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Retail Law Advisor

Tag Archives: security

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

FTC Publishes Data Breach Response Guidelines

Posted in Retail, Security, Technology

Whether resulting from a planned cyberattack or mere carelessness, data breaches are on the rise. In 2015, 781 data breaches were reported across the United States, with the average breach costing $3.8 million. In 2016, the total number of breaches is projected to increase, with the average cost per breach at $4 million, up 5%… Continue Reading

Retailers Face Major Backlash from Racism Claims

Posted in Retail

Two major New York retailers face racism charges after several African-American shoppers claimed that they were unfairly targeted by security. One of the complaints involves a 21-year old nursing student who was stopped by undercover police officers after leaving a store with a $2,500 handbag she had purchased. Another involves an HBO actor who was… Continue Reading

The Obligation to Preserve Footage from Surveillance Cameras

Posted in Litigation, Retail

Surveillance cameras are everywhere these days, including the retail environment. Surveillance technology allows retailers to monitor their premises more thoroughly than ever, thereby enhancing security. At the same time, however, the increased security comes with legal obligations that are still evolving and may vary depending on the jurisdiction. For example, when must retailers preserve surveillance… 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