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Retail Law Advisor

Category Archives: Retail Sales

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The Rise of Concierge Retail

Posted in Retail, Retail Sales

Retailers have always had to balance a number of different competing factors in order to stay competitive, including location, marketing and convenience. As discussed in this space, in today’s market, many retailers are employing an omni-channel retail strategy, making their items available for purchase through multiple channels, such as in-store, online and via smartphone devices…. Continue Reading

End Of An Era Or Simply a Moment In Time?

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

What conclusions can we draw from the increasing vacancy rates in prime NYC retail real estate?  A momentary blip? Something we’ve seen many times before, only to be followed by the inevitable climb in rents to their customary stratospheric levels? Analysts claim that rents in the retail sweet spot of Madison Avenue between 57th and… Continue Reading

When in Rome: Our Take on the ICSC OAC (Open Air Summit)

Posted in Retail, Retail Sales

We know from our high school history lessons that large scale public shopping centers have been around since the days of the Roman Empire, if not before. The fabled open air markets of cities like Istanbul and Damascus still exist today and are often the backdrop of our favorite action movies and TV shows (anyone… Continue Reading

Leveraging Digital Tech to Make Brick and Mortar Retail A Destination

Posted in Retail, Retail Sales, Technology

With a growing percentage of retail sales shifting online, brick-and-mortar retailers are adopting novel approaches to enrich the experience of avisit to their stores. In some cases, stores are using novel technologies to attract new customers. For a limited time, Bloomingdale’s flagship in Manhattan featured a “Clothing-to-Go” window display offering passersby the opportunity to control the… Continue Reading

The Power of the Melody Pushes Fashion Forward

Posted in Retail, Retail Sales

The many genres of music – particularly, rock, pop, hip-hop and country – have always pushed the needle forward in fashion. Musical icons from today and yesteryear have given a voice to fashion by creating a kinetic experience full of imagery and a visceral aesthetic that retailers long to foster in their brick and mortar… Continue Reading

The (Border) Adjustment Bureau: Hold On to Your (Imported) Hats

Posted in Cross Border, Retail, Retail Sales, Tax

Retailers would be wise to pay close attention to the upcoming tax-plan deliberations of the 115th U.S. Congress. A proposal currently being considered would adjust the U.S. corporate tax by making imports a non-deductible expense. This adjustment is intended to create incentives for domestic production, as companies would no longer be able to reduce their… 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

Amazon Go: Let’s Get (More) Physical

Posted in Retail, Retail Sales

We recently noted that among the latest e-tail trends is the expansion of once exclusively online retail operations into physical store locations. In-store sales continue to dominate over online sales, with the U.S. Census Bureau reporting that online sales in the third quarter of 2016 accounted for only about 7.7% of all retail sales (which… 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

Coming to a Retailer Near You: Made in USA Labeling Requirements

Posted in Regulatory, Retail, Retail Sales

Patriotism is a hot topic in the United States. One study shows 51% of American consumers will pay higher prices to buy American made products. Not surprisingly, manufacturers actively promote products with the red, white and blue labels proudly proclaiming “Made in USA” to capture those consumers. In fact, some iconic American brands such as… Continue Reading

Blockchain – The Future of Real Estate?

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

Bitcoin and blockchain technology have been gaining publicity in recent years, and although they are primarily known for their use as a digital payment system, there are also promising uses in many areas where trust, cost and efficiency can be improved, including real estate. So what is blockchain, exactly? Blockchain is a distributed ledger system… Continue Reading

May your Days be Merry and Blue Laws Compliant

Posted in Compliance, Holiday, Retail, Retail Sales

‘Tis the season to eat turkey, drink pumpkin-flavored lattes, and, of course, shop.  With Black Friday and the holiday season just around the corner, it is important for retailers to remember that Massachusetts has specific laws that restrict when and if businesses can operate on Sundays and holidays and that address employee compensation and scheduling… Continue Reading

