As the economy's retail sector continues to grow both physically and virtually, so does the need for legal services from a firm that understands this highly competitive economic environment as well as the practical considerations and constraints faced by retailers. We have a strong history of advising clients in the retail industry in areas such as business formation, marketing, branding, privacy and data security, outsourcing, e-business, state and local taxation, employment, consumer credit, intellectual property protection, dealer and distributor agreements, litigation, land use permitting, product regulation, and real estate, including leasing and contaminated property issues.

Retailers face an increasingly complex and multi-layered regulatory environment at the state and federal levels. Whether in the areas of product regulation, privacy, advertising, environmental compliance, employment, or beyond, staying apprised of continuous regulatory change wile remaining focused on running a company is a challenge. 

And with the proliferation of state and federal laws regulating the materials and chemicals in virtually every product on the market, retailers and their customers are particularly vulnerable when there are changes to those regulations. Legal and regulatory changes can necessitate changes in product manufacturing, product formulation, warnings and labeling requirements, advertising practices, recycling,  recall practices, and more. Pierce Atwood attorneys can help you understand and comply with the latest regulations that can affect you and your business.

Please visit our Product Regulation & Chemical Safety Experience page for more information. And to learn more about our practices serving clients in the retail industry, please contact Pierce Atwood partner Ken Gray.

Representative Experience

We successfully defended a major retailer in parallel federal multi-district and state level class actions after a data security breach resulted in exposure of electronic payment card data.

Dismissal of Class Actions Against Retailer for Data Security Breaches

Lead counsel in obtaining dismissal of federal and state privacy claims against a large retailer in U.S. District Court in Boston.

Privacy Claims Against a Large Retailer

In an action concerning a commercial lease dispute brought against our client J.C. Penney by its landlord, we prevailed on a motion to dismiss in Maine federal court. The court affirmed that Maine law does not include an implied covenant of good faith and fair dealing, and, accordingly, that J.C. Penney did not violate any such covenant in the course of its commercial relationship with the landlord.

Success for J.C. Penney in Commercial Lease Dispute

Working together, our Business and Trusts & Estates lawyers helped our client Tom’s of Maine negotiate the sale of a controlling interest in the company to Colgate-Palmolive, in which the family retained a 16% interest.

Successful Business Transfer

We assisted the owners of OrthoLite in a successful recapitalization involving the sale of equity interests to a private equity firm and the rollover by management of a significant continuing equity position. Headquartered in Amherst, MA, with offices in Portland, OR and Hong Kong, and manufacturing facilities in China and Vietnam, OrthoLite is the world's leading supplier of comfort insoles. OrthoLite sells more than 140 million pairs of insoles annually, for use in footwear brands by Adidas, ASICS, New Balance, Merrell, Nike, Puma, Vans and Timberland.

Successful Recapitalization for Ortholite

The Business Group's Securities team has advised The Timberland Company for several years with respect to all of its Exchange Act reporting pursuant to a fixed-fee arrangement, helping this client manage its costs while improving service levels in this area.

The Timberland Company Exchange Act Reporting

We assisted a Massachusetts-based retailer with a 35-state voluntary compliance initiative, reducing sales and use tax exposure through negotiated settlements.

Voluntary Compliance Sales & Use Tax