Brick and mortar retailers are rapidly diversifying checkout and payment methods to combat the erosion of sales to online channels. From self-checkout kiosks, to store-specific mobile applications for payment, scan-as-you-go devices, and even ‘just walk out’ models, retailers are reinventing consumer’s notions of the traditional checkout line.
Continue Reading Lawyering Cashierless Technologies

The rise of e-commerce and the struggle many brick-and-mortar retail stores face is nothing new. Customers are increasingly choosing to shop for clothes, furniture and even groceries from the convenience of their own homes. More recently, however, this shift in the way consumers shop has given rise to new types of retail stores – small showrooms and “pop-up shops.”
Continue Reading From Digital to Physical: New Considerations for Retail Leasing with the Rise of E-Commerce into Physical Spaces

E-commerce and online shopping are here to stay, but the explosion of new technology and the number of resources available to facilitate online shopping is an opportunity for retailers to embrace new ideas and concepts that will increase foot traffic to their physical locations.
Continue Reading Retailers Should Ensure Flexibility in Lease Agreements for In-Store Partners

Retail developers continue to experiment with new concept designs for creating a shopping environment that will bring consumers back to brick and mortar. Along this pursuit to deliver a more attractive retail experience, developers of open-air shopping centers have started lobbying for relaxed open-container ordinances that would enable patrons to explore their retail districts with an alcoholic drink in tow.
Continue Reading Developers Advocating for Open-Container Ordinances May Pose Issues for Retail Store Tenants

Recently, the Fourth Circuit affirmed a jury award in favor of retailer Lord & Taylor for lost profits in connection with a breach of its reciprocal easement agreement with D.C.-area mall owner White Flint, LP. The court found White Flint’s efforts to redevelop the regional mall into a mixed-use project violated the terms of the REA, which can often be an obstacle to redevelopment plans.
Continue Reading Why Retail Developers and Tenants Should Reconsider the Use of Detailed REAs