This series of Updates contains information regarding issues and trends facing the retail industry during the holiday season. The list below highlights all of our published Updates on this topic.
2024
Compliance Tips for Retailers During the
Holiday Season
12.02.2024
The holiday season marks the busiest time of the year for
retailers. Though this a joyous time, retailers should be mindful
of inherent employment law risks to remain off the naughty list
after the holiday season ends.
'Tis the Season... for Cybercriminals:
A Holiday Reminder for Retailers
11.22.2024
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. This time of year presents a
perfect storm of risks, making it crucial for retailers to stay
vigilant.
One Rocky Sleigh Ride: Antitrust and AI
Pricing
11.14.2024
Artificial intelligence can provide invaluable assistance to the
retail industry, but AI pricing requires special care. Use of AI to
assist with setting prices could put businesses on the U.S.
Department of Justice and Federal Trade Commission naughty
list.
A Greener Holiday Future: California
Establishes Nation's First Apparel and Textile Article EPR
Program
10.16.2024
As the holiday season begins, California is making a commitment to
a greener future by introducing the nation's first extended
producer responsibility program for apparel and textiles with the
Responsible Textile Recovery Act of 2024.
2022
New Year's Resolutions for Successful
Brand Partnerships in 2023
01.05.2023
While celebrity-brand partnerships can have huge upsides for
companies and influencers alike, not all collaborations result in
happy endings. By conducting due diligence and securing reasonable
contractual protections before entering a relationship, brands and
personalities can start their partnerships on the right foot and
help protect their value and reputations.
Keep Your New Year Happy and Bright With
These Ad Law Tips
12.29.2022
Another new year approaches, so it's time for retailers to
revisit advertising and marketing law compliance strategies to
avoid class actions, regulatory enforcement actions, and competitor
challenges. In this Update, we share our picks for the top five
U.S. marketing law topics that deserve your attention in 2023.
This Year Don't Let the Grinch Steal Your Insurance
11.18.2022
Forfeiting insurance coverage on a covered claim is a quick way to ruin the holidays. Every year, tens of thousands of covered claims are left unpaid due to clerical mistakes by policyholders or their brokers.
Coal in the Stocking for Retail Employers:
The California Privacy Rights Act
10.20.2022
As the California Privacy Rights Act replaces its predecessor, the
California Consumer Privacy Act, on January 1, 2023, retailers face
a significant amount of compliance preparation—and right at
peak season.
Are We All "Manual Workers"
Under New York Law?
10.03.2022
In the retail environment, customer service is paramount. Workers
spend their time answering questions, stocking shelves, organizing
displays, sourcing and sizing, and, yes, even gift-wrapping
sometimes. But they're not assembling the products, so they
certainly aren't "manual workers," right? Not
necessarily.
2021
Child Labor and COVID-19—It's
Time to Make Meaningful New Year's Supply Chain
Resolutions
12.28.2021
With the new year approaching, this is an excellent time to turn
over that new leaf and commit to starting, or reestablishing, good
habits. Businesses should be no different.
Ad Law Resolutions for
2022
12.16.2021
'Tis the season for retailers to set best practices to avoid
class actions, regulatory enforcement actions, and competitor
claims.
State Privacy Laws: The Gift That Keeps on
Giving?
12.07.2021
Though it was not long ago that resolutions of California Consumer
Privacy Act readiness ushered in the new year, 'tis the season
once again to deck the halls with privacy compliance
checklists.
Employers Are Offering Different Types of
Shots at This Year's Holiday Parties
11.16.2021
Employer vaccination policies are probably the hottest workplace
topic in this final quarter of the calendar year. Some employers
are even planning to offer COVID-19 vaccination shots at holiday
parties to make it easier for employees to get vaccinated.
Regift Responsibly This Holiday
Season
11.08.2021
While recommerce is not new, its renaissance and shift to
e-commerce has raised issues that resellers and brands will need to
navigate, including possible expansion of secondhand-dealer laws to
ecommerce and avoiding IP infringement through proper product
authentication.
2020
Hot Ad Law Topics for
2021
12.14.2020
For retailers, the holiday season is indeed the "most
wonderful time of the year."
