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Retail Law Advisor

Category Archives: Retail

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Settlement Opens Door For Outer Borough Outlet Centers

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

In August 2017, Simon Property Group (“SPG”) and the Office of the Attorney General of the State of New York (“NYAG”) entered into an Assurance of Discontinuance (the “Settlement”) regarding alleged anti-competitive effects of radius restrictions used by SPG in leases at the Woodbury Common Premium Outlets (“Woodbury Commons”) and The Mills at Jersey Gardens… Continue Reading

A Grocery Attack on Multiple Fronts

Posted in Retail, Retail Sales, Technology

Amazon has entered the grocery store space with a bang. From the recent opening of its AmazonGo store, to its acquisition of Whole Foods last August, Amazon has threatened to disrupt the grocery store industry and has jolted the stock price of many of its competitors. But will these new developments have a material impact… Continue Reading

Facial Recognition in Retail: “Attention all Shoppers: We Already Know Everything about You”

Posted in Privacy, Retail, Security, Technology

Are you worried that “Alexa” is listening to your conversations? Do you cover your laptop camera with tape and refuse to store your passwords on your devices? Well, it looks like even stepping into the mall may require full-body armor if you wish to keep your basic data truly private. Retailers are increasingly utilizing advanced… Continue Reading

Foreign Retailers Entering New Markets: Finding A Home Of One’s Own

Posted in Real Estate, Retail, Retail Sales

The first task facing a retailer entering a new market? To find its customer. This chore takes on more significance for foreign retailers venturing into a complex, expansive and heterogeneous market such as the United States. Depending upon the soundness of the choice, the proverbial pot at the end of the rainbow could be filled… Continue Reading

What Does Tax Reform Mean for Retail?

Posted in Retail, Tax

We all know now that the federal corporate tax rate for many retailers is dropping this year from an industry effective average rate of 32.9% to 21%, as a result of changes implemented by the so-called “Tax Cuts and Jobs Act” which was signed into law on December 22, 2017. Retailers with cash overseas will… Continue Reading

Five Important Employment Trends for Massachusetts Retailers in 2018

Posted in Employment, Retail

Having survived the holiday shopping season, retailers should begin to prepare for any new employment laws that will go into effect in the coming year (and, of course, should ensure that they are complying with existing laws). This process can be even more challenging for retailers with stores in multiple locations, particularly if those stores… Continue Reading

Rise of the Drones: Flying Over Newton and Registration Requirements Reinstated

Posted in Retail, Technology

The skies are a little friendlier for drones now that the Dutch police have suspended their squad of drone-hunting eagles. This is also great news for retailers, as drone popularity continues to soar with overall electronics sales. With more advanced technologies available to consumers and drones rapidly filling the skies, the Federal Aviation Administration (FAA)… Continue Reading

Vitamin D and Retail: But Not Without Due Diligence First

Posted in Development, Landlords, Leasing, Retail, Tenant

We’ve all read about the question marks floating around the fate of brick and mortar retail in America. Factors like the strength of e-commerce and shifting consumer preferences (such as the popularity of urban centers over suburbia and consumers’ yearn for experiences over traditional shopping trips) are challenging landlords around the country to change the… Continue Reading

Teavana and Whole Foods: Is the Pendulum Swinging in Favor of Protecting Mall Landlords Against Strategic Tenant Closures?

Posted in Litigation, Retail

As mall landlords continue to see substantial tenant vacancies, some landlords have begun to challenge solvent tenants who decide to go dark before the end of their lease. In two important recent cases — Simon Property Group, L.P. v. Starbucks Corporation, Case No. 49D01-1708-PL-032170 (Indiana Superior Court) and Bellevue Square, LLC v. Whole Foods Market… Continue Reading

ICSC New York Deal Making (2017)

Posted in Retail

On December 6-7, the Javits Center played host to this years’ ICSC NY Deal Making Conference. ICSC featured a new format at this years’ Conference. In addition to the deal making opportunities on Wednesday and Thursday, ICSC partnered with retailers and leading  real estate companies to present several hour long educational sessions, starting the day… Continue Reading

Update: Tip Pooling by Restaurant Owners Remains in Flux

Posted in Employment, Restaurants, Retail

This past April, we reported on a recent Ninth Circuit ruling which upheld a 2011 Department of Labor (“DOL”) rule that prohibits restaurants from instituting tip-pooling arrangements that include both front-of-house staff that are customarily and regularly tipped (such as waiters, waitresses, bellhops, and service bartenders) and back-of-house staff that are not customarily and regularly… Continue Reading

Supreme Court Removes Patent Litigation from the Heartland of Texas

Posted in Intellectual Property, Patent Litigation, Retail

For years, patent assertion entities have filed patent lawsuits against retailers in federal court in Texas.  The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods Group Brands LLC may give retailers the ability to insist they defend such lawsuits on their home turf. Deep In the Heart of Texas For years, patent assertion… Continue Reading

Cannes Brick and Mortar Retail in the United States Make a Comeback?

Posted in Restaurants, Retail

2017 MAPIC Conference in Cannes, France Last week, a contingent from Goulston & Storrs attended the annual MAPIC conference in Cannes (pronounced “Can”), France for the seventh consecutive year. We expected to field questions about the challenges facing brick and mortar retailers in the United States as well as inquiries regarding how domestic political events… Continue Reading

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

2017 ICSC US Shopping Center Law Conference

Posted in Retail

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 changes occurring in the retail industry. Attendance… Continue Reading

Surprises For International Retailers Coming to the USA

Posted in Cross Border, Leasing, Regulatory, Retail

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 revenues. USA demographics are incredibly enticing…. Continue Reading

Medtail: Why Your Doctor Is Treating You in a Strip Mall

Posted in Real Estate, Retail

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 in certain sectors. According to a recent… 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

The FTC Won’t Let Me Be: Warnings and Enforcement Actions Targeting Social Media Influencers

Posted in Intellectual Property, Retail

According to recent Nielsen ratings, the most watched TV shows and live TV events top off at around 20 million viewers. In contrast, the most popular personalities on various social media platforms have well over 100 million followers. It’s no surprise then, that retailers and advertisers are increasingly turning toward these social media “influencers” to… Continue Reading

The Cure For The Last Mile? Retooling Shopping Malls as E-commerce Distribution Centers

Posted in Retail

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 retail space in malls, landlords must… 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

Gearing Up for MAPIC 2017

Posted in Retail

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.  MAPIC is one of the leading… Continue Reading