Retailers require artful and sophisticated counsel to bring their products from conception to the consumer. In these rapidly changing markets, it is essential to their businesses’ success to partner with an experienced legal team who understands their goals and drives their business growth. Our team’s inherent knowledge of the retail sector and our unique perspective allow us to develop tailored strategies to bring our clients’ business to life.

Tarter Krinsky & Drogin’s Retail Practice works closely with national and international retailers across sectors on their in-store and online legal needs.

Our multifaceted and collaborative experience enables us to guide clients through the entire lifecycle of their business, from product design and business structuring to logistics and brand protection. We provide a holistic approach to meet our clients’ and their consumers’ needs efficiently and effectively. 

Across the retail sector, our team offers multidisciplinary experience, including:

• Promotions, Incentives, and Outdoor Advertising: The advertising frontier is a complex mix of Internet law, consumer protection and privacy laws, and advertising regulations. We have niche knowledge of the regulations surrounding sweepstakes, loyalty programs, contests gift cards, and reward programs. Additionally, our specialty licensing and leasing team counsels on outdoor advertising and signage regulations to ensure our clients remain in compliance with applicable local and federal laws.

• Bankruptcy and Corporate Restructuring: We represent retail debtors in reorganization and liquidation proceedings, creditors’ committees, asset purchasers, and trade creditors with reclamation and similar claims. We help clients assess the stability of all divisions and branches of their organizations and offer critical assistance to help stabilize performance and reassure creditors and investors through restructuring initiatives and working capital plans.

• Business Litigation, Dispute Resolution, & Arbitration: Our Litigation team has wide-ranging experience in the sector, handling landlord-tenant, breach of contract, and intellectual property matters, government compliance, construction and vendor disputes, product liability issues, privacy and security issues, and employment disputes. Understanding these matters in the retail context, our goal is to help clients avoid the escalation of disputes and facilitate early resolutions to achieve positive outcomes.

• Business Structuring, Governance, and Corporate Transactions: Whether clients are looking to expand or consolidate their retail businesses, we are equipped to handle all corporate transactional matters. We work closely with clients to design and implement their corporate structure, and we advise on national and international expansion through mergers, acquisitions and dispositions, joint ventures, and asset purchases and sales.

• Co-Branding and Endorsements: Our retail clients are often sought after by others in the industry for co-branding and endorsement initiatives. We draft agreements that protect our clients’ interests and take into consideration the needs and attention of celebrity and high-profile endorsers.

• Compliance and Licensing: There are specialty legal requirements, permits, and licenses required for almost every retail client. Whether it’s navigating the New York City restaurant grade inspection system for a new restaurant or properly offering cosmetics demonstrations in stores, we make sure our clients comply with legal requirements and are equipped with the necessary licenses and permits.

• Compliance. Consumer Laws & Privacy: Our attorneys advise on all aspects of consumer protection, privacy, and data security laws. We offer strategic counseling on advertising and marketing issues and help implement preventative measures in order to avoid government investigations.

• Immigration: Our Immigration team works directly with our clients and their non-U.S. citizen employees on navigating the complex visa application processes throught the various federal agencies. We advise on the appropriate applications so that our clients’ business operations can move forward.

• Intellectual Property: To help protect our clients’ intellectual property, we advise on patent, trademark, trade dress, copyright prosecution and litigation, trade secret protection, product branding, and advertising. We create tailored agreements and contracts to protect our clients in licensing, endorsements, sponsorships, and joint ventures.

• Legal Support to Human Resources: Understanding the various employee levels in a retail company – from the executive and corporate teams to the seasonal, commission-based salesperson – we develop effective practices tailored for any employee. Focused on prevention, we draft company policies and employee handbooks, offer letters, restrictive covenants, and confidentiality agreements. Additionally, our team evaluates existing agreements, ensures our clients are in compliance with various employment laws, including wage and hour laws and ADA compliance, and can step in to litigate in situations where necessary.

• Real Estate Leasing: Our Retail Leasing Practice guides clients through the full cycle of a commercial real estate leasing transaction in every major U.S. market. We negotiate commercial retail leases, subleases, terms sheets, and letters of intent. Representing both retail landlords and retail tenants, we understand both sides of these transactions and quickly and efficiently move deals forward.

• Retail Store and Office Construction: Our Construction team guides clients through all phases of a development project, from project formation through dispute resolution. Providing full construction and development services, we navigate relationships with owners, developers, contractors, engineers, architects, project managers, and construction managers on the development of retail stores and offices.

• Structuring and Managing Expansion: Clients often approach us with the challenge of expansion into a new sales platform. From online retailers opening brick and mortar stores and pop-up shops to established retailers expanding their online presence, we help our clients grow into new territories and develop retail alliances that open up new points of sale. As technology continues to change the landscape of retail channel distribution, we help with nontraditional expansions such as flash and private sales, direct consumer sales through manufacturer websites, third-party sales websites, and social media. As strategic counselors to franchisors and franchisees, we handle all aspects of operations and business relationships.

• Supply, Logistics, & Manufacturing: Logistics are the nuts and bolts that allow a retail company to operate smoothly and efficiently when bringing goods from conception to fruition – from raw materials in a factory to finished products ready for sale. We negotiate flexible logistics services agreements and contracts with vendors, manufacturers, and other third-party suppliers to ensure smooth supply and manufacturing processes.