Retail & Consumer Products

Whether you’re a consumer product manufacturer, a retailer, or a trade association, product testing lab, or investor, we understand the challenges facing your business — from the effects of globalization, changes in demographics, to the impact of deflation, distribution, and industry consolidation. Whatever issue you’re grappling with, our team has the insight, deep knowledge, and experience to create a solution that works for you.

Business Transactions
If it’s a business transaction you’re involved in, our attorneys can prepare the legal documents to protect licenses, patents, and trademarks as well as represent you in a variety of financial transactions, including mergers, acquisitions, public offerings, joint ventures, and strategic alliances, and debt and equity financings. We also have substantial experience in licensing.


Consumer Product Safety
We specialize in representing companies and industry groups before the Consumer Product Safety Commission and other regulatory bodies. We also provide seasoned advice to ensure your product is in compliance with federal, state, and international regulations as well as guide you through product recalls and other product issues.


Bankruptcy & Reorganization
If you’re wrestling with cash flow or credit issues that might trigger insolvency, reorganization, or bankruptcy, our team can provide you with comprehensive, creative, and cost-effective representation involving the most complex proceedings. We have extensive experience guiding debtors, creditors, investors, manufacturers, and retailers through turnaround, sale, dissolution, and reorganization.


Employment & Immigration
We handle a wide variety of employment and immigration matters for consumer product manufacturers and retailers. Whether it’s developing employment policies, handling complicated issues involving employee relations, or preparing compensation and benefits packages for your employees and managers, our attorneys can steer you in the right direction. We can also help you secure visas for your skilled employees.


Intellectual Property
When the issue involves protecting your brand, our Intellectual Property attorneys cover all the bases. From trademark prosecution, to licensing and distribution agreements, to protective services for designers and retail manufacturers, our focus is on protecting you and your product.


Litigation
Our strategic services are focused on reducing and managing your risk of product litigation. We can negotiate liability and insurance coverage for your product, advise you on product labeling, protect your interests before regulatory agencies, and educate your workforce on prevention issues. If a product liability claim does land you in court, our seasoned litigators have extensive experience representing clients in complex federal, state, and international proceedings involving product recalls, personal injury, and consumer fraud.


Privacy & Data Security
Achieving your business objectives may seem like an enormous challenge in light of today’s rules and regulations regarding privacy and data security. That’s why our attorneys are trained to help you identify and manage the risks. We can assist you in developing and implementing policies and best practices that comply with the growing body of federal, state and international privacy regulations. Our services also include conducting privacy audits, performing gap analyses, and managing the investigation and resolution of privacy and security breaches.


Public Relations & Government Relations
Whether you’re a consumer product manufacturer, a retailer, or a trade association, you may want some help if and when the media come calling. We provide strategic communications consulting through our affiliate, ML Strategies, LLC. Our services can also help you in a variety of other areas, including successfully promoting a ballot initiative, effectively advocating for legislative change, strategic planning, and assistance in successfully navigating project-related development and environmental issues.


Real Estate & Development
When you need legal help with a real estate transaction or project financing, our team of experienced attorneys can offer you skilled representation on site location planning, zoning, leasing as well as sale and leaseback strategies. Our relationships with developers, landlords, lenders, and investors can help you quickly and efficiently execute your real estate strategy.

Sort by: Name  Title  Office

Boston 617.348.3084
New York 212.692.6866
Avisheh Avini

Avisheh Avini

Of Counsel

New York 212.692.6200
Christine M. Baker

Christine M. Baker

Of Counsel

New York 212.692.6236
David Barmak

David Barmak

Member

Washington, DC 202.585.3507
Boston 617.348.4472
Scott Biel

Scott Biel

Member

San Diego 858.314.1555
Los Angeles 310.586.3200
San Francisco 415.432.6000
Joel R. Bloom

Joel R. Bloom

Member

Boston 617.348.1608
New York 212.692.6784
Steven B. Callahan

Steven B. Callahan

Of Counsel

New York 212.692.6218
Susan E. Carlson

Susan E. Carlson

Special Counsel

Boston 617.348.4438
Barbara Chin

Barbara Chin

Associate

Boston 617.348.4405
San Diego 858.314.1533
San Francisco 415.432.6000
Boston 617.348.4468
Stephen P. Cole

