Retail and Consumer Products

Practices

• Corporate
  Counsel major retailers on matters ranging from game-changing IPOs and M&A deals to major leases and land use matters

  Public offerings of securities for Blue Nile, eBay, Etsy, LeapFrog, Peet’s Coffee & Tea, Stitch Fix and Yelp

  Private placements of securities for Dollar Shave Club, JackThreads, Justin’s, Instacart, Kriser’s Natural Pet, Method Products, Rent The Runway, Tender Greens and zulily

  M&A for Instacart, Method Products, Peet’s Coffee & Tea, Plated, Sazerac, Snikiddy, Specialized Bicycle Components and Urban Decay Cosmetics

  Licensing transactions for companies including 180s, Lifefactory, L.L. Bean and OMsignal

  Real estate transactions for Circuit City and Lowe’s

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• Litigation
  A go-to firm for retail & consumer products companies facing advertising, consumer, privacy and employment class actions

  60+

  Defended 60+ different California Song Beverly Credit Card Act and federal Fair and Accurate Credit Transaction Act (FACTA) class actions for retailers and online businesses arising from credit card transactions

  Played a significant role in some of the largest retail bankruptcy and out-of-court restructuring cases, including Blockbuster, Crabtree & Evelyn, Federated Department Stores, Montgomery Ward, Pizzeria Uno, Athlete’s Foot, Filene’s Basement, Samsonite Company Stores, Oriental Trading Co., Florsheim Shoes, Levitz Home Furnishings, Sharper Image and the Bombay Company

  Represented numerous retailers in employment litigation including wrongful discharge, discrimination and harassment claims and wage and hour class actions

  Significant commercial litigation experience for retailers and technology companies at the intersection of commerce and technology, including E*TRADE, eBay, Google, Sony and StubHub

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• Regulatory
  Handle numerous DOJ, FTC and state attorney general consumer protection investigations, including deceptive and unfair advertising, marketing practices, privacy, data security and financial practices

  Provide counsel to retailers in connection with employee and customer privacy and security policies, programs and training, including safe harbor programs and audits

  Represent retail and ecommerce clients in data security investigations and inquiries by the FTC, Department of Health and Human Services, state attorneys general, European Union Data Protection Authorities and UK Financial Regulators

  Consult on regulatory and corporate governance issues related to the Securities Exchange Act, Sarbanes-Oxley Act, Dodd-Frank Act, JOBS Act, equity and other compensation matters, stockholder rights plans, stockholder proposals and proxy contests, and NASDAQ, NYSE Mkt and NYSE listing requirements

  Counsel US and foreign companies on compliance with US laws and regulations governing the cross-border movement of goods, services and technology and affecting the way US companies conduct business overseas

  Provide regulatory compliance advice on international, federal, state and local employment and labor laws, including affirmative action, discrimination, wage and hour, health and safety, unions and collective bargaining, compensation and benefits

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• Intellectual Property
  22,500+

  Counseled on the selection and adoption of many high-profile retail brands and currently manage 22,500+ marks

  Helped build the trademark portfolios for some leading retailers and consumer products companies including Google, littleBits, Method Products, prAna Living and Sazerac

  Aggressively defend and enforce trademarks for companies including Beyond the Rack, Blue Nile, eBay and LeapFrog

  Provide holistic patenting services and advice to retail and consumer products companies including littleBits, Rolls-Royce and Walmart

  Litigate patent cases in every significant venue in the country for companies including HTC, NexTag, Nintendo, Rosetta Stone and Vistaprint

  Extensive experience asserting claims and instituting UDRP actions for retail and ecommerce clients, including employing actions to successfully transfer to Google nearly 800 infringing domains and obtaining a judgment for BitTorrent resulting in the transfer of 54 domain names and an award of over $2.3 million against a German cybersquatter

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