Key Takeaways – 7th Annual Consumer Products And Retail Summit

McCarthy Tetrault's 7th Annual Consumer Products and Retail Summit was held on February 23, 2017. Here are our key takeaways from the Summit:

Visions of the Changing Retail Industry

Erol Uzumeri, Searchlight Capital Partners

The major trends impacting the consumer sector include: experience economy, digital disintermediation, silver economy, convenience, personalization and authenticity; Successful retailers need to leverage their customer data to address consumers' changing preferences; Retailers need to carefully consider the investments required to create clear and differentiated positioning and cannot afford to remain stationary with the factors impacting the consumer sector on a daily basis. Transactional Trends and Issues in the US Retail Market: Implications for Canada

Samuel A. Newman, Gibson, Dunn & Crutcher

Considering the challenging trends, retailers in distress can consider a non-bankruptcy asset sale, receivership or assignment for the benefit of creditors; sale of assets can also be conducted through a bankruptcy filing; Sale through a bankruptcy filing reduces certain transaction risks; Retailers should consider value preservation issues such as intellectual property including consumer data, real property and tax attributes. Opportunities for Retailers and Consumer Products Companies under the new Canada EU Trade Agreement (CETA)

John Boscariol and Robert Glasgow, McCarthy Tétrault

CETA is expected to come into force in Canada and Europe in the next few months - companies should be doing a review of their operations (both sourcing and sales) to be in the best position to take advantage of CETA benefits; For those importing or exporting products between Canada and Europe, check the rules of origin applicable to your products to determine whether you qualify for tariff-free access; CETA does more than any other trade agreement in addressing divergent regulations that apply after importation - the new conformity assessment regime is designed to ensure that products can be tested and certified in one location for purposes of regulatory requirements in both jurisdictions; CETA stands in stark contrast to the faltering US-EU Trans-Atlantic Trade and Investment Partnership (TTIP) negotiations and the growing worldwide backlash against the liberalization of trade and investment rules - if Canada is able to successfully maintain most of its access to US markets under NAFTA and continues to seek expanded trade and investment...