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In Depth

Loeb & Loeb’s Retail and Consumer Brands team helps clients navigate industry transitions and achieve business goals in today’s highly competitive retail environment. We deliver innovative solutions to help our clients understand the challenges of a changing marketplace, capitalize on opportunities, and identify and address current and emerging risks. Our clients include department stores; big-box, online and specialty retailers; and designers and sellers of goods ranging from electronics to sports equipment and from home furnishings to food.

Leveraging our multidisciplinary industry team, we advise retail clients on matters touching nearly every aspect of their business, with a focus on brand protection and consumer-related issues, including marketing and advertising, intellectual property, digital media and e-commerce, cybersecurity and data protection, and litigation and class-action defense. In today’s evolving retail landscape, we are also involved in restructuring efforts for industry players grappling with unprecedented market and economic forces and in corporate transactions furthering industry consolidation.  

Our full-service offering for the retail industry includes a particular depth of expertise in the following areas.

Marketing, Advertising and Brand Identity 
Loeb & Loeb provides sophisticated counsel on the broad range of issues retail and consumer products companies face as they employ and adapt advertising, marketing and technology to reach, serve and expand their markets. We understand the value of brands and work to strategically clear, exploit and protect critical intellectual property assets domestically and internationally. We are especially adept at navigating the convergence of advertising and technology, and we regularly counsel advertisers and leading advertising, promotions and related agencies on behavioral targeting; data optimization; and digital, mobile and social media campaigns. 

Our attorneys also have a unique depth of experience advising clients on the development, substantiation, approval and defense of advertising and marketing claims, including pricing and product performance claims. We have successfully represented major retailers in litigation, in investigations and enforcement proceedings by the Federal Trade Commission and other federal and state regulatory agencies, and before the Trademark Trial and Appeal Board and dispute resolution forums, including self-regulatory proceedings before the National Advertising Division. 

Privacy, Security and Data Optimization 
Loeb & Loeb is at the forefront of big data and the convergence of media, technology and business, counseling many leading consumer brands on the 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 in connection with their response to cyberattacks and data breach incidents, including internal investigations and crisis management.

Bankruptcy and Restructurings
As evolving consumer habits and the continued rise of e-commerce put greater stresses on brick-and-mortar retail, Loeb & Loeb is positioned to assist industry players through a range of challenges, including bankruptcy and restructuring. We have represented debtors, creditors and landlords in a number of complex retail restructurings. Our team includes transactional attorneys and litigators who offer a multidisciplinary approach to crafting practical solutions for our retail clients that are facing financially distressed situations.

Technology and Outsourcing 
Recognizing the rapid transformation of the marketplace, our technology and outsourcing attorneys 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, including in connection with sophisticated payment technologies. We help 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 multichannel retail sales initiatives.

Consumer Litigation and Class-Action Defense
We defend retail clients in government enforcement actions, regulatory investigations, and class-action lawsuits that allege violations of consumer protection and unfair competition laws, including consumer privacy, marketing and advertising, and economic product defect claims. We have represented businesses in major investigations before the FTC, the U.S. Department of Justice and state attorneys general, as well as prosecuting and defending claims of false and misleading advertising. 

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. Our counsel encompasses compensation and commission issues, disability accommodations, terminations, mass layoffs, investigations, harassment and discrimination issues, protection of customer lists and other trade secrets, and uniform and reimbursement issues, with a particular focus on jurisdictions with unique requirements (for example, cities and counties within California). Our practice includes individual, class and representative action litigation, as well as arbitration and the negotiation of agreements, policy creation and harassment awareness training. 

Real Estate 
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 located at high-profile properties. We also represent retail clients in real estate litigation in state and federal courts.

Corporate and Transactional 
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.