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Retail Law Advisor

Tag Archives: Retail

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

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

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

Copyright Compliance: (Re-)Register Your DMCA Agent in 2017 to Keep Your Website Docked in the Safe Harbor

Posted in Intellectual Property, Retail, Technology

The Digital Millennium Copyright Act (DMCA) “safe harbor” provisions shield certain online service providers from copyright infringement liability arising from content posted by users on their website. Provided that the service provider registers its DMCA agent and complies with the other statutory requirements, the service provider may encourage user interaction with its website with peace… 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

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

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

Oh the Sidewalks Outside Are Frightful, But Landlords Will Make Them Delightful… or Will They?

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

Although we haven’t seen much snow accumulation in the northeast to date, we know that this can (and likely will) change before the warmer weather returns. Before the snow really begins to fall, it would behoove both landlords and tenants to become informed about their snow clearing responsibilities and to ensure removal plans are in… 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

Happy New Year to the Retail Industry!

Posted in Holiday

As we welcome 2017, we wish to recognize our Retail Law Advisor readers and subscribers as we begin our 5th year of blogging this January. Because of you, we proudly mark this milestone with the blog’s inclusion on the ABA Journal’s Blawg 100 list. This list of blogs, created through a nomination process across thirteen… 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

FTC Publishes Data Breach Response Guidelines

Posted in Retail, Security, Technology

Whether resulting from a planned cyberattack or mere carelessness, data breaches are on the rise. In 2015, 781 data breaches were reported across the United States, with the average breach costing $3.8 million. In 2016, the total number of breaches is projected to increase, with the average cost per breach at $4 million, up 5%… 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