Category: Regulatory
Airbnb Slashes Boston Inventory to Meet New Requirements
The number of Airbnb listings in Boston has been cut in half due to local ordinances regulating the operation of short-term rentals. Boston is not the only city pushing back on Airbnb, a company that is battling local city governments across the country while simultaneously addressing concerns about safety...
Bag Bans: The War on Plastic Bags
Grocery shoppers used to make the final decision of their supermarket trip in the checkout line. Reaching for boxes of cereal, cartons of eggs, and jars of jam in their rolling metal carts, placing those items onto slow-moving counter conveyor belts, they weighed two options. Paper or plastic? Which...
Update: Tip Pooling by Restaurant Owners is Guided by Tip Income Protection Act of 2018
When we last looked at tip pooling at restaurants and who would be permitted to be included, the laws and regulations were in flux. Since then, the Tip Income Protection Act of 2018 was signed into law. Among other things, in instances where the employer is paying full minimum...
“We’ve Updated Our Privacy Policy”
How the EU’s New Data Protection Law is Changing Data Policy Considerations for American RetailersIf you have ever made an online purchase, chances are that you have received at least one email in the last month notifying you that a company’s privacy policy has changed. These emails are part of efforts to comply with the General Data Protection Regulation (known as the “GDPR&rdquo...
A Changed World: The Supreme Court Permits State and Local Taxation of Online Sales by Retailers with No State Presence
A Changed View of Online Sales Tax for Out-of-State RetailersWith the growing and evolving retail world, which we have discussed before , one thing had remained constant: retailers did not have to collect sales tax for online sales to states in which they had no physical presence. Thanks to the Supreme Court, that principle had remained a...
A World of Trademarks at INTA 2018 Annual Meeting in Seattle
During the week of May 20, 2018, members of the Goulston & Storrs Intellectual Property Group joined over 10,500 attendees from around the world for the 140th Annual Meeting of the International Trademark Association (INTA). Held in Seattle, Washington, the INTA 2018 Annual Meeting attracted an incredibly diverse group of...
No More Lifetime Guarantees – The Importance of a Balanced Return Policy
In February 2018, L.L. Bean made the tough decision to change its lifetime return policy , which had been in existence for over a century. Following the policy change, the company received backlash from its customers , with many of them voicing their frustrations on twitter. One user tweeted...
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...
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...
Update: Tip Pooling by Restaurant Owners Remains in Flux
This past April, we reported on a recent Ninth Circuit ruling which upheld a 2011 Department of Labor (“DOL”) rule that prohibits restaurants from instituting tip-pooling arrangements that include both front-of-house staff that are customarily and regularly tipped (such as waiters, waitresses, bellhops, and service bartenders) and back-of-house staff...
Surprises For International Retailers Coming to the USA
We are all aware that stateside landlords long for that new, fresh idea—something they can show off at their mall or street location and that can’t be found in every mall in every city in the country. Successful international retailers are aware of this potentially lucrative avenue to increase...
Coming to a Retailer Near You: Made in USA Labeling Requirements
Patriotism is a hot topic in the United States. One study shows 51% of American consumers will pay higher prices to buy American made products. Not surprisingly, manufacturers actively promote products with the red, white and blue labels proudly proclaiming “Made in USA” to capture those consumers. In fact...
The Skies Are Alive With the Sound Of Drones: The FAA Implements Drone Registration Requirements
It happened again—another incident involving an errant drone and a resident from the Garden State. As reported by various news sources, a New Jersey man attempted to photograph the Empire State Building with his drone. He was arrested on reckless endangerment charges after crashing the drone into this iconic building...
The Pop-Up Regulatory Maze
Pop-up retail establishments, or “pop-ups,” generally refer to stores, restaurants, or events with a short duration. Pop-ups are typical for seasonal retail products, like Christmas or fireworks, but they have become common for designers (clothes, furniture, toys, etc.), restaurateurs (i.e., dinner clubs, food trucks), or other performers (concerts, parties...