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The New Dawn of Retail: Apocalypse or Evolution?
Practice: Retail, Restaurant & Consumer
BlogMajor retailers that once reigned supreme with brick and mortar stores now face unparalleled challenges. Historically, major retailers dominated the retail industry by opening stores in the most desirable locations and offering fetching merchandise at a great value. But, numerous trends – including a dramatic shift in shopping habits, the rise of e-commerce, the overabundance...

Boston Bar Journal: Navigating Rising Waters: The Public Waterfront Act
Practice: Development/Land Use, Real Estate
The Commonwealth of Massachusetts prides itself on being “first in the nation” for many milestones: the first public park (Boston Common), the first college (Harvard) and the first to legalize same-sex marriage. A lesser known “first” was the Commonwealth’s formal recognition of the public trust doctrine, a legal concept dating at least to Justinian. The doctrine, first codified by the Colonial Ordinances of the 1640s, obligates the Commonwealth as trustee to ensure that land subject to tidal action is used for public benefit. The doctrine evolved into M.G.L. c. 91 (“Chapter 91”), the Public Waterfront Act (“Act”). Historically, the Act focused on preserving public access to the water, protecting tidelands for water-dependent uses such as fishing and boating, and encouraging uses and development that animate the waterfront. However, with record-breaking coastal flooding and sea level rise no longer distant threats, climate resilient  waterfront development has become a policy imperative in Chapter 91 licensing.

"3 Things Lawyers Should Know About Chapter 11 Real Estate", Law360
Practice: Bankruptcy & Restructuring, Retail, Restaurant & Consumer
PDFGoulston & Storrs director Jim Wallack is quoted in a Law360 article regarding the unique set of challenges that come with bankruptcy proceedings for retailers.

Panelist, "The Coming Wave of Patent Litigation to D. Mass. – Opportunities for Specialists and Generalists Alike", Massachusetts Bar Association
Practice: Intellectual Property, IP Litigation, Litigation
The conference will cover pressing issues in each of the three substantive litigation areas that complex commercial litigation encompasses: business, intellectual property, and bankruptcy. Faculty presenters will include both federal and state judges, and a number of accomplished attorneys who have provided significant thought leadership in these practice areas.

No More Lifetime Guarantees – The Importance of a Balanced Return Policy
Practice: Retail, Restaurant & Consumer
BlogIn February 2018, L.L. Bean made the tough decision to change its lifetime return policy, which had been in existence for over a century. Following the policy change, the company received backlash from its customers, with many of them voicing their frustrations on twitter. One user tweeted “L.L. is 100% rolling in his grave #NoRespect.”...

Advisories

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G&S Litigation Victory - Alzheimer’s Disease and Related Disorders Association, Inc. v. Alzheimer’s Foundation of America
Practice: IP Litigation, Litigation
Marty Edel and Adam Safer secured a victory for the Alzheimer’s Foundation of America (“AFA”) in an action against it by the Alzheimer’s Disease and Related Disorders Association, Inc. (“Association”).  The case involved the scope of the Lanham Act (and related state claims) as applied to keywords and on-line advertising that appears on a search engine results page where the marks are similar.  Specifically, the Association contended that AFA advertising in which AFA referred to itself as “Alzheimer’s Foundation” was likely to cause confusion with the Association’s two-word, registered pre-existing mark, “Alzheimer’s Association.”  Also, the Association argued that AFA’s purchase of Association trademarks as search engine keywords constituted trademark infringement and false designation of origin by driving traffic to AFA’s links.

Real Litigation - Barkan, et al. v. Brown, et al.
Practice: Litigation, Real Estate Litigation
PDFIn Barkan, et al. v. Brown, et al., No. 17-MISC-000371 (Mass. Land Court, Nov. 27, 2017), the Land Court stopped a group of homeowners from attempting to have a second bite at stopping a neighbor’s development project.  Initially, a group of homeowners sought zoning enforcement action to preclude the issuance of a Certificate of Use and Occupancy for a neighboring home.  The Building Commissioner denied the request and the Board of Appeals denied the homeowners’ appeal.  

