Retail

Getting results for retailers through industry experience and multidisciplinary expertise

Retailers work in a fast-paced, high-profile world -- one that requires knowledgeable, effective and accessible legal counsel who understand the retail industry.

JMBM's Retail Industry Group has represented the needs of retailers for decades. We understand the need to protect and strengthen your brand; make good deals on leases, successfully develop new stores, and close them down when necessary; secure, restructure or workout financing; hire and retain employees and executives, deal with labor and employment issues; defend consumer lawsuits; and comply with a host of regulations. In a changing and highly competitive world, we work with our clients to navigate increasingly challenging trends and take advantage of new opportunities.

Our clientele include traditional and online retailers, chain retailers, big box stores and anchor tenants, for a wide variety of retail product including:

  • Consumer electronics
  • Apparel
  • Restaurants
  • Beauty and cosmetics
  • Banks
  • Learning centers
  • Sporting goods
  • Pharmacy & variety stores
  • Food & grocery stores
  • Fitness centers
  • Shopping centers
  • Gas stations
  • Office supplies
  • Office and residential furniture
  • Specialty retailers
  • Toys
  • Online services and products

A Multidisciplinary Team

Our expertise in corporate matters, financing, intellectual property, real estate, employment and labor, litigation -- including class action defense, construction litigation, protection of trade secrets and landlord-tenant disputes -- bankruptcy matters and taxation allows us to provide our retail clients with responsive, dependable, single-source service.

Real Estate, Land Use and Environment

Our real estate attorneys represent clients in all facets of real estate development, transactions and disputes. JMBM’s real estate experience bridges all types of retail projects including chain stores, stand alone properties, shopping center and mixed use projects. Our real estate services include the following:

  • Leases and lease buyouts
  • Purchase and sale
  • Real estate finance
  • Construction and site selection
  • Proposition 65 issues
  • Americans with Disabilities Act (ADA)
  • CC&Rs
  • Easement agreements
  • Development agreements
  • Land use and entitlement
  • Historic preservation
  • Disposition of excess properties
  • Portfolio management
  • Expansions and remodels
  • Chain-wide rollouts
  • Abstracting lease portfolios
  • Environmental law
  • Title insurance and mechanics liens
  • Ground leases, subleases, other leasehold financing documents

Corporate Representation

JMBM corporate attorneys serve as business counselors and skilled negotiators, representing retailers on a full range of financing, transactional and operational issues, including the following:

  • Debt and equity financings
  • Joint ventures Strategic alliances
  • Franchise
  • E-commerce
  • Credit card issues
  • Mergers & acquisitions
  • Real estate finance
  • Regulatory compliance
  • Sweepstakes Privacy, security and identity theft

Intellectual Property

JMBM IP attorneys are experienced in the process of identifying, protecting, defending, maximizing and enforcing intellectual property rights for retailers. JMBM's Intellectual Property Group handles the following for retailers:

  • Trademark
  • Copyright
  • Trade dress
  • Trade secrets
  • Licensing
  • Patent
  • Counterfeit protection
  • Internet and domain names
  • Customs importation
  • Advertising
  • Litigation involving the above

Labor and Employment

JMBM's labor and employment lawyers work closely with retail clients to develop proactive compliance and dispute resolution strategies. Our goal is to find solutions that minimize disputes with employees and maximize strategic advantage if litigation is necessary. When controversy is unavoidable, we are effective advocates, having handled literally hundreds of jury trials, administrative trials and appeals before courts and administrative agencies nationwide. We are experienced in the full range of employment and labor law issues, and provide counseling and litigation expertise in the following areas:

  • Wage and hour disputes
  • Family Medical Leave Act
  • Age Discrimination in Employment Act
  • Fair Labor Standards Act
  • Family and Medical Leave Act
  • Trade secrets and non-competition agreements
  • Management representation in collective bargaining – including multi-union, multi-location talks
  • Responses to grievance and arbitration actions
  • Management of reductions in force, drug testing, discipline proceedings and strikes
  • Representation in NLRB proceedings

Litigation

The JMBM Litigation Group represents retailers as both defendants and plaintiffs. JMBM litigators have successfully handled complex matters involving multiple parties and jurisdictions, substantial economic claims and challenging legal issues. We represent retailers in a wide range of issues, including the following:

  • Class action defense
  • Unfair competition and business practice claims
  • ADA defense
  • Landlord-tenant disputes
  • Partnership disputes
  • Construction litigation
  • Eminent domain and inverse condemnation
  • Mechanics lien claims
  • Bankruptcy Labor and employment law issues

Bankruptcy, Workouts and Restructuring

JMBM's Bankruptcy Group has earned a national reputation in insolvency law and bankruptcy practice, providing practical, time-sensitive restructuring and workout solutions to creditors and troubled businesses, both in and out of bankruptcy. Our lawyers are experienced in evaluating both the financial restructuring and bankruptcy implications of a full range of business and real estate transactions. Our lawyers are at home in all Federal and State courts (and routinely appear in bankruptcy cases throughout the United States), arbitrations, mediations and judicial references. Our services provided to retailers include:

  • Out of court workouts, liquidations and corporate dissolutions
  • Assignments for the Benefit of Creditors
  • Representation of Chapter 11 debtors
  • Loan workouts in and out of bankruptcy
  • Assumption or rejection of executory contracts and unexpired leases in bankruptcy
  • Representing landlords in retail bankruptcy cases concerning timely payment of rent, going out of business sales and store closing guidelines, and lease designation rights
  • Buying and selling troubled assets in and out of bankruptcy
  • Disposition of intellectual property licenses and software agreements
  • Relief from the automatic stay and offset issues in bankruptcy
  • Negotiating, preparing and confirming Chapter 11 plans for both debtors and creditors
  • Negotiating and documenting cash collateral orders and debtor-in-possession financing for both debtors and creditors
  • Litigating reclamation claims, administrative claims and general unsecured claims for creditors in retail bankruptcy cases
  • Representation of creditor and equity committees in retail bankruptcy cases
  • Advising suppliers to retail Chapter 11 debtors of their rights concerning doing business with a Chapter 11 debtor
  • Defense of bankruptcy related litigation, such as preference or turnover actions

JMBM's Retail Industry Group is committed to delivering the results retailers need to pursue their projects and operations with confidence.

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