After decades of dormancy, the Robinson-Patman Act (RPA), returned to the forefront of antitrust enforcement in early 2025—only to stumble swiftly. The RPA is an antitrust law that, at its core, prevents price discrimination among buyers that could harm competition....
Content By Alex E. Jones
Walmart Permits Amazon’s Multi-Channel Fulfillment Services: Implications for Brands
Walmart recently updated its shipping and fulfillment policies to permit its third-party merchants to use Amazon’s Multi-Channel Fulfillment (“MCF”) when fulfilling orders placed through Walmart’s marketplace. With this critical change, Walmart is enabling sellers to...
Rhode to Growth: e.l.f. Beauty’s Strategic Acquisition Signals a Bold Branding Evolution
The recently announced acquisition of beauty and skincare brand Rhode, founded by celebrity Hailey Bieber in 2022, for $1 billion by veteran cosmetics brand e.l.f. Beauty, marks a pivotal moment in the rapidly evolving beauty industry. What would be one of the largest...
The Hidden Impact of Tariffs: Why Brands Must Strengthen Online Enforcement Efforts
In today’s volatile global trade environment, tariffs have become a double-edged sword for brands. Intended to protect domestic industries, tariffs often lead to unintended consequences that pose significant challenges for brand owners—especially in the online...
Corporate Transparency Act Significantly Narrowed by FinCEN to Exempt U.S. Entities and U.S. Persons
FinCEN Narrows CTA Reporting Requirements On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule to significantly narrow the applicability of the Corporate Transparency Act (CTA) reporting rule to apply solely to foreign...
The Treasury Department Introduces a New Twist in the CTA Saga
On March 2, 2025, the U.S. Department of Treasury threw a new twist into the ongoing Corporate Transparency Act (CTA) enforcement saga by announcing that it will not enforce any fines or penalties against any U.S. citizens or domestic reporting companies that fail to...
The Corporate Transparency Act Returns: What You Need to Know
Beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act (CTA) are once again back in effect. In the latest in a line of dizzying decisions surrounding the CTA, in Smith v. U.S. Department of the Treasury, the U.S. District...
Personal Jurisdiction over Foreign Companies in the eCommerce Space
In a significant development for businesses in the eCommerce space, the U.S. Supreme Court has declined to review the Second Circuit's decision in Zembrka v. American Girl LLC, a case that allowed for the exercise of personal jurisdiction over a foreign company...
CTA Reporting Remains Voluntary Despite Recent Supreme Court Decision
On January 23, 2025, the U.S. Supreme Court stayed a nationwide preliminary injunction issued in Texas Top Cop Shop, Inc. et al. v. Garland et al., creating further legal uncertainty surrounding the Corporate Transparency Act (CTA). Despite this ruling, the Financial...
Corporate Transparency Act Whiplash Continues: Nationwide Injunction Reinstated by Fifth Circuit Court of Appeals
The Fifth Circuit Court of Appeals hit pause again on the reporting requirements of the Corporate Transparency Act (CTA), continuing a recent series of baffling legal developments. Specifically, on December 26, 2024, the Fifth Circuit reinstated the nationwide...