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Retail Law Advisor

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ICSC RECon 2017  – ICSC RECon Continues to Draw the Crowds
Practice: Real Estate, Retail, Restaurant & Consumer
BlogICSC RECon 2017 was held last week from May 21-24 at the Las Vegas Convention Center. This year, the conference lived up to its billing as the “World’s Largest Retail Real Estate Convention” with an estimated crowd of 37,000.  This represents about a 2.7% increase over last year and continues the trend of growing attendance...

Getting Past the Last Mile: Delivery Challenges For E-Commerce Businesses
Practice: Retail, Restaurant & Consumer
BlogE-commerce businesses have changed the relationship between consumers and retailers through the advent of expedited and low-cost home delivery services. Now, many consumers anticipate both free shipping with their purchase, and to receive their items in a short one to two day window. While there is significant growth in the online shopping market, high shipping...

The Future of Urban Retail: A Business Real Estate Roundtable
Practice: Real Estate, Retail, Restaurant & Consumer
BlogAs the competitive retail marketplace continues to shape itself, we take an active role monitoring trends and uncovering the legal ramifications.  This week, we are pleased to share Crain’s New York Business Real Estate Roundtable. In this piece, the discussion centers on The Future of Urban Retail. Our partner and leader in New York real...

Give Me a Break: Break Me Off a Piece of That…Meal Kit?
Practice: Retail, Restaurant & Consumer
BlogShort on time and patience, consumers are jumping on the bandwagon of meal kits and meal kit delivery services, which have taken the retail food industry by storm.  Meal kits and meal kit delivery services – such as, Plated, Blue Apron, HelloFresh and Purple Carrot – are all the rage these days primarily due to...

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case
Practice: Retail, Restaurant & Consumer
BlogMarijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became effective in December 2016 explicitly notes that employers retain their authority to implement policies and practices restricting employees’ use of marijuana,...

To Tax or Not to Tax Internet Retailers, that is the Question
Practice: Retail, Restaurant & Consumer, Tax
BlogSince the dawn of the age of e-commerce, brick-and-mortar retailers have championed “the level playing field”. Their battle cry: Internet retailers should be subject to sales tax just like us! This disparity is largely the result of a 1992 US Supreme Court decision, Quill Corp. v. North Dakota, in which SCOTUS found that a business...

Supreme Court Says ‘Give Me a ©’ to the Fashion Industry
Practice: Retail, Restaurant & Consumer
BlogA recent U.S. Supreme Court copyright decision analyzing cheerleader uniforms may have a profound impact on retailers, and on the fashion industry in particular. On March 22, 2017, the Supreme Court held in Star Athletica, L.L.C. v. Varsity Brands, Inc. that original design elements that are separable from the “useful article” upon which they are...

The Rise of Concierge Retail
Practice: Retail, Restaurant & Consumer
BlogRetailers have always had to balance a number of different competing factors in order to stay competitive, including location, marketing and convenience. As discussed in this space, in today’s market, many retailers are employing an omni-channel retail strategy, making their items available for purchase through multiple channels, such as in-store, online and via smartphone devices....

Tip Pooling by Restaurant Owners-Remains in Flux
Practice: Retail, Restaurant & Consumer
BlogRestaurant owners with tipped employees should take note of several recent court cases which may affect their ability to cause restaurant employees to participate in “tip pooling,” particularly in instances where back-of-house employees are included in such tip pooling arrangements. The Fair Labor Standards Act (FLSA) allows employers to fulfill part of their federal minimum...

End Of An Era Or Simply a Moment In Time?
Practice: Retail, Restaurant & Consumer
BlogWhat conclusions can we draw from the increasing vacancy rates in prime NYC retail real estate?  A momentary blip? Something we’ve seen many times before, only to be followed by the inevitable climb in rents to their customary stratospheric levels? Analysts claim that rents in the retail sweet spot of Madison Avenue between 57th and...
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