Header graphic for print
Retail Law Advisor

Category Archives: Retail

Subscribe to Retail RSS Feed

A Changing Retail Streetscape: Rethinking Shopping Center Parking Lots

Posted in Retail, Retail Sales

A recurring theme of this blog is that e-commerce, mobile devices, and evolving technology are changing the retail landscape. It seems that technology shifts are also poised to change the retail streetscape. More particularly, changes to the design and use of retail parking lots seems inevitable, and a significant opportunity, as shopper habits and preferences… Continue Reading

Gearing Up for MAPIC 2017

Posted in Retail

Our Retail Group is once again getting ready for the annual MAPIC Conference (le marché international professionnel de l’implantation commerciale et de la distribution)! For the 7th year in a row, our team is traveling to Cannes, France for the largest annual gathering of European retailers, brokers and developers.  MAPIC is one of the leading… Continue Reading

Retailers to the Rescue

Posted in Retail

Hurricane Harvey has traumatized southeastern Texas. With unprecedented rainfall, there are many people who need urgent help. The competitive retail market can be difficult and wonderful all at the same time. We see (time and time again) that when human needs emerge, retailers are often among the first to lend a desperately needed hand. Within… Continue Reading

America’s Next Top (Business) Model? Evaluating Fashion’s Big Experiment

Posted in Retail

Last year, scores of top fashion designers defied convention by abandoning traditional shipping schedules, which favored delivering collections four to six months after they appeared on Fashion Week runways, and moved instead to a system allowing designers the ability to give the “insta-generation” instant retail gratification. Faced with the challenges to the traditional Fashion Week… Continue Reading

Retail Hybrids: Following Trends in Cars, Sports and Food

Posted in Retail

Hybrids of many sorts have been trending in countless industries throughout the years and show no sign of fading away anytime soon.  Toyota announced that it sold its 10 millionth hybrid car this year, twenty years after launching its first Prius. Prior to this year’s NBA Final, the New York Times described four time NBA… Continue Reading

Artificial Intelligence in Brick and Mortar Retail

Posted in Retail, Retail Sales, Technology

Headlines about brick and mortar retail tend to be dominated by how these establishments are in decline while online retail is burgeoning. Fortunately for brick and mortar retailers, their demise is not preordained since tools from the online retail universe may also help them succeed. One such tool is artificial intelligence (AI), which is expected… Continue Reading

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

ICSC Deal Making Conference Explores the Changing Retail Industry

Posted in Retail

The ICSC New England Conference & Deal Making was held from July 18 through July 20, 2017 at the Hynes Convention Center in Boston. Registered attendance at the Conference was strong again this year, with over 1,200 people registered for the show. The sessions on the opening day of the show included a program on public/private… Continue Reading

E-commerce Is Changing the Definition of Retail Employment

Posted in E-commerce, Employment, Retail, Retail Sales

The retail landscape is in the midst of a mind-boggling – and fast-moving – evolution.  In a short amount of time, Americans have radically changed how they shop for things, utilizing multiple channels of shopping to meet their needs.  80% of Americans are now shopping online, and they utilize e-commerce for a wide range of… Continue Reading

Is Artificial Intelligence the Key to Retail Survival?

Posted in Retail, Retail Sales, Technology

In light of the sea change in the current retail landscape, which was punctuated by the recent acquisition of Whole Foods by Amazon, retailers today are forced to ask themselves: How will we combat disruption in our industry by giants like Amazon and its few peers? To what extent should we migrate to mobile shopping… Continue Reading

Happy 4th of July!

