into law. The Ordinance, which takes effect on July 1, 2018, prohibits San Francisco employers from asking job applicants about their salary history or from considering earnings information in determining whether to hire an applicant and what salary to offer them.

Federal Court Holds Employer’s Attorney Can Be Sued For FLSA Retaliation Over Deportation Effort

In addition to requiring payment of minimum wage and overtime, the federal Fair Labor Standards Act protects employees from retaliation for making a complaint, testifying, or instituting a proceeding “under or related to” the FLSA. A new decision from the US Ninth Circuit Court of Appeals underscores the scope of this protection.

Delaware Becomes the 'First State' to Enforce Ban on Employer Requests for Salary History

On June 14, 2017, Governor John Carney signed a new law that will prevent Delaware employers from requesting the salary history of job applicants. It is designed to narrow the pay gap between men and women. The law currently will be the first state law of its kind to go into effect on December 14, 2017. Although Massachusetts passed a similar law, it does not go into effect until January 2018. Employers cannot be sued under Oregon’s law until January 1, 2019. New York City, Philadelphia, and Puerto Rico have also passed

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.

Gymboree Sends Itself To Time-Out

Unlike the parenting technique that requires a misbehaving child to sit in a designated area for a set amount of time, Gymboree Corporation, the well-known San Francisco-based company that operates specialty retail stores of children’s apparel, will serve its time-out before Judge Keith L. Phillips in the US Bankruptcy Court for the Eastern District of Virginia.