This Holiday Season, Don't Open
Pandora's Box!
10.28.2020
For retailers, the holiday season is indeed the "most
wonderful time of the year."
Stuffing the Holiday Stockings with Two
Handy Supply Chain Disclosure Charts . . . and one Top Five
Mistakes List!
10.13.2020
[Warning: The juxtaposition of joyous holiday festivities and
forced labor is not intended to make light of human rights
violations, but to assist companies in avoiding common mistakes in
their anti-human trafficking disclosure statements.]
Verifying Santa's
Helpers
10.05.2020
The holiday season and holiday shopping may look a little different
this year, especially as more purchases are made online.
Variable Hour Employee Benefits
Eligibility Under COVID-19
09.18.2020
COVID-19 has forced many employers to make unanticipated changes to
their workforce, with many retailers rolling out a combination of
furloughs, layoffs, and breaks in service to address changing
market demands and shelter-in-place orders.
2019
New Year, New Worker Protections:
Preparing for SB 5258
12.23.2019
Beginning January 1, 2020, Washington employers in industries
including hospitality, retail, security, and contracted property
services will need to comply with a new law amending the Washington
Law Against Discrimination (WLAD).
'Tis the Season for Gift
Cards
12.23.2019
It's hard to know what to give to everyone on your list this
holiday season. For the 13th year in a row, the National Retail
Federation found gift cards are the most popular item on holiday
wish lists, requested by 59% of those surveyed.
Hot Ad Law Topics for
2020
12.12.2019
Resolve this new year to avoid advertising mistakes that could
result in class actions, regulator enforcement, or competitor
claims.
Looking to 2020: Will PFAS Be the Next
Wave of Consumer Products and Coverage
Litigation?
10.30.2019
As businesses gear up for the busy holiday shopping season and
prepare product lines for the new year, manufacturers and
distributors of consumer products must be ready to manage new risks
that are likely to appear in the new year.
2018
Managing the Privacy and Data Security
Risks of IoT This Holiday Season
12.05.2018
As brick-and-mortar retailers seek effective ways of competing with
the perceived convenience of online shopping, more and more are
turning to the Internet of Things (IoT) to enhance customer
engagement, in-store experience, and administrative and personnel
efficiencies. As with the adoption of many new technologies,
however, IoT use is not without its data privacy and security
risks.
Hot Ad Law Topics for the New
Year
11.27.2018
Don't let the new year be ruined by U.S. class actions,
regulatory enforcement actions, or competitor claims. Here are five
ad law takeaways for brand and legal teams to consider as 2019
approaches.
All I Want for Christmas...Is a New
Privacy Law?
10.25.2018
Beyond preparing for this year's holiday rush, retailers around
the country have started thinking about potential changes to their
operations in response to California's sweeping new consumer
privacy law.
Pop-Up for the Holidays
10.17.2018
Pop-ups are a fun and effective way to engage new clients and
increase brand awareness while keeping overhead costs low. While
these temporary retail stores have been embraced by both retailers
and consumers, the approach has the following significant legal
considerations that should be kept top of mind.
12 Questions Retailers Should Ask to Avoid
Ghosts of Privacy Breaches Past
10.12.2018
As retailers head into the holiday shopping season, the ghosts of
privacy breaches past may come to mind just as easily as the 12
days of Christmas carol!
Leveraging Artificial Intelligence and
Machine Learning to Improve Holiday Sales
09.25.2018
Retailers worldwide are predicted to spend an unprecedented $2
billion on artificial intelligence/machine learning (AI/ML)
capabilities in 2018. By 2022, that number will jump to over $7
billion.
2017
We Trust Santa's Factory is Free of
Forced Labor and Corruption—Your Supply Chains Should Be
Too.
12.19.2017
[Warning: The juxtaposition of the jolly old man and forced labor
is not to make light of human rights violations but to highlight
the hidden evils in supply chains and the potential reputational
damage to wholesome brands.]
Top Considerations for Companies Engaging
in Political Expression
12.08.2017
We all know to avoid the topic of politics with family and friends
at the holidays, but in recent months, American companies and the
CEOs who lead them have spoken publicly on social and political
issues like never before.
