News from AGG's Retail Industry Team

Landlords and Property Managers Beware: Co-Tenancy Provisions Are Not Just Window Dressing
By: C. Knox Withers

To sophisticated landlords and property managers, co-tenancy provisions contained in commercial leases are routine and (relatively) unexciting. Unfortunately—and perhaps as a result—such clauses are often overlooked. But a co-tenancy default can have a significant impact on a landlord’s bottom line, so landlords and their agents who manage their properties should understand how these provisions operate and the remedies to which a tenant is entitled in the event of a default. More >

7 Steps to Help Your Retail Business Avoid Copyright Infringement
By: J. Tucker Barr

When people think of copyrights, they usually think of paintings and other works of fine art, novels, and the like. While copyright protection certainly applies to these types of highly expressive works, it also applies to other materials, such as photographs, website graphics and text, menus, store signage, newsletters and mailers, and many other materials that retail businesses use every day to promote their brands and communicate with their customers. More >

Keep Your Food on the Plate and Off the Floor: What Every Restaurant Should Do to Prevent Slip-and-Fall Accidents
By: Richard A. Mitchell

The average restaurant has between 3 and 9 slip-and-fall accidents every year. In fact, an estimated 3 million foodservice employees and 1 million guests are injured annually from slip-and-fall accidents at restaurants. The aggregate cost of such injuries is a staggering $2 billion! Striving for excellent service, quality food, and a welcoming environment is not enough; successful restaurateurs also know that ensuring the safety of guests and em-ployees on their premises is of paramount importance. More >

Social Media Advertising in the Retail Space – Share This with Your Friends
By: Matthew V. Wilson

“Tweet,” “share,” pin,” and “like.” If you spend any amount of time exploring the so-cial media universe, these are the buzzwords that you are certain to encounter along the way. To the digital marketer, these words translate into a cheap and efficient method to reach a very large audience. Indeed, the inherent viral nature of social media presents marketers with an unparalleled direct gateway to the consumer marketplace. However, while the benefits of using social media to tap new and existing customers are many, individuals and retail businesses that use the medium for commercial purposes must be aware of the potential legal pitfalls that lie in wait for the careless user. To be certain, utilizing social media in connection with retail advertising may trigger a range of legal issues, including, copyright, and trademark infringement, defamation, and rights of privacy and publicity, in addition to a host of advertising related rules and regulations. More >

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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