With the continued proliferation of technology (particularly e-commerce and all things mobile, including payment systems), steady increases in competition and price pressure, not to mention fundamental changes in the ways by which consumers interact with businesses, consumer-facing businesses are finding it harder than ever to differentiate themselves and to succeed.
In such a challenging landscape, it is imperative that businesses partner with attorneys who not only possess a thorough understanding of the relevant fields of law, but also an intimate understanding of their clients’ business model, goals and objectives. The attorneys in Benesch’s Retail, Hospitality and Consumer Products group include a diverse group of litigators, intellectual property practitioners, transportation and logistics lawyers, and transactional attorneys who understand how their clients work, and how best to pursue (and to protect) their goals.
Whether defending their clients from bet-the-company class actions, counseling them through marketing campaigns and data gathering, advising them on the purchase and development of new facilities, advising them on employee benefits and compensation issues, assisting them with product labeling and regulatory compliance or guiding them through bankruptcy and restructuring proceedings, Benesch’s Retail, Hospitality and Consumer Products attorneys have substantial experience in helping their clients realize their strategic goals. With its vast experience, hands-on approach and competitive fee structures, our team is ideally suited to help companies effectuate their business goals while avoiding legal headaches.
Our Retail, Hospitality and Consumer Products lawyers frequently represent companies ranging from Fortune 500 brands and manufacturers to boutique stores in a wide variety of areas:
Litigation & Class Action Defense
Retail, hospitality and consumer products clients face an increasing array of litigation risks, from false labeling and advertising claims, to data breaches, to multi-billion dollar no-injury class actions under various (and oftentimes very obscure) federal and state laws. It has become commonplace for companies to face high exposure litigation arising from activities as simple as printing receipts or placing telephone calls to customers. Our team of experts defend companies from suits ranging from nationwide class actions to collective employment actions to single plaintiff cases to third-party lawsuits. Many of our retail and hospitality clients also turn to us for a variety of vendor disputes, including indemnification demands and breach of contract actions.
Data Privacy & Security Counseling & Defense
While our attorneys specialize in litigation, we are frequently brought in to advise clients on best practices to avoid potential liability in the first place, allowing companies to focus their time and money on their core business rather than distracting litigation. The firm’s Data Security and Privacy attorneys regularly advise clients on a wide variety of security and privacy issues, by designing and implementing data-management protocols, reviewing existing practices, and responding to breaches and lawsuits that arise. Recognizing the need for immediate action when data security breaches and risks develop, Benesch offers its clients access to a 24-hour, 7-day a week data breach hotline, to ensure that incidents are managed as quickly as possible.
Financing, Development & Land Use
Our attorneys assist clients with all phases of the development and launch of their facilities, from securing investment capital, to acquiring land, negotiating franchise agreements where necessary, assisting with development of the property, and dealing with any land or property use issues that arise.
Marketing, Advertising, & Promotions
We regularly advise clients on labeling, marketing and advertising issues, particularly when dealing with regulatory compliance, unfair competition, and false advertising issues. We also routinely advise clients on their promotional campaigns, including phone call and text messaging laws, sweepstakes rules, gift card requirements and laws, daily-deal sales issues, and use of customer data collected through marketing efforts.
Innovations, Information Technology & Intellectual Property (3iP)
Benesch’s Retail, Hospitality, and Consumer Products group includes attorneys from our Innovations, Information Technology & Intellectual Property (3iP) Practice Group, which regularly engages in prosecution and defense of IP claims for clients of all sizes, in a variety of industries. Our attorneys regularly obtain intellectual property rights, prosecute infringement actions, counsel clients with respect to IP issues, and otherwise help clients get the most out of their intellectual capital.
Labor & Employment
Our Labor & Employment attorneys provide a full range of services to clients on a national and local basis. From counseling clients on daily employment issues to drafting employee handbooks, advising clients on employee benefits packages, and handling complex litigation, our Labor & Employment lawyers have the experience, skills, and commitment to client service to fit your needs and minimize the risks inherent in today’s workplace.
Our private equity attorneys have a wide variety of experience providing services to private equity clients in the retail, hospitality, and consumer products spaces. This has included forming a venture capital fund focused on early-stage retail investments, defending portfolio companies in litigation, or assisting our private equity clients with the purchase or sale of new investments.
Transportation & Logistics
Benesch’s industry-leading Transportation & Logistics team works with a variety of major players in the retail and consumer products industries, advising them on issues throughout their supply chain. The Transportation & Logistics team has worked with major big-box retailers, automotive retailers, manufacturers on more on issues including contract negotiations, pursuit and defense of cargo claims, regulatory compliance, acquisition financing, and more.
Our attorneys regularly counsel franchisees and franchisors on a variety of issues, including offering counsel on franchise sales issues, default and termination, insolvency, and advertising fund issues.
Members of our Insolvency & Creditors’ Rights group regularly counsel retailers, hospitality companies, and consumer products companies on a variety of bankruptcy and restructuring matters, including capital debt restructuring, loan workouts, creditor and debtor rights, commercial foreclosures, receiverships, assignments, and commercial litigation.
Members of our Insurance coverage group have a wide range of experience handling complex insurance coverage issues on behalf of retailers, hospitality companies, and consumer products companies. We provide our clients with coverage analysis and advice and have negotiated and litigated sophisticated insurance coverage claims under commercial general liability policies, directors and officers policies, property policies and fidelity bonds.