Retail Industry Services

The Retail Industry practice group at RMKB meets the full range of legal needs of our clients in the highly competitive retail industry. As industry insiders, we pride ourselves on knowing just what keeps our clients up at night and finding a solution to the challenges with which they are confronted. Retail is a vibrant segment of the economy in which corporate giants abut mom and pops and publicly traded companies compete with sole proprietorships. RMKB attorneys have the skill and expertise to assist our retail clients in navigating the highways and byways of commerce and successfully compete in their chosen industry. Our experienced team consists of corporate, real estate and tax lawyers as well as employment, labor, construction, products liability and premises liability litigators. We devise risk management strategies designed to minimize the frequency and severity of litigation and can assist with contractual risk transfer agreements to put the risk of loss where it rightly belongs. But when litigation does become necessary, we provide vigorous counsel, always aware that we need to align with our clients’ interests. The Retail Industry practice group counsels clients in areas such as leases, subleases, assignments, sale lease-backs and lease-options, transfers, employment concerns, and privacy and consumer protection matters, among other areas. We advise retailers, manufacturers and distributors in all aspects of their business. We also assist clients in achieving success through the management of real estate portfolios, navigation of complex regulatory and political arenas, negotiation and drafting of leases and the protection of priceless intellectual property. We assist clients with the challenges they face in a highly competitive retail market. Our clients range from major shopping centers and wholesale distributors to small boutiques and internet retailers. We represent major corporations in the retail industry as well as local businesses and family interests. We provide our clients with comprehensive solutions to meet the uniquely challenging needs of the retail industry, whether the client is a corporate giant or a sole proprietorship. Whether you are growing a small business or consolidating a large business, our team will deliver comprehensive advice on the most important issues you face in the ever-changing retail environment. Our team’s in-depth experience ranges over several decades in the retail and consumer industry. Our attorneys routinely oversee acquisitions, lease disputes, complex financing, and a variety of business dilemmas that affect our clients on a day-to-day basis. We understand the challenges retailers face in today’s market and we have the experience to support your retail business at

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retailers face in today’s market and we have the experience to support your retail business at every level. At RMKB, we provide business-oriented and results driven counsel based on substantial experience at the beginning, middle, and end of the investment or project cycle. We advise clients on cost-effective strategies and assist clients in obtaining coverage of their defense costs under an insurance policy. We are preferred defense counsel for numerous liability insurance carriers. RMKB is in an excellent position to represent the best interests of our retail clients and to provide our clients with sound legal and business advice. Our Retail Industry practice group can help you be more successful in the face of an assortment of competitive, legal and regulatory challenges in one of the world’s largest industries.

Representative Experience Attorneys: Scott W. Bermack Key Issues: pedestrian, parking lot, inadequate lighting, accident, brain injury Venue: NYS Supreme Court, Rockland County Client Type: Shopping Center Owner/Retailer Description: Won a defense verdict on behalf of a Rockland County (NY) shopping center owner blamed for a pedestrian knockdown accident in the parking lot. The pedestrian, who allegedly suffered from a traumatic brain injury in addition to numerous orthopedic injuries, claimed inadequate lighting and traffic control was to blame. After establishing to the satisfaction of the jury that the accident was entirely the fault of the pedestrian, a defense verdict was returned in favor of our client and the driver of the vehicle. Result: Defense verdict following two weeks trial.

Attorneys: Michael J. Ioannou, Lita M. Verrier Key Issues: Patent Infringement Venue: USDC: Northern District of California Client Type: Defendant Furniture Reseller Description: Represented the defendant, a furniture reseller, in a patent infringement action related to a computer keyboard.

Result: A favorable settlement was reached for our client.

Attorneys: Michael J. Ioannou, Lita M. Verrier Key Issues: Trademark Infringement Venue: San Luis Obispo County Superior Court Client Type: Defendant Sporting Goods Store Description: Defended a sporting goods store accused of trademark infringement, trade dress violations and unfair competition related to the use of State University logos and marks on articles of clothing.

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Result: Defeated a preliminary injunction on behalf of our client.

Attorneys: David M. McLaughlin Key Issues: Unruh Act Violations Venue: San Mateo County Superior Court Client Type: Defendant Hospitality Provider Description: Represented a Four Points by Sheraton Hotel and Suites property in South San Francisco. After his stay, a wheel chair bound disabled person sued the hotel for 19 Unruh Act Violations, treble damages/penalties and attorney fees, claiming denial of full and equal access to the facilities. Result: The case settled for $8,000 plus an agreed remediation plan, which was about half of the original demand.

Attorneys: David M. McLaughlin Key Issues: Sexual Harassment; Hostile Work Environment; Gender Discrimination Venue: USDC: Central District of California Client Type: Defendant International Wallcovering Company Description: Represented the defendant, an international wallcovering company, in an action alleging sexual harassment, hostile work environment and gender discrimination. Result: The matter was resolved in a successful settlement.

