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In Depth

Loeb & Loeb’s multidisciplinary Consumer Products and Retail Practice provides comprehensive guidance on the full spectrum of legal and business issues facing clients that manufacture and sell consumer products of all kinds, ranging from the essential to the extravagant. We advise clients on topics of critical importance to the retail industry, with a focus on consumer-related matters, including litigation and class-action defense, marketing and advertising, branding and intellectual property, digital media and e-commerce, and cybersecurity and data protection. Our industry specialists understand the market challenges unique to the retail sector. We bring innovative solutions to help our clients meet their strategic objectives, while proactively identifying areas of opportunity and addressing current and emerging risks.

Loeb & Loeb represents traditional brick-and-mortar consumer businesses and electronic retailers of all types, including department stores and specialty retailers, designers and luxury brands, and clothing and accessories manufacturers, as well as household products and home furnishing companies, among many others.

From an integrated service platform, we advise on all aspects of our clients’ businesses, including the following core areas:

Consumer Litigation and Class-Action Defense
We defend retail clients in government enforcement actions, regulatory investigations and private class-action lawsuits that allege violations of consumer protection and unfair competition laws, including consumer privacy claims, marketing and advertising misrepresentation claims, and economic product defect claims. Our experience includes representing consumer-facing businesses in significant actions before the Federal Trade Commission, the U.S. Department of Justice and state attorneys general, as well as prosecuting and defending claims of false and misleading advertising.

Intellectual Property and Consumer Branding
Our attorneys combine deep experience in the substantive areas of trademark and copyright law with an understanding of retail market trends and business models to help our clients promote and protect their consumer brands worldwide. We provide a full range of IP services and regularly counsel on matters involving trademark and copyright clearance, registration, policing and enforcement. Our team also handles IP litigation and dispute resolution before federal, state and private tribunals, and the Trademark Trial and Appeal Board.

Retail Marketing and Advertising
Loeb & Loeb provides sophisticated counsel on the broad range of issues retail companies face as they employ and adapt advertising, marketing and technology to reach, serve and expand their markets. We are especially adept at navigating the convergence of advertising and technology, and regularly counsel clients on issues surrounding behavioral targeting; data optimization; and digital, mobile and social media campaigns. Our attorneys also have a unique depth of experience advising clients on matters involving the development, substantiation, approval and defense of advertising and marketing claims.

Privacy, Security and Data Optimization for the Retail Industry
Loeb & Loeb is at the forefront of big data and the convergence of media, technology and business, counseling many leading consumer brands on cutting-edge privacy and cybersecurity implications of new communication strategies. We advise on regulatory and compliance issues related to the collection, storage and use of consumer data, including in connection with interactive marketing campaigns, customer loyalty programs and other transactions involving sensitive consumer information. Our team also advises retail clients on response to cyberattacks and data breach incidents, including internal investigations and crisis management.

Real Estate in the Retail Industry
From flagship stores in urban settings to malls, shopping centers, outlets and warehouses, our team offers a breadth of real estate services to clients who are buying, selling, leasing, investing in or developing retail properties of all types. We have unique experience working with retailers and consumer brands in matters at the intersection of real estate, technology and advertising, including lease and licensing agreements for advertising time on electronic billboards and digital screens at high-profile properties, as well as transactions involving consumer data collection within retail store environments. We also represent retail clients in real estate litigation in state and federal courts, and in matters involving creditors’ rights, workouts and restructurings.

Retail Employment and Labor
Loeb & Loeb routinely advises employers within the retail and consumer products sectors on all aspects of employment, labor relations and dispute resolution, including matters involving wage and hour issues, terminations, discrimination and harassment issues and investigations, disability accommodations, and claims of unpaid compensation. Our practice includes litigation of single-plaintiff and class-action disputes, negotiation of agreements, and employment advice and policy creation.

Corporate and Transactional Services for Retailers
We provide our clients with advice covering the full range of transactional matters, from organization to capital raising to business combinations and joint ventures, and, ultimately, to sale. In addition, Loeb & Loeb’s team is well-positioned to assist with business planning, evaluation of business opportunities and strategic business relationships, establishing short- and long-term objectives, and determining key courses of action.

Technology and Outsourcing Transactions for the Retail Industry
Our technology and outsourcing attorneys regularly advise clients on the full life-cycle of transactions, from contract development and negotiation through exit strategies and dispute resolution. We counsel some of the largest global and regional retailers on key initiatives to address global expansion, cloud computing and other new technology implementation and risk management. With decades of experience structuring some of the largest and most innovative information technology and outsourcing transactions, we regularly assist clients in the retail industry fuel their growth through technology-enabled transactions, including transactions involving POS devices, merchandising and inventory systems, and enterprise IT solutions to support multi-channel retail sales initiatives.