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Retail Law Advisor

Tag Archives: Retailers

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

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

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

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

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

Selfies: Changing the “Face” of Retail

Posted in Retail, Technology

Selfies are everywhere. From selfie sticks to photo editing applications, people are looking for new and better ways to take photos of themselves. At the same time, retailers are creatively taking advantage of our selfie obsession. Companies such as Crest and Freshii have been gathering market research from consumer selfies through apps like Pay Your… Continue Reading

Set Pickup Location: Uber Is Coming to Retail

Posted in Retail, Retail Sales

On-demand delivery services, such as Uber and its competitors Lyft and Postmates, are increasingly taking steps that have the potential to offer a counterpunch to online retailers such as Amazon and may shake up the brick and mortar retail industry in a big way. UberRush: On-Demand Delivery Service Could Compete with Amazon Uber is rolling… Continue Reading

To Brexit or Not to Brexit? Our Observations on UK Retail

Posted in Real Estate, Retail

Our Retail team just returned from a week in London where we met with the firm’s UK-based retail clients and other retail industry professionals. The biggest topic of conversation centered around Brexit. On June 23rd, Britain will hold an historic referendum on whether the country will leave the European Union, which is often referred to… Continue Reading

Retailers’ On-Call Scheduling Practices Under Scrutiny in Eight States and D.C.

Posted in Employment, Retail

On April 12, 2016, New York Attorney General Eric Schneiderman sent letters to fifteen retailers requesting information regarding their use of “on-call shifts” in scheduling employees. The letters were similar to those letters sent by the New York Attorney General in April, 2015 with a critical difference – the Attorneys General from California, Connecticut, the… Continue Reading

The Newly Enacted Defend Trade Secrets Act: What Retailers Should Know

Posted in Intellectual Property, Retail

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (the DTSA), creating the first Federal civil cause of action for misappropriation of trade secrets. The DTSA overlaps substantially with, and does not preempt, the trade secret acts already existing at the state level and adds an additional, powerful… Continue Reading

Why is Omnichannel Retail so Hard?

Posted in Retail, Retail Sales, Technology

The retail industry has been evolving rapidly to keep up with new technology and consumer patterns. While the chief concern previously was about how traditional retailers could prevent the loss of market share to online retailers, now all retailers compete on all fronts in an omnichannel setting. In brief, omnichannel retail is about creating one… Continue Reading

Leveling the Playing Field: Mobile Location Analytics

Posted in Privacy, Retail, Technology

As brick-and-mortar retailers face increasing challenges to compete with their online counterparts, a new tool is helping to level the playing field: mobile location analytics. Traditionally, online retailers have had an advantage over brick-and-mortar stores from the voluminous data that could be gathered while customers perused the retailer’s website. This has allowed online retailers to… Continue Reading

3D Printing: Potential Pitfalls For Retailers

Posted in Intellectual Property, Liability, Retail, Technology

What is 3D printing?  3D printing, a seemingly futuristic method of manufacturing objects, is steadily moving into the mainstream as three dimensional printers have relocated from labs to the shelves of retail stores. 3D printing, or additive manufacturing, is a method of production where small machines –robots – build three-dimensional objects layer by layer, directed… Continue Reading

Does Your Website or Mobile App Discriminate?

Posted in Compliance, Retail, Technology

Are you confident that your business complies with federal anti-discrimination laws?  If you offer goods or services to the public through the Internet, the answer may not be as simple as you think.  Increasingly, lawsuits are targeting retailers and other service providers that have an online presence, claiming that if their websites and/or mobile apps… Continue Reading

Coalition Loyalty Programs Spread to Retail Shopping In the U.S.

Posted in Retail, Retail Sales

Seven major brands, including Macy’s, Rite Aid and ExxonMobil, recently joined forces to launch “Plenti,” a loyalty program that encompasses an entire team of retailers. American Express, which operates the program, previously established successful coalition loyalty programs in Poland, Germany, India, Mexico and Italy, and similar programs have been in place in Canada, the European… Continue Reading

Small Retailers Again Face Increased Health Insurance Costs

Posted in Healthcare, Insurance, Retail

The owners of small retail businesses in Massachusetts have come to expect to pay higher health insurance costs than their counterparts in the rest of the country, and unfortunately last year was no exception. According to a recent survey by the Retailers Association of Massachusetts (“RAM”), premiums for small retailers in Massachusetts rose an average… Continue Reading

The Pop-Up Regulatory Maze

Posted in Licensing, Permitting, Pop-up Retail, Regulatory, Retail, Retail Sales, Zoning

Pop-up retail establishments, or “pop-ups,” generally refer to stores, restaurants, or events with a short duration. Pop-ups are typical for seasonal retail products, like Christmas or fireworks, but they have become common for designers (clothes, furniture, toys, etc.), restaurateurs (i.e., dinner clubs, food trucks), or other performers (concerts, parties) to conduct a one-time event, to… Continue Reading

When Fashion Met Style…Spin-Off Stores

Posted in Landlords, Pop-up Retail, Real Estate, Restaurants, Retail, Retail Sales, Tenant

Over the past few years, there has been a discouraging rash of mall vacancies and closings, as traditional department stores and retail chains have had to close shop, lick their wounds, and get back to the drawing board in hopes of reviving their brand names and regaining a foothold within the retail market. What truly… Continue Reading

Would You Like Fries with that Sweater? Retailer and Restaurant Pairings

Posted in Restaurants, Retail

As retailers continue to embrace the omni channel retail experience, our blogging team explores consumer behavior behind the new trends. One topic we have followed lately is the convergence of retail and restaurants. For years restaurants have put roots down in highly-trafficked areas like shopping malls, tempting weary consumers to relax in their comfortable chairs… Continue Reading

Retailing and Technology: Once an Afterthought, Now a Brave New World

Posted in Retail, Retail Sales, Technology

In a post last month, we mentioned the continued debates over brick-and-mortar and e-commerce driving innovation in the retail industry. Ultimately, technology enhances a shopper’s experience but does not necessarily replace it. Much has been discussed about the success of retailers who embrace the omni channel experience. Whether it be e-retailers such as Bonobos or… Continue Reading

Would You Like That Retail Purchase Take-Out or Delivery? The 2014 Holiday Season Saw Brick-and-Mortar Retailers and Shopping Centers Increasingly Offering Same-Day Delivery Services

Posted in Retail

Necessity is the mother of invention, as they say, and online retailers such as Amazon and Zappos (each offering free 2-day shipping to their Prime and VIP customers, respectively) are certainly driving traditional brick-and-mortar retailers and shopping center owners and operators to make in-store shopping a more streamlined and convenient experience. In addition to “shoppable… Continue Reading