Retail

OVERVIEW

Strasburger attorneys understand retail. No matter what your business model – high-end or discount, specialty or big-box, brick and mortar or internet – we can help. We know how to protect your brand and inventory, cut through complex regulatory schemes, handle litigation and assist you with real estate transactions. Our employment lawyers can manage issues ranging from overtime claims to union negotiations or employee training and retention.

Beyond providing comprehensive legal advice, our attorneys immerse themselves in our clients’ businesses and the retail industry. In every matter or transaction, Strasburger attorneys collaborate closely with our clients, accessing their unique knowledge and insights, combining our strengths, and allowing us to anticipate their needs and provide the highest levels of service. Below are a few of the practice areas that allow us to provide a wide range of services to our retail clients.

To learn more, please contact Retail Team chair, Ashley Kisner.

ENVIRONMENTAL

Strasburger’s environmental group regularly represents retailers in enforcement proceedings, litigation matters and transactional due diligence. Our litigation experience includes defense of complex, multi-district class actions, as well as “run-the-company” management of routine environmental claims. To learn more, click here.

FOOD, DRUG & COMPLIANCE

The sale of food, dietary supplements, cosmetics, medical devices, drugs (OTC or prescription), biologics or sunscreens requires navigating an increasingly complex regulatory maze.  Strasburger’s attorneys work with every type of retailer helping to design and implement compliance plans to navigate the regulations and reduce the risk of governmental enforcement and private litigation. To learn more, click here.

WINE, CRAFT BEER & CRAFT DISTILLED SPIRITS

Strasburger’s attorneys have represented brewers, distillers, vineyard owners and winemakers all across the State of Texas.  Whether you are in the planning stages, have just begun operations, or have been in the business for years, we understand the Texas beverage industry and the issues it faces. To learn more, click here.

FRANCHISE

Strasburger represents both franchisors and franchisees in structuring, acquiring and managing ongoing franchise operations. We have structured numerous franchises and/or prepared disclosure documents for offering franchises. To learn more, click here.

LABOR & EMPLOYMENT

Strasburger solves employment related business issues for its retail clients.  We work closely with our clients to understand their businesses and develop individualized policies, and work place training in an effort to avoid employment claims. To learn more, click here.

INTERNATIONAL TRADE COMPLIANCE

With our extensive knowledge of cross-border trade, Strasburger’s team can assist with any import and export compliance issues. To learn more, click here.

BUSINESS RESTRUCTURING, BANKRUPTCY & WORKOUTS

Whether we are assisting a debtor trying to navigate a financial crisis or a creditor seeking to enforce its rights, Strasburger’s business reorganization and bankruptcy group has the experienced professionals and essential resources to identify and resolve all phases of insolvency-related issues. To learn more, click here.

TAX

Strasburger attorneys handle state and federal tax matters for many clients in the retail industry. We regularly handle Texas sales and use tax audits and assist with planning to reduce Texas margin (franchise) tax burdens. To learn more, click here.

CORPORATE

Strasburger’s corporate attorneys have represented international, national and regional retailers with mergers and acquisitions, joint ventures, strategic alliances, and restructurings. To learn more, click here.

INTELLECTUAL PROPERTY

Whether an online or brick and mortar  wholesale or retail store or manufacturer/distributor of retail goods, Strasburger’s experienced intellectual property attorneys can help protect your brands, expression of ideas, ideas, and business method by obtaining, maintaining and enforcing or defending your trademark, copyright, patent and trade secret portfolio. To learn more, click here.

REAL ESTATE & LAND USE

When it comes to real estate, Strasburger attorneys can build it, sell it, lease it, buy it, lend against it and foreclose on it. We have been involved in the development and lease-up of numerous shopping centers, and provide counsel on a variety of related issues. To learn more, click here.

CONSUMER DATA, PRIVACY & SECURITY

Strasburger’s attorneys provide proactive solutions that empower companies to fully utilize data while also addressing liabilities associated with privacy and data security. To learn more, click here.

