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Retail Law Advisor

Tag Archives: Retail

#Trending: Omnichannel Loyalty and Leveraging Social Media Channels

Posted in Retail

Technological advancements in the current digital age allow consumers to browse and buy products on smartphones and tablets, bringing an unlimited number of retail options to their fingertips—literally. Thus, in an effort to distinguish themselves, many brands are adopting omnichannel-based customer loyalty programs in favor of more traditional programs. Omnichannel loyalty is the practice of… Continue Reading

Bringing Residential Uses to Existing Shopping Centers- A Win Win

Posted in Multifamily, Real Estate, Retail

Tenant curation, experiential retail, and social media-based marketing are thriving trends in today’s brick-and-mortar shopping center industry. Retail is not the only real estate asset class susceptible to trends, and a recent dominant trend in the multifamily residential sector may offer valuable opportunities for shopping center owners. For those in the multifamily residential real estate… Continue Reading

Sustainability in the Fashion Industry: Kering Group’s Innovative Approach in the Luxury Sphere

Posted in Retail, Retail Sales

Retailers are facing an increasing population of ethically minded consumers. A Nielsen 2015 global survey found that 66% of respondents were “willing to pay more for products and services that come from companies that are committed to positive social and environmental impact,” up from 55% in 2014. The report also found that 73% of global… 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

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

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

Retailers to the Rescue

Posted in Retail

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 lend a desperately needed hand. Within… Continue Reading

America’s Next Top (Business) Model? Evaluating Fashion’s Big Experiment

Posted in Retail

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 challenges to the traditional Fashion Week… Continue Reading

Retail Hybrids: Following Trends in Cars, Sports and Food

Posted in Retail

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 York Times described four time NBA… 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

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