New Experiences, New Retail Opportunities

Despite all of the noise about the rise of e-commerce and omni-channel distribution and the demise of brick-and-mortar, 85% of retail sales are still made in physical stores , and physical stores will continue to be at the core of retailers’ efforts to enhance their brands and drive sales....
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2017 ICSC US Shopping Center Law Conference

San Antonio was host to this year’s ICSC US Shopping Center Law Conference , which occurred from October 25 through October 28, 2017. In-house counsel, counsel from outside law firms, tenant’s lawyers, landlord’s counsel, paralegals, lease administrators and others involved in the retail business came together to discuss the...
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Surprises For International Retailers Coming to the USA

We are all aware that stateside landlords long for that new, fresh idea—something they can show off at their mall or street location and that can’t be found in every mall in every city in the country. Successful international retailers are aware of this potentially lucrative avenue to increase...
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Medtail: Why Your Doctor Is Treating You in a Strip Mall

The retail universe is well aware of the hype that it is only a matter of time until brick and mortal retail succumbs to its online competitors .  However, despite the “doom and gloom” we generally see in headlines, retail has actually remained stable and, in fact, is thriving...
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Robots Will Reshape – Not Replace – Retail Work

As we have discussed in earlier blog posts , rapid changes in the retail landscape due to the rise of e-commerce and a shift in customer’s interests from old-school, one-stop department store shopping to experiential retail, has led to a recent wave of retail bankruptcies and store closings.  The...
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The Cure For The Last Mile? Retooling Shopping Malls as E-commerce Distribution Centers

In addition to gigantic warehouses that e-commerce companies are constructing away from population centers where real estate is limited or too pricey, shopping malls and former shopping mall sites are well poised to be the newest e-commerce logistics and distribution hubs. With the deluge of vacant malls and vacant...
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A Changing Retail Streetscape: Rethinking Shopping Center Parking Lots

A recurring theme of this blog is that e-commerce , mobile devices , and evolving technology are changing the retail landscape. It seems that technology shifts are also poised to change the retail streetscape. More particularly, changes to the design and use of retail parking lots seems inevitable, and...
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Gearing Up for MAPIC 2017

Our Retail Group is once again getting ready for the annual MAPIC Conference (le marché international professionnel de l’implantation commerciale et de la distribution)! For the 7th year in a row, our team is traveling to Cannes, France for the largest annual gathering of European retailers, brokers and developers....
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Retailers to the Rescue

Hurricane Harvey has traumatized southeastern Texas. With unprecedented rainfall, there are many people who need urgent help. The competitive retail market can be difficult and wonderful all at the same time. We see (time and time again) that when human needs emerge, retailers are often among the first to...
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America’s Next Top (Business) Model? Evaluating Fashion’s Big Experiment

Last year, scores of top fashion designers defied convention by abandoning traditional shipping schedules, which favored delivering collections four to six months after they appeared on Fashion Week runways, and moved instead to a system allowing designers the ability to give the “insta-generation” instant retail gratification. Faced with the...
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Retail Hybrids: Following Trends in Cars, Sports and Food

Hybrids of many sorts have been trending in countless industries throughout the years and show no sign of fading away anytime soon.  Toyota announced that it sold its 10 millionth hybrid car this year, twenty years after launching its first Prius. Prior to this year’s NBA Final, the New...
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Artificial Intelligence in Brick and Mortar Retail

Headlines about brick and mortar retail tend to be dominated by how these establishments are in decline while online retail is burgeoning. Fortunately for brick and mortar retailers, their demise is not preordained since tools from the online retail universe may also help them succeed. One such tool is...
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A Nation of Shopkeepers

David Rabinowitz and Matt Epstein who, with Nancy Davids , co-chair Goulston’s Retail, Restaurant and Consumer Group , spent some time in London last month surveying the retail landscape. There are both similarities and differences between the US and UK markets. Of course, the impact of ecommerce on bricks and...
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ICSC Deal Making Conference Explores the Changing Retail Industry

The ICSC New England Conference & Deal Making was held from July 18 through July 20, 2017 at the Hynes Convention Center in Boston. Registered attendance at the Conference was strong again this year, with over 1,200 people registered for the show. The sessions on the opening day of the...
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E-commerce Is Changing the Definition of Retail Employment

The retail landscape is in the midst of a mind-boggling – and fast-moving – evolution.  In a short amount of time, Americans have radically changed how they shop for things, utilizing multiple channels of shopping to meet their needs.  80% of Americans are now shopping online, and they utilize...
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Is Artificial Intelligence the Key to Retail Survival?

In light of the sea change in the current retail landscape, which was punctuated by the recent acquisition of Whole Foods by Amazon , retailers today are forced to ask themselves: How will we combat disruption in our industry by giants like Amazon and its few peers? To what...
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Retailers Grow Successfully by Introducing New Brands

As fashion retailers across the country jostle for market share in an ever-changing and ever-competitive marketplace, some retailers are trying to improve their bottom lines not by adjusting or expanding their offerings in each store but by opening differently branded stores separate from their flagship brands. Many retailers, especially...
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Amazon & Wal-Mart: Pinky and The Brain of Retail

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...
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Boutique Retail Hotels: Introducing The New Meaning Of “In Room” Shopping

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...
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ICSC RECon 2017 – ICSC RECon Continues to Draw the Crowds

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...
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Getting Past the Last Mile: Delivery Challenges For E-Commerce Businesses

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...
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The Future of Urban Retail: A Business Real Estate Roundtable

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...
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Give Me a Break: Break Me Off a Piece of That…Meal Kit?

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...
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Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case

Marijuana in the workplace is currently a hot topic for retail employers , especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became effective in December 2016 explicitly notes that employers retain their authority to implement policies...
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To Tax or Not to Tax Internet Retailers, that is the Question

Since the dawn of the age of e-commerce, brick-and-mortar retailers have championed “the level playing field”. Their battle cry: Internet retailers should be subject to sales tax just like us! This disparity is largely the result of a 1992 US Supreme Court decision, Quill Corp. v. North Dakota ,...
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Supreme Court Says ‘Give Me a ©’ to the Fashion Industry

A recent U.S. Supreme Court copyright decision analyzing cheerleader uniforms may have a profound impact on retailers, and on the fashion industry in particular. On March 22, 2017, the Supreme Court held in Star Athletica, L.L.C. v. Varsity Brands, Inc. that original design elements that are separable from the...
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The Rise of Concierge Retail

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...
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Tip Pooling by Restaurant Owners-Remains in Flux

Restaurant owners with tipped employees should take note of several recent court cases which may affect their ability to cause restaurant employees to participate in “tip pooling,” particularly in instances where back-of-house employees are included in such tip pooling arrangements. The Fair Labor Standards Act (FLSA) allows employers to...
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