COMMERCIAL LITIGATION

Strasburger’s Retail Team knows litigation – and how to avoid it. For more than 75 years, clients have entrusted their litigation to Strasburger with confidence that our lawyers will get the desired results. Our retail industry clients rely on us for a variety of litigation, across Texas and nationally. To learn more, click here.

 

EXPERIENCE

RETAIL FUEL OPERATIONS

  • Defended fuel retailers in multi-district class actions alleging deceptive sales practices.
  • Represented national retailer in an environmental indemnity claim against a multi-national oil company, resulting in a 7-figure recovery for the client.
  • Draft and enforce access agreements, indemnity agreements and cost-sharing agreements to facilitate environmental investigation and remediation.
  • Manage voluntary and mandatory environmental cleanups of releases by major retailers.
  • Designed and supervised environmental compliance audits and voluntary disclosures for major fuel retailers.
  • Compliance counsel to national fuel retailers on UST regulatory compliance.
  • Defend agency enforcement actions for violations of UST regulations.
  • Responded to fuel price gouging and anti-competition pricing investigations.
  • Develop and supervise petroleum release investigations and remediation projects.
  • Defend private party claims and governmental actions arising from fuel releases and contamination.

RETAIL REAL ESTATE DEVELOPMENT & CONSTRUCTION

  • Environmental diligence, risk assessment and indemnity negotiations for acquisitions of real property portfolios for national REIT, consisting of several to hundreds of free-standing retail properties (restaurants, “dollar” stores, “C-stores”).
  • Remediation and retail redevelopment of industrial “Brownfields” sites.
  • Designed and supervised environmental due diligence for acquisition of portfolios of auto-body repair facilities.
  • Counsels on Wetlands permitting and mitigation requirements, Clean Water Act Jurisdictional Determinations.
  • Stormwater permitting and defense of construction-related stormwater permit enforcement cases, including EPA National Initiative cases.

ENVIRONMENTAL LITIGATION 

  • Manages nationwide outsourcing of environmental claims and litigation brought by and against a major U.S. gasoline retailer.
  • Defended numerous state and federal Superfund claims against potentially responsible parties from the retail industry.
  • Successfully managed the defense of multiple toxic tort claims for major U.S. companies from the retail sector.

ENVIRONMENTAL REGULATION OF RETAIL DISTRIBUTION, PHARMACEUTICALS, & MANUFACTURING

  • Hazardous waste compliance counseling and defense of government claims against pharmacy, medical services and laboratory service providers.
  • Compliance counseling, and defense of government claims related to retail, distribution and food manufacturing refrigeration systems.
  • Compliance counseling and defense of government claims alleging violations of chemical inventory and release reporting requirements. (e.g., backup power systems, refrigerants)
  • Designed retail-returns/hazardous waste disposal program for national waste disposal company.

FOOD & DRUG COMPLIANCE COUNSELING

  • Negotiated with state regulators concerning product adulteration, detention and corrective action for manufacturers (food, dairy, dietary supplements and medical devices).
  • Negotiated federal enforcement (FDA and USDA) related to product labeling for food (including dietary supplements and meat products), medical devices and compounded drugs.
  • Review product launch and social media materials or OTC products.
  • Advised on labeling for branded cosmetic on compliance and product classification issues.
  • Auditing food and dietary supplement label auditing.
  • Advised on compliance with federal menu labeling requirements.
  • Labeling counsel on new dietary ingredients.
  • Created Social Media policies and procedures for online content and promotional claims.
  • Counseling on importation and Prior Notice and Supplier Verification issues regarding importation of food products.
  • Counseling on product labeling and promotional labeling for OTC, cosmetic and dietary supplement products.
  • Analysis of supply chain agreements and policies and negotiation of terms.
  • Negotiated contract manufacturing agreements for food, dietary supplement, OTC and cosmetic manufacturers and marketers.
  • Negotiation California Prop 65 claims regarding alleged elevated levels in food products and other products.
  • Advised on food packaging and importing food contact substances and new dietary ingredients.
  • Product recall counseling for major producers of meat products and distributor of specialty foods.

