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Ogletree, Deakins, Nash, Smoak & Stewart,...

The New York State Fashion Workers Act: What Model Management and Fashion Industry Companies Need to Know

On December 21, 2024, New York Governor Kathy Hochul signed the New York State Fashion Workers Act, which regulates model management companies and their clients, including retail stores, fashion designers, advertising...more

Goodwin

Want to Have Customers Cover Payment Processing Fees? What You Need to Know About Credit Card Surcharging

Goodwin on

Credit card surcharging is on the rise. Imposing a surcharge in a compliant manner is more than adding a fee at the point of sale. Below we review on a high level the legal and commercial considerations for merchants before...more

Lowndes

Location, Location, Location… Site Selection Issues for Tenants

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We all know the old adage favored by real estate brokers… “location, location, location.” While more frequently used in the context of residential real estate, it is equally applicable in the commercial real estate market...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Motor Fuel Supply Agreements/Documenting the Jobber/Retailer Relationship: Fall Edition of the Arkansas Oil Marketers...

I authored an article in the Fall edition of the Arkansas Oil Marketers Association publication, The Canopy, titled: Arkansas Motor Fuel Supply Agreements: Documenting the Jobber/Retailer Relationship (“Article”). The Article...more

Hogan Lovells

Evaluation of the French Egalim 2 law: a mixed review and prospects for evolution

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A report issued on 11 February 2025 by the evaluation mission of the Egalim 2 law has evidenced that it is not possible at this stage to conclude on the economic effectiveness of the measures introduced by the law to protect...more

Benesch

Navigating the Fine Print: Ninth Circuit Tightens Scrutiny on Digital Arbitration Agreements

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A recent Ninth Circuit decision, Chabolla v. ClassPass, Inc., underscores critical considerations for retailers with online Terms of Service / Use agreements, particularly regarding arbitration provisions and related consumer...more

Lathrop GPM

New Jersey Appellate Court Confirms Terminated Retailer Is Not in a Franchise Relationship with Manufacturer

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A New Jersey appellate court affirmed a state trial court’s ruling that a terminated retailer of custom outdoor kitchens was not in a franchise relationship with a manufacturer of outdoor grills and that the New Jersey...more

Offit Kurman

Virginia Bill That Would Ban Franchise Non-Competes Advances in State Senate

Offit Kurman on

Virginia Senate Bill 798, introduced by former in-home senior care franchisee Sen. Chris Head, was passed unanimously by the Virginia Senate on January 17, 2025. The bill would amend Virginia's Retail Franchising Law to...more

Stikeman Elliott LLP

Business Impacts of Québec’s Proposed Consumer Protection Reforms: Consumer Credit Limits, Grocery Price Displays, Point-of-Sale...

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Bill 72, An Act to protect consumers against abusive commercial practices and to offer better transparency with respect to prices and credit, was recently tabled by the Québec government. This legislation includes amendments...more

Mayer Brown

New Hampshire Significantly Amends Motor Vehicle Retail Installment and Sales Finance Company Act

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On August 2, 2024, New Hampshire enacted legislation that significantly revises its Motor Vehicle Retail Installment Sales Act (the “Act”), effective July 1, 2024. Unfortunately, that effective date is not a typographical...more

Stoel Rives LLP

What Landlords Should Know When Restaurant Tenants Go Under

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As anyone who has watched FX’s The Bear knows, running a restaurant is hard work. When restaurants occupying leased commercial space fail, commercial landlords need a gameplan to protect their interests. Some key...more

Lewitt Hackman

Franchisor 101: Charging Toward Arbitration

Lewitt Hackman on

A California federal court granted a motion to compel arbitration by retail franchisor Batteries Plus and its two executives, and dismissed a franchisee’s action alleging violations of the California Franchise Investment Law,...more

Lathrop GPM

California Federal Court Grants Retail Franchisor’s Motion to Compel Arbitration and Dismisses Action

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A federal court in California recently granted a motion brought by a franchisor and two of its employees to compel arbitration and dismiss an action alleging violations of the California Franchise Investment Law, breach of...more

Benesch

In California, Written Consumer Warranties Can No Longer Commence Before Delivery

Benesch on

On July 1, 2023, an amendment to California’s Song-Beverly Consumer Warranty Act (“Song-Beverly” or the “Act”) took effect, prohibiting express warranties for consumer goods sold in California from beginning before the date...more

Goulston & Storrs PC

ICSC U.S. Law Conference 2021

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The 51st Annual International Council of Shopping Centers (ICSC) U.S. Law Conference was held earlier this month in San Francisco from November 3 – 5, 2021. Chaired by our own David Rabinowitz, the event hosted more than 700...more

Cadwalader, Wickersham & Taft LLP

See You in September August 2021 - There Was No 'Gap' in the Lease Language: COVID Is Not a Casualty

On June 29, 2021, in The Gap, Inc. v. 170 Broadway Retail Owner, LLC, the New York Appellate Division, First Department, overturned an earlier decision by the New York Supreme Court and issued a decisive victory to commercial...more

Farrell Fritz, P.C.

Commercial Lease Disputes Becoming a Little More Frequent than “From Time to Time”

Farrell Fritz, P.C. on

I think it’s fair to say that there’s been an uptick in litigation involving commercial lease disputes and retail property closings gone awry over the last 15 months.  And for obvious reasons. ...more

Cadwalader, Wickersham & Taft LLP

Summer's Coming, May 2021 | Issue No. 24 - COVID-19 Update: Can't Lose What You Never Had: Court Rejects All Legal Theories...

The United States District Court for the Southern District of New York (the “Court”) decided in Gap Inc. v. Ponte Gadea N.Y. LLC on March 8, 2021 that a retail tenant will not be able to use the COVID-19 pandemic as an excuse...more

Pullman & Comley, LLC

Groundbreaking News - Spring 2021

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Welcome to Pullman & Comley's Real Estate Newsletter, Groundbreaking News. Written by our team of attorneys, you'll find articles that highlight hot topics and developments spanning the fields of real estate, land use and...more

Holland & Knight LLP

Considerations for Retail Space in an Office Building

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A successful relationship between an office building owner and retail tenant usually involves educating each party to the particular attributes of the other party's business. For example, a retail tenant typically has little...more

Lowndes

COVID-19-Related Lease Modifications Raise New Issues of Liability for Unpaid Rent

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As pandemic-related shutdowns battered the retail and restaurant industry, many tenants avoided defaulting on their leases by negotiating a lease workout. These agreements often provided tenants some much-needed rent relief...more

Holland & Knight LLP

Practical Guidance for Retail Landlords on Tenant COVID-19 Closures

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During these winter months, many retail tenants have opted to close their doors to the public rather than remain open with limited occupancy and other operating restrictions due to COVID-19. Below are some practical...more

Holland & Knight LLP

Look for More Landlord Protections in Retail Deferral Agreements and Extensions

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In April and May of 2020, the unprecedented challenges resulting from the COVID-19 pandemic and the related mandatory closures and restrictions on operations began to be felt by retail tenants across the United States. As a...more

Winstead PC

The Great Texas Freeze: Insurance Policies May Leave Landlords Out in the Cold

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The historic February 13-17, 2021, winter storm caused billions of dollars in property damage across the state of Texas. Extreme low temperatures, heavy snow and ice storms and widespread power outages led to broken pipes and...more

Goulston & Storrs PC

Law of the Land – Real Estate Litigation Newsletter - February 2021, Volume 1, Issue VI

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CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed...more

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