Blogs

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Josh Davis Weighs in on Recent High-Profile Hollywood Sexual Harassment Allegations
Practice: Employment
AudioBlog

The New Dawn of Retail: Apocalypse or Evolution?
Practice: Retail, Restaurant & Consumer
BlogMajor retailers that once reigned supreme with brick and mortar stores now face unparalleled challenges. Historically, major retailers dominated the retail industry by opening stores in the most desirable locations and offering fetching merchandise at a great value. But, numerous trends – including a dramatic shift in shopping habits, the rise of e-commerce, the overabundance...

Interactive Media

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Podcast: Are you high? Marijuana Laws & The Employer Drug Testing Haze
Practice: Employment
Marijuana use is now legal in dozens of states.  But laws vary considerably.  Is it medicinal use?  Recreational?  Do federal laws still take precedence?  What are employers’ rights to screen for marijuana use?  What are employees’ rights in jurisdictions where marijuana use is legal?Elizabeth Levine with Goulston & Storrs’ labor & employment practice provides some guidance through the hazy legal landscape for employers.

Risk Assessment & Mitigation Checklist for Retailers Entering the USA
Practice: Retailers Entering the US
This is a summary of the approach that a foreign retailer contemplating a roll out of a retail concept into the USA should consider to identify and plan for the major legal risks it may encounter. By undertaking such an analysis and implementing appropriate risk mitigation measures, the retailer can, in most cases, achieve a risk profile it determines to be acceptable and limit exposure to potentially costly and distracting litigation. The review and mitigation steps described are best undertaken by a team involving management, legal counsel and appropriate other business, IT and insurance experts.

Press Releases

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Goulston & Storrs Adds Five Attorneys to Expand its New York Litigation Practice
Practice: Business & Commercial Litigation, Corporate & Private Entity Disputes, Intellectual Property, IP Litigation, Litigation, Professional Liability, Real Estate Litigation, Securities Litigation
Goulston & Storrs is pleased to announce the addition of a five attorney team to the firm’s New York office in the Lipstick Building at 885 Third Avenue. Goulston is strategically expanding its litigation capacity with the addition as Directors of Joel Miller, Martin Edel, Charles R. Jacob III, Adam Safer, and Nicholas Cutaia, all formerly of the highly-regarded litigation boutique Miller & Wrubel P.C.

Goulston & Storrs Promotes 3 Lawyers to Director
Practice: Environmental, Litigation, Real Estate
Goulston & Storrs is pleased to announce that three associates have been named Directors at the firm, effective April 1, 2018. The newly elected Directors are Cary Kadlecek, Marshall Senterfitt, and Kate Velásquez-Heller.

Seminars / Events

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Panelist, "The Coming Wave of Patent Litigation to D. Mass. – Opportunities for Specialists and Generalists Alike", Massachusetts Bar Association
Practice: Intellectual Property, IP Litigation, Litigation
The conference will cover pressing issues in each of the three substantive litigation areas that complex commercial litigation encompasses: business, intellectual property, and bankruptcy. Faculty presenters will include both federal and state judges, and a number of accomplished attorneys who have provided significant thought leadership in these practice areas.

Carla Reeves Discusses Sexual Harassment in the Workplace and Academic Settings
Practice: Employment
Turn on WGBH 2 tonight at 7:30 p.m. to watch litigation associate Carla Reeves serve as a panelist on Basic Black. Basic Black describes itself as a show featuring a panel of the region’s sharpest observers of the current news, events, and topics impacting communities of color locally and nationally. A simultaneous live stream on Facebook Live and at www.basicblacklive.org gives viewers the opportunity to submit comments and questions in real time during the broadcast.  Since 1968, Basic Black has reflected on the concerns and culture of African Americans through conversations, performances, and short-form documentaries.
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