FRANCHISE

  • Structured numerous franchises and/or prepared disclosure documents for offering franchises  for many retail businesses.
  • Provided counseling on preparation of operations manual to address joint employer implications
  • Negotiated terms of a franchise renewal where franchise system had undergone significant changes since original franchise agreement was executed.
  • Litigated claims related to breach of implied covenant of good faith and fair dealing in a franchise transaction for a large coffee chain.
  • Handled seven-store acquisition from a national restaurant chain for multi-unit franchisee.
    Helped large hospital system secure a license to add a national brand restaurant to its food court.
  • Defended national grocery store chain in multiple actions alleging violations of consumer protection laws and deceptive trade practices and successfully defeated class certification.
  • Representation of a large multi-unit franchisee of tanning franchise who is accused of violating California’s automatic renewal statute.
  • Represented client in the sale of 26 convenience stores.
  • Represented Franchisee of national quick service restaurant chain in connection with the purchase and development of numerous locations.
  • Represented  franchisee of national quick service restaurant chain in connection with the lease of retail space at numerous locations throughout Texas.
  • Handled seven-store acquisition from a national restaurant chain for multi-unit franchisee.

LABOR & EMPLOYMENT

  • Managed a national labor and employment docket for a national credit card processing and clearinghouse company.
  • Represented a Leading Upscale Fashion Retailer in arbitrations with former employees.
  • Represented a novelty product seller in multiple employment matters.

INTERNATIONAL TRADE COMPLIANCE

  • Export compliance assessment and development of policies and procedures for major pharmaceutical dealer.
  • Assist with the import and export of used vehicles for sale in the United States and abroad.
  • Assist owners of IP register those intellectual property rights with CBP to enhance protection against infringement.
  • Defend importers (often retailers) of IP bearing marks in CBP seizure matters.
  • Assist numerous clients with sanctions compliance for a number of OFAC-administered sanctions, most recently Ukraine –related sanctions against Russia; Cuban sanctions in light of the lessening of same; and Iranian sanctions.
  • Assist importers (often retailers) with issues relating to CBP valuation and classification of merchandise, duty on American goods returned, and the application of special trade programs.

BUSINESS RESTRUCTURING, BANKRUPTCY & WORKOUTS

  • Represented lenders in out-of-court workouts and bankruptcies of retailers and building suppliers.
  • Represented high-end Italian shoe manufacturer creditor in Chapter 11 bankruptcy of shoe stores located in large malls in Dallas and Houston.
  • Represented debtor in ch 11 of highland mall in Houston.
  • Represented a large volume furniture retailer in a chapter 11 in El Paso.
  • Represented creditors committee in chapter 7 for an online retailer.

TAX

  • Successfully defended a roofing and building products retailer before the State Office of Administrative Hearings against a state sales and use tax assessment of $170,000.
  • Successfully restructured an automotive parts retailer to avoid consolidated reporting, resulting in significant margin tax savings.
  • Successfully resolved a clothing retailer’s federal income tax audit in which the Internal Revenue Service sought to reduce deductible expenses by over $7 million.

CORPORATE

  • Represented a food product producer with business succession planning and company restructuring.
  • Represented an IT reseller and distributor with a membership interest purchase agreement to buy-out a minority owner.
  • Represented a leading party good retailer in its sale and refranchising of numerous company owned locations.
  • Represented an international convenience store and fuel retailer in its acquisition of over 60 sites.
  • Represented a major distributor of heating and air conditioning products prepare a credit application, credit agreement and continuing guaranty for customers purchasing products on credit.
  • Represented a major natural foods grocer in the structuring and negotiation of a strategic alliance related to organic baked goods.
  • Represented a leading retailer of heavy truck and trailer parts and repair centers in the structuring and negotiation of an exclusive supplier agreement and joint venture.
  • Represented a major distributor of heating and air conditioning products with the preparation of a credit application, credit agreement and continuing guaranty for customers purchasing products on credit.
  • Handled run the company issues for the various subsidiaries of a major retail bank, including corporate registrations in foreign jurisdictions, formation of corporate subsidiaries and updating corporate registrations with government authorities.

