Retail & Consumer Products Law Observer

Retail & Consumer Products Law Observer

Legal Insight for the Retail and Consumer Products Industry

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Disclaimer

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This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and… Continue Reading

Contact

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While we are happy to have you contact us, merely communicating with Crowell & Moring LLP or a Crowell & Moring lawyer does not create a lawyer-client relationship unless and until an agreement has been reached between you and the firm to handle a particular matter. Please do not convey to us any information you… Continue Reading

About Crowell & Moring LLP

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Crowell & Moring LLP has a comprehensive Retail Law Practice representing a broad spectrum of retail clients, including specialty retailers, department stores, and big-box retailers across the United States and internationally. Our services encompass a wide range of litigation and transactional services, as well as an international counseling practice. Our success is demonstrated by our… Continue Reading

Under California Constitution, Shopping Center May Not Prohibit Persons from Urging Customers to Boycott a Mall Store

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Case: Fashion Valley Mall, LLC v. National Labor Relations Board, Case No. S144753 (Cal. Sup. Ct. 12/24/07)The One Sentence Summary: Although shopping centers may enforce reasonable time, place, and manner rules to ensure that free speech activities do not interfere with normal business operations, they may not enforce content-based restrictions such as prohibiting speech that… Continue Reading

Entrance Area of Retailer’s Store in Shopping Center Is Not Public Forum for Free Speech Activity Under California Constitution

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Case: Van v. Home Depot, U.S.A., Inc., Case No. B190831 (Cal. Ct. App. 10/5/07) The One Sentence Summary: The California Constitution does not protect expressive activity in the area immediately surrounding the entrance of an individual retail store that does not itself possess the characteristics of a public form, even when the store is part… Continue Reading

Credit Card Processors Sued for Knowingly Aiding and Abetting Web Site’s Illegal Lottery Were Not Entitled to Dismissal

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Case: Schultz v. Neovi Data Corp., No. G033879 (Cal. Ct. App. 6/15/07) The One Sentence Summary: Complaint alleging that credit card processors had knowledge of and provided substantial assistance to web site’s operation of illegal lottery, wherein consumers had to make online purchases for the chance to win expensive home electronics products, stated a cause… Continue Reading

Lost Profits Award for Breach of Franchise Agreement Reversed As Too Speculative By Appellate Court

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Case: Parlour Enterprises, Inc. v. The Kirin Group, Inc., No. G036525 (Cal. Ct. App. 6/19/07) The One Sentence Summary: Lost profits awarded by jury for breach of franchise agreement were reversed due to speculative expert testimony based on unreliable proforma financial projections and market data for other restaurants not shown to be sufficiently similar to… Continue Reading