Attorneys: David M. McLaughlin Key Issues: Sexual Harassment; Hostile Work Environment Venue: Santa Clara County Superior Court Client Type: Defendant National Hotel Chain Description: Represented the defendant, a national hotel chain, in a sexual harassment and hostile work environment action with alleged supervisor liability. Result: The case was resolved in a successful settlement.

Attorneys: David M. McLaughlin Key Issues: Race Discrimination; Sex Discrimination; Age Discrimination; Disability Discrimination; FEHA Venue: San Mateo County Superior Court Client Type: Defendant National Hotel Chain Description: Represented a national hotel chain in a Superior Court action wherein the plaintiff alleged race, age, sex and disability discrimination (FEHA) arising from the plaintiff’s termination.

Result: Successfully settled for our client.

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Result: Successfully settled for our client.

Attorneys: David M. McLaughlin Key Issues: Race Discrimination; Sex Discrimination; Age Discrimination; Disability Discrimination; FEHA Venue: San Mateo County Superior Court Client Type: Defendant National Hotel Chain Description: Represented a national hotel chain in a Superior Court action wherein the plaintiff alleged race, age, sex and disability discrimination (FEHA) arising from the plaintiff’s termination.

Result: Successfully settled for our client.

Attorneys: David M. McLaughlin Key Issues: Gender Discrimination; Wrongful Termination Venue: USDC: District of Arizona Client Type: Defendant Hotel Management Company Description: Represented the defendant, a hotel management company, in a gender discrimination and wrongful termination case. Result: The case settled with summary judgment pending.

Attorneys: David M. McLaughlin Key Issues: FEHA; Labor Commission; Wrongful Termination; Race Discrimination; Unpaid Vacation Venue: San Mateo County Superior Court Client Type: Defendant National Hotel Chain Description: Represented a national hotel chain in a FEHA and Labor Commission and Department of Industrial Relations claim for wrongful termination based on race discrimination and unpaid vacation pay and overtime wages.

Result: The matter settled, a favorable result for our client.

Attorneys: David M. McLaughlin Key Issues: Wrongful Termination Venue: USDC: District of Arizona Client Type: Defendant Resort Hotel Description: Represented our client, a resort hotel, in a wrongful termination action in violation of public policy alleged by a food and beverage director employee of the hotel. Result: The matter was resolved and dismissed.

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Attorneys: David M. McLaughlin Key Issues: Wrongful Termination; Election Code Venue: Los Angeles County Superior Court Client Type: Defendant National Hotel Chain Description: Represented a Los Angeles airport hotel, which was part of a national hotel chain, in an action involving wrongful termination in violation of public policy alleged in the context of Election Code violations, and a Petition for Referendum to repeal a local ordinance pertaining to hotel transient occupancy taxes. Result: After an eleven day deposition of the plaintiff, the case resolved for a nominal amount.

Attorneys: David M. McLaughlin Key Issues: Product Liability; Breach of Warranty; Breach of Contract; Unfair Competition Venue: Santa Clara County Superior Court Client Type: Defendant Manufactured Homes Dealer Description: Represented a manufactured homes dealer in 30+ cases involving claims for product liability, breach of warranty, breach of contract and unfair competition. Result: The two cases led to a jury verdict and judgments in favor of the client. After the court awarded the client attorney fees in both cases, and the judgments were pursued, the plaintiffs filed bankruptcy and the serial litigation against the client ceased.

Attorneys: David M. McLaughlin Key Issues: Wrongful Termination; Sexual Assault Venue: San Francisco County Superior Court Client Type: Defendant Car Dealership Description: Represented a car dealership in a wrongful termination action alleging a violation of public policy. The plaintiff claimed to be a whistleblower.

Result: The case ended in a successful settlement ten days before trial after a co-employee claimed that the plaintiff sexually assaulted her.

Attorneys: David M. McLaughlin Key Issues: Assault; Battery Venue: Santa Clara County Superior Court Client Type: Defendant National Hotel Chain Description: Represented a national hotel chain wherein a defendant employee demonstrated a fighting move on a co-employee, the plaintiff, and fractured his neck. The plaintiff asserted a claim for assault and battery and respondent superior liability against the employer alleging that it knew the defendant employee had a propensity for violence, and the employer ratified such behavior. Result: The plaintiff claimed that the case fell outside the worker’s compensation exclusive remedy (serious and

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willful allegations eventually were dismissed).

Attorneys: Key Issues: wine; tapas; bar; restaurant; franchise; alcohol; lease; real estate Venue: Supreme Court New York County Client Type: Advertising Agency Description: Represented client in connection with the negotiation of a franchise agreement and real estate lease for a wine and tapas bar.

Attorneys: David M. McLaughlin Key Issues: Sexual Harassment Venue: San Mateo County Superior Court Client Type: Defendant Hospitality Provider Description: Represented a national hotel chain in an action brought by two cooks working in South San Francisco alleging sexual harassment by an independent contractor. Result: The case settled before trial to the satisfaction of our client.

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