California Updates Its Auto-Renewal
Law
10.19.2017
From fashion clothing in the mail to gym memberships to monthly
mobile app subscriptions, the subscription-based business model is
everywhere and here to stay.
Give Your Customers the Gift of
Security
09.18.2017
2017 has reminded us that data security threats continue to evolve
and that the stakes for companies can be very high if their data
security programs fail to evolve as well.
Some Holiday Cheer for a Challenging
Retail Environment
09.06.2017
It would be an understatement to say that 2017 has been a difficult
year for the retail sector. Store closings and bankruptcy filings
punctuate the news almost daily. However, challenges beget
opportunities, and this situation is no different.
Will NAFTA Renegotiation Bring Joy to
Retailers?
08.29.2017
Retailers are looking ahead to the holiday season, but many are
also watching the North American Free Trade Agreement (NAFTA)
renegotiation, which is ambitiously (and improbably) slated to
conclude around the holiday season.
'Tis the Season to Plan Ahead for
Celebrity Endorsement Campaigns
08.11.2017
The holiday season is around the corner, and retailers are planning
their holiday marketing campaigns. Celebrity endorsements continue
to be a popular way to bolster brand recognition and goodwill
during the holidays and beyond, and brands routinely partner with
celebrities to develop ad campaigns for TV, print and social
media.
2016
How Big Retailers Can Avoid Newest Wave of
Deceptive Price Advertising Lawsuits
12.13.2016
Los Angeles City Attorney Mike Feuer last week announced the filing
of four lawsuits against some of the largest retailers in the
United States, accusing them of misleading customers by advertising
a "sales price" alongside an inflated "original
price."
Don't Let Forced Labor and Bribery in
Your Supply Chains Spoil the Holidays
11.28.2016
Bluetooth beacons can be a powerful tool for customer engagement.
The 2015 holiday season saw retailers experimenting with this kind
of proximity marketing, and 2016 is looking like it will see the
large-scale deployment of Bluetooth beacons.
Bluetooth Beacons: What You Need to
Know
11.10.2016
Bluetooth beacons can be a powerful tool for customer engagement.
The 2015 holiday season saw retailers experimenting with this kind
of proximity marketing, and 2016 is looking like it will see the
large-scale deployment of Bluetooth beacons.
Avoiding Lawsuits under the
ADA
08.03.2016
As retailers enter the holiday season amid a period of increased
compliance lawsuits related to the Americans with Disabilities Act
(ADA), we offer some timely ways to steer clear of potential ADA
pitfalls.
2015
Make Your Insurance Policies List and
Check It Twice
11.23.2015
As the holidays rapidly approach, it is a perfect time for
retailers to review their insurance policies and understand the
extent of their coverage. Seasonal hires, new products and
revisions in services may expose retailers to uncovered risks.
Advertising Holiday Discounts? How
Retailers Can Avoid Lawsuits
11.02.2015
With the holidays approaching, retailers and their advertising
partners are preparing for the busiest time of the year. Sales
advertising is a staple of holiday marketing campaigns, which often
include "former price" comparisons, in which retailers
emphasize new, lower prices reduced from pre-holiday
"regular" prices.
Could a Vendor's Lax Info Security
Ruin Your Holiday Sales? Seven Preventative Steps for
Retailers
10.23.2015
Many of the largest retailer data security breaches have been
caused or enabled by the acts or omissions of retailers'
vendors, such as the widely publicized incident at Target
Corporation.
The Price of Customer Loyalty: Rewards
Programs and Sales and Use Tax Issues
09.21.2015
Retailers and other businesses use loyalty and rewards programs to
draw in customers throughout the year. However, there are several
sales and use tax consequences of promoting consumer loyalty.
How Retailers Can Stay Out of Trouble with
the CPSC this Holiday Season
08.19.2015
Right along with tinsel and eggnog, the annual list of dangerous
toys and products issued by consumer watchdogs has become a holiday
tradition.
Can This Holiday Be Saved? Retail Distress
in the 2015 Buying Season
06.09.2015
In the ramp up to this holiday season, the record number of retail
and mall closures and bankruptcies should put retailers and their
vendors on alert.
