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Retail Law Advisor

Tag Archives: Massachusetts

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

Massachusetts Court Provides Helpful Guidance to Retailers on Attorney-Client Privilege with Outside Consultants

Posted in Liability, Retail

Attorney-client privilege refers to the legal rule that prevents communications between a lawyer and a client from being used in court. Courts have tended to keep the circle of the privilege fairly small. As a result, unintended waiver of the privilege, especially in the era of modern technology, is a risk. One way that the… Continue Reading

Rapidly Changing Tobacco Regulations Across Massachusetts

Posted in Compliance, Retail, Retail Sales

A significant number of Massachusetts cities and towns modified their tobacco regulations or bylaws during 2013 in an effort to minimize sales to minors and otherwise curb the use of tobacco products. In some towns, such as Canton, Ashland and Arlington, the legal age to purchase tobacco products was increased to 19, while in other… Continue Reading

Naughty or Nice? Criminal Background Checks for Seasonal Employees at the Top of the List

Posted in Employment, Retail

The recent story of a Mall Santa accused of sexually assaulting an 18-year-old coworker at the Hanover Mall in Massachusetts highlights the potential pitfalls of hiring for the holiday season. In this case, the seasonal employee was subjected to a criminal background check and had no criminal record. That said, the case highlights the fact that… Continue Reading

Plastic Shopping Bags Going the Way of Lead Paint? Many Say YES

Posted in Compliance, Retail

Last November, we reported on the growing trend in U.S. cities to pass bans on single-use plastic shopping bags and impose fees on the sale of other traditionally free bags provided in store checkouts. In 2013, it appears that the public desire to ban plastic shopping bags is gaining momentum, with officials now calling for… 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

For Purveyors of Medical Marijuana, Siting Dispensaries Gets Easier in Massachusetts, and Federal Tax Concerns Begin to Settle

Posted in Landlords, Municipalities, Real Estate, Retail, Tax, Zoning

Some retail landlords in Massachusetts will welcome medical marijuana treatment centers as tenants by the end of the year, and treatment center operators have recently had some good news regarding local land use and federal tax regulation of medical marijuana. Although many state governments are easing the path towards legalizing marijuana for medicinal use, local… Continue Reading

Changing Massachusetts Brownfields Regulations: Retailers Should Take Note of Upcoming May 17th Deadline to Comment

Posted in Development, Environmental, Green, Retail

A NAIOP event held at Goulston & Storrs recently focused on big changes coming to the Massachusetts Brownfields regulations, also known as the MCP. Retailers should take note of these regulations. They are directly relevant if you own or lease real estate in Massachusetts at which environmental contamination issues are (or were previously) present because… Continue Reading