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Retail Law Advisor

Category Archives: Restaurants

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A Nation of Shopkeepers

Posted in Restaurants, Retail, Retail Sales

David Rabinowitz and Matt Epstein who, with Nancy Davids, co-chair Goulston’s Retail, Restaurant and Consumer Group, spent some time in London last month surveying the retail landscape. There are both similarities and differences between the US and UK markets. Of course, the impact of ecommerce on bricks and mortar is top of mind. It doesn’t seem… Continue Reading

Give Me a Break: Break Me Off a Piece of That…Meal Kit?

Posted in Restaurants, Retail

Short on time and patience, consumers are jumping on the bandwagon of meal kits and meal kit delivery services, which have taken the retail food industry by storm.  Meal kits and meal kit delivery services – such as, Plated, Blue Apron, HelloFresh and Purple Carrot – are all the rage these days primarily due to… Continue Reading

Tip Pooling by Restaurant Owners-Remains in Flux

Posted in Restaurants, Retail

Restaurant owners with tipped employees should take note of several recent court cases which may affect their ability to cause restaurant employees to participate in “tip pooling,” particularly in instances where back-of-house employees are included in such tip pooling arrangements. The Fair Labor Standards Act (FLSA) allows employers to fulfill part of their federal minimum… Continue Reading

The Ascendency of Accessibility: Surge in Website Lawsuits Continues

Posted in Compliance, Employment, Restaurants, Retail, Technology

The proliferation of accessibility lawsuits under Title III of the Americans with Disabilities Act (ADA) has not abated. It is well-documented that ADA-related litigation increased by 37% from 2015 to 2016, which is symptomatic of long-term trends. Growth is fueled in part by litigants’ increased focus on internet-based technologies, including websites and mobile applications. This… Continue Reading

ICSC Mid-Atlantic Conference & Deal Making Recap

Posted in Landlords, Leasing, Real Estate, Restaurants, Retail, Tenant

With seemingly all of the country’s attention focused on Washington DC lately, we snuck out of the District and across the Potomac River to National Harbor last week for ICSC’s 2017 Mid-Atlantic Conference and Deal Making. The conference was very well attended, and the mood among attendees and presenters was generally upbeat. Anecdotally, the sentiment… Continue Reading

Upscale Food Halls—On Trend and On The Rise

Posted in Landlords, Leasing, Real Estate, Restaurants, Retail, Retail Sales

The growth of high-end food halls is taking off around the country as consumers seek fast, fresh, high-quality, chef-driven meals with a local touch, and as landlords seek to cash in on the continued growth of fast-casual dining. These boutique-style, upscale food halls are modeled more after famous European markets like Barcelona’s Mercado de la… Continue Reading

Mobile Payments: Exciting but Unknown

Posted in Restaurants, Retail, Retail Sales, Security, Technology

Mobile payment options are no longer the wave of the future. They are already here. It was projected that there would be almost 450 million mobile payment users worldwide by the end of 2016. These users generated $60 billion in mobile payment sales in 2016 alone.  Certain studies project that by the year 2020, 90… Continue Reading

The Power of Pop-ups: From Fad to Retail Mainstay

Posted in Landlords, Pop-up Retail, Real Estate, Restaurants, Retail, Retail Sales

Pop-up stores or “flash retail” have graduated from passing trend to popular practice. Historically utilized for the sale of seasonal products (think temporary stores that only sell Halloween costumes), the pop-up has evolved into an attractive option for retailers of all shapes, sizes and experience. Smaller, emerging companies have jumped on the pop-up as an… Continue Reading

Food For Thought: How Delivery-Only Food Service Is Impacting Retail Real Estate

Posted in Real Estate, Restaurants, Retail, Retail Sales, Technology

Today’s consumer is a tricky one – she is impatient and demanding.  She requires excellent service in the blink of an eye (or perhaps, more appropriately, in the swipe of a finger), and likes to eat meals made with high quality ingredients. Celebrity chefs have taken note. Chefs like David Chang, the man behind the… Continue Reading

Return of the Food Trucks – New Offerings vs. Old Favorites

Posted in Permitting, Real Estate, Restaurants, Retail

It’s that time of year again: flowers are blooming on the Common, the Red Sox had their opening day, and the best parts about Boston summer have started to reappear. This year, however, many of Boston’s beloved food trucks almost did not. Food trucks began to really take off in Boston in 2011, jumping on… Continue Reading

Bite Kite Rides into Town: Cambridge Start-Up Tests New Trends in Fast Food Delivery

Posted in Restaurants, Retail

Take-out customers want quality food without complication and want it fast – with an emphasis on fast.  In a service market increasingly focused on instant gratification, fast food providers are striving to reinvent delivery services to meet the demands of customers who have very little time to spare but desire healthier, sustainable food options.  In… Continue Reading

It’s Snowing (Again!) – What Responsibility Does a Landlord Have for Snow and Ice Removal?