REAL ESTATE & LAND USE

  • Represented restauranteurs in negotiating retail leases in various cities across Texas.
  • Represented several retail tenants in local retail lease negotiations, including a liquor store, a boutique clothing store, a pack n ship outlet, and an ice cream franchisee.
  • Negotiated a franchise agreement for a small-region fried chicken franchisee who owned its own store.
  • Represented landlords negotiating retail leases of multiple types in multiple shopping centers in Texas, exposing us to both sides of the retail lease transaction equation.
  • Land purchases, ground leases, sale-leasebacks and construction/mortgage financing for restaurants, including steakhouses and fast-food franchises.
  • Land purchase, construction financing, ground leases, restrictive covenants, reciprocal easement agreements, and leases for developer/owner of retail shopping center; ground leases and sales contracts for disposition of pad sites
  • Representation of tenants leasing space in shopping centers and strip centers, including fast food restaurants, stationary stores, and dental practices
  • Represented Landlord in restaurant lease for a Mexican Restaurant and Salsa Bar in Austin, Texas.
  • Represented Landlord in many retail leases at CityCentre in Houston, Texas.

CONSUMER DATA, PRIVACY & SECURITY

  • Represented major online retailer in establishing new, more secure website and converting to cloud storage
  • Developed and modified privacy policies to meet regulatory requirements and clients’ objectives
  • Analyzed and advised on new uses for data gathered over years of operations
  • Developed data-use and mining parameters for data subject to different agreements over time
  • Negotiated numerous SaaS, cloud-storage, and online-payment vendor agreements to minimize client risk
  • Resolved numerous online-defamation issues with and without litigation
  • Served as outside general counsel to provider of the most widely-adopted cybersecurity framework in U.S. healthcare industry
  • Advise retail clients with PCI Compliance
  • Conducted creative clearance, including review of websites and social media for infringement issues
  • Resolution of domain name disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) and Anticybersquatting Consumer Protection Act (ACPA)
  • Resolved take-down disputes under the Digital Millennium Copyright Act (DMCA)
  • Conducted e-commerce compliance, including electronic and digital signatures, electronic contracting, and electronic payment systems

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NEWSLETTER

MEDIA

HONORS

Strasburger attorneys understand retail. No matter what your business model – high-end or discount, specialty or big-box, brick and mortar or internet – we can help. We know how to protect your brand and inventory, cut through complex regulatory schemes, handle litigation and assist you with real estate transactions. Our employment lawyers can manage issues ranging from overtime claims to union negotiations or employee training and retention.

Beyond providing comprehensive legal advice, our attorneys immerse themselves in our clients’ businesses and the retail industry. In every matter or transaction, Strasburger attorneys collaborate closely with our clients, accessing their unique knowledge and insights, combining our strengths, and allowing us to anticipate their needs and provide the highest levels of service. Below are a few of the practice areas that allow us to provide a wide range of services to our retail clients.

To learn more, please contact Retail Team chair, Ashley Kisner.

ENVIRONMENTAL

Strasburger’s environmental group regularly represents retailers in enforcement proceedings, litigation matters and transactional due diligence. Our litigation experience includes defense of complex, multi-district class actions, as well as “run-the-company” management of routine environmental claims. To learn more, click here.

FOOD, DRUG & COMPLIANCE

The sale of food, dietary supplements, cosmetics, medical devices, drugs (OTC or prescription), biologics or sunscreens requires navigating an increasingly complex regulatory maze.  Strasburger’s attorneys work with every type of retailer helping to design and implement compliance plans to navigate the regulations and reduce the risk of governmental enforcement and private litigation. To learn more, click here.

WINE, CRAFT BEER & CRAFT DISTILLED SPIRITS

Strasburger’s attorneys have represented brewers, distillers, vineyard owners and winemakers all across the State of Texas.  Whether you are in the planning stages, have just begun operations, or have been in the business for years, we understand the Texas beverage industry and the issues it faces. To learn more, click here.

FRANCHISE

Strasburger represents both franchisors and franchisees in structuring, acquiring and managing ongoing franchise operations. We have structured numerous franchises and/or prepared disclosure documents for offering franchises. To learn more, click here.

