Canadian Lawyer InHouse

April/May 2020

Legal news and trends for Canadian in-house counsel and c-suite executives

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32 INDUSTRY SPOTLIGHT THE CANADIAN RETAIL landscape has shifted as consumers are demanding speed, convenience and value, all wrapped up in an enhanced shopping experience. From new store formats to omnichannel sales and marketing, retailers are coming up with innovative ways to adapt to the evolving shopper mindset. Sustainability and privacy are a growing concern for consumers, so retailers are taking action to meet those demands. Innovation As e-commerce continues to attract con- sumers, some speculate that the death of bricks-and-mortar retail is upon us, but not all retailers agree. "Bricks and mortar will continue to remain important," says Christine MacLean, general counsel and chief privacy officer at London Drugs Ltd. "To be successful, you have a have a combination of physical locations and an online presence." Katie Jamieson, senior vice president, legal at Herschel Supply Company, agrees that it's not all doom and gloom in bricks-and-mortar retail. "People are just changing the way they shop, so retailers like Herschel need to evolve the way we react to those consum- ers," she says. Herschel recently opened a Retailers adapt to consumer needs Legal leaders from top retailers discuss strategies for meeting consumer desire for innovation, convenience and sustainability 5,000-square-foot store in downtown Vancou- ver, which features an infinity room offering wall-to-wall mirrors to showcase products, as well as a dedicated floor space for sculptures made by local artists. "Traditional retail would dictate that we shouldn't take away valuable floor space from stocking products, but it complements our brand and creates an expe- rience for shoppers," says Jamieson. Store formats are changing as large-foot- print stores in urban locations become more challenging to sustain economically. Together with the decreasing traffic in traditional shop- ping malls, this has created a need for smaller, less-permanent locations. One of Herschel's strategies for reaching shoppers in new places involves opening temporary pop-up and pop-in stores all over the world, which serve to boost sales and drive more traffic to the brand's website. Jamieson works with her team to come up with creative and flexible lease arrangements with landlords and tenants. "Innovation comes up in almost every as- pect of retail," says Kate McGilvray, a partner at Blake Cassels & Graydon LLP. "It comes up when we ask landlords in terms of what their leases look like and it comes up when we ask retailers for e-commerce provisions. We tell retailers the landscape of what they RETAIL EXPERTS CHRISTINE MACLEAN GENER AL COUNSEL AND CHIEF PRIVACY OFFICER AT LONDON DRUGS LTD. CHRIS GOUGL AS VP, LEGAL SERVICES & PROCUREMENT, BEST BUY CANADA LTD. K ATIE JAMIESON SVP, LEGAL , HERSCHEL SUPPLY COMPANY MIRANDA L AM PARTNER, MCCARTHY TÉ TR AULT LLP K ATE MCGILVRAY PARTNER, BL AKE CASSELS & GR AYDON LLP

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