Retailers Retail Market

News & Analysis as of

The War for Talent: It’s On

It’s not exactly news that we have a war for talent in the U.S. Since the recession of 2008, business commentators have followed the U.S. population’s return to work. When unemployment was high and workers had no...more

JCPenney Advertising Class Settlement Calls for $50 Million Payment for a California-Only Class

Retailers have been under siege, particularly in California, by putative class actions involving allegations of “false or misleading” advertising practices. Generally, the crux of the allegations is that retailers are...more

Looking Ahead to MAPIC 2015

It’s hard to believe, but it’s that time again: MAPIC (le marché international professionnel de l’implantation commerciale et de la distribution) hosts its annual meeting and our retail practice will be there in full force....more

Strong Showing in Arizona: ICSC’s 2015 U.S. Shopping Center Law Conference

Arizona played host to ICSC‘s 2015 U.S. Shopping Center Law Conference, and with great success. The conference took place at the JW Marriott Phoenix Desert Ridge Resort & Spa, which comfortably housed over 1,400 attendees....more

Advertising Holiday Discounts? How Retailers Can Avoid Lawsuits

With the holidays approaching, retailers and their advertising partners are preparing for the busiest time of the year. Sales advertising is a staple of holiday marketing campaigns, which often include “former price”...more

Mobile Location Analytics: Changing the Game for Brick and Mortar Retail

For brick-and-mortar retailers, smart phones have taken on an entirely new role in customers’ shopping experiences. A technology known as "mobile location analytics" ("MLA") or sometimes, "indoor analytics," gives brick and...more

Made in the USA? Or not?

When can a company tout its products as "Made in the USA"? Different (sometimes conflicting) standards under federal and state law can make it difficult for shoppers to know what they’re buying and manufacturers and retailers...more

“In fashioning myself, I fashion man” – E-Tailers Champion A Sartorial Renaissance in Masculinity

When it comes to shopping, men generally fall into one of two camps: (a) those who simply don’t know how to shop and would rather book their next root canal before embarking on such an experience and (b) those who don’t have...more

Michael Kors and Versace Sued by Unpaid Interns

Earlier this month, approximately 100 former interns filed class action suits in New York state court against Michael Kors and Versace for allegedly classifying them as interns rather than employees....more

Could a Vendor’s Lax Info Security Ruin Your Holiday Sales? Seven Preventative Steps for Retailers

Many of the largest retailer data security breaches have been caused or enabled by the acts or omissions of retailers’ vendors, such as the widely publicized incident at Target Corporation. Several such breaches occurred...more

Privacy Tip #5 — Retail store reward cards

Many retail pharmacies, supermarkets and other retailers offer rewards cards that offer discounts on certain items to be purchased in the store. They give you the cards that contain a bar code in regular size, which looks...more

Why is Omnichannel Retail so Hard?

The retail industry has been evolving rapidly to keep up with new technology and consumer patterns. While the chief concern previously was about how traditional retailers could prevent the loss of market share to online...more

Wrapping Paper Series Updates

2015 - The Price of Customer Loyalty: Rewards Programs and Sales and Use Tax Issues - 09.21.2015 - Retailers and other businesses use loyalty and rewards programs to draw in customers throughout the year. However,...more

A Shift in Liability for Credit Card Fraud

For too long, “swiping” a credit card has had at least one meaning too many. There was “swiping” as it pertains to running the magnetic strip of your credit card inside the groove of a small payment terminal to make an...more

American Thrift Stores announces data breach

American Thrift Stores announced this week that like other retailers, it has been hit with a security breach “that occurred through software used by a third-party service provider” that allowed “criminals from Easter Europe”...more

Second Circuit Rejects Constitutional Challenge to New York “No Credit Card Surcharge” Law

A New York state law that prohibits merchants from imposing a surcharge on credit card purchases does not violate the First Amendment or the Due Process Clause, the U.S. Court of Appeals for the Second Circuit recently ruled....more

Pop-Up Halloween Stores Don’t Scare Landlords

Halloween specialty stores have been popping up annually since the 1980’s and quickly became a national phenomena. According to the National Retail Federation, the celebration of Halloween is projected to generate...more

Third Circuit Decides that “Publication” Doesn’t Include the Collection of Customer Data

On September 15, 2015, the Third Circuit Court of Appeals declared that Lamorak Insurance Company (formerly OneBeacon America Insurance Company) and the Hanover Insurance Group don’t have to defend their insureds, Urban...more

Update on New Orleans Zoning Ordinance

The new City of New Orleans Comprehensive Zoning Ordinance (“CZO”) became effective on August 12, 2015, but various interested parties have already begun the process of amending this newly-adopted ordinance. Last Thursday,...more

Omni-Channel Marketing: Maximizing the [In-Store] Shopping Experience

While retailers recognize that most purchases can be accomplished by conveniently using an electronic medium, they also know that “one click” shopping does not satisfy everyone. In order to capture this population and to...more

#Instagram, #Instafashion, #Instagood: A Fashion Foray into Instagram

Despite its reputation for over-filtered pictures, fashion blogging on #Instagram has moved the needle and compelled the fashion industry to welcome a group of #fashionistas that traditionally have been considered the...more

The Price of Customer Loyalty: Rewards Programs and Sales and Use Tax Issues

Retailers and other businesses use loyalty and rewards programs to draw in customers throughout the year. However, there are several sales and use tax consequences of promoting consumer loyalty. Here’s a brief question and...more

Fashion Week Beyond the Photo Shoots

What would the retail industry be without Fashion Week, the twice-a-year event series during which major designers launch their women’s ready-to-wear lines? What we see on the catwalk during this week highly influences...more

Chip-and-PIN (EMV) Credit Card Liability Shift is Oct. 1: Are You Ready?

October 1 is right around the corner. Merchants, retailers, hotels and restaurants: are you ready for what’s in your customers’ wallets? Starting next month, the payment card industry’s transition to chip-and-PIN (also known...more

Stores for Sale! Retailers and Restaurants Spin Off Real Estate

Several major retailers and restaurant chains have recently engaged in a variety of transactions to spin off their real estate and lease it back. Retailers and restaurants are suddenly doing them, or considering them, at an...more

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