LABOR & EMPLOYMENT

Strasburger solves employment related business issues for its retail clients.  We work closely with our clients to understand their businesses and develop individualized policies, and work place training in an effort to avoid employment claims. To learn more, click here.

INTERNATIONAL TRADE COMPLIANCE

With our extensive knowledge of cross-border trade, Strasburger’s team can assist with any import and export compliance issues. To learn more, click here.

BUSINESS RESTRUCTURING, BANKRUPTCY & WORKOUTS

Whether we are assisting a debtor trying to navigate a financial crisis or a creditor seeking to enforce its rights, Strasburger’s business reorganization and bankruptcy group has the experienced professionals and essential resources to identify and resolve all phases of insolvency-related issues. To learn more, click here.

TAX

Strasburger attorneys handle state and federal tax matters for many clients in the retail industry. We regularly handle Texas sales and use tax audits and assist with planning to reduce Texas margin (franchise) tax burdens. To learn more, click here.

CORPORATE

Strasburger’s corporate attorneys have represented international, national and regional retailers with mergers and acquisitions, joint ventures, strategic alliances, and restructurings. To learn more, click here.

INTELLECTUAL PROPERTY

Whether an online or brick and mortar  wholesale or retail store or manufacturer/distributor of retail goods, Strasburger’s experienced intellectual property attorneys can help protect your brands, expression of ideas, ideas, and business method by obtaining, maintaining and enforcing or defending your trademark, copyright, patent and trade secret portfolio. To learn more, click here.

REAL ESTATE & LAND USE

When it comes to real estate, Strasburger attorneys can build it, sell it, lease it, buy it, lend against it and foreclose on it. We have been involved in the development and lease-up of numerous shopping centers, and provide counsel on a variety of related issues. To learn more, click here.

CONSUMER DATA, PRIVACY & SECURITY

Strasburger’s attorneys provide proactive solutions that empower companies to fully utilize data while also addressing liabilities associated with privacy and data security. To learn more, click here.

COMMERCIAL LITIGATION

Strasburger’s Retail Team knows litigation – and how to avoid it. For more than 75 years, clients have entrusted their litigation to Strasburger with confidence that our lawyers will get the desired results. Our retail industry clients rely on us for a variety of litigation, across Texas and nationally. To learn more, click here.

 

EXPERIENCE

RETAIL FUEL OPERATIONS

  • Defended fuel retailers in multi-district class actions alleging deceptive sales practices.
  • Represented national retailer in an environmental indemnity claim against a multi-national oil company, resulting in a 7-figure recovery for the client.
  • Draft and enforce access agreements, indemnity agreements and cost-sharing agreements to facilitate environmental investigation and remediation.
  • Manage voluntary and mandatory environmental cleanups of releases by major retailers.
  • Designed and supervised environmental compliance audits and voluntary disclosures for major fuel retailers.
  • Compliance counsel to national fuel retailers on UST regulatory compliance.
  • Defend agency enforcement actions for violations of UST regulations.
  • Responded to fuel price gouging and anti-competition pricing investigations.
  • Develop and supervise petroleum release investigations and remediation projects.
  • Defend private party claims and governmental actions arising from fuel releases and contamination.

RETAIL REAL ESTATE DEVELOPMENT & CONSTRUCTION

  • Environmental diligence, risk assessment and indemnity negotiations for acquisitions of real property portfolios for national REIT, consisting of several to hundreds of free-standing retail properties (restaurants, “dollar” stores, “C-stores”).
  • Remediation and retail redevelopment of industrial “Brownfields” sites.
  • Designed and supervised environmental due diligence for acquisition of portfolios of auto-body repair facilities.
  • Counsels on Wetlands permitting and mitigation requirements, Clean Water Act Jurisdictional Determinations.
  • Stormwater permitting and defense of construction-related stormwater permit enforcement cases, including EPA National Initiative cases.

ENVIRONMENTAL LITIGATION 

  • Manages nationwide outsourcing of environmental claims and litigation brought by and against a major U.S. gasoline retailer.
  • Defended numerous state and federal Superfund claims against potentially responsible parties from the retail industry.
  • Successfully managed the defense of multiple toxic tort claims for major U.S. companies from the retail sector.

