Consumer Products and Services

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.

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.

Served as counsel to the reclaiming creditors for a chain of discount drug stores in its Chapter 11 bankruptcy proceedings.

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.

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.

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.

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.

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.

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 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 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.

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.

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

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.