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Retail Law Advisor

Category Archives: Liability

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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

Cyber Liability Insurance – Does Your Retail Business Need It?

Posted in Insurance, Intellectual Property, Liability, Risk Management

The news is full these days of hackers stealing credit card and other customer information from United States retailers such as Home Depot, Target, and Neiman Marcus (and the federal government) among others. These mega-breaches make great headlines, but what about smaller retailers? Are smaller retailers and restaurants targets for cyber criminals? The answer is… 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

Don’t Be Pinocchio: Avoid Liability for False Advertising

Posted in Compliance, Liability, Retail

Are you at risk of being sued for false advertising? In our media-saturated and highly competitive commercial environment, companies use a wide range of creative strategies to capture and retain consumer interest. These strategies often include making statements about other companies’ products or services. But when does such advertising go too far? The Lanham Act… Continue Reading

A Tenant’s Employee has a Criminal Record. How Does a Landlord React?

Posted in Employment, Landlords, Liability, Retail, Tenant

Employers often are faced with applicants or employees who have criminal backgrounds. There is legislation which provides guidance to employers who wish to make pre-employment inquiries, establishes certain access to criminal offender record information (“CORI”) and provides for a process by which employers may make employment decisions based on CORI. While for the most part… Continue Reading

When The Unthinkable Happens: Owner Liability For Homicide In Shopping Malls

Posted in Landlords, Liability, Retail, Risk Management

In 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