ENVIRONMENTAL REGULATION OF RETAIL DISTRIBUTION, PHARMACEUTICALS, & MANUFACTURING

  • Hazardous waste compliance counseling and defense of government claims against pharmacy, medical services and laboratory service providers.
  • Compliance counseling, and defense of government claims related to retail, distribution and food manufacturing refrigeration systems.
  • Compliance counseling and defense of government claims alleging violations of chemical inventory and release reporting requirements. (e.g., backup power systems, refrigerants)
  • Designed retail-returns/hazardous waste disposal program for national waste disposal company.

FOOD & DRUG COMPLIANCE COUNSELING

  • Negotiated with state regulators concerning product adulteration, detention and corrective action for manufacturers (food, dairy, dietary supplements and medical devices).
  • Negotiated federal enforcement (FDA and USDA) related to product labeling for food (including dietary supplements and meat products), medical devices and compounded drugs.
  • Review product launch and social media materials or OTC products.
  • Advised on labeling for branded cosmetic on compliance and product classification issues.
  • Auditing food and dietary supplement label auditing.
  • Advised on compliance with federal menu labeling requirements.
  • Labeling counsel on new dietary ingredients.
  • Created Social Media policies and procedures for online content and promotional claims.
  • Counseling on importation and Prior Notice and Supplier Verification issues regarding importation of food products.
  • Counseling on product labeling and promotional labeling for OTC, cosmetic and dietary supplement products.
  • Analysis of supply chain agreements and policies and negotiation of terms.
  • Negotiated contract manufacturing agreements for food, dietary supplement, OTC and cosmetic manufacturers and marketers.
  • Negotiation California Prop 65 claims regarding alleged elevated levels in food products and other products.
  • Advised on food packaging and importing food contact substances and new dietary ingredients.
  • Product recall counseling for major producers of meat products and distributor of specialty foods.

FRANCHISE

  • Structured numerous franchises and/or prepared disclosure documents for offering franchises  for many retail businesses.
  • Provided counseling on preparation of operations manual to address joint employer implications
  • Negotiated terms of a franchise renewal where franchise system had undergone significant changes since original franchise agreement was executed.
  • Litigated claims related to breach of implied covenant of good faith and fair dealing in a franchise transaction for a large coffee chain.
  • Handled seven-store acquisition from a national restaurant chain for multi-unit franchisee.
    Helped large hospital system secure a license to add a national brand restaurant to its food court.
  • Defended national grocery store chain in multiple actions alleging violations of consumer protection laws and deceptive trade practices and successfully defeated class certification.
  • Representation of a large multi-unit franchisee of tanning franchise who is accused of violating California’s automatic renewal statute.
  • Represented client in the sale of 26 convenience stores.
  • Represented Franchisee of national quick service restaurant chain in connection with the purchase and development of numerous locations.
  • Represented  franchisee of national quick service restaurant chain in connection with the lease of retail space at numerous locations throughout Texas.
  • Handled seven-store acquisition from a national restaurant chain for multi-unit franchisee.

LABOR & EMPLOYMENT

  • Managed a national labor and employment docket for a national credit card processing and clearinghouse company.
  • Represented a Leading Upscale Fashion Retailer in arbitrations with former employees.
  • Represented a novelty product seller in multiple employment matters.

INTERNATIONAL TRADE COMPLIANCE

  • Export compliance assessment and development of policies and procedures for major pharmaceutical dealer.
  • Assist with the import and export of used vehicles for sale in the United States and abroad.
  • Assist owners of IP register those intellectual property rights with CBP to enhance protection against infringement.
  • Defend importers (often retailers) of IP bearing marks in CBP seizure matters.
  • Assist numerous clients with sanctions compliance for a number of OFAC-administered sanctions, most recently Ukraine –related sanctions against Russia; Cuban sanctions in light of the lessening of same; and Iranian sanctions.
  • Assist importers (often retailers) with issues relating to CBP valuation and classification of merchandise, duty on American goods returned, and the application of special trade programs.

