Author Archives: Peter Costa

On December 11th, the U.S. Food and Drug Administration authorized the emergency use of Pfizer and BioNTech’s COVID-19 vaccine. The vaccine (and others nearing approval) are expected to reach hundreds of millions of Americans by the end of 2021. These efforts should bring an end to the most devastating global pandemic in a century. Amid […]

On September 15th, Walmart launched Walmart+, an online paid membership service that will compete directly with Amazon Prime for the growing population of shoppers on the web who crave faster delivery options. The two loyalty programs hit similar price points: Amazon Prime is $119 per year or $12.99 per month, including a 30-day free trial, […]

The outbreak of COVID-19 is having an unsettling effect worldwide, and many businesses have been negatively impacted by stringent lockdowns and waning consumer confidence. Unexpected events, such as the COVID-19 outbreak, can trigger the material adverse change (MAC) clause in contractual agreements. MAC clauses can be triggered when a buyer has signed, but not executed, […]

Last week, three major U.S. department stores, J.C. Penney, Macy’s, and Kohl’s, topped analysts’ fourth quarter earnings and revenue estimates. Despite exceeding expectations (which were already tempered by a generally soft Holiday season), notable risks still loom for large brick and mortar retailers. The hazards are well documented: consumers have changed purchasing habits to favor […]