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.

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.

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.

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.

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.

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.

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.

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.)

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.

Advised AQSE-Quoted Silverwood Brands in Multimillion-Pound Acquisitions of Lush Stake and Sonotas

Advised AQSE-quoted Silverwood Brands Plc in connection with its acquisition of minority stakes in Lush, a British skincare and cosmetics manufacturer and retailer, for approximately £216.8 million, as well as with the conditional acquisition of the Sonotas Group, a Japan-based skincare manufacturer, for approximately £18 million (Japanese ¥ 3,042.2 million).

Advised Silverwood Brands Plc on Equity and Debt Fundraising of £6 Million

Advised AQSE-quoted Silverwood Brands Plc as a part of its equity and debt fundraising of £6 million (Fundraising) announced on 13 October 2022. The team acted for Silverwood in connection with an unsecured loan facility with Castelnau Group Limited, a closed-ended investment company trading on the Specialist Fund Segment of the London Stock Exchange (Castelnau), for approximately £4.4 million. In addition, Castelanu agreed to subscribe for 2,285,715 new ordinary shares at a price of 70p per share in Silverwood, amounting to an aggregate of £1.6 million. The full loan facility was drawdown to enable completion of the acquisition of Nailberry by Silverwood.

Joan Yu (Partner and head of U.K. Capital Markets) led the transaction, assisted by Solicitor Cameron Sutton (qualified in Western Australia) and Trainee Solicitor Sebastian Clark.

Advised on Equity Fundraising for Samarkand Group Plc

Advised AQSE-quoted Samarkand Group Plc, a cross-border e-commerce technology, services and consumer brand group, on a new fundraising by way of an open offer of new ordinary shares. Samarkand is listed on the APEX segment of the Aquis Stock Exchange Growth Market. The fundraising was successful, with the new ordinary shares admitted to trading on 26 September 2022.

Joan Yu (Partner and head of U.K. Capital Markets) led the transaction, assisted by Solicitor Cameron Sutton (qualified in Western Australia) and Trainee Solicitor Sebastian Clark.

Advised Silverwood Brands Plc on Debt Facility

Advised AQSE-quoted Silverwood Brands Plc on a debt facility. The team acted for Silverwood in connection with an unsecured convertible loan facility of £1.5 million with Castelnau Group Limited, the closed-ended investment company trading on the Specialist Fund Segment of the London Stock Exchange, for general working capital purposes.

Joan Yu (Partner and head of U.K. Capital Markets) led the transaction, assisted by Solicitor Cameron Sutton (qualified in Western Australia) and Trainee Solicitor Sebastian Clark.

Advising on Brexit, Tariff, Customs Implications

Advising on the implications of Brexit and tariff and customs treatment of the import and processing of garments from the Far East into the U.K. and the EU.

Representation of Advertiser in First Amendment Challenge

Represented a billboard advertiser in a First Amendment challenge to a zoning ordinance preventing off-premise advertising in a successful appeal before the U.S. Court of Appeals for the Sixth Circuit.

Prosecuted Claims Involving Purchase and Sale Contracts

Prosecuted claims involving purchase and sale contracts of sea containers, coal, steel, paint, wine, perfume, cloth and clothing for various manufacturers and retailers.

Enabled Investor to Exercise Conversion Rights, Control over Retail Company

Enabled an investor to exercise conversion rights, vote his new shares and exercise control over a profitable retail company despite fierce opposition.

Dismissal of Claims in MMPA Class Action

Defended client in consumer class action seeking to recover alleged damages in excess of $5 million. Class asserted products sold by defendant were defective and that the defendant engaged in violations of the Missouri Merchandising Practices Act. Obtained dismissal of plaintiff’s claims.

Outside Corporate Counsel for Global Consumer Products Company

Outside corporate counsel to a global consumer products company, including prosecution and management of a worldwide trademark portfolio, negotiation of mergers and acquisitions, advice regarding commercial contracts and consumer products liability issues, and handling of data privacy issues.

Multimillion-Dollar Sale of Supplement Retailer

Assisted client with eight-figure sale of supplement retailer that operates through large online platform. Transaction included multimillion-dollar cash purchase price and purchaser stock components for seller.

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