Blog Posts: Retail Law Advisor
Visit the Full BlogThis 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.
As the “Legal” World Turns – Lessons Learned From ICSC Law Conference 2020
Last month, not only did the International Council of Shopping Center (ICSC) host its 50 th U.S. Law Conference, but, for the first time in its history, it did so virtually due to the impact of COVID-19! While some attendees were a bit apprehensive of how it would all...
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...
Straightening Their Tenants' Ties: Retail Property Owners Are Buying Distressed Retailers Out of Bankruptcy
Since the early days of the COVID-19 crisis in the U.S., it has been a recurring theme to turn on the news and see that yet another big-name retailer is rumored to be on the brink of filing, or has already filed, for bankruptcy. Many well-known brands many of...
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 "Booking.com" Trademark
On June 30, 2020, The Supreme Court of the United States issued its opinion in United States Patent and Trademark Office v. Booking.com 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...
New PPP Loan Availability and Cautionary Guidance Announced
1. The Paycheck Protection Program and Healthcare Enforcement Act: What You Need to Know On April 24, 2020, the President signed into law the Paycheck Protection Program and Healthcare Enhancement Act (the “Act”), amending the CARES Act to increase funds available to eligible businesses through the Paycheck Protection Program (the...
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...
Unconscious Bias in the Retail World
Last week, in our highlights of the 49 th ICSC U.S. Law Conference , we touched on Dr. Mahzarin R. Banaji ’s keynote presentation, where she discussed unconscious bias and how it affects everyone. She has also co-authored a book entitled Blindspot: Hidden Biases of Good People discussing these...
2019 ICSC Law Conference Recap
Last week, over 1,500 members of the retail law industry came together at this year’s 49 th International Council of Shopping Center (ICSC) U.S. Law Conference that was held in San Diego from October 23 through October 25, 2019. Those in attendance ranged from counsel from outside law firms...
Go Mega-Mall or Go Home?
New Jersey’s American Dream “Immersive Consumption” Mall Opening after 23 Years
While increased occurrences of retail store closures and predictions about the death of the shopping mall are causing mall owners to consider downsizing or repurposing their space away from consumer-facing retail and toward e-commerce fulfillment centers or industrial uses, the developers behind New Jersey’s American Dream Mall, a three...
Retail-to-Industrial Conversions: Revolution or Niche Trend?
It may have been unthinkable ten to fifteen years ago, but the shift in consumer shopping patterns from brick-and-mortar stores to online platforms has resulted in the emergence of retail-to-industrial conversions over the past few years. With lower demand for retail space in many markets, several developers and major...
“Retail Apocalypse: The End – Or A New Beginning?”
The last several years have been treacherous for the retail sector. Changing shopping patterns and shifting demographics have led some commentators to declare that the (retail) apocalypse is upon us . And while we have seen numerous mega-bankruptcies, including Sears, Toys ‘R Us, Borders, Payless Shoes and Radio Shack...
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