Our goal is to help our clients’ consumer-oriented businesses grow and succeed while safeguarding brand equity and image and ensuring our clients’ assets are protected and defendable.

Retail and Consumer product companies face unique demands and we have focused on the requirements of clients engaged in this sector for a long time. From financings and acquisitions to product launches and licensing, we understand that all you do drives the company’s image and future.

Our innovation, leadership and experience in representing both public and private companies is evidenced by the clients we routinely assist with achieving strategic goals and objectives. Our clients manufacture and sell goods in a range of consumer entities including clothing and accessories, publishing and entertainment, food and beverage, and electronics and sporting goods. By combining our resources and experience in intellectual property, M&A, capital markets, regulatory compliance, labor, tax and litigation, we provide world-class legal representation tailored to the specific needs of each retail and consumer brand client.

Whether it be partnering with clients as they develop and extend brand image protecting rights in products, brands and proprietary technologies or executing on strategic acquisitions and financings or representing clients in a myriad of litigation matters, our dedicated professionals are on your team.  Some of the work for our clients (privately held and publicly traded entities, operating companies and private equity clients) includes:

Mergers & Acquisitions

• Acquisition of Reebok by adidas-Salomon.
• Acquisition of Party City, a major discount party store.
• Acquisition by Timberland of Smartwool, a manufacturer of wool-based apparel, socks and accessories.
• Acquisition of MD Beauty, the maker of the Bare Escentuals line of beauty products.
• Acquisition of Michaels Stores, specialty arts and craft stores.
• Acquisition of OSI Restaurant Partners, which includes Outback Steakhouse, Carrabba's Italian Grill, Bonefish Grill, Fleming's Prime Steakhouse & Wine Bar, Roy's, Lee Roy Salmon's, Blue Coral Seafood & Spirits and Cheeseburger in Paradise restaurants.
• Acquisition of Dunkin Brands, premier quick service restaurant franchisor.
• Investment in Energy Brands, Inc., marketer of Vitamin Water, a leading enhanced water beverage.
• Investment in Smashbox , a photo studio-inspired marketer of premium cosmetics.
• Sale of Smart Balance, maker of Smart Balance® and Earth Balance® heart healthy food products and other established brands, to a Special Purpose Acquisition Company (SPAC).

Finance/Capital Markets

• Initial public offering of Charlotte Russe, a mall-based specialty retailer of fashionable, value-priced apparel and accessories.
• IPO, tender offer and Recapitalization for Domino's Pizza, the leading pizza delivery company in the world.
• A public registered debt filing for Hasbro, global leader of children’s and family leisure time entertainment products.
• 144A non-convertible debt financing for OSI (Outback Steakhouse).
• Follow-on public offering for Burger King, a leading hamburger restaurant chain.
• $1.7-billion securitization of substantially all of the revenue-generating assets of Dunkin’ Brands – an innovative form of securitization requiring Dunkin’ Brands to contribute its existing assets to several bankruptcy-remote special purpose vehicles and obligates Dunkin’ Brands to contribute all future revenue generating assets to its various entities.

Brand Management, Licensing and Strategic Operating Transactions

• Oscar de la Renta, Ltd.: Representation of multinational high fashion designer and retailer in expansion into to new product lines and international joint ventures and license arrangements supporting global expansion of branded premium retailing.
• Green Mountain Coffee Roasters in their strategic supply alliances with a one of the world's largest QSR franchisors, and in strategic brand expansions through licensing partnerships and the acquisition of regional roasting and retailing brands.
• Simmons Mattress Company in the acquisition of new product technology through license, asset acquisition, and company acquisition.
• Foxwoods Casino: Represented the owners and operators of the Foxwoods Casino in the acquisition of the right to build and operate the MGM GRAND at Foxwoods casino.
• Gillette Company in the acquisition of the naming rights to Gillette Stadium, home of the New England Patriots of the National Football League.
• Reebok in the negotiation of its comprehensive exclusive branding and sports apparel agreement with the National Football League.
• TV Guide, Dow Jones, and other well known consumer brands in the strategic development, creation and management of their worldwide trademark portfolios.
• Anti-Piracy and Anti-Counterfeiting Activities: Including the representation of a major automobile manufacturer in developing and carrying out a major anti-counterfeiting and anti-piracy program, including both direct action and coordinating activities by customs and law enforcement agencies. Represent branded watch company and branded fashion apparel company in attacking sale of counterfeit goods through the internet.

Litigation

• Representing Gillette Company in consumer class action litigation challenging certain aspects of its advertising of the M3Power razor.
• Advocated on behalf of a leading national producer of athletic footwear and apparel in connection with SEC and DOJ investigations for alleged accounting fraud.
• Represented Target Corporation in a patent infringement action concerning patents directed to electronic coupons over the Internet
• Represented Bronco Wine Company regarding the constitutionality of a state law that restricted Bronco’s right to use its trademark and restricting the use of certain geographic wine brands.
• Representing Carter's, Inc. in a securities fraud class action related to its integration of Osh Kosh B'Gosh
• Regular represent a wide variety of retailers and consumer product companies in disputes with their major contracting parties: landlords, distributors, suppliers, franchisees, and other vendors.

Privacy Compliance and Data Security
Any number of litigation and transaction-related problems may arise when data is compromised. An experienced and expedient response is a client's best defense, and this is where our attorneys excel. Our partners' experience covers the range of litigation and transaction-related problems that can arise from the breach of a computer network and the theft or loss of private data, including:

• A data breach or loss leading to civil litigation
• Investigations by law enforcement or regulators
• Reporting and disclosure issues under the federal securities laws
• Negotiations with payment card companies or financial institutions
• Revisions to data privacy procedures

For further information on our Retail and Consumer Brands industry group, please contact:

• Jane Goldstein

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