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Retail Law Advisor

Category Archives: Retail Sales

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Looking Inside the Mind of a Gen Z Shopper

Posted in Retail, Retail Sales

As the 2017 holiday season nears, consumers are getting ready to open their wallets and retailers are hoping their promotions will attract those consumers. Generation Z (“Gen Z”), which includes young people born in the mid-1990s to mid-2000s, is an important but often forgotten portion of the consumer population. There are about 2.5 billion Gen… Continue Reading

New Experiences, New Retail Opportunities

Posted in Retail, Retail Sales

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. That said, in light of the increased… Continue Reading

Robots Will Reshape – Not Replace – Retail Work

Posted in Restaurants, Retail, Retail Sales, Technology

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 shuttered stores also mean a loss of… Continue Reading

A Changing Retail Streetscape: Rethinking Shopping Center Parking Lots

Posted in Retail, Retail Sales

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 a significant opportunity, as shopper habits and preferences… Continue Reading

Artificial Intelligence in Brick and Mortar Retail

Posted in Retail, Retail Sales, Technology

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 artificial intelligence (AI), which is expected… Continue Reading

A Nation of Shopkeepers

Posted in Restaurants, Retail, Retail Sales

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 mortar is top of mind. It doesn’t seem… Continue Reading

E-commerce Is Changing the Definition of Retail Employment

Posted in E-commerce, Employment, Retail, Retail Sales

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 e-commerce for a wide range of… Continue Reading

Is Artificial Intelligence the Key to Retail Survival?

Posted in Retail, Retail Sales, Technology

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 extent should we migrate to mobile shopping… Continue Reading

Retailers Grow Successfully by Introducing New Brands

Posted in Retail, Retail Sales

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 those in the fashion world, have… Continue Reading

Amazon & Wal-Mart: Pinky and The Brain of Retail

Posted in Retail, Retail Sales

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 of Wal-Mart) and Jeff Bezos (CEO of… Continue Reading

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

Posted in Hospitality, Retail, Retail Sales

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 to think even further outside of… Continue Reading

Class Action Lawsuits on the Rise under New Jersey’s Consumer Protection Laws – Which Retailers Will Be Targeted Next?

Posted in Litigation, Retail, Retail Sales

Does your retail business conduct sales online? For most retailers today, the answer is likely yes. This means that the recent surge of class action lawsuits against merchants arising out of a consumer protection law in New Jersey called the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) merits your attention. This statute is still relatively… Continue Reading

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

Posted in Retail, Retail Sales

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 the online shopping market, high shipping… Continue Reading

To Tax or Not to Tax Internet Retailers, that is the Question

Posted in Retail, Retail Sales, Tax

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, in which SCOTUS found that a business… Continue Reading

The Rise of Concierge Retail

Posted in Retail, Retail Sales

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 in-store, online and via smartphone devices…. Continue Reading

End Of An Era Or Simply a Moment In Time?

Posted in Landlords, Leasing, Real Estate, Retail, Retail Sales, Tenant

What conclusions can we draw from the increasing vacancy rates in prime NYC retail real estate?  A momentary blip? Something we’ve seen many times before, only to be followed by the inevitable climb in rents to their customary stratospheric levels? Analysts claim that rents in the retail sweet spot of Madison Avenue between 57th and… Continue Reading

When in Rome: Our Take on the ICSC OAC (Open Air Summit)

Posted in Retail, Retail Sales

We know from our high school history lessons that large scale public shopping centers have been around since the days of the Roman Empire, if not before. The fabled open air markets of cities like Istanbul and Damascus still exist today and are often the backdrop of our favorite action movies and TV shows (anyone… 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 Power of the Melody Pushes Fashion Forward

Posted in Retail, Retail Sales

The many genres of music – particularly, rock, pop, hip-hop and country – have always pushed the needle forward in fashion. Musical icons from today and yesteryear have given a voice to fashion by creating a kinetic experience full of imagery and a visceral aesthetic that retailers long to foster in their brick and mortar… 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

Upscale Food Halls—On Trend and On The Rise

Posted in Landlords, Leasing, Real Estate, Restaurants, Retail, Retail Sales

The growth of high-end food halls is taking off around the country as consumers seek fast, fresh, high-quality, chef-driven meals with a local touch, and as landlords seek to cash in on the continued growth of fast-casual dining. These boutique-style, upscale food halls are modeled more after famous European markets like Barcelona’s Mercado de la… Continue Reading

Amazon Go: Let’s Get (More) Physical

Posted in Retail, Retail Sales

We recently noted that among the latest e-tail trends is the expansion of once exclusively online retail operations into physical store locations. In-store sales continue to dominate over online sales, with the U.S. Census Bureau reporting that online sales in the third quarter of 2016 accounted for only about 7.7% of all retail sales (which… 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

Coming to a Retailer Near You: Made in USA Labeling Requirements

Posted in Regulatory, Retail, Retail Sales

Patriotism is a hot topic in the United States. One study shows 51% of American consumers will pay higher prices to buy American made products. Not surprisingly, manufacturers actively promote products with the red, white and blue labels proudly proclaiming “Made in USA” to capture those consumers. In fact, some iconic American brands such as… Continue Reading