Retail Market

News & Analysis as of

Are You in the DOL's Crosshairs? Statistics Give Warning to Retail, Hospitality Employers

Last week, the Department of Labor posted a new blog post from Wage and Hour Division Administrator Dr. David Weil highlighting the DOL’s wage and hour enforcement efforts. Dr. Weil’s statement that the DOL recovered “over...more

Countdown to July 3 for San Francisco Retailers to Modify Flexible Scheduling Practices

We have written before of the growing movement to suppress the flexible scheduling practices commonly employed in the retail industry. Retailers have long used factors such as projections of sales traffic, conversion rates,...more

Retail Real Estate: Quarterly Summary Report - Q1 2015

In this Issue: - National Market Trends - Leasing Trends - Major Industry Transactions - Retail in Ohio - Excerpt from National Market Trends: As more millennials move into urban...more

EU Consumer Rights Directive is in effect: 9 highlights for distance selling

E-commerce is the fastest growing retail market in Europe. Compound annual growth is currently running at around 12 percent per annum, predicted to result in an online retail market worth €233.9 billion (approximately US$262...more

Law à la Mode - Edition 16 - May 2015 (Global)

In This Issues: - Key Considerations: For Negotiating Electronic Point Of Sale Solution Agreements - Fashion Forward And Tech Savvy: The Co-Branding Of Wearable Technologies - The Internet Of Things: The...more

Tailoring the Suit: Plaintiffs File Amended Complaint in Nordstrom Rack Price-Tag False Advertising Lawsuit

Nordstrom Rack has recently found itself at the center of an unwelcome suit over its labeling practices. Nordstrom Rack discloses the savings it offers customers by placing “compare at” labels on its price tags which show two...more

Contract Brewing, Powdered Alcohol, Distillery Sales and More – What Does the N.C. Legislature Have in Store?

The North Carolina Senate Finance Committee passed House Bill 909 on 27 May 2015, which would make several significant changes to North Carolina alcoholic beverage control (“ABC”) laws. The fourth edition of the bill...more

Keeping Your Privacy Promises: Retail Tracking and Opt-Out Choices

As children, many of us were taught how important it is to “keep your word.” Similarly, it is black letter privacy law that if a company commits (for instance, in a privacy policy or in website statements) to certain actions...more

The FTC Weighs in on In-Store Tracking. Or Does It?

In law school, everybody learns the adage that hard cases make bad law. When it comes to the Federal Trade Commission, a better aphorism might be, “easy cases make new law.” The FTC’s recent settlement with Nomi Technologies...more

Washington Department of Revenue takes same position on taxability of early termination fees being challenged in Massachusetts

In a ruling that will be of interest to taxpayers following Massachusetts appeals on the issue, Washington has issued recent guidance (see Washington DOR – Termination Fees) asserting that early termination fees for...more

Quebec Court of Appeal Confirms Right to Use Non-French Trade-marks on Storefront Signs without Generic French Terms

The Court of Appeal of Quebec reaffirmed that the Charter of the French Language (Charter) does not require a trade-mark used on a storefront sign to be accompanied by a generic French term. This judgment confirms the...more

SEC Answers Money Market Reform Questions

The SEC responded on April 22, 2015, to industry questions regarding its 2014 money market reform rules (Rules) through a frequently asked questions (FAQ) format. The 15-page release answers 53 questions on various topics. ...more

SF Formula Retail Labor Protections Update: OLSE Holds Meeting to Give Overview of Ordinances

Yesterday, we attended a meeting at San Francisco City Hall where the Office of Labor Standards Enforcement (OLSE) gave an overview of the San Francisco Retail Labor Protections ordinances....more

Challenges for the US retail sector, inside and outside bankruptcy

In recent months, the US has seen a staggering increase in the number of retailers, both large and small, filing for bankruptcy. Among others, Dots, Alco Stores, Radio Shack, Deb Shops, Wet Seal, and Delia’s have each filed...more

Return of Robinson-Patman Act and Resale Price Maintenance Litigation?

A quick note on a few recent developments suggesting that RP and RPM litigation is not yet dead. First, on February 2, 2015, a court refused to dismiss claims against Clorox arising from its refusal to sell a small...more

Investment Funds Update - Europe: Key legal and regulatory updates for the funds industry from the primary European asset...

Federal Ministry of Finance Guidance on Tax for Closed-Ended AIFs - The Federal Ministry of Finance has issued guidance on 12 February 2015 that broadens the favorable tax regime for investment partnerships applicable to...more

Real Estate Gazette - Issue 19 (Global)

In This Issue: - INTERNATIONAL: Key Issues For Real Estate In The Implementation Of The AIFMD Across Europe - ASIA: Understanding Four Key Changes To The Hong Kong REIT Code -...more

Construction & Land Use Newsletter - March 2015

In This Issue: - Arlington County Board Revisits the Retail Action Plan - Arlington’s New Take on Density Exclusions - Excerpt from Arlington's New Take on Density Exclusions: A new memorandum issued by...more

With Cert Denial, Fed’s Interchange Rules Will Stand

Why it matters - With the U.S. Supreme Court’s denial of certiorari, the Board of Governors of the Federal Reserve Board’s interchange rules will stand. The justices declined to hear an appeal from retailers without...more

Women’s Clothing Retailer, Cache Inc., Seeks Protection Inside Chapter 11

On February 4, 2015, women’s clothing retailer, Cache Inc., filed a chapter 11 bankruptcy case in Delaware. The petition lists the top 30 unsecured creditors. Two of the largest creditors are landlords Simon Property Group...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 16 & 23,2015

REAL PROPERTY UPDATE - Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more

SEC Releases Exam Priorities For 2015

On January 12, 2015, the SEC's Office of Compliance Inspections and Examinations ("OCIE") released its Examination Priorities for 2015 (available here) outlining the issues that it will focus on this year in examining...more

The Evolution of the Shopping Experience: Heard at ICSC Dealmaking 2014

Despite a terrible Nor’Easter that hit the first day of the conference, nearly 9,000 attendees – a record-breaking number and 26% increase over 2013 – joined the International Council of Shopping Centers (ICSC) for the 2014...more

MAPIC 20th Annual International Retail Property Market Conference Impressions: Increased Focus on the U.S.

The week prior to our Thanksgiving, from November 19-21 , MAPIC (le marché international professionnel de l’implantation commerciale et de la distribution) hosted its 20th annual international retail property market...more

Consumers Looking For Deliveries at the Speed of Light

With the holidays fast approaching, and sales during November and December accounting for an estimated 30% of retailers’ annual revenue, retailers are pulling out all the stops in the ongoing fight for customer dollars, with...more

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