Retail Litigation Center

The RLC recently filed a brief, joined by?Retail Industry Leaders Association (RILA) and the Texas Retailers Association, in the Supreme Court of Texas in premises liability litigation following a shooting. As the brief describes, retailers are experts in providing goods and services to the public and law enforcement are experts in de-escalating threats and identifying risks. The brief asks Texas’ high court not to hold retailers to a standard that would require them to engage in police-like conduct.?Thanks to?Randall W. and Emily Means for drafting the brief!

The RLC recently filed a brief in the 9th Circuit describing how retailers use session replay code to improve online shopping experiences, explaining why the mere use of session replay code does not create an Article III injury, and asking the 9th Circuit to issue a clear rule that use of the technology without more does not confer standing. Thanks to Aileen McGrath and Zach ZhenHe Tan for drafting this excellent brief!

Check out the RLC’s blog about the Supreme Court’s decision doing away with Chevron deference: get the highlights from the opinion, read 3 takeaways for retailers, and think about what this may mean for the future in an approximately 6 minute read.?

The Retail Litigation Center filed a brief yesterday in the Supreme Court of the United States explaining why the 9th Circuit's creation of a per se test for competition under the Robinson-Patman Act ignores economic realities, inflicts harm, and strays from longstanding interpretative principles for the RPA. Hearty thanks to Hashim Mooppan, Traci Lovitt, Kate Brockmeyer, and Alexis Zhang for their work on the brief!

The Retail Litigation Center filed a brief this week describing retailers’ intentionality in crafting every part of a store experience. Many retailers choose to cultivate an environment that is neutral on political or social issues to ensure a welcoming space for diverse customers and to build brand loyalty. The RLC's brief explains that both the First Amendment and the National Labor Relations Act protect retailers' right to exercise its own judgment on determining what messages to promote. Thanks to Thomas M. Johnson, Jr., Jeremy Broggi and Boyd Garriott for their work on the brief!

The Retail Litigation Center hosted Board Members and Guest CLOs at the United States Supreme Court on Wednesday during the RLC's spring Meeting of the Members and Retail Industry Leaders Association (RILA)'s Chief Legal Officer and Legal Direct Report Committees annual spring meetings. RLC President Deborah White moved the admission of the following RLC members who stood before the Chief Justice to be sworn in: Ann Aber (JOANN); Jenna Bedsole (AutoZone); Lacey J. Bundy (PetSmart); Rene Casares (Academy Sports); Tim Cheatham (Michaels); Christine (Tina) Dekker (Meijer); Matthew D'Ambrosio (Walgreens); Michael E. (Wawa); Ron M. (Five Below); Tracy Preston (Macy's); and Rhonda Taylor (Dollar General). The following RLC CLO guests joined us for the event: Bill Gabovitch (Primark); Tamara Conn (O'Reilly Auto Parts); and Vicki Donati (Crate & Barrel). Admittees and guests enjoyed hearing Justice Kagan and Justice Sotomayor read opinions from the bench and then observed oral arguments. The RLC looks forward to hosting additional RLC members as Supreme Court bar applicants soon.

The Retail Litigation Center and Retail Industry Leaders Association (RILA) filed a brief yesterday in Grants Pass v. Johnson. The brief highlights RILA’s Vibrant Communities Initiative, which embraces the power of partnerships to develop durable solutions to complex problems and explains why the unworkable constitutional standard put in place by the 9th Circuit immobilizes an important tool in the toolbox of responding to health and safety problems affecting retailers, consumers, employees and other members of all of our communities. https://lnkd.in/gq9UwEux

The Retail Litigation Center has followed N.Y. Section 191 pay frequency cases closely and filed an amicus brief in the recently decided Grant case – holding that there is no private right of action for alleged pay frequency violations when the worker received full pay. Check out RLC President Deborah White's comments on the importance of the Grant decision to retailers and potential next steps in this Bloomberg article and read more about the case in the RLC amicus brief linked in the comments. https://lnkd.in/g6Qc97Gn