We’ve all had the experience of being asked for our ZIP code when making a purchase. Collecting this information at point of sale or otherwise has been a common and growing practice among retailers. However, a recent decision by the Massachusetts Supreme Judicial Court (“SJC”) in Tyler v. Michaels Stores, Inc. on March 11, 2013… Continue Reading
Tag Archives: Retailers
Recent Decisions Potentially Expand Scope of Landlords’ Bankruptcy Claims Beyond the Rent Cap
Posted in Bankruptcy, Landlords, Leasing, TenantWhen a tenant files for bankruptcy and rejects its lease, the Bankruptcy Code limits a landlord’s rejection claim to the amount of any unpaid rent and rent-related charges accrued prior to the tenant’s bankruptcy plus future rent and rent-related charges (e.g., common area maintenance charges, real estate taxes) reserved under the lease (without acceleration) for… Continue Reading
Changing Massachusetts Brownfields Regulations: Retailers Should Take Note of Upcoming May 17th Deadline to Comment
Posted in Development, Environmental, Green, RetailA 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
A Big-Box Retail Store in the City? “If They Come, We Will Build It.”
Posted in Real Estate, RetailRay Kinsella, the baseball enthusiast played by Kevin Costner in the movie “Field of Dreams,” heard the now infamous words: “If you build it, he will come.” Relying on nothing more than blind faith, Ray risked financial ruin to build the baseball field of his dreams. The prophecy ultimately came true and consumers came from… Continue Reading
Taxing Conditions for Traditional “Brick-and-Mortar” Merchants: Can Marketplace Fairness Be Restored?
Posted in Retail, TaxIf you blinked last Friday you might have missed a rare moment of Senate bipartisan agreement with potentially huge implications for the retail community. And as surprising as any bipartisanship is in the current political climate, even more surprising was the subject of Friday’s accord: taxes. The Marketplace Fairness Act, which received a filibuster-proof 75… Continue Reading
Zoning for the All-In-One Commercial Space
Posted in Compliance, Restaurants, Retail, ZoningMany 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
Hacking It in the On-Line Environment: Mitigating Harm from Cyberattacks
Posted in Intellectual Property, Retail, Risk Management, TechnologyCyberspace has been abuzz with discussions about the recent hacking of Burger King’s Twitter account and the ensuing scramble to exercise damage control. The perpetrators who took over the account were able to post profane messages and change the profile picture to a McDonald’s logo, claiming that Burger King had been acquired by its rival…. Continue Reading
New Energy Efficiency Requirements in Store for Commercial Buildings in Massachusetts
Posted in Compliance, Environmental, Green, RetailOwners, managers, and developers of commercial buildings in Massachusetts need to be alert for impending updates to the Commonwealth’s energy efficiency standards. In addition to adopting mandatory changes to the State Building Code, regulators may also update the Stretch Energy Code. Although some transition period will likely be provided, the new standards will soon take… Continue Reading
Best Buy Offers “Low Price Guarantee” to Combat Showrooming
Posted in Retail, retail salesSHOWROOMING UPDATE: On February 15, 2013, Best Buy announced that it will launch an online price-match policy, effective March 3, 2013. Best Buy’s policy is similar to the policy adopted by Target in early January, which we covered here. Interested observers should continue to monitor developments in the battle against “showrooming,” including whether any… Continue Reading
Big-Box Retailers Provide Alternative Forms of Access to Financial Services
Posted in Banking, Finance, RetailSeveral large, national retailers have recently entered or expanded their reach into the market for financial services. Their initiatives have given consumers new banking and credit alternatives. At the same time, however, the new products may attract scrutiny under existing banking laws and their ultimate prospects remain to be seen. In October 2012, Walmart partnered… Continue Reading
Restaurant Paradox: Encouraging and Discouraging New Restaurants in Washington, D.C.
