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Retail, Restaurant & Consumer

Our Retail, Restaurant & Consumer Group is multi-disciplinary and brings together a unique and powerful team of corporate, finance, restructuring, litigation, real estate and tax attorneys with expertise in dealing with the specific business and legal issues facing retailers, restaurateurs and consumer goods and services providers, including internet based businesses.  Recognized by Chambers USA,  the Retail group was acknowledged for "notable work for some of the most active retail developers, owners and tenants in the USA."   Chambers also states that the team has "experienced attorneys who are ahead of the game. They understand the interplay between the law and commercial reality."

Bringing together specialists in the areas of concern to our clients, we provide advice with respect to mergers and acquisitions, dispositions, joint ventures, public and private debt and equity financings, intellectual property and real estate matters. We also provide business advice on the range of day-to-day issues facing many of these clients, including employment, executive compensation, tax, vendor relationships, licensing, securities, trademark, copyright, and general contract issues.

The Group’s clients have included:

  • Autopart International
  • Kate Spade
  • April Cornell
  • McGregor Fashion Group B.V.
  • Barnes & Noble
  • New York & Co.
  • Bath & Body Works
  • Not Your Average Joe’s
  • Betsey Johnson
  • PETCO
  • Bluemercury
  • Sohu.com
  • BobVila.com
  • 7 for All Mankind
  • eLong.com
  • Soft Surroundings
  • Farrow & Ball
  • Stavis Seafoods, Inc.
  • Frugal Fannie’s
  • Swarovski Crystal
  • IKEA
  • The Stop & Shop Supermarket Company
  • J. Crew
  • Tory Burch
  • J. Jill
  • Wagamama
  • Jordan’s Furniture
  •  Winston Flowers

 

 

 

Representative Projects and Transactions

Corporate

  • Representation of Magic Brands and Fuddruckers, an owner, operator and franchisor of over 200 fast casual restaurants in the United States and Canada, in their Chapter 11 reorganization pending in the District of Delaware.
  • Representation of Boston Culinary Group, a leading provider of food and beverage concessions services, in its merger with Centerplate, Inc., a Kohlberg & Co., portfolio company.  
  • Representation of Retail Convergence, Inc. (parent company of Rue La La and SmartBargains eCommerce sites) in its merger with GSI Commerce, Inc. 
  • Special counsel to Hoop Retail, LLC (prior owner of Disney Stores) in connection with their Chapter 11 cases.

Employment & Litigation

  • Ongoing employment advice to Betsey Johnson including wage and hour issues, review of employment policies and procedures and ensuring state-by-state compliance. 
  • Gordon Brothers and a national electronic retailer in all issues related to closing a nation-wide retail operation. Included wage and hour issues, severance and WARN issues and negotiating departures for high level employees with contracts. 
  • Shreve Crump & Low on employee policy manuals and general employment advice. 

Finance 

  • Bank of America’s Retail and Apparel group, as agent bank, and other lenders in financings for: 
    • Linens 'n Things ($150 million)
    • Barnes & Noble, Inc. ($745 million)
    • Lands' End ($200 million)
    • Ross Stores, Inc. ($600 million)

Intellectual Property 

  • Represent privately owned international investment company in the licensing rights for the retail roll-out of Saks Fifth Avenue in the People's Republic of China and Macau.
  • Represented the owner of a major international skiwear brand for over 20 years, advising on trademark registrations in over 30 jurisdictions around the world, preparation of all international distribution agreements, negotiation and drafting of license agreement for international licensee, and advice in connection with intellectual property disputes in various jurisdictions. 

Real Estate

  • Represented major retail tenant occupying in-line space in enclosed regional malls "rolling-out" over 300 locations. 
  • Parcel assemblage, permitting, financing and leasing of several mixed use and lifestyle centers and regional shopping malls, such as Mansfield Crossing; The Natick Collection; The Shoppes at Derby Street; Patriot Place, Foxboro; The Atrium at Chestnut Hill; CambridgeSide Galleria; Solomon Pond Mall; Legacy Place, Dedham; Hingham Shipyard; and Worcester Center. 
  • Acquisition and development of numerous wholesale clubs and The Stop & Shop Supermarket Companies. 

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