Articles

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

Nancy Davids Nancy Davids from  Goulston & Storrs  on 
It is clear that the retail industry is in a time of great transition. As a result, sessions focused on mixed-use environments and the realities of anchor downsizing and closures were host to standing-room-only crowds.

Protecting the Popular Brand: Considerations to Avoid Genericide

Andrew O'Connor Andrew O'Connor from  Goulston & Storrs  on 
When it comes to trademark registration, there is such a thing as being too popular. Marks such as Aspirin, Fiberglass, Zipper and Flip Phone became so ubiquitous that they were found to be generic—a commonly used name or description of a kind of product.

Banner Year Expected For Holiday Retail Sales

Jennifer Logan Jennifer Logan from  Goulston & Storrs  on 
This week’s news of former retail giants Sears and Kmart filing for bankruptcy is bound to spur headlines about the death of retail in the U.S.  However, multiple forecasts predict a robust holiday shopping.

On the Origin of Retail: An Evolutionary Analysis

Louise Boesel Giannakis Louise Giannakis from  Goulston & Storrs  on 
While several prominent retailers have turned to bankruptcy and store closures, research demonstrates that this doomsday hype is somewhat overblown. So why the prevailing narrative?

New Massachusetts Trade Secret Laws Effective October 1, 2018

Andrew O'Connor Andrew O'Connor from  Goulston & Storrs  on 
The retail industry closely guards customer and distribution lists. In many cases, these valuable assets are not protected by patent, trademark or copyright law. 

Down But Not Out: Using Showrooms to Revamp Brick and Mortar Retail

Casey Milianta Casey Milianta from  Goulston & Storrs  on 
Recent trends 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.

The Limits of CVM’s Investigative and Punitive Authority

Rodrigo Monteiro de Castro Rodrigo Monteiro de Castro from  monteiro de castro, setoguti advogados  on 
The judgment on Administrative Sanctioning Proceeding held last February 20, 2018 has set a landmark precedent concerning the extent of the investigative and punitive authority bestowed on the Brazilian Securities Commission.

Updates to California Proposition 65 Affect Retailers and their Suppliers

Jonathan Pearlson Jonathan Pearlson from  Goulston & Storrs  on 
On August 30, 2018, significant changes to California’s Proposition 65 warning regulations take effect. In the retail context, it requires businesses with 10 or more employees to warn individuals in California about products containing certain listed chemicals.

Sales Tax Holidays: Serious Savings or Serious Stunt?

Louise Boesel Giannakis Louise Giannakis from  Goulston & Storrs  on 
A closer look into the economics of sales tax holidays reveals that the benefits are questionable for consumers, retailers, and states alike.

Leveraged Returns: How Big Box Retailers are Using In-Store Fulfilment Centers to Bring Consumers Back to Brick-and-Mortar

Zachary Mykulak Zachary Mykulak from  Goulston & Storrs  on 
e-commerce has forced traditional brick-and-mortar retailers to rethink their operations in order to remain competitive. For some, this means developing websites and mobile apps to entice consumers with an omnichannel shopping experience.

A Changed World: The Supreme Court Permits State and Local Taxation of Online Sales by Retailers with No State Presence

Meghan Hottel-Cox Meghan Hottel-Cox from  Goulston & Storrs  on 
With the growing and evolving retail world, one thing had remained constant: retailers did not have to collect sales tax for online sales to states in which they had no physical presence.

“We’ve Updated Our Privacy Policy”: How the EU’s New Data Protection Law is Changing Data Policy Considerations for American Retailers

Karin Rivard Karin K. Rivard from  Goulston & Storrs  on 
If you have ever made an online purchase, chances are that you have received at least one email in the last month notifying you that a company’s privacy policy has changed. These emails are part of efforts to comply with the GDPR.

#Trending: Omnichannel Loyalty and Leveraging Social Media Channels

Zachary Mykulak Zachary Mykulak from  Goulston & Storrs  on 
Technological advancements allow consumers to browse and buy products on smartphones and tablets, bringing an unlimited number of retail options to their fingertips—literally.
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