- Represented Perfumania, Inc. in a nationwide class action pertaining to alleged violations of the TCPA, with the plaintiffs seeking between $10 million and $20 million of damages. The case presented novel issues of liability under the TCPA, as well as standing to pursue class under the Supreme Court decision in Spokeo and its progeny. We mounted a spirited defense and obtained a settlement at a very small fraction of the claimed damages.
- Represented an international retailer's specialty brand in a product recall. As a result of our work on this product recall, client asked Mintz to do a complete assessment of all of its non-food product safety processes.
- Served as antitrust counsel to one of the largest American retail pharmacies. Our team represented the corporation in its transactions, litigation, and other matters before both state and federal antitrust authorities.
- Assisted a national retailer in a product recall of an office product by helping them comply with CPSC and HealthCanada regulations.
- Mintz conducted a privacy risk assessment and gap analysis to assist an international retailer in developing data privacy and information management policies to be applied throughout the retailer's operations.
- Represented Charlotte Russe, Inc., a women’s clothing retailer with 45 retail locations, in an acquisition of Peek, Aren’t You Curious? Inc.
- Represented The Paper Store, LLC, a chain of specialty gift stores, in its equity recapitalization with private equity firm WestView Capital Partners.
- Represented a retailer in connection with its recently launched ocular telehealth initiative.
- Advised a national retailer in before the Consumer Product Safety Commission (CPSC) in a compliance investigation, which included an onsite inspection by the CPSC.
- Represented an online lingerie retailer in a class action alleging that the subscription model of our client violates California Automatic Renewal Law and the Unfair Competition Law. We achieved a favorable individual settlement for the client without any motion practice. The settlement allowed them to reduce the number of cases against them and remain attractive to investors.
- Advised an international retailer expanding into the United States on CPSC issues.
- Represented a public company retail client in the construction contracts related to the development of two large (750,000+ square feet) distribution centers.
- Represented debtors counsel in liquidating Chapter 11 case of a national retail chain.
- Mintz advises an international retailer on its global trademark portfolio.
- Represented NK Retail Holdings, the operator of a retail novelty store chain and Halloween “pop-up” stores in suing two former employees and a competing retailer who hired away the ex-employees. In connection with an application for a temporary restraining order, the judge ordered that the defendants’ laptops be seized. Shortly after, the case settled on favorable terms.
- Advising a subsidiary of the France-based sporting goods retailer, the largest sporting goods retailer in the world, in establishing a retail presence in the US. Mintz is advising them on expanding their US presence, including lease negotiations and corporate advice for establishing the US subsidiary. In addition, we are working with our client on immigration issues for key executives who are transferring to the US to work in the store’s retail operations.
- Advised a jewelry retailer and manufacturer, on its agreement to sell products through QVC, an American cable, satellite and broadcast television network specializing in televised home shopping. We negotiated a very favorable agreement for our client with QVC, protecting some of the company’s rights to distribute future products through multiple channels.
- Obtained a defense verdict in favor of supermarket defendant involving a claim that client violated the CA Robertson Roberti Fair Pricing Act. Verdict upheld on appeal.
- Representing a clothing retail chain in a class action alleging that Hot Topic sent texts to customers without prior express consent and thus violated the TCPA.
- Represented Lao Feng Xiang Jewelry USA, LLC, a jewelry company, in a class action alleging violations of ADA. Achieved individual settlement in class action where blind plaintiff claimed defendant’s website was inaccessible based on lack of JAWS screen reader compatibility.
- Represented Kirna Zabete, Inc., a women’s luxury fashion store, in a class action alleging violations of ADA. Achieved extremely favorable settlement in class action where blind plaintiff claimed defendant’s website was inaccessible based on lack of JAWS screen reader compatibility.
- Represented Crockett & Jones, a shoe manufacturing company, in a class action alleging violations of ADA. Achieved extremely favorable settlement in class action where blind plaintiff claimed defendant’s website was inaccessible based on lack of JAWS screen reader compatibility.
- Represented JL Audio, Inc., a manufacturer of consumer audio products, in a class action alleging ADA violations. Achieved extremely favorable settlement in class action where blind plaintiff claimed defendant’s website was inaccessible based on lack of JAWS screen reader compatibility.
For 20 years, Mintz has represented a client in real estate purchases, leases, development projects, and sale and leaseback deals involving more than 3,500 of the company’s retail properties. Mintz also developed a due diligence and compliance protocol for current or former brownfields properties.
Mintz helped a manufacturer and retailer of luxury skin care products negotiate a favorable agreement to sell products through a televised home shopping network. The agreement protects the company’s future rights to distribute products through multiple channels.
Mintz helped global alternative investment firm Apollo Global Management successfully resolve 10 cases related to its $1.36 billion tender offer acquisition of gourmet grocery chain The Fresh Market. The cases included a Delaware Chancery Court breach-of-fiduciary-duties suit and federal securities cases.
Mintz represented Cava when a former employee claimed she was fired for reporting sexual harassment of other employees. The firm argued the woman was terminated not for filing the report, but because the client believed she had falsified it.