Retail
Our attorneys have significant expertise in the retail sector. Among our clients are prominent apparel and footwear, luxury goods, outdoor recreation, health spa and cosmetic and novelty items retailers and chains. Our services in this sector include:
Commercial and Business Relationships: We are involved in many types of commercial arrangements, including license agreements, distribution agreements, supply chain relationships, joint ventures and strategic alliances, agreements with vendors (manufacturing, buying agent, and the like), IT agreements, capital purchases, equipment leases, and many other commercial transactions.
Intellectual Property: We regularly help retail apparel clients to protect their own intellectual property through a combination of patent, trademark/trade dress, copyright and trade secrets strategies and to ensure that such companies do not infringe the intellectual property rights of third parties. The apparel business has become highly litigious in the intellectual property area and it is crucial effectively to address intellectual property issues.
Advertising and Unfair Competition: Our lawyers regularly advise apparel and footwear clients on FTC, advertising, product disclosure, comparative advertising and unfair competition issues to make sure our clients are operating on a level playing vis a vis their competitors and to avoid potentially problematic situations.
Deceptive Pricing: The risk of deceptive pricing class action lawsuits is tremendous in this industry. We regularly counsel clients on their pricing practices and devise proactive strategies to avoid deceptive pricing litigation.
Labor and Employment: Retail apparel and footwear companies operate in an increasingly litigious world where careful labor compliance is essential. Kane Kessler attorneys regular advise clients with respect to hiring and firing, wage and hour compliance issues, defending employment related claims (including discrimination), non-competition agreements, Americans with Disability Act compliance (both brick and mortar and online), employee handbooks, and many other employment related matters.
E-commerce: We have substantial experience in managing legal needs in the e-commerce space, including handling contractual relationships with IT vendors, drafting appropriate website privacy and terms and conditions policies, and making appropriate and legally required website disclosures. We appreciate the importance of omni-channel operations and help our clients operate across multiple platforms.
Data Collection and Privacy: We regularly counsel clients as to issues regarding collection, security and storage of personally identifiable data, including issues affecting credit card transactions (Song Beverly Act compliance and the like).
Supply Chain and Social Responsibility: Kane Kessler has extensive experience in managing global supply chain issues with manufacturers, raw material suppliers, buying agents, 3PL providers, customs agents, and others. We also regularly assist clients in global social responsibility issues relating to, among other things, human trafficking, animal rights, FCPA, child labor, environmental, conflict minerals and other issues, and preparing terms of engagement and global compliance principles for clients.
Real Estate: Our real estate group is expert in commercial leasing and real estate acquisition matters as they arise. We have worked closely with and have strong relationships with all of the major commercial landlords and mall operators.
Securities, Finance and Corporate Transactions: We regularly represent public companies in their federal 1934 Act filings, and other securities laws issues facing public companies. We also regularly counsel clients in corporate finance issues including sophisticated equity and debt offerings and transactions.
Litigation: Above all, our goal is litigation avoidance. However, when litigation is necessary, our team of trial-ready, experienced and aggressive litigators regularly handle litigation for apparel and footwear companies relating to commercial disputes, intellectual property, and many other issues.
Bankruptcy and Creditor’s Rights: Kane Kessler has an active bankruptcy department that represents creditors and creditor committees and debtors in bankruptcy and reorganization proceedings.