Retail Litigation Center Files 100th Brief

Milestone Marks Importance of Retail’s Voice in the Judicial

The Retail Litigation Center (RLC) announced the filing of its 100th brief.  The RLC was founded in 2010 to serve as the voice of the retail industry in the judicial branch with the mission of representing retail before all three branches of government – legislative, executive and judicial.  

Directed by the general counsel of the country’s leading retailers, the RLC helps courts understand the retail community and the issues of greatest importance to it. RLC briefs have been filed in federal and state appellate courts and cover a broad range of issues, including labor and employment, tax, intellectual property, data security, payment systems and more.  

“We are very pleased to reach the milestone of filing 100 briefs over the last seven years.  Helping courts understand the retail community is beneficial regardless of the outcome but we have been pleased to see express recognition of our contribution in multiple cases,” said Deborah White, president of the RLC. “It’s important that the retail industry have a voice in significant judicial proceedings and we look forward to continuing to serve as that voice in the years to come.”   

The RLC has filed briefs in its name alone, led retail and business coalition briefs, and lent the retail industry’s voice to the amicus briefs of other significant organizations. Collectively, these efforts now total 100 briefs filed.   

In its 100th brief, the RLC supported Macy’s petition for certiorari to the U.S. Supreme Court in Macy’s v. NLRB. At issue is whether the National Labor Relations Board (NLRB) properly certified a unit of cosmetics employees in a single store as an appropriate bargaining unit after a majority of the same store’s employees voted against the union’s bid to organize the whole store. The RLC’s brief explains the importance of the longstanding presumption that the “whole store” is the appropriate bargaining unit in the retail context, as well as the harm that will be caused to retail employees, customers and retail companies if the NLRB’s ruling is allowed to stand.  

This brief is just one of the 100 examples of how the RLC informs courts about the retail industry’s perspective on significant legal issues and highlights the potential industry-wide impact of pending cases. A fact sheet highlighting key cases and outcomes from these 100 briefs can be found here. 

The RLC is made up of legal executives from many of the country’s largest and most innovative retail companies and is governed by its own board of directors. To learn more about the RLC and to read a letter from the president, visit here

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The Retail Litigation Center is a public policy organization that identifies and engages in legal proceedings that affect the retail industry.  The RLC, whose members include some of the country's largest retailers, was formed to provide courts with retail industry perspectives on significant legal issues, and highlight the potential industry-wide consequences of legal principles that may be determined in pending cases.  

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