Retailers Retail Market

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How to Tackle Retail’s Unique Compliance Risks

Battered by the rise of online shopping, cybersecurity and bruised by changing consumer patterns, retailers today must cope with a host of new headwinds—heightening the risks of compliance failures in a business that’s...more

Retailers Seek Perfect Balance Between In-Store, Online and Mobile Customers

Retailers are increasingly under pressure to evaluate their business models and, in particular, the mix of their in-store, online and mobile offerings. Just as there are few pure-play e-tailers, there are very few retailers...more

WARNING: Prop 65 Can Expose Product Manufacturers to Increased Litigation in California

California's Proposition 65 ("Prop 65") requires product manufacturers and sellers to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone in California to a chemical listed by the...more

The Power of Pop-ups: From Fad to Retail Mainstay

Pop-up stores or “flash retail” have graduated from passing trend to popular practice. Historically utilized for the sale of seasonal products (think temporary stores that only sell Halloween costumes), the pop-up has evolved...more

The Totality of Circumstances Test Used to Determine Foreseeability of Criminal Act

Unfortunately, criminal activity occurs at many retail and hospitality establishments. When a patron is attacked and suffers injury, the patron often looks to the establishment for compensation. The determination of whether...more

Resolving Shopping Center Foreclosures in Florida - Considerations for Lenders

Shopping centers in Florida—and across the country—are increasingly facing financial stress due to factors such as Internet commerce and rent pressures. Rents generated from a shopping center are usually pledged as...more

Data Breach Class Action Case Dismissed Against Barnes & Noble

A federal judge in Illinois dismissed the class action lawsuit filed against Barnes & Noble stemming from a data breach in 2013. The breach occurred when credit and debit card PIN pads were compromised at 63 Barnes & Noble...more

Retailers: Embrace Virtual Reality Now (But Also Be Careful)!

We’ve previously addressed the hype that it is only a matter of time until brick and mortar retail succumbs to its online competitors. While we concluded that brick and mortal retail is not in danger of immediate extinction,...more

SCOTUS to Decide Constitutionality of State "No Credit Card Surcharge" Laws

The U.S. Supreme Court has agreed to decide whether state laws that prohibit merchants from imposing a surcharge on credit card purchases violate the First Amendment. The petition for certiorari granted by the Supreme Court...more

News from AGG's Retail industry Team - Fall Edition

Pop-Up Retail Shops: Considerations to Keep You Ahead of the Latest Trend Traditionally, pop-up shops have largely been utilized by seasonal retailers. Many consumers have go-to stores for Halloween costumes or...more

Pop-Up Retail Shops: Considerations to Keep You Ahead of the Latest Trend

Traditionally, pop-up shops have largely been utilized by seasonal retailers. Many consumers have go-to stores for Halloween costumes or Christmas decorations that appear like clockwork just in time every year for their...more

FACTA Check: Credit and Debit Receipts Can Show Injury-in-Fact

In a series of recent decisions that have important implications for retailers, large and small, federal courts have allowed consumer class actions to proceed against businesses for violation of the Fair and Accurate Credit...more

The Future of Retail: Brick and Mortar!

If you believe the hype, it is only a matter of time before brick and mortar retail succumbs to its online competitors. Recent decisions made by several stalwart retailers appear to support this theory: Macy’s recently...more

Learn More Next Week on FCPA Compliance and Leadership

If you are in Houston next Thursday, September 15, and want to hear three of the city’s top compliance practitioners, I invite you to join myself and the members of the Greater Houston Business and Ethics Roundtable (GHBER)...more

“In-Season Relevancy” Is in Season this September

The fashion industry is at a crossroads. Designers must decide whether to continue the age-old tradition of previewing their collections during Fashion Week four to six months before they are available in stores (with fall...more

KPMG Survey Finds that Shoppers Care About Retail Data Breaches

On the heels of Eddie Bauer’s notification of a cyber intrusion affecting all of its retail stores in the U.S. and Canada, KPMG has released a study showing that almost one-fifth of respondents to a survey said they would...more

Arriving Now: An Uber Alternative to Parking Validation

We previously wrote about how on-demand delivery services, such as Uber and its competitors Lyft and Postmates, have the potential to provide brick and mortar retailers with an answer to Amazon’s delivery service. Services...more

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

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