Franke, Schultz & Mullen, PC | Nielsen Leads Industry Panel Discussion on "Mercant's Defense"
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Nielsen Leads Industry Panel Discussion on "Mercant's Defense"


At the annual meeting of the National Retail and Restaurant Defense Association, FSM partner Brad Nielsen led a panel analysis and discussion of the “Merchant’s Defense.”  The merchant’s defense generally allows a merchant to search and detain suspected shoplifters while waiting for law enforcement without fear of civil liability—as long as the detention is reasonable.  Joining Brad on the panel were the director of claims for J.C. Penny, the liability manager for Safeway Grocery Stores, and a nationally known insurance and workers compensation private investigator.  The panel explored the ways merchants can use the defense, can insure against claims, and can develop strategies to preserve evidence for claims and have procedures in place in case litigation ensues.  The discussion was widely praised by the more than 200 attendees from the restaurant and retail industry.