Retail, Restaurant, & Consumer

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.

ICSC U.S. Law Conference 2021

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 members of the retail industry, including counsel from outside law firms...

New York City Vaccine Mandate for Certain Indoor Activities

In early August 2021, New York City Mayor Bill de Blasio announced the Key to NYC , which requires patrons of indoor dining, indoor fitness and indoor entertainment to provide proof of COVID-19 vaccination. Employees at such establishments must also be vaccinated. There is no exception to this vaccination mandate...

Top 12 Innovative Retail Marketing Trends

Attention retailers! Interesting article to share about the top 12 innovative retail marketing trends. Prior to March 2020, the industry saw a consistent increase in online shopping for more than a decade. Retailers also saw cyber purchases accelerate exponentially during the pandemic. A recent study uncovered more than 40% of customers who...

Can Companies Require Employees to Get The COVID-19 Vaccine? Employment Lawyers Respond

ABC affiliate, WCVB Channel 5 News, consulted Carla Reeves in a segment regarding an employer's ability to require vaccination. "Employers have a decision to make: Do I want to be so rigid that I'm not accounting for the very real challenges that caregivers have?" said Carla during the on-air interview...

Considerations for Converting Dark Stores to Industrial

Recorded by JLL
Watch the recording here. Goulston & Storrs real estate attorney, David Rabinowitz was featured in a live podcast, "Considerations for Converting Dark Stores to Industrial". This was part of JLL's  Where We Buy podcast series, which focuses on the latest topics affecting retail and industrial real estate as product and distribution become one...

Five Takeaways from the BBA Webinar on the State of Retail and Hospitality During COVID

Boston Bar Association Webinar
On November 13th, the Boston Bar Association hosted Uncharted Territory: Challenges Facing Retail, Hospitality Sectors and their Landlords . The live webinar featured Richard Heller, Senior Vice President and General Counsel of Legal Sea Foods, Joseph Wang, a partner in Boston-based Sherin and Lodgen LLP’s Hospitality Practice Group and...

ICSC Law Conference 2020 – 50th Anniversary Edition

This year, the ICSC Law Conference on October 14-16 celebrated its 50 th Anniversary. The planned pomp and circumstance were eliminated due to COVID-19, but the conference was still held using a virtual platform. While less than typical in-person attendance, there was still an impressive number of attendees, reaching...

Bankrupt Retailers Seek Extraordinary Relief in Time of COVID

The COVID-19 pandemic has forced big-name brands to pursue unique strategies to secure fiscal relief. Even prior to the pandemic’s outbreak, certain retailers experienced financial difficulties and filed for Chapter 11 bankruptcy. The pandemic only exacerbated retailers’ difficulties by effectively shuttering stores nationwide, thus halting certain retailers’ “going out...

Increased Charitable Giving in the Time of COVID: Philanthropic or Tax-Driven?

Even before the global COVID-19 pandemic hit, retailers across the country were already prioritizing charitable giving despite the existing downward trend in sales and revenue.  With the recent global COVID-19 pandemic and the resulting lockdowns, closures, and bankruptcies, retail revenue has further decreased.  Still, some companies took this opportunity...

Last Minute Shifts to Last-Mile Delivery Centers: Considerations for Retail Landlords

Owners of shopping centers and other retail spaces are again increasingly looking to novel uses, including distribution and warehouse uses , sometimes called “fulfillment centers”, to fill growing vacancies. These emerging uses raise a number of potential legal issues. The retail industry is undergoing what appears to be a...

Court Partially Excuses Tenant’s Rent Obligations During COVID Shutdown

In the social and economic fallout from COVID, businesses are assessing how best to address their commercial relationships, especially where potentially insurmountable barriers to performance loom large. One clause that concerns performance impossibility has gained increasing recognition in this crisis. “Force majeure” contract clauses long have existed in contracts. Largely...

Avoiding Coronavirus Discrimination Claims in Retail and Hospitality

On the 30 th anniversary of its passage, the Americans with Disabilities Act (ADA) deserves recognition for its continued viability and adaptability in response to contemporary problems and technological change. As the retail and hospitality industries reopen and expand operations during the COVID-19 pandemic, an important component of those...

Supreme Court Affirms "" Trademark

On June 30, 2020, The Supreme Court of the United States issued its opinion in United States Patent and Trademark Office v. B. V. , holding that a mark consisting of a generic term combined with “.com” is not necessarily generic, and may be eligible for trademark protection...