2014
Top 12 Ways Retailers Can Address Privacy
Issues This Holiday Season
12.11.2014
In this installment of "Perkins Coie Wrapping Papers," we
take inspiration from "The Twelve Days of Christmas" to
provide an overview of the top twelve privacy and data security
issues retailers should consider as the year comes to a close.
Avoid a Class Action Lawsuit Landing in
Your Holiday Stocking
11.06.2014
The holidays are quickly approaching, and shoppers are expected to
spend in excess of $600 billion this season. The holiday season is
shaping up to become a winter wonderland for retailers.
ADA Claims Coming for Retailers This
Holiday Season for Inaccessible Websites
10.21.2014
The Department of Justice takes the position that websites are
covered by the Americans with Disabilities Act (ADA). More claims
are being filed by plaintiffs targeting retailers whose websites
are inaccessible to consumers who are blind or have low vision.
Retail Leasing: Tis' The Season to
Make Your List and Check It Twice
09.17.2014
The holiday shopping season is fast approaching and for the brick
and mortar retail industry, it is a critical time. Whether you are
a landlord of a shopping center, a long-term retail tenant, or a
temporary seasonal tenant, there are several leasing issues that
arise during the holidays that are worth noting.
'Tis the Season for Government
Contracts: Five Key Compliance Issues for Retailers Selling to the
Government
07.29.2014
As retailers move closer to the end of the government fiscal year
in September, 'tis the season for receiving government
contracts. Federal agency budget authority for discretionary
spending generally mandates that agencies either obligate their
appropriated funds by the end of the fiscal year or return them to
the Treasury general fund.
The Perfect Package: A Checklist to Avoid
Legal Challenges
07.09.2014
Your product teams surely have already finalized their lineup of
holiday winners, the new gizmos and must-have widgets that you hope
end up on everyone's wish lists.
Risk of Data Breaches Keeping You Up?
Assess Data Security Before The Holiday Season
06.17.2014
As retailers prepare for the upcoming holiday shopping season,
Perkins Coie's Retail & Consumer Products industry group is
proud to introduce its 9th annual "Perkins Coie Wrapping
Papers." These updates will highlight some of the legal issues
retailers face during this critically important holiday shopping
season.
2013
Don't Let Your Super Sale Become a
Violent Stampede
11.21.2013
Earlier this week, the federal Occupational Safety and Health
Administration issued the news release, "Crowd Management
Measures Are Critical During Major Sales Events," and sent a
reminder to major retailers and retail associations about the need
to take precautions to prevent employee injuries during major sales
events.
Don't Let the Grinch Steal Your
Holiday Season: Preserving Your Right to Rebuild Your Business
After a Disaster
11.05.2013
The one-year anniversary of 2012's Hurricane Sandy has just
passed, which is a fitting occasion to think about how or if your
business could be rebuilt after suffering complete or near
destruction.
Don't Let Liability Exposure Be the
Grinch That Ruins Your Holiday Season
10.15.2013
With the holiday season quickly approaching, it's a
particularly good time to check your internal procedures. As you
are certainly aware, a disappointed customer, or worse, an injured
user, can assert claims against manufacturers, distributors and
retailers, among others, in many U.S. jurisdictions. In this
increasingly global economy, it can be more difficult than ever to
make sure you are properly and fully protected against these types
of risks.
Dressing Up Your Trademarks for the
Holidays
06.24.2013
Are you contemplating dressing up your trademarks for the holidays?
Adding a jaunty Santa hat and garlands to your company name on your
website and shopping bags? Animating your logo to spin like a
dreidel or fly like Rudolph? Maybe adorning your word marks with
candy cane stripes? Using your trademarks to embrace the holiday
spirit can freshen your brand image, infuse it with energy and
differentiate it from your competitors.
2012
The Retail Point of Sale Goes
Mobile
12.20.2012
Mobile point-of-sale payment terminals have experienced explosive
growth over the past year. Unlike a traditional point-of-sale
terminal, a mobile terminal communicates wirelessly when processing
payment cards. There are different types of solutions in the
market, but one popular type is an application within a mobile
device, like a smartphone or tablet, that uses a hardware
attachment to swipe payment cards.