What Now? Post-Election Thoughts for the Retail Industry

Posted in Retail, Retail Sales

Elections are emotionally charged events and yesterday’s U.S. Presidential Election proved no exception.  Regardless of which way you voted, we now have a new President in Donald Trump. So, what does his election mean for retail sales?  No one can say for sure at this point, but we thought Forbes.com provided a compelling commentary. Here… Continue Reading

Black Friday: May You Finally Shop in Peace

Posted in Retail, Retail Sales

Black Friday has traditionally been the day that retailers and consumers gleefully mark on their calendars. Since its inception in the late 1980s and early 1990s, Black Friday has been considered the blast-off point for the holiday season, ushering in bountiful sales as consumers fall for the frenzy of “door-buster” deals. This formerly one-day sales… Continue Reading

Paid Celebrity Endorsements in Social Media: The FTC Is Watching

Posted in Retail, Retail Sales

How much trust do you place in celebrities who endorse products on social media platforms such as Instagram, Snapchat, Facebook, Twitter, and YouTube?  Do you stop to consider whether they are compensated for their efforts and, if so, how much? Studies have shown, for example, that influencers who have 50,000 – 500,000 followers on Instagram… 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

Retailers: Embrace Virtual Reality Now (But Also Be Careful)!

Posted in Retail, Retail Sales, Technology

We’ve previously addressed the hype that it is only a matter of time until brick and mortar retail succumbs to its online competitors. While we concluded that brick and mortal retail is not in danger of immediate extinction, such retailers cannot ignore that today’s culture requires the incorporation of technology into almost every aspect of the… 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

FACTA Check: Credit and Debit Receipts Can Show Injury-in-Fact

Posted in Compliance, Litigation, Retail, Retail Sales

In a series of recent decisions that have important implications for retailers, large and small, federal courts have allowed consumer class actions to proceed against businesses for violation of the Fair and Accurate Credit Transactions Act (“FACTA”), even where the consumers did not allege actual damages resulting from the violation. FACTA requires businesses that accept… Continue Reading

The Future of Retail: Brick and Mortar!

Posted in Retail, Retail Sales

If you believe the hype, it is only a matter of time before brick and mortar retail succumbs to its online competitors.  Recent decisions made by several stalwart retailers appear to support this theory: Macy’s recently announced that it would close 15% of its stores, The Sports Authority and Radio Shack each conducted full chain… Continue Reading

“In-Season Relevancy” Is in Season this September

Posted in Pop-up Retail, Retail, Retail Sales

The fashion industry is at a crossroads. Designers must decide whether to continue the age-old tradition of previewing their collections during Fashion Week four to six months before they are available in stores (with fall looks shown in February and spring looks shown in September), or buck tradition in favor of providing instant retail gratification… Continue Reading

Arriving Now: An Uber Alternative to Parking Validation

Posted in Retail, Retail Sales, Transportation

We previously wrote about how on-demand delivery services, such as Uber and its competitors Lyft and Postmates, have the potential to provide brick and mortar retailers with an answer to Amazon’s delivery service. Services such as UberRush now allow retailers to serve customers who are looking to skip the shopping trip entirely by providing on-demand… Continue Reading

No Cash? No Problem: The Emergence of Cashless Retailers

Posted in Retail, Retail Sales, Technology

From the time we were little, putting birthday money into our piggy banks, cash has always been an important part of our lives. Now, imagine a world where cash is no longer king. Like so many other things that we thought were futuristic, a cashless society is becoming more of a reality and less of… Continue Reading

The Implications of Trademark Infringement Decisions: Aw “Chucks”

Posted in Intellectual Property, Retail, Retail Sales

There is a growing population of fashionistas and #sneakerheads skyrocketing the sales of fashion retailers and traditional sneaker companies, such as @Nike and @Converse. Forbes contends that sneakerheads represent approximately 5% of the $22 billion dollar sneaker market in the U.S., which works out to roughly $1.1 billion dollars. Sneakerheads have an undeniable economic impact… Continue Reading