As States Lift Restrictions, Retailers are Trapped on the ‘Leading Edge’

The avalanche began in an unlikely setting, for avalanches at least: Chesapeake Energy Arena, home to the National Basketball Association’s Oklahoma City Thunder, where the home team was set to play the Utah Jazz on the evening of March 11, 2020. That game was canceled minutes before tipoff upon...

COVID-19 Safety Checklist for Reopening Your Workplace

Step 1: Prepare for employees to return to the workplace. Assess the risk level of your workplace according to OSHA Guidelines. Lower exposure risk (caution) jobs are those that do not require contact with people known to be, or suspected of being, infected with SARS-CoV-2 nor frequent close contact...

The Fed Updates the Main Street Lending Program – as of May 1, 2020

Executive Summary On April 30, the Federal Reserve Board (Fed) announced revisions to the scope and eligibility requirements for the Main Street Lending Program (the MSLP or Program) in response to over 2,200 comment letters. The changes generally expand the parameters of the Program, but also include new rules...

Coronavirus: Impact on the Retail Industry

Coronavirus Disease 2019 or “ COVID-19 ” continues to dominate national and international discussion. News outlets in  Boston ,  New York ,  London ,  Mumbai ,  Rio de Janeiro ,  Tokyo , and every other city and town in the world continue to post and print stories related to spread of...

An Unintended Interruption to the Global Supply Chain

The current outbreak of COVID-19 (the coronavirus) will be a test of the global supply chain’s strength in the face of unintended interruptions, and can be a lesson on building-in supply-chain contingency plans.  As a result of COVID-19, many factories in China, which supply the bulk or all goods...

Retail Evolution: Continuing to Think Outside of the Box

In a prior blog, we discussed partnerships between retailers and hotel chains as a strategy for providing customers with an interactive experience and staying competitive in the market. This trend has continued and is further evolving. Retailers are bringing the store to the consumer and inventing new and creative...

Now Trending - Amazon’s Brick and Mortar Expansion of New Concept Stores

Although online shopping is extremely convenient, many consumers still want to touch and test out products before they purchase them. Since 2015, Amazon, with its first brick and mortar Amazon Books store, has made its way out from behind its consumers’ smart phones and onto their street corners to give...

The Future of Online Shopping Is Social

Social media has a well-established position in the retail industry. Brands and retailers have mastered digital and social media tools to engage their target market throughout the customer journey, from awareness, engagement, purchase and well beyond purchase. These advancements in technology have spurred a growing trend in retail: social...

Let’s Get Innovative!

Using short term deals to solve long term problems.
There continues to be a lot of discussion throughout the commercial real estate industry about competition from online retailers and the holes created by failing and downsizing businesses that have traditionally focused on brick and mortar stores. While concern about the retail apocalypse continues to loom, developers are finding...

Sustainable Fashion – A G&S Panel Discussion

Introduction On January 13, 2020, Goulston & Storrs PC hosted a panel discussion featuring leaders in the fashion industry’s movement towards more sustainable practices.  The panel was organized by Jen Furey, a member of Goulston & Storrs PC’s retail group, and Ana Gonzalez Herrera, the founder of the boutique...

What can Amazon do for you?

Economists and industry experts – and the data – agree on little when it comes to holiday sales.  In December, a mere ten days after the National Retail Federation proclaimed that a record 190 million consumers shopped over the five days from Thanksgiving through Cyber Monday – up 14...

2019 Holiday Season Retail Sales Wrap-Up

The holidays are a hectic time for a lot of different reasons. One thing that remains constant through the chaos of work events, family gatherings, and inclement weather is the hustle and bustle of the retail world. This post will feature a summary of some key findings in the...

The 2019 ICSC New York Deal Making Conference and The Ever-Evolving Retail Scene

The ICSC New York Deal Making Conference (“NYDM”) was held at the Jacob Javits Convention Center from December 10-12 and had more than 9,600 registered attendees. This year, ICSC offered much more content than at prior NYDM conferences.  Over the course of 3 days, there were a total of...

Airbnb Slashes Boston Inventory to Meet New Requirements

The number of Airbnb listings in Boston has been cut in half due to local ordinances regulating the operation of short-term rentals. Boston is not the only city pushing back on Airbnb, a company that is battling local city governments across the country while simultaneously addressing concerns about safety...

The Nightmare Before Christmas?

Gift Card Litigation Arrives for the Holidays
It is a little-known fact that, in 1994, Blockbuster video was the first store to display pre-paid gift cards for sale. Unlike VHS rentals, the gift card industry has only grown in popularity. Gift cards from major retailers are at the top of many holiday wish lists. Considered a...