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Retail

Thompson & Knight attorneys have counseled and represented retail industry clients of all types and sizes for most of the Firm’s more than 130-year history. Counsel to our retail industry clients includes advice and representation in general corporate work; company and division acquisitions and sales; franchising; labor and employment, employee benefits, and executive compensation; real estate acquisition, sales, and leasing; protection of intellectual property; data privacy and cybersecurity; marketing, social media, advertising, and sweepstakes; and dispute resolution.

Overview

Thompson & Knight attorneys have counseled and represented retail industry clients of all types and sizes for most of the Firm’s more than 130-year history. Several of our clients are household names and listed on the New York Stock Exchange, NASDAQ, or the American Stock Exchange. Many more are privately held family companies that have grown and prospered for generations with the able assistance of Thompson & Knight attorneys, some of whom grew up in business-owning families.

The range of legal services for retail industry clients at Thompson & Knight is comprehensive, grounded in more than a century of providing practical legal and business counsel. Representation of our retail industry clients includes advice and counsel in:

  • General corporate work, including finance, tax, and antitrust counsel;
  • Negotiation, preparation, and review of leases, licenses, contracts, and agreements;
  • Acquisitions and the sale of diverse business units of retail clients;
  • Resolving issues with vendors;
  • Employee benefits and executive compensation packages;
  • Labor and employment issues;
  • Franchising;
  • Intellectual property matters, including trademarks, copyrights, and service marks;
  • Data privacy and cybersecurity issues;
  • Marketing, social media, advertising, and sweepstakes;
  • Corporate reorganizations;
  • Zoning and land use matters; and
  • Dispute resolution, including premises liability, dram shop liability, and identity theft litigation.

Experience

  • Represented one of the world’s largest equipment rental companies in asset purchases from one of North America’s largest specialty pump rental companies and a Texas-based general rental business for a combined purchase price of approximately $780 million
  • Representation of a subsidiary of a Chilean conglomerate in its $289 million acquisition of one of the largest networks of travel centers in the United States, with 38 locations throughout the Midwest and Texas
  • Advised a U.S.-based retailer with respect to Canada’s Anti-Spam Legislation
  • Represented The Michaels Companies, Inc. in its $150 million purchase, through its subsidiary, Michaels Stores, Inc., of 100% of the equity of Lamrite West, Inc., Darice, Inc., and ConsumerCrafts, LLC, headquartered near Cleveland, Ohio
  • Represented a national pizza chain in the $135 million sale of all its stock to a New York-based private equity firm
  • Advising a large retailer with data privacy and security due diligence with respect to the purchase of a competitor
  • Represented a major retailer in a suit against its insurance company underwriting its extended customer warranty program after the company hired to perform the service under the plans failed to do so, and the insurer failed to provide a substitute
  • Represented Rent-A-Tire, LP in nearly all of its acquisitions, including asset purchases from Cash America and Aarons Rentals, Inc.
  • Represented ANConnect, LLC, a subsidiary of Anderson Media Corporation, in the sale of its retail book distribution business to Readerlink Distribution Services, LLC
  • Counseled an international manufacturer and retailer regarding social media analytics vendor agreements for various platforms including Facebook, Twitter, and Snapchat
  • Defended a computer retailer in a multi-million dollar securities fraud class action
  • Assisted an international jewelry retailer with removal of an infringing false advertisement online
  • Advised a large national retailer with respect to protection and enforcement of hashtag marks
  • Represented a leading diversified retail services company in the sale of its retail music distribution business
  • Assisted an international retailer and manufacturer with official rules for an Instagram contest
  • Represented a major clothing retailer in high-profile lease negotiations, including negotiation of leases at the Dallas Galleria and NorthPark Center malls
  • Represented an online retailer in a copyright infringement suit involving products sold on the retailer’s website
  • Represented a luxury retailer and its board of directors in a class action lawsuit involving claims for breach of fiduciary duty in connection with a merger and acquisition
  • Represented a major retail shopping center owner in connection with the leasing and operation of a shopping center (including construction, shopping center expansion, and litigation issues)
  • Provide U.S. and international tax planning advice to a consumer products manufacturer and retailer based in Mexico regarding M&A activity and operations as well as international logistics operations and logistics services in the United States