Significant Victory in Multimillion-Dollar California Class Action for Men’s Retailer
Secured a significant victory for our client, a men’s clothing retailer, in U.S. District Court for the Northern District of California. The plaintiffs alleged that late fees assessed by the retailer violated California consumer fraud laws. After filing and arguing a motion to dismiss, the plaintiff voluntarily withdrew the claims without any monetary payment or any other relief.
Complete Dismissal of Multimillion-Dollar California Class Action for Pet Products Manufacturer
Secured significant victory for our client, a pet products manufacturer, in U.S. District Court for the Northern District of California. Plaintiff alleged products were mislabeled and asserted fraud, warranty, and consumer protection claims; and sought to represent a nationwide class seeking more than $5 million in damages. After initial motions practice and discovery, the Court granted dismissal of all claims.
Judgment in Counterfeit Enforcement Action
Represented prominent luxury fashion brand in action in the U.S. District Court for Eastern District of New York against counterfeiter. Action terminated with cessation of all infringing conduct, highly favorable settlement, and consent judgment against infringer.
Acquisition of Online Apparel Ecommerce Business, Related IP Assets
Represented an investment firm client in the acquisition at auction of an online specialty retailer’s ecommerce business and related intellectual property assets, including trademarks and domain names, as well as merchandise and other assets. Transaction included negotiating asset purchase agreement, participating in bankruptcy negotiations, review of IP contracts, negotiating of loan document, conducting diligence of IP, as well as transition agreement for continued operation of ecommerce websites and onboarding of IP portfolio.
Sale of British Apparel Company
Advised a British apparel company and its administrators on the restructuring and prepackaged administration sale of the apparel business.
Advised U.S. Landlords on British Multinational Retailer’s Restructuring
Advised a group of U.S - based landlords in relation to the restructuring of a British multinational retailer.
Representation of Global Consumer Products Company Seeking $1 Billion in Damages
Represented global consumer products company in litigation involving breach of contract and misappropriation of trade secrets and seeking $1 billion in damages. Obtained summary judgment against one plaintiff and settled with other plaintiffs on terms favorable to client after the court granted Daubert motion and excluded damages expert.
Acquisition of Central and Southeastern Missouri Beer Distribution Business
Represented a St. Louis beer distributor, one of the largest privately held companies in the region and one of the largest distributors of beer, wine, spirits and other non-beer products, in its purchase of a distributing company serving customers throughout central and southeastern Missouri. The acquisition adds to the client’s annual distribution volume and further expands its market share in the region.
Renegotiation of Nearly 1,000 Retail Leases for Men’s Clothing Retailer
Completed a two-phase renegotiation of nearly 1,000 retail leases across the United States and Canada for a men’s retail clothing client in connection with COVID-19 impacts and the client’s emergence from Chapter 11 bankruptcy proceedings. In the first phase, we negotiated rent deferral agreements for nearly 400 retail locations in connection with the impact of COVID-19 and related government-mandated closures on the client’s operations; and assisted with nearly two dozen litigation matters relating to closures in several states. In the second phase, following the client’s declaration of Chapter 11 bankruptcy, we renegotiated nearly 850 retail leases assumed by the client in connection with the bankruptcy proceedings, successfully finalizing and obtaining full execution of nearly 99% of renegotiated leases submitted for legal review, nearly three times the success rate the client had originally anticipated.
Multi-jurisdictional Trademark Dispute for Worldwide Hotel and Entertainment Chain
Acted for a worldwide hotel and entertainment chain in a multi-jurisdiction trademark dispute.
Advised a Well-Known National Retailer on a Restructuring Project
Advised a well-known national retailer on a redundancy and restructuring project at their head office and multiple retail outlets, involving collective and individual consultation processes.
Advised on Restaurant Group Restructuring
Advised the board of a restaurant group in respect of its restructuring efforts.
Counsel to Noteholders for Footwear, Furniture Maker in Chapter 11 Proceedings
Served as counsel to the noteholders in Chapter 11 bankruptcy proceedings for a footwear and furniture maker.
Counsel to Reclaiming Creditors for Discount Drug Store Chain
Served as counsel to the reclaiming creditors for a chain of discount drug stores in its Chapter 11 bankruptcy proceedings.
Acquisition of Transportation Services Company
Counsel to buyer in the acquisition of a transportation services company in a carve-out transaction. The transaction achieved the client's goals of expanding to several key locations in the Minneapolis-St. Paul metropolitan area and establishing key strategic partnerships with regional customers.