Posted in Compliance, Landlords, Restaurants, Retail, Risk Management

After four major snowstorms have buried much of Massachusetts in more than six feet of snow, and with other areas of the country dealing with storms of their own, landlords nationwide are wondering how responsible they are for clearing and managing snow and ice that has accumulated in their parking lots and on their sidewalks…. Continue Reading

What’s on the Menu? A Look at the New FDA Quick Serve Restaurant (QSR) Labeling Requirements

Posted in Restaurants, Retail

We recently reported in to our clients about a little-known element of the Affordable Care Act (“Obamacare”) that will require many QSRs (Quick Serve Restaurants) to provide specific calorie and nutrition information to their customers and on their menus. Mandated by the legislation, it was left to the Food & Drug Administration (FDA) to implement. In… Continue Reading

When Fashion Met Style…Spin-Off Stores

Posted in Landlords, Pop-up Retail, Real Estate, Restaurants, Retail, Retail Sales, Tenant

Over the past few years, there has been a discouraging rash of mall vacancies and closings, as traditional department stores and retail chains have had to close shop, lick their wounds, and get back to the drawing board in hopes of reviving their brand names and regaining a foothold within the retail market. What truly… Continue Reading

Would You Like Fries with that Sweater? Retailer and Restaurant Pairings

Posted in Restaurants, Retail

As retailers continue to embrace the omni channel retail experience, our blogging team explores consumer behavior behind the new trends. One topic we have followed lately is the convergence of retail and restaurants. For years restaurants have put roots down in highly-trafficked areas like shopping malls, tempting weary consumers to relax in their comfortable chairs… Continue Reading

A “New World” of Fashion and Food

Posted in Landlords, Real Estate, Restaurants, Retail, Retail Sales, Tenant

In a world of Instagram, Facebook and SMS text marketing, being fleet of foot in an ever-changing world of retail advertising and sales is the name of the game. As retailers and restaurateurs navigate the treacherous waters of effective advertising, an amplified sense of haste has motivated these proprietors to explore additional means of creating… Continue Reading

Clowning Around and Reheating the Breakfast Wars

Posted in Intellectual Property, Restaurants, Retail

Taco Bell has joined the breakfast wars through the launch of its first breakfast menu. Taco Bell’s initial maneuver in this ongoing battle for breakfast customers takes direct aim at McDonald’s iconic breakfast menu. Taco Bell’s television commercials feature individuals named “Ronald McDonald” attesting to their “love” for “…Taco Bell’s new breakfast.” These commercials include… Continue Reading

A Glimpse into ICSC’s Annual Conference in New York

Posted in Restaurants, Retail

Snow and cold greeted the more than 7000 attendees for this year’s ICSC National Conference in New York City! Notwithstanding the inclement weather, attendees were busy between the two program venues, the Hilton and the Sheraton, but the energy was high. Overall, a big success for the ICSC again this year. As promised in previous… Continue Reading

Liquor Licensing Changes in Massachusetts Impact Landlord-Tenant Relationships

Posted in Landlords, Leasing, Restaurants, Retail, Retail Sales, Tenant

Retail landlords and tenants are heavily impacted by recent changes in liquor licensing forms generated by the Massachusetts Alcoholic Beverages Control Commission (ABCC) and increased background investigations related to license applications. Although Massachusetts restaurant and package store operators have long been accustomed to disclosing financial, operational and personal information to the ABCC to obtain their… Continue Reading

Review Your Retail Company’s Existing Business Interruption Insurance to Ensure Proper Coverage

Posted in Insurance, Restaurants, Retail, Risk Management

We welcome our affiliate, Fort Hill Risk Management LLC, as a guest blogger for today’s post. It is our hope that this advisory may help retailers address insurance issues in the wake of the Boston Marathon tragedy and other disruptions. The bombings at the Boston Marathon have been extraordinarily difficult for individuals and businesses alike. The… Continue Reading

Zoning for the All-In-One Commercial Space

Posted in Compliance, Restaurants, Retail, Zoning

Many zoning regulations were drafted decades ago in an era before all-in-one superstores. Accordingly, the form and structure of these regulations often reflects a single use-based regulatory scheme, with lists of dozens of commercial uses that are permitted in each progressive zone category. Today’s all-in-one commercial establishment typically provides many of these uses under one… Continue Reading

Restaurant Paradox: Encouraging and Discouraging New Restaurants in Washington, D.C.

Posted in Development, Landlords, Restaurants, Retail, Zoning

Research has suggested that zoning can have both anti-competitive and pro-competitive effects on retail establishments. The anti-competitive effects may be caused by limiting the number of certain types of retail establishments, by prohibiting some types of retailers, or by encouraging certain types of retailers over others. Other research has shown that zoning can increase competition… Continue Reading