Retailers Retail Market

News & Analysis as of

Selfies: Changing the “Face” of Retail

Selfies are everywhere. From selfie sticks to photo editing applications, people are looking for new and better ways to take photos of themselves. At the same time, retailers are creatively taking advantage of our selfie...more

New gTLD Sunrise Periods for Fashion and Retail

The following open gTLD Sunrise Periods may be of interest to companies in the fashion and retail industries that wish to register their trademark as a domain name. Each new gTLD operator must provide a window during which...more

No Cash? No Problem: The Emergence of Cashless Retailers

From the time we were little, putting birthday money into our piggy banks, cash has always been an important part of our lives. Now, imagine a world where cash is no longer king. Like so many other things that we thought were...more

Choice-of-Law Rules Prevent Costco from Suing as Indirect Purchaser in California

In another development in the ongoing cathode ray tube (CRT) multidistrict litigation, Judge Tigar of the Northern District of California ruled that Costco could not recover any damages it sustained as an indirect purchaser...more

Digitizing Brick and Mortar: Geofencing and Geolocation Can Help Retailers Win at Omnichannel

We have blogged previously about the steady rise of e-commerce, the benefits and challenges of creating a cohesive omnichannel experience, and some of the special issues omnichannel creates for the landlord-tenant...more

Belgian Retail Newsletter: "Pop-up" stores: the new Flemish decree on short-term retail leases enters into force on 1 September...

1. INTRODUCTION - A “pop-up” store is not a legally defined term under Belgian law. Rather it is a collective name for quite a recent phenomenon of retail stores that wish to be present on the market for a limited time...more

ICSC’s New England Idea Exchange Draws a Crowd to Talk Shop

The Hynes Convention Center hosted the ICSC New England Deal Making Conference in Boston last week from July 19 through July 21. ICSC announced that attendance was at an all-time high of about 1,200 people. The conference...more

RETAIL 2020: Future Ready – Innovate to Succeed

In late June, members of the local and national retail community convened at Goulston & Storrs’ Boston office to participate in an interactive panel discussion billed as RETAIL 2020: Future Ready. Panelists included Ben...more

New Changes to Florida Beverage Laws Started July 1st

Changes to Florida’s Beverage Laws have drawn attention and controversy over recent years as groups ranging from small craft breweries to major retail vendors have lobbied for legislative amendments to the State’s...more

A Closer Look into the Growth of E-Commerce Sales

It is widely known that e-commerce sales have been growing and shifting sales from traditional brick-and-mortar establishments. As noted below, overall e-commerce sales in fact still account for a relatively modest percentage...more

Negotiating Three Pesky Provisions in a Retail Lease: Assignment, Rent Acceleration, and Exclusive Uses

As a relatively new real estate attorney, I often interact with other relatively new brokers, property managers, and asset managers. Broadly speaking, these professionals certainly understand that many transactions warrant,...more

Set Pickup Location: Uber Is Coming to Retail

On-demand delivery services, such as Uber and its competitors Lyft and Postmates, are increasingly taking steps that have the potential to offer a counterpunch to online retailers such as Amazon and may shake up the brick and...more

To Brexit or Not to Brexit? Our Observations on UK Retail

Our Retail team just returned from a week in London where we met with the firm’s UK-based retail clients and other retail industry professionals. The biggest topic of conversation centered around Brexit....more

Are Prohibited Uses Prohibiting Opportunity?

Despite how it may sometimes seem when in the throes of negotiating a lease between a shopping center landlord and a retail tenant, the overarching goals of the two parties are aligned. Both parties want the tenant to be...more

Retailers’ On-Call Scheduling Practices Under Scrutiny in Eight States and D.C.

On April 12, 2016, New York Attorney General Eric Schneiderman sent letters to fifteen retailers requesting information regarding their use of “on-call shifts” in scheduling employees. The letters were similar to those...more

Getting the Benefit of Your 'Exclusive Use' Bargain

Make sure your retail tenant’s “exclusive use” applies to all shopping center parcels. An “exclusive use” provision in a lease is a retail tenant’s best friend — it prohibits the landlord from allowing other space in a...more

ICSC RECon 2016 – Holding Court

ICSC RECon 2016 tipped off with a keynote address by Earvin “Magic” Johnson, Chairman and CEO of Magic Johnson Enterprises and former NBA superstar. Attendance was up by about 2.7 percent from last year, with around 36,000...more

Retailers Take Notice: Will Customers .shop at Your .store?

Have you thought about establishing a new distinctive web address for your business? Do you worry that someone else may try to register your brand name within one of the new generic top level domains (gTLDs)? Whether...more

West Coast Real Estate Update: May 2016 #3

California Adopts ADA Relief for Small Businesses - Gov. Jerry Brown signed California Senate Bill 269 into law on May 10, 2016, providing some limited relief to small businesses that are sued for violations of the...more

Loyalty Programs: All Fun and Games Until Someone Wants You to Buy Them a Harrier Jump Jet

In-house counsel should consider the myriad legal issues that can affect a consumer loyalty program, including numerous consumer, franchisee and regulatory issues....more

Microbranding Leads to Big Success

From your local watering hole to Nordstrom’s, microbranding is making a big impact in retail. Microbranding is brand recognition experienced by small-scale businesses in a particular marketplace. The expansion of the internet...more

Only a Bona Fide Patron of A Business Can Bring an ADA Suit, Maryland Court Holds

Seyfarth Synopsis: In a refreshing breath of fresh air, a federal judge holds that an intent to return as a “tester” does not give a plaintiff standing to sue under Title III of the ADA....more

How Smartphones, Showrooming Impact Property Taxes and More

The battle between physical stores and online retail rages on, but the recent explosion in smartphone usage is blurring the battle lines. Using smartphones, consumers in a store now can simultaneously shop and compare pricing...more

Apparel Peril!

These are perilous times in the apparel sector. What seems on the surface to be a contradiction–a series of underwhelming sales reports in apparel sales, coinciding with a dramatic and ongoing expansion in many types of...more

Vermont Proposes Colorado-style Use Tax Reporting Law

As we discussed in February, the Tenth Circuit upheld the constitutionality of Colorado’s use tax notification law with its decision in Direct Marketing Association v. Brohl (DMA II). In his concurrence to the decision, Judge...more

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