Stephen P. Cole

Associate

Boston 617.348.1605
James Conley

James Conley

Member

San Diego 858.314.1514
New York 212.692.6217
San Diego 858.314.1503
Los Angeles 310.586.3200
New York 212.935.3000
San Francisco 415.432.6082
New York 212.692.6703
Boston 617.348.1797
New York 212.692.6853
Joseph R. Dunn

Joseph R. Dunn

Associate

San Diego 858.314.1516
Christa S. Eilers

Christa S. Eilers

Associate

San Diego 858.314.1890
Boston 617.348.1635
Boston 617.348.3003
Scott C. Ford

Scott C. Ford

Member

Boston 617.348.1744
Boston 617.348.1642
New York 212.692.6247
Lisa F. Glahn

Lisa F. Glahn

Member

Boston 617.348.4457
Laura K. Graham

Laura K. Graham

Associate

Boston 617.348.4461
Boston 617.348.4424
Matthew R. Howsare

Matthew R. Howsare

Of Counsel

Washington, DC 202.434.7446
Boston 617.348.1813
Boston 617.348.1706
New York 212.692.6215
David M. Katz

David M. Katz

Associate

New York 212.692.6844
Maryanne Kline

Maryanne Kline

Associate

Boston 617.239.8498
New York 212.692.6768
San Diego 858.314.1535
Los Angeles 310.586.3200
San Francisco 415.432.6000
Boston 617.348.1732
San Diego 858.314.1509
San Francisco 415.432.6104
Washington, DC 202.434.7452
San Diego 858.314.1519
Boston 617.348.3058
Boston 617.348.1807
Boris A. Matvenko

Boris A. Matvenko

Of Counsel

New York 212.692.6858
Boston 617.348.1688
New York 212.692.6794
Boston 617.348.1691
Boston 617.348.1694
Bridget A. Moorhead

Bridget A. Moorhead

Of Counsel

San Diego 858.314.1585
Tavis J. Morello

Tavis J. Morello

Associate

Boston 617.348.4464
Evan Nadel

Evan Nadel

Member

San Francisco 415.432.6016
Andowah A. Newton

Andowah A. Newton

Associate

New York 212.692.6848
New York 212.692.6774
San Diego 858.314.1505
San Francisco 415.432.6109
New York 212.692.6859
Boston 617.348.1711
San Diego 858.314.1527
Los Angeles 310.586.3200
San Francisco 415.432.6080
Jake Romero

Jake Romero

Associate

San Diego 858.314.1584
Stamford 203.388.8464
New York 212.692.6766
Boston 617.348.1725
Jack C. Schecter

Jack C. Schecter

Of Counsel

Boston 617.348.3083
New York 212.692.6761
New York 212.692.6732
Bram Shapiro

Bram Shapiro

Member

Boston 617.348.1610
Robert Sheridan

Robert Sheridan

Associate

Boston 617.348.4466
Farrah Short

Farrah Short

Associate

Washington, DC 202.585.3518
San Diego 858.314.1506
Nancy J. Sterling, APR

Nancy J. Sterling, APR

ML Strategies - Senior Vice President, Strategic Communications

Boston 617.348.1811
Jennifer Sulla

Jennifer Sulla

Of Counsel

Boston 617.348.3092
Jeff Tsai

Jeff Tsai

Senior Patent Agent

New York 212.692.6757
Tali M. Tuchin

Tali M. Tuchin

Of Counsel

San Diego 858.314.1558
Andrew R. Urban

Andrew R. Urban

Vice Chairman

Boston 617.348.1750
Ben L. Wagner

Ben L. Wagner

Associate

San Diego 858.314.1512
Los Angeles 310.586.3200
Boston 617.348.1612
San Diego 858.314.1522
Los Angeles 310.586.3200
Monique Winters