Posted in Development, Landlords, Restaurants, Retail, ZoningResearch 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
Targeting One’s Competitors: The Use of Price Matching Policies to Combat “Showrooming”
Posted in Retail, retail salesLast August, we addressed the phenomenon known as “showrooming” experienced by owners of bricks and mortar stores, whereby customers evaluate products in the stores but ultimately buy the product from a different online retailer at a lower price. On January 9, 2013, Target announced a new price match policy, which extended a holiday-season promotion designed… Continue Reading
Is Your Product Really “Green”? Marketing Environmentally Friendly Products under the FTC “Green Guides”
Posted in Environmental, Green, RetailRetailers that market their products as environmentally friendly or “green” should take note of the latest updates to the Federal Trade Commission’s Green Guides. The Green Guides are intended to protect consumers from misleading claims in advertisements, labeling, promotional materials and all other forms of marketing. Marketers are expected to use clear language and to… Continue Reading
Coming to America: Retailers Entering the US
Posted in RetailThis past November, Goulston & Storrs hosted a booth at the MAPIC retail conference in Cannes, France. A hefty percentage of the 8,000 attendees were European retailers who expressed a serious interest in expanding their operations to North America. The legal and operational issues facing these aspiring retailers run the gamut from employment, tax and… Continue Reading
Snow and Ice Removal: The Duties of Commercial Property Owners and Tenants
Posted in Landlords, Retail, TenantDuring the winter months, owners and tenants of commercial property should be sure they understand their legal duties to remove snow and ice and the liability risks if they fail to do so. If a visitor to a store slips and falls in the icy parking lot, for example, the property owner and the tenant… Continue Reading
Working With a Complainer: Avoiding Claims for Retaliation
Posted in EmploymentLike most businesses, retailers sometimes face claims of employment discrimination from current employees. Many times those claims are made against individual supervisors as well as against the business itself. Often, the claims are filed by current employees who continue to work after complaining, in a very personal way, about the conduct of the people who… Continue Reading
Staying High and Dry: Considerations of Landlords and Tenants in Floods
Posted in Insurance, Landlords, Risk Management, TenantWhile landlords and their tenants in areas like New York City continue to recover from flooding in the wake of Hurricane Sandy, landlords and tenants of one of Washington, D.C.’s premier waterfront destinations are still reeling from the after effects of a 2011 storm that caused severe flooding in the nation’s capital. According to the… Continue Reading
Recap of 42nd Annual US Shopping Center Law Conference: October 24-27, 2012
Posted in RetailThe International Council of Shopping Center (“ICSC”) held its 42nd annual US Shopping Center Law Conference in Orlando from October 24-27. Approximately 1,350 attendees representing a diverse cross-section of the retail real estate industry attended the four-day program, which included more than 65 sessions on a range of hot-button topics and recent developments on various… Continue Reading
Retail Business Incubators Bolstering Local Economies
Posted in Leasing, Municipalities, RetailVacancy rates are still well above historic levels in neighborhood and community shopping centers and on “main streets” nationwide – a lingering effect of the economic downturn in 2008-2009 . In response, some retail owners, nonprofits and municipalities are experimenting with retail business incubators as a means to fill vacancies and bolster the local economy…. Continue Reading
MAPIC: Bringing Together International Retail and Real Estate
Posted in Real Estate, RetailThe upcoming MAPIC conference takes place on November 14-16 in Cannes, France. This conference is an essential stop for international retailers and it is dedicated to the retail real estate industry. MAPIC brings together international retail and real estate leaders to explore the most innovative projects, discover new retail properties, forge partnerships, close deals and… Continue Reading
When The Unthinkable Happens: Owner Liability For Homicide In Shopping Malls
Posted in Landlords, Liability, Retail, Risk ManagementIn the wake of recent open mall shootings in New Jersey, Toronto, Michigan and Texas, many observers reacted by wondering how these incidents could have been prevented and who may share responsibility for them. The extent of a property owner or landlord’s liability may be surprising. For example, a July 2012 decision by a New… Continue Reading
Not So Fast: The Coming of Age of Mobile Money?
Posted in Retail, TechnologyWith the recent release of the iPhone 5, many consumers are eager to try a bevy of apps and features designed to make their lives more fun, connected, and convenient. But consumers may be disappointed to find one long-anticipated convenience missing from their newest smartphones – a built-in “mobile wallet” that would allow them to… Continue Reading
The Use of Advertised Price Policies to Combat “Showrooming”
Posted in Retail, retail salesMost consumers have probably purchased a product online after scouring the Internet for the best price. This may explain the increasing phenomenon, known as “showrooming,” which presents mounting challenges to bricks and mortar retailers. The practice involves consumers browsing physical stores and evaluating, trying on or testing a product in person but then leaving the… Continue Reading
An Exurban Dilemma: To Urbanize or Not to Urbanize?
Posted in Retail, TransportationAt its July 3rd meeting, the Loudoun County, Virginia Board of Supervisors voted to support the extension of the DC-area’s Metrorail rapid transit system into the county, a decision that the president of Loudoun’s Chamber of Commerce called “a huge investment in Loudoun’s future…important not just for our economy in the next quarter or the… Continue Reading
Subscribe to this blog by email
Subscribe to this blog via RSS
Tax Law Roundup
Goulston & Storrs
Follow Us on Twitter
Follow Us on LinkedIn