“Retail Rap” – Analysis of Business and Legal Trends in the Industry

From environmental concerns to accessibility in online shopping and the seemingly never-ending battle against counterfeiting, retail issues are making news—and presenting legal challenges to the industry. In this issue, we take a hard look at the developments shaping retail. We’re also excited to introduce a new Privacy and Data Security partner who helps clients across industries safeguard consumer data, a critically important facet of emerging payment systems. Welcome to our latest edition of Retail Rap.

– David Landau, Practice Group Leader

INCLUSION AND THE INTERNET—APPLYING ADA REGULATIONS TO RETAIL WEBSITES AND MOBILE APPS

As courts determine the applicability of the Americans with Disabilities Act (ADA) in the digital landscape, litigation involving the accessibility of online services is continuing to evolve. Recently, the U.S. Court of Appeals for the Ninth Circuit ruled that Domino’s Pizza must comply with the ADA to make online services—namely, their website and mobile application—fully accessible to people with visual impairments.

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REDUCE, REUSE, RECYCLE – FASHION’S ENVIRONMENTAL FOOTPRINT

A global fashion sustainability effort is kicking off in France, where fashion brands soon may find that they are barred from destroying or disposing of their unsold consumer products. According to recent press reports, the French government has announced its plans to consider, this summer, a measure that would require non-food products, such as clothing, electronics, and hygiene and cosmetic products, to be donated, reused, or recycled.

Crimes of Fashion: Developments in the War on Counterfeiting

A Q&A with Lynn E. Rzonca, Chair of Ballard Spahr’s Intellectual Property Department

Lynn E. Rzonca has more than 25 years of experience litigating trademark, advertising, copyright, and patent cases. On any given day, she may be enforcing trademark rights in federal court or before the U.S. Patent and Trademark Office, addressing infringement on social media, registering marks, or responding to a threat of patent infringement. In addition to helping leading retail clients protect and increase the value of their brands and IP assets, she advises clients during brand launches and advertising campaigns.

News at the Firm

Kim Phan, an attorney noted for her work on privacy and data security issues, has returned to Ballard Spahr as a partner. Ms. Phan counsels retail clients on privacy and data security law in areas including GDPR, the Telephone Consumer Protection Act, and other federal and state privacy and data security statutes and regulations. Her work in this area encompasses strategic planning and guidance for companies to incorporate privacy and data security considerations throughout product development, marketing, and implementation. She also assists companies with data breach prevention and response, including establishing effective data security programs prior to a breach and the assessment of breach response obligations following a breach. We are excited about the additional depth she brings to our Retail industry group.

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This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.