Don't Let a Data Breach Diminish Your
Retail Profits This Holiday Season
11.28.2012
For the first time, online retail sales exceeded $1 billion on
Black Friday and reached nearly $1.5 billion on Cyber Monday this
year. Analysts expect this increase in e-commerce to continue, and
Forrester Research estimates that online sales this holiday season
will exceed $68.4 billion—a 15 percent increase over
2011.
An Addition to Your Holiday List: Seasonal
Tenants and Lease Reviews
09.11.2012
Retail property owners and retailers alike are always looking for
ways to increase their revenues in a cost-effective manner,
especially during the holiday season when a large percentage of a
retailer's profits are typically earned.
Making a List, Checking It Twice: Are
Santa and His Elves Your Employees? (This and other wage-hour
issues to consider during the holidays.)
08.16.2012
In the holiday rush, it's easy to overlook wage-hour issues.
This Wrapping Paper discusses common ones to which you should be
alerted.
2011
'Tis The Season of Employee Theft:
Steps to Ensure Your Fidelity Insurance Will Cover Your
Losses
11.15.2011
Increased store traffic, the shift in management's attention to
keeping stock available and the barrage of seasonal employees
create an environment ripe for crimes of opportunity such as
employee theft.
Ho, Ho, Hold On! Do We Have the IP Rights
for This Campaign?
11.08.2011
The winter holiday season poses high sales potential for most
retail companies. Your designers and marketing groups are likely
already hard at work developing products and advertising campaigns
to take advantage of the season and its opportunities.
Holiday Music – 'Tis the Season
to Secure Music Licenses and Examine Fourth Quarter Royalty
Fees
10.20.2011
Music and holiday shopping go hand-in-hand. Chances are, your final
plans for holiday-themed décor, events and websites will all
involve music. This wrapping paper is designed to help your
creative team design and implement a music protocol that protects
intellectual property ("IP") rights without breaking your
holiday budget.
2010
Keyword Advertising Update –
Navigating Unsettled Waters to Protect Your Mark and Promote Your
Business
10.08.2010
This is the second update in the 2010 Perkins Coie Wrapping Paper
Series. Over the next few months, Perkins Coie will be publishing
additional updates regarding issu...
Washington State Retail Sales Tax
Litigation
10.08.2010
Retail & Consumer Products industry group is proud to introduce
its fifth annual "Perkins Coie Wrapping Papers." These
updates highlight legal issues facing retailers during this
critically important sea...
2009
Despite Flurry of Claims, California
Courts Gift Retailers With Narrow Interpretations of Song-Beverly
Credit Card Act: Some Tips for Compliance Under Recent
Rulings
11.16.2009
If you are a retailer with brick-and-mortar stores in California
and accept credit cards for payment, take note. You may want to
take a few simple steps to avoid liability for an increasing number
of claims under an old law that has received a lot of recent
attention.
The H1N1 Flu: Retailers – Be
Prepared
11.11.2009
The Holiday season this year carries with it not only high hopes
for successful sales but the threat of widespread – and
increasing – influenza outbreaks. Retailers are uniquely
threatened by the flu: sales personnel are routinely exposed to
hundreds of shoppers in close quarters, shaking hands, handling
merchandize, and exchanging cash. But careful planning can help
minimize the impact on your sales force.
The Truth About "Green"
Advertising Claims
10.22.2009
Environmentally friendly advertising claims effectively grab the
attention of consumers hungry for "green" products and
services. But as you prepare your holiday advertising, there are
several things to keep in mind if you are making "green"
claims.
Combating Counterfeiting, Piracy and
Gray-Market Goods
10.01.2009
Remember the hype surrounding Tickle Me Elmo in 1996, Sony's
Playstation in 1995 and, if you're old enough, the Cabbage
Patch Kids in 1986? Each holiday season features new
"must-have" gifts—that toy your child just cannot
live without or that next generation video game or console or that
one special pair of boots.
Loss of Shopping Center Tenants –
What Can You Do To Salvage Your Holiday Season?
09.16.2009
A center with a high vacancy level will likely experience a
significant drop-off in holiday shoppers visiting the center, so
you need to be proactive to minimize the impact.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