Significant Victory in Multimillion-Dollar National Class Action for Men’s Retailer
Secured a significant victory for a men’s clothing retailer on a motion for summary judgment in U.S. District Court for the District of Maryland. The plaintiffs alleged that certain sales promotions were deceptive and sought certification of a California class, potentially exposing our client to hundreds of millions of dollars in damages. The Court dismissed the lawsuit finding that plaintiffs could not establish that the marketing campaign caused them damage. Earlier, the Court had dismissed requests to certify a nationwide class and a Maryland subclass for similar reasons.
Reversal of $72 and $55 Million Judgments
Armstrong Teasdale attorneys obtained reversal from the Missouri Court of Appeals of two separate judgments – one for $72 million and one for $55 million – against our client in cases alleging that the use of personal care products containing talcum powder caused ovarian cancer. This was the subject of media attention around the country and earned trial lawyer Tom Weaver the title of Litigator of Week in the AmLaw Litigation Daily.
Trademark Enforcement for Multinational Consumer Products Company
Successfully opposed a trademark application for a Fortune 500 multinational consumer products company involving a competitor’s mark used to market toilet paper, which bore confusing similarities to the client’s mark. The Trademark Trial and Appeal Board found that the identical nature of the goods in question and the similarities between the two marks would likely result in confusion, and refused the competitor’s application.
Co-counsel to Retailer in Chapter 11, Post-bankruptcy Proceedings
Serving as co-counsel to a specialty footwear retailer and its related debtor affiliates in Chapter 11 restructuring and post-bankruptcy proceedings. Client is the largest specialty family footwear retailer in the Western Hemisphere with nearly 4,400 stores across more than 30 countries.
Portfolio Management, Strategic Direction for Multiple Consumer Products, Health Care Companies
Managed global patent portfolios for and provided strategic counsel to multimillion-dollar consumer products and health care companies in the U.S. and abroad, including preparation and prosecution, opinion work, Inter Partes Review work and litigation.
Representation of Major Consumer Products Company
Represents a major manufacturer of consumer products in relations with its distributors.
Secured Voluntary Dismissal of Consumer Class Action Against Major Clothing Retailer
Secured the voluntary dismissal of a consumer class action filed against a major clothing retailer in the U.S. District Court for the District of New Jersey. The plaintiff alleged that our client’s sales promotions violated New Jersey consumer regulations governing advertisements, potentially exposing our client to liability for millions of dollars in statutory damages. After an appellate decision in another case confirmed the strength of our motion to dismiss arguments, the plaintiff chose to voluntarily dismiss the lawsuit.
$46 Million in Consumer Brand Acquisitions
Advised client in acquisitions of a number of consumer brands valued at over $46 million.
Protection of Global Footwear Company’s Intellectual Property
Represented a global company in the footwear industry regarding the maintenance of its intellectual property portfolio and the protection of its brand.
Obtained Dismissal of Consumer Class Action for Retailer in Illinois
Obtained a dismissal of putative consumer class action alleging deceptive advertising in U.S. District Court for the Northern District of Illinois. The Court granted the client’s motion to dismiss, and when the plaintiff sought appellate review, the Seventh Circuit unanimously affirmed.
$65 Million Sale of Specialty Home Furnishings Business
Represented the seller, a manufacturer of specialty home furnishings, in its acquisition by a leading brand aggregator in numerous different consumer products spaces. The sale, for $65 million in cash and equity, represented the buyer’s first acquisition in the home furnishings space. We also provided counsel on employment, employee benefits, tax, patent, and intellectual property aspects of the transaction.
Privacy Compliance and Data Protection Agreements for Retail Data Analytics Firm
Provided strategic and operational support to data management client in the context of the EU GDPR and concerns over the impact of the CCPA and other state privacy laws.
Advised Silverwood Brands Plc on Acquisition of Balmonds Skincare Limited, Admission to AQSE Growth Market
Advised Silverwood Brands Plc in connection with its acquisition of Balmonds Skincare Limited and the contemporaneous admission of the enlarged group to trading on the AQSE Growth Market. Total consideration for the acquisition amounted to up to £8 million. (For more information, see the 23 June 2022 announcement.)
Negotiated Trademark Consents and Coexistence Agreements for an Automobile Manufacturer
Served as outside counsel to an automobile manufacturer in the drafting and negotiation of consents and coexistence agreements with third parties regarding international trademark filings.
Acted for Leading High-Street Fashion Retailer in Pre-action Infringement Matter in Italy
Acted for a leading high-street fashion retailer against infringing shoe manufacturer in Italy in a cease and desist matter, and secured removal of mark from remaining stock.
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