Daniel E. Rottenberg

Daniel E. Rottenberg

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Daniel E. Rottenberg

Blog Posts: Retail Law Advisor

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This blog keeps you connected to timely developments and emerging issues in retail law and covers a wide range of topics related to the retail, restaurant and consumer industry. We invite you to learn more about Goulston & Storrs and our Retail, Restaurant & Consumer Group.

A Look Inside the ICSC 48th Annual US Shopping Center Law Conference

The 48th annual US Shopping Center Law Conference was held last week from October 24-27 at the JW Marriott Orlando Grande Lakes in Orlando Florida. The conference saw a near-record number of attendees, where almost 1500 people gathered to learn, network and collaborate. This year’s program included several new sessions...
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Augmented Retail – The Use of Artificial Intelligence and Augmented Reality to Enhance the Customer Shopping Experience

As competition between brick-and-mortar stores and online shopping continues, retailers with physical stores are using cutting edge technologies to offer unique shopping experiences and added service to consumers.  One type of technology that is being used in brick-and-mortar stores is artificial intelligence. Amazon, arguably one of the most disruptive...
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Down But Not Out: Using Showrooms to Revamp Brick and Mortar Retail

Recent trends such as pop-ups  suggest that consumers and retailers alike are not prepared to give up on brick and mortar stores, but that they are looking for more creative alternatives to the traditional arrangement. Clothing retailers have begun exploring use of showroom-style spaces to revitalize and reframe the shopping...
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Leveraged Returns: How Big Box Retailers are Using In-Store Fulfilment Centers to Bring Consumers Back to Brick-and-Mortar

The growth of e-commerce over the last two decades has forced traditional brick-and-mortar retailers to rethink their operations in order to remain competitive in a rapidly evolving market. For some, this means developing websites and mobile apps to entice consumers with an omnichannel shopping experience. However, a few large retailers...
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ICSC RECon 2018--Stepping Into the Future

The Las Vegas Convention Center hosted  ICSC RECon 2018  last week from May 20-23. Upon their entry into the Convention Center’s Central Hall, this year’s RECon attendees were greeted by the ICSC Innovation Exchange. This interactive exhibit showcased a broad range of new technologies, including autonomous security systems, digital...
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Pop-Up Stores- From Mall Kiosks to Dedicated Mall Spaces

It seems that everywhere we turn, there is another story about how the traditional, enclosed shopping mall is facing a slow and painful death. Big box and other brick and mortar stores are closing, and mall landlords are  desperate to fill increasingly empty space . To do so, landlords...
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A Grocery Attack on Multiple Fronts

Amazon has entered the grocery store space with a bang. From the recent opening of its AmazonGo store , to its acquisition of Whole Foods last August, Amazon has threatened to disrupt the grocery store industry and has jolted the stock price of many of its competitors. But will...
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Vitamin D and Retail: But Not Without Due Diligence First

We’ve all read about the question marks floating around the fate of brick and mortar retail in America. Factors like the strength of e-commerce and shifting consumer preferences (such as the popularity of urban centers over suburbia and consumers’ yearn for experiences over traditional shopping trips) are challenging landlords...
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New Experiences, New Retail Opportunities

Despite all of the noise about the rise of e-commerce and omnichannel distribution and the demise of brick-and-mortar, 85% of retail sales are still made in physical stores , and physical stores will continue to be at the core of retailers’ efforts to enhance their brands and drive sales....
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The Cure For The Last Mile? Retooling Shopping Malls as E-commerce Distribution Centers

In addition to gigantic warehouses that e-commerce companies are constructing away from population centers where real estate is limited or too pricey, shopping malls and former shopping mall sites are well poised to be the newest e-commerce logistics and distribution hubs. With the deluge of vacant malls and vacant...
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Retail Hybrids: Following Trends in Cars, Sports and Food

Hybrids of many sorts have been trending in countless industries throughout the years and show no sign of fading away anytime soon.  Toyota announced that it sold its 10 millionth hybrid car this year, twenty years after launching its first Prius. Prior to this year’s NBA Final, the New...
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ICSC Deal Making Conference Explores the Changing Retail Industry

