Kevin P. O'Flaherty

Kevin P. O'Flaherty

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Kevin P. O'Flaherty

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.

Teavana and Whole Foods: Is the Pendulum Swinging in Favor of Protecting Mall Landlords Against Strategic Tenant Closures?

As mall landlords continue to see substantial tenant vacancies, some landlords have begun to challenge solvent tenants who decide to go dark before the end of their lease. In two important recent cases — Simon Property Group, L.P. v. Starbucks Corporation, Case No. 49D01-1708-PL-032170 (Indiana Superior Court) and Bellevue...
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Hostile Doesn't Mean MEAN: Understanding Employment Law

Dealing with employees also means dealing with their misconceptions about employment law. This blog entry highlights some of these misconceptions and reminds employers of the significance of employment at will. Notwithstanding misunderstanding to contrary, it is still generally and genuinely the case that an employer can fire an employee...
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Spring Cleaning: Dealing with Increased Sexual Harassment Claims

Employment lawyers deal with more claims of sex harassment in the spring than at any other time all year (with the possible exception of the weeks immediately following company holiday parties). Whatever the reason, this is the time of year when employers are particularly worried about vicarious liability under...
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Report: Internet Sales Taxes Hit Amazon, but Not to Brick and Mortar Benefit

A recent report indicates that new state taxes imposed on purchases from online retailer Amazon drove down purchases from Amazon by almost 10%. The report compared Amazon sales figures in 5 states which recently started collecting taxes from Amazon sales, to online sales before the implementation of taxes and...
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The Obligation to Preserve Footage from Surveillance Cameras

Surveillance cameras are everywhere these days, including the retail environment. Surveillance technology allows retailers to monitor their premises more thoroughly than ever , thereby enhancing security. At the same time, however, the increased security comes with legal obligations that are still evolving and may vary depending on the jurisdiction....
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Trouble at the Mall: Retailers Face New Challenges with ADA Compliance

Recently, the United States District Court for the District of Colorado found 248 Hollister brand stores around the country in violation of the Americans with Disabilities Act (“ADA”). These stores used a raised front porch at the store entrance that is inaccessible to people in wheelchairs. The case (Colorado...
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