BUSINESS RESTRUCTURING, BANKRUPTCY & WORKOUTS

  • Represented lenders in out-of-court workouts and bankruptcies of retailers and building suppliers.
  • Represented high-end Italian shoe manufacturer creditor in Chapter 11 bankruptcy of shoe stores located in large malls in Dallas and Houston.
  • Represented debtor in ch 11 of highland mall in Houston.
  • Represented a large volume furniture retailer in a chapter 11 in El Paso.
  • Represented creditors committee in chapter 7 for an online retailer.

TAX

  • Successfully defended a roofing and building products retailer before the State Office of Administrative Hearings against a state sales and use tax assessment of $170,000.
  • Successfully restructured an automotive parts retailer to avoid consolidated reporting, resulting in significant margin tax savings.
  • Successfully resolved a clothing retailer’s federal income tax audit in which the Internal Revenue Service sought to reduce deductible expenses by over $7 million.

CORPORATE

  • Represented a food product producer with business succession planning and company restructuring.
  • Represented an IT reseller and distributor with a membership interest purchase agreement to buy-out a minority owner.
  • Represented a leading party good retailer in its sale and refranchising of numerous company owned locations.
  • Represented an international convenience store and fuel retailer in its acquisition of over 60 sites.
  • Represented a major distributor of heating and air conditioning products prepare a credit application, credit agreement and continuing guaranty for customers purchasing products on credit.
  • Represented a major natural foods grocer in the structuring and negotiation of a strategic alliance related to organic baked goods.
  • Represented a leading retailer of heavy truck and trailer parts and repair centers in the structuring and negotiation of an exclusive supplier agreement and joint venture.
  • Represented a major distributor of heating and air conditioning products with the preparation of a credit application, credit agreement and continuing guaranty for customers purchasing products on credit.
  • Handled run the company issues for the various subsidiaries of a major retail bank, including corporate registrations in foreign jurisdictions, formation of corporate subsidiaries and updating corporate registrations with government authorities.

REAL ESTATE & LAND USE

  • Represented restauranteurs in negotiating retail leases in various cities across Texas.
  • Represented several retail tenants in local retail lease negotiations, including a liquor store, a boutique clothing store, a pack n ship outlet, and an ice cream franchisee.
  • Negotiated a franchise agreement for a small-region fried chicken franchisee who owned its own store.
  • Represented landlords negotiating retail leases of multiple types in multiple shopping centers in Texas, exposing us to both sides of the retail lease transaction equation.
  • Land purchases, ground leases, sale-leasebacks and construction/mortgage financing for restaurants, including steakhouses and fast-food franchises.
  • Land purchase, construction financing, ground leases, restrictive covenants, reciprocal easement agreements, and leases for developer/owner of retail shopping center; ground leases and sales contracts for disposition of pad sites
  • Representation of tenants leasing space in shopping centers and strip centers, including fast food restaurants, stationary stores, and dental practices
  • Represented Landlord in restaurant lease for a Mexican Restaurant and Salsa Bar in Austin, Texas.
  • Represented Landlord in many retail leases at CityCentre in Houston, Texas.

CONSUMER DATA, PRIVACY & SECURITY

  • Represented major online retailer in establishing new, more secure website and converting to cloud storage
  • Developed and modified privacy policies to meet regulatory requirements and clients’ objectives
  • Analyzed and advised on new uses for data gathered over years of operations
  • Developed data-use and mining parameters for data subject to different agreements over time
  • Negotiated numerous SaaS, cloud-storage, and online-payment vendor agreements to minimize client risk
  • Resolved numerous online-defamation issues with and without litigation
  • Served as outside general counsel to provider of the most widely-adopted cybersecurity framework in U.S. healthcare industry
  • Advise retail clients with PCI Compliance
  • Conducted creative clearance, including review of websites and social media for infringement issues
  • Resolution of domain name disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) and Anticybersquatting Consumer Protection Act (ACPA)
  • Resolved take-down disputes under the Digital Millennium Copyright Act (DMCA)
  • Conducted e-commerce compliance, including electronic and digital signatures, electronic contracting, and electronic payment systems
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