INDUSTRY EXPERIENCE

Retail Industry

LEADERSHIP: Barry M. Abelson

Few industries are as vital and competitive as retailing. Retail clients need a knowledgeable and experienced law firm capable in virtually all areas of the law, with the size and skills necessary to respond rapidly to the challenges and opportunities of business. In short, they need a law firm like Pepper Hamilton LLP. We help retail clients conduct business transactions, resolve disputes and navigate government regulation so that they can grow and prosper. Whether you are seeking capital, restructuring your business, dealing with workforce issues, trimming your tax burden or settling a dispute, chances are a Pepper lawyer has already handled a case or transaction like yours.

Our Experience

Corporate and Securities

We represent retailers ranging from startups to large public companies in corporate matters. We assist clients with mergers and acquisitions, joint ventures and partnering arrangements, public and private securities offerings, restructurings and reorganizations, and venture capital and other financing transactions. Frequently, these transactions involve such disparate legal areas as environmental, real estate, labor and employee benefits. Our transactional lawyers regularly team with lawyers in these and other practice areas to resolve client problems. For example, our corporate and securities lawyers work closely with the firm’s tax group to employ structures designed to maximize the tax benefits available to our clients. Corporate lawyers also work closely with the intellectual property and antitrust practice groups in advising clients on licensing, technology transfer and other transactions.

Intellectual Property

The firm is experienced in advising leading designers, manufacturers and retailers in intellectual property matters, including managing extensive global portfolios of patents, trademarks and copyrights, and representing clients in all types of infringement litigation. The firm, for example, is nationally known for its work in anti-counterfeiting actions, especially injunctions and seizure orders. Pepper has obtained numerous individual, national and facility injunctions to protect the trademarks and copyrights of major software, novelty, jewelry and designer consumer product manufacturers and retailers from around the world. Pepper also has extensive experience in intellectual property issues related to online retailing.

Labor and Employment

Pepper represents retailers in all aspects of human resource management, from counseling on day-to-day employment issues to strategic counseling regarding business transactions. We also are experienced in resolving a wide variety of employment and benefits litigation for retail clients.

Real Estate

Our real estate lawyers, often with the assistance of Pepper lawyers in other practice areas (including banking, public finance, bankruptcy, construction, environmental, securities and tax), handle complex real estate matters on a regional and national basis.

Our practice involves the development, acquisition, disposition, leasing, financing, construction and syndication of industrial, commercial and residential real estate; real estate loan and partnership work-outs, foreclosures and bankruptcies; zoning and land use; the regulation of financial institutions; and real estate taxation.

Bankruptcy and Reorganization

Pepper’s Bankruptcy and Reorganization Practice Group handles a full range of debtor/creditor matters, regardless of the complexity, location, industry or market sector involved. Members of the group, drawing on their own experience and the assistance of Pepper’s other practitioners, have addressed many complex subjects necessary to the successful resolution of bankruptcy and reorganization matters, including environmental, collective bargaining, transportation, leveraged buyout, toxic tort, pension, intellectual property, health care, financial institution, mortgage banking, real estate, construction/surety, insurance and tax issues.

The group’s bankruptcy experience has developed over the years through the representation of substantial interests in complex business failures. In addition, we have handled the reorganization of many retail businesses, including service station and auto parts chains, retail grocery chains, clothing chains, hardware chains, restaurant chains, department stores, candy stores, electronics and appliance chains, specialty food stores and discount department stores.

Litigation

Pepper’s Trial and Dispute Resolution Practice Group handles a wide array of disputes for retailers. In addition to general commercial litigation, our lawyers are skilled in antitrust and competition litigation, securities and shareholder litigation, insurance and reinsurance litigation and white-collar criminal defense. We also have experience assisting companies in managing the many challenges that arise in a franchise or distribution relationship.

In addition, we help retail clients in developing, improving and defending their advertising and marketing practices, including representing them in enforcement proceedings initiated by the Federal Trade Commission (FTC) and by state attorneys general and other parties.