The ICSC New England Conference & Deal Making was held from July 18 through July 20, 2017 at the Hynes Convention Center in Boston. Registered attendance at the Conference was strong again this year, with over 1,200 people registered for the show. The sessions on the opening day of the...
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ICSC RECon 2017 – ICSC RECon Continues to Draw the Crowds

ICSC 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...
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Getting Past the Last Mile: Delivery Challenges For E-Commerce Businesses

E-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...
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The Rise of Concierge Retail

Retailers 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...
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Leveraging Digital Tech to Make Brick and Mortar Retail A Destination

With a growing percentage of retail sales shifting online , brick-and-mortar retailers are adopting novel approaches to enrich the experience of avisit to their stores. In some cases, stores are using novel technologies to attract new customers. For a limited time, Bloomingdale’s flagship in Manhattan featured a “Clothing-to-Go” window...
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The (Border) Adjustment Bureau: Hold On to Your (Imported) Hats

Retailers would be wise to pay close attention to the upcoming tax-plan deliberations of the 115th U.S. Congress. A proposal currently being considered would adjust the U.S. corporate tax by making imports a non-deductible expense. This adjustment is intended to create incentives for domestic production, as companies would no...
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Upscale Food Halls—On Trend and On The Rise

The growth of high-end food halls is taking off around the country as consumers seek fast, fresh, high-quality, chef-driven meals with a local touch, and as landlords seek to cash in on the continued growth of fast-casual dining. These boutique-style, upscale food halls are modeled more after famous European...
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Blockchain – The Future of Real Estate?

Bitcoin and blockchain technology have been gaining publicity in recent years, and although they are primarily known for their use as a digital payment system, there are also promising uses in many areas where trust, cost and efficiency can be improved, including real estate. So what is blockchain, exactly?...
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Industry-Wide Confidence Shines Through At ICSC’s 2016 Law Conference

The 2016 ICSC Law Conference was held last week at the Diplomat Resort in Hollywood, Florida.  Attendance was very strong this year, with over 1425 lawyers, paralegals, lease administrators, brokers and other retail real estate professionals attending. The strong participation seems to reflect wider confidence in our industry, with...
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Food For Thought: How Delivery-Only Food Service Is Impacting Retail Real Estate

Today’s consumer is a tricky one – she is impatient and demanding.  She requires excellent service in the blink of an eye (or perhaps, more appropriately, in the swipe of a finger), and likes to eat meals made with high quality ingredients. Celebrity chefs have taken note. Chefs like...
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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 obsession. Companies such as Crest and Freshii have been gathering market research from consumer...
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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 kicked-off with several social activities, including the golf tournament, the new sporting...
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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 of total retail sales. That said, the percentage of e-commerce sales related to total retail sales continues...
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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 attendees, representing the more than 1,100 companies that registered for the sold...
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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 marketplace, including websites such as Etsy and Kickstarter, allows small businesses to use various methods to tailor...
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The “Sharing Economy” Creeps into Retail

Millenials are having an increasing impact on the retail industry. Reports estimate that the generation’s, defined as people born between 1982 and 2004, spending will soon account for approximately 30% of all retail sales, as this blog recently discussed . Millenials were hit hard by the financial crisis of...
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Heavyweights Battle Over The Future Of Retail

Is the future of retail online, or will it remain in brick-and-mortar stores? It is a common topic of speculation among the retail industry, with some claiming that brick-and-mortar stores are a dying breed and others claiming that they matter now more than ever . Amidst this fray, two...
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Sporting Fashion: An Evolution from the Hardwood to the Runway

During the 1989 MLB All-Star Game , the world was left in blissful wonderment over the most memorable sports campaign ever produced . The “Bo Knows” campaign became the paradigm of sports marketing, catapulting Nike into mainstream consciousness, and helping it supplant Reebok as the top athletic shoemaker. By...
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Black Friday? Not This Year.

Black Friday is the infamous day that kicks off the official holiday shopping season in the United States. With many folks and students enjoying the day after Thanksgiving off, Black Friday is the perfect time to start working through lengthy holiday gift lists. Traditionally, retailers offer incredible sales, vying...
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