Monique Winters

Associate

San Diego 858.314.1542
Dean G. Zioze

Dean G. Zioze

Member

Boston 617.348.4795

Representative Experience

  • Advised dozens of clients with respect to drafting their social networking policies.
  • As general counsel to a leading appliance manufacturing association, negotiated and drafted the amendments to the Consumer Product Safety Act and the National Appliance Energy Conservation Act.
  • Counseled a public international beverage company on department-wide restructuring of wage payment and employee classification practices, ensuring compliance with state and federal wage / hour laws.
  • Designed and implemented a global, tax-advantaged management incentive plan for an international apparel company.
  • Engaged by CVS to formulate its due diligence program, including preparing due diligence requirements; selecting, interviewing, and training consultants; and developing and negotiating a master consulting services agreement.
  • Handle all patent and IP litigation for a leading running apparel and shoe company.
  • Manage the entire intellectual property portfolios of numerous consumer product companies, ranging from apparel, hair care, cosmetics, electronic goods, beverages, sporting goods, children’s products, and many others.
  • Manage the entire intellectual property portfolio of a major shoe and apparel company.
  • Ongoing consumer privacy advice (online and offline) to a manufacturer / supplier of nontoxic household products.
  • Ongoing representation of a privately owned global sports and athletic apparel company including successful outcome of an international arbitration regarding a distribution agreement.
  • Received an extremely favorable arbitration award on behalf of a global manufacturer. We were retained to initiate arbitration against another manufacturer when it defaulted on its contract obligations. We filed the claim and sought damages of $18.2 million. Our team received a statement of decision awarding our client $18.3 million in damages, plus $3.7 million in interest and attorneys fees.
  • Represent CVS in its environmental matters, including assessing remediation costs and allocating liability among sellers, landlords, and other third parties, as well as managing property remediation through state regulatory programs.
  • Representation of a national discount clothing retail chain in Chapter 11 issues, including divestiture of surplus real estate, going concern Section 363 sales of assets and leases, and assignment and assumption of real estate leases.
  • Represented a national retail pharmacy chain in its sale-and-leaseback transactions involving more than 2,300 of its retail properties in 30 states with a value in excess of $10 billion, including serving as real estate counsel to the pharmacy in the largest retail sale-and-leaseback transaction in the nation’s history, involving 340 retail stores with a value of $1.5 billion.
  • Represented clients in dealing with numerous issues arising out of employees’ use of social networking sites, including advising a client on an employee’s Internet campaign supporting the legalization of marijuana and advising a client on an employee’s postings about being a witch and recruiting others to participate in a witch’s coven.
  • Represented retail companies in Chapter 11 proceedings.
  • Executive compensation counsel to the CEO of a global consumer products company in negotiations with respect to the individual’s employment agreement and bonus arrangements.
  • Advised the CEO of a national supermarket chain in negotiations with respect to the CEO’s employment, emergence bonus, and equity agreements in connection with the supermarket chain’s restructuring.
  • Representing a national retail pharmacy chain in connection with a national consumer agency investigation of gift cards and whether they comply with state and federal laws on how gift cards are marketed.
  • Successfully represented a California-based distributor of eyewear frames in a patent infringement case. In 2007, our client was sued for purportedly infringing two patents for magnetic clip-on eyewear. We were granted summary judgment by the US District Court for the Southern District of New York, which dismissed the case, and in 2010, the federal appeals court upheld the lower court’s dismissal of the lawsuit.
  • Successfully represented a number of clients with Foreign Corrupt Practices Act issues, including the following: Advised a manufacturer in connection with FCPA issues related to its distributorship agreement in India; advised a large, multinational corporation contemplating a cross-border acquisition on FCPA issues arising in the due diligence performed by a Big 4 consulting firm (we analyzed the findings and assisted the client in fully evaluating the acquisition opportunity); and represented a technology company in conducting FCPA due diligence for a proposed merger, with a specific focus on issues relating to a distributorship in China.
  • Successfully represented an apparel company in obtaining a jury verdict of infringement over copyright and trademark rights used in connection with apparel.
  • Successfully represented a consumer products company in a trademark jury case.
  • Won a decisive victory for the leading manufacturer of indoor tanning lotions against a website that was selling its tanning lotions online in violation of the company’s distribution agreements and federal trademark law. After a five-day trial, a jury in the Eastern District of New York returned a $6 million verdict against the online company and found in favor of our client on its claims for tortuous interference with contract and trademark infringement.

Representative Clients

  • CVS Caremark Corporation
  • Gillette (Procter & Gamble)
  • H.B. Day Co., Inc.
  • Nestlé Waters North America
  • Panera Bread
  • Reebok

Upcoming

Past