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Category Archives: Technology

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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

The Ascendency of Accessibility: Surge in Website Lawsuits Continues

Posted in Compliance, Employment, Restaurants, Retail, Technology

The proliferation of accessibility lawsuits under Title III of the Americans with Disabilities Act (ADA) has not abated. It is well-documented that ADA-related litigation increased by 37% from 2015 to 2016, which is symptomatic of long-term trends. Growth is fueled in part by litigants’ increased focus on internet-based technologies, including websites and mobile applications. This… 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

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

Retailers: Embrace Virtual Reality Now (But Also Be Careful)!

Posted in Retail, Retail Sales, Technology

We’ve previously addressed the hype that it is only a matter of time until brick and mortar retail succumbs to its online competitors. While we concluded that brick and mortal retail is not in danger of immediate extinction, such retailers cannot ignore that today’s culture requires the incorporation of technology into almost every aspect of the… Continue Reading

Food For Thought: How Delivery-Only Food Service Is Impacting Retail Real Estate

Posted in Real Estate, Restaurants, Retail, Retail Sales, Technology

Today’s consumer is a tricky one – she is impatient and demanding.  She requires excellent service in the blink of an eye (or perhaps, more appropriately, in the swipe of a finger), and likes to eat meals made with high quality ingredients. Celebrity chefs have taken note. Chefs like David Chang, the man behind the… 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

No Cash? No Problem: The Emergence of Cashless Retailers

Posted in Retail, Retail Sales, Technology

From the time we were little, putting birthday money into our piggy banks, cash has always been an important part of our lives. Now, imagine a world where cash is no longer king. Like so many other things that we thought were futuristic, a cashless society is becoming more of a reality and less of… Continue Reading

Digitizing Brick and Mortar: Geofencing and Geolocation Can Help Retailers Win at Omnichannel

Posted in Retail, Technology

We have blogged previously about the steady rise of e-commerce, the benefits and challenges of creating a cohesive omnichannel experience, and some of the special issues omnichannel creates for the landlord-tenant relationship. Customers may appreciate the convenience of omnichannel, but they do not spend much time thinking about where a sale technically takes place. Retailers and their landlords,… Continue Reading

Retailers Take Notice: Will Customers .shop at Your .store?

Posted in Intellectual Property, Retail, Technology

Have you thought about establishing a new distinctive web address for your business? Do you worry that someone else may try to register your brand name within one of the new generic top level domains (gTLDs)? Whether consciously or not, many retailers have been sitting on the sidelines during the rollout of new gTLDs. But… Continue Reading

Retailers Digitizing Daily Operations: From Mobile Payments to E-Receipts

Posted in Retail, Technology

When asked last year to name one technology that we rely on today that would no longer be around in 10 years, Microsoft CEO Satya Nadella responded: “fountain pens.” Some may question Mr. Nadella’s prediction of the imminent demise of pen and paper.  Indeed, such prognostications date back more than 40 years to a 1975… Continue Reading

Designed for Convenience: Three Ways Technology Can Enhance the Shopping Experience

Posted in Retail, Technology

Spending a weekend or a Black Friday waiting in long checkout lines can drive many consumers to make their purchases with online retailers, which offer convenient and fast shopping.  As competition with online retailers continues, retailers with brick and mortar locations are examining ways in which they can use technology to offer customers the same… Continue Reading

The Skies Are Alive With the Sound Of Drones: The FAA Implements Drone Registration Requirements

Posted in Regulatory, Retail, Technology

It happened again—another incident involving an errant drone and a resident from the Garden State. As reported by various news sources, a New Jersey man attempted to photograph the Empire State Building with his drone. He was arrested on reckless endangerment charges after crashing the drone into this iconic building. This is just the latest… Continue Reading

Website and Mobile App Accessibility: The DOJ Kicks the Can

Posted in Retail, Technology

In a previous post, we wrote about Title III of the Americans with Disabilities Act (“ADA”) as it applies to businesses’ public websites and mobile apps. At the time of our last writing, it was expected that the United States Department of Justice (“DOJ”) would publish its proposed rules regarding website accessibility under Title III… Continue Reading

“In fashioning myself, I fashion man” – E-Tailers Champion A Sartorial Renaissance in Masculinity

Posted in Retail, Retail Sales, Technology

When it comes to shopping, men generally fall into one of two camps: (a) those who simply don’t know how to shop and would rather book their next root canal before embarking on such an experience and (b) those who don’t have time to shop and shudder at the prospect of waiting in long lines…. 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

Apple Pay, Android Pay, Samsung Pay: Where’s Your Wallet?

Posted in Retail, Retail Sales, Technology

Last week Samsung launched its mobile payments app to compete with ApplePay and Android Pay, with much anticipation among technology bloggers. A few Technorati rushed to try the application so they could compare and contrast with the others. While it’s not likely that the general population will comparison shop for their payment system anytime soon,… Continue Reading

Omni-Channel Marketing: Maximizing the [In-Store] Shopping Experience

Posted in Retail, Technology

While retailers recognize that most purchases can be accomplished by conveniently using an electronic medium, they also know that “one click” shopping does not satisfy everyone. In order to capture this population and to entice the online shoppers to visit stores, brick-and-mortar retailers must use the technology available to co-exist with the virtual world and… 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

[Insert Your Trademark Here].sucks – Is Your Brand at Risk?

Posted in Intellectual Property, Retail, Technology

In recent years, the Internet Corporation for Assigned Names and Numbers (ICANN), the non-profit entity responsible for maintaining the Domain Name System of the Internet, has begun to introduce hundreds of new top-level domains.  Top-level domains (TDLs) are the last part of a domain name, some of the most common being .com, .org, and .edu. … Continue Reading