Articles

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 Commitment Clause

Gustavo Cuevas Gustavo Cuevas from  Cuevas Abogados  on 
The arbitration clause is one that is contained in a contract and that submits disputes that arise after the conclusion of the agreement to the knowledge of an arbitrator.

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.

The Formalities and Different Ways of Investing in France

Vincent Gautier Vincent Gautier from  Jean-Claude Coulon & Associés  on 
Investments in France do not require any autorisation and the formalities for setting up businesses have been simplified.

On Retaildential Densification: Unpacking the Jargon and Trends of Adding Residential Uses to Shopping Centers

David A Lewis David A. Lewis from  Goulston & Storrs  on 
Retail follows rooftops. Few real estate adages are more axiomatic. Increasingly, however, the reverse is becoming true, and rooftops, or residential uses, are cozying up to retail.

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.

No More Lifetime Guarantees – The Importance of a Balanced Return Policy

Tiffany Tsang Tiffany Tsang from  Goulston & Storrs  on 
In February 2018, L.L. Bean made the tough decision to change its lifetime return policy, which had been in existence for over a century. Following the policy change, the company received backlash from its customers.

Does Trademark Protection Extend to On-Line Advertising- Apparently It All Depends

Lawrence Ferris Lawrence Ferris from  Goulston & Storrs  on 
It seems that nearly every day another retailer announces the large-scale closure of brick-and-mortar storefronts, with such household brands as Toys “R” Us and J. Crew, just to name two, planning to shutter stores in 2018.

#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.
English