Matthew P. Horvitz

Matthew P. Horvitz

Counsel
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Matthew P. Horvitz

Blog Posts: Retail Law Advisor

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This blog keeps you connected to timely developments and emerging issues in retail law and covers a wide range of topics related to the retail, restaurant and consumer industry. We invite you to learn more about Goulston & Storrs and our Retail, Restaurant & Consumer Group.

No Relief in Sight from Website Accessibility Lawsuits

In February 2017, we reported on a surge in website accessibility lawsuits brought under the Americans with Disabilities Act (“ADA”). This litigation trend has accelerated over the past year and shows no signs of slowing down . Title III of the ADA prohibits discrimination against disabled persons in places...
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Rise of the Drones: Flying Over Newton and Registration Requirements Reinstated

The skies are a little friendlier for drones now that the Dutch police have suspended their squad of drone-hunting eagles . This is also great news for retailers, as drone popularity continues to soar with overall electronics sales . With more advanced technologies available to consumers and drones rapidly...
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The Ascendency of Accessibility: Surge in Website Lawsuits Continues

The proliferation of accessibility lawsuits under Title III of the Americans with Disabilities Act (ADA) has not abated. It is well-documented that ADA-related litigation increased by 37% from 2015 to 2016, which is symptomatic of long-term trends. Growth is fueled in part by litigants’ increased focus on internet-based technologies,...
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Are You Ready for the Attack? Online Brand and Reputation Protection

It starts with an inaccurate, possibly fake, online review. Then a post appears on a consumer complaint forum. Suddenly, there is a surge of false postings about your company on social media sites. Invariably, these anonymous postings appear prominently in search engine results, including Google. If you haven’t implemented...
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Lift Off for Commercial Drone Regulations

Drones are everywhere . Technological innovations have created countless commercial opportunities for drones, also known as unmanned aerial vehicles (UAVs). Until recently, however, the Federal Aviation Administration’s (FAA) prohibitions on drone commercialization have contrasted starkly with the soaring growth of drone-based businesses in Europe, Asia, and other parts of...
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What’s The Buzz Over Drones?

Technology has rendered irrelevant the longstanding debate over whether good fences make good neighbors. Authorities in New Jersey recently arrested a man after he shot down a neighbor’s drone that was flying above his property and recording pictures of his home . The law frowns on self-help, however, especially...
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Clowning Around and Reheating the Breakfast Wars

Taco Bell has joined the breakfast wars through the launch of its first breakfast menu . Taco Bell’s initial maneuver in this ongoing battle for breakfast customers takes direct aim at McDonald’s iconic breakfast menu . Taco Bell’s television commercials feature individuals named “Ronald McDonald” attesting to their “love”...
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Don’t Be Pinocchio: Avoid Liability for False Advertising

Are you at risk of being sued for false advertising? In our media-saturated and highly competitive commercial environment, companies use a wide range of creative strategies to capture and retain consumer interest. These strategies often include making statements about other companies’ products or services. But when does such advertising...
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Capitalize on the U.S. Market, But Protect Your Brand

Are your brands and valuable intellectual property adequately protected? Retailers entering into or expanding operations in the U.S. access a consumer base which spends more than four trillion dollars on retail goods annually . There are lucrative opportunities for foreign retailers to introduce fresh and innovative brands to U.S....
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