Posted in Holiday, Retail

During this week, we pause to proudly celebrate freedom across the United States. Our blogging team will resume providing timely information about issues that may be facing the retail industry next week. Thank you for subscribing to our retail blog.  Have a safe and happy Fourth of July! Warm Wishes, The Retail Law Advisor editorial… Continue Reading

Retailers Grow Successfully by Introducing New Brands

Posted in Retail, Retail Sales

As fashion retailers across the country jostle for market share in an ever-changing and ever-competitive marketplace, some retailers are trying to improve their bottom lines not by adjusting or expanding their offerings in each store but by opening differently branded stores separate from their flagship brands. Many retailers, especially those in the fashion world, have… Continue Reading

Amazon & Wal-Mart: Pinky and The Brain of Retail

Posted in Retail, Retail Sales

In the opening montage of the American animated series, Pinky and The Brain, Pinky asks his best friend, The Brain: “What do you want to do tonight?” To which The Brain replies: “The same thing we do every night; try to take over the world!” Doug McMillon (CEO of Wal-Mart) and Jeff Bezos (CEO of… Continue Reading

Forging a Legal Firewall: Recent Decisions May Shield Retailers from ADA-Based Website Inaccessibility Claims

Posted in Employment, Litigation, Retail

In a post published earlier this year, we commented on a surge of lawsuits being filed under Title III of the Americans with Disabilities Act (“ADA”). Title III of the ADA prohibits discrimination in the full and free enjoyment of public accommodations on the basis of disability. Where websites and mobile applications serve as extensions… Continue Reading

Boutique Retail Hotels: Introducing The New Meaning Of “In Room” Shopping

Posted in Hospitality, Retail, Retail Sales

In this ever changing world, retailers are continuing to invent new ways to highlight their products, provide customers with an interactive experience and to stay competitive. We have previously discussed strategies used by brick and mortar stores to compete with their online counterparts, but retailers know that they need to think even further outside of… Continue Reading

Class Action Lawsuits on the Rise under New Jersey’s Consumer Protection Laws – Which Retailers Will Be Targeted Next?

Posted in Litigation, Retail, Retail Sales

Does your retail business conduct sales online? For most retailers today, the answer is likely yes. This means that the recent surge of class action lawsuits against merchants arising out of a consumer protection law in New Jersey called the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) merits your attention. This statute is still relatively… Continue Reading

ICSC RECon 2017 – ICSC RECon Continues to Draw the Crowds

Posted in Real Estate, Retail

ICSC RECon 2017 was held last week from May 21-24 at the Las Vegas Convention Center. This year, the conference lived up to its billing as the “World’s Largest Retail Real Estate Convention” with an estimated crowd of 37,000.  This represents about a 2.7% increase over last year and continues the trend of growing attendance… Continue Reading

Getting Past the Last Mile: Delivery Challenges For E-Commerce Businesses

Posted in Retail, Retail Sales

E-commerce businesses have changed the relationship between consumers and retailers through the advent of expedited and low-cost home delivery services. Now, many consumers anticipate both free shipping with their purchase, and to receive their items in a short one to two day window. While there is significant growth in the online shopping market, high shipping… Continue Reading

The Future of Urban Retail: A Business Real Estate Roundtable

Posted in Real Estate, Retail

As the competitive retail marketplace continues to shape itself, we take an active role monitoring trends and uncovering the legal ramifications.  This week, we are pleased to share Crain’s New York Business Real Estate Roundtable. In this piece, the discussion centers on The Future of Urban Retail. Our partner and leader in New York real… 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

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case

Posted in Employment, Retail

Marijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became effective in December 2016 explicitly notes that employers retain their authority to implement policies and practices restricting employees’ use of marijuana,… Continue Reading

To Tax or Not to Tax Internet Retailers, that is the Question

Posted in Retail, Retail Sales, Tax

Since the dawn of the age of e-commerce, brick-and-mortar retailers have championed “the level playing field”. Their battle cry: Internet retailers should be subject to sales tax just like us! This disparity is largely the result of a 1992 US Supreme Court decision, Quill Corp. v. North Dakota, in which SCOTUS found that a business… Continue Reading

Supreme Court Says ‘Give Me a ©’ to the Fashion Industry

Posted in Intellectual Property, Litigation, Retail

A recent U.S. Supreme Court copyright decision analyzing cheerleader uniforms may have a profound impact on retailers, and on the fashion industry in particular. On March 22, 2017, the Supreme Court held in Star Athletica, L.L.C. v. Varsity Brands, Inc. that original design elements that are separable from the “useful article” upon which they are… Continue Reading