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Retail, Ecommerce & Consumer Brands

Contacts

Christine L. Richardson
Partner, San Francisco
T: +1.415.983.1826
Deborah S. Thoren-Peden
Partner, Los Angeles
T: +1.213.488.7320
Jeewon K. Serrato
Partner, San Francisco
T: +1.415.983.1029
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Pillsbury serves as a trusted advisor to world-renowned retailers across a wide range of categories, helping to build, preserve and enhance the U.S. and international brands that define global commerce.

Our team provides comprehensive counsel to automotive, consumables electronics, entertainment, fashion and beauty, food and beverage, technology, telecommunications, travel and hospitality companies and manufacturers. We help clients execute industry-altering deals, safeguard and invest in employees, comply with consumer protection and data privacy laws, strengthen supply chains, protect and monetize IP assets, market new product, manage crises and anticipate risk.

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We advise organizations across the retail sector as they navigate transformative shifts in these and other areas:

  • Advertising, Marketing Distribution and Franchising
    The team offers extensive experience with all forms of advertising, promotions, marketing and distribution arrangements, affording clients with strategic advice regarding supplier relations, distributor networks, franchise systems, sales agents, direct sales and e-commerce.
  • Commercial Disputes
    Recognized as one of the 10 most feared law firms for litigation by BTI Consulting, we help clients around the world successfully resolve all manner of business dispute, whether in federal and state courts, through alternative dispute resolution, or at the negotiating table.
  • Consumer Class Action Defense
    We have a long track record of favorably resolving consumer class actions for retailers and consumer products businesses, in relation to privacy and data protection, labeling requirements, unfair competition claims, alleged false advertising, and more.
  • Corporate and M&A
    From formation through financing, mergers, acquisitions and divestitures, we provide strategic counsel to public and private retail companies at every stage of the deal life cycle, including venture capital transactions, SPACs and IPOs.
  • Cybersecurity, Data Protection & Privacy
    Pillsbury advises businesses around the globe on customer privacy, data collection and information management issues, with vast experience in connection with the Gramm-Leach-Bliley Act (GLBA); General Data Protection Regulation (GDPR); California Consumer Protection Act (CCPR); Fair Credit Reporting Act (FCRA); Telephone Consumer Protection Act (TCPA); and Right to Financial Privacy Act, among others.
  • Executive Compensation & Benefits
    With one of the largest stand-alone groups of compensation and benefits lawyers, Pillsbury delivers comprehensive guidance and ground-breaking strategies to consumer facing business around the world.
  • Fintech and Payments
    Pillsbury works advises financial institutions, money services businesses, payment networks, retailers, payment processors and other financial technology and payment processing businesses to address the complex legal and regulatory frameworks that govern them.
  • Gift Cards and Prepaid Cards
    Pillsbury advises on all aspects of compliance relating to gift cards, stored-value cards and credit and affinity cards, helping clients navigate the multistate and federal regulations governing unclaimed property/escheat, expiration dates and associated fees.
  • Global Sourcing & Technology Transactions
    Our lawyers provide retail companies of all sizes with tailored sourcing and procurement services in connection with complex technologies, customer service and critical business processes.
  • Insolvency & Restructuring
    Pillsbury helps retailers and consumer facing companies adjust to complex, constantly evolving market conditions, counseling financially distressed clients in connection with reorganizations, refinancings, recapitalizations and asset sales.
  • Insurance Recovery
    Our five-time Law360 Insurance Practice Group of the Year works with retailers and other policyholder businesses to recover on insured losses relating to major natural disasters, cyber incidents, product liability and recall matters, and more.
  • Intellectual Property Issues
    From copyright and trademark protection to brand optimization, we help leading brands leverage their IP and build on its value. We also assert and defend infringement, unfair competition, and false advertising claims on behalf of our clients.
  • International Trade & Supply Chain
    Combining in-depth knowledge of trade measures with a nuanced understanding of the related political, policy and diplomatic context, Pillsbury helps clients navigate the complexities of economic sanctions and trade restrictions that can directly impact supply chains.
  • Labor & Employment Matters
    We help clients develop and invest in dynamic workforces, offering practical guidance and solutions on recruitment and hiring processes, outsourcing strategies, terminations, reductions in force, federal and state wage and hour laws, leave laws, disability accommodation, health and safety regulations, and employee benefits.
  • Real Estate & Construction
    As brands traverse the increasingly narrow divide between digital retail, including social media, and traditional brick-and-mortar operations, our authoritative real estate lawyers counsel them on matters related to licensing; leasing, ground leasing and sale-leasebacks.
  • Tax, including State & Local
    Our transactional tax lawyers advise in all manner of domestic and cross-border deals, and our federal and SALT litigators have represented high-profile clients in tax controversy matters in jurisdictions across the U.S., including in connection with income and franchise tax, and sales and use tax.

Representative Experience

  • Drafted legislation that persuaded Congress to grant a six-month extension for disclosure compliance under the CARD Act, saving client Blackhawk Network significant cost.
  • Represented Petco Animal Supplies in its transfer of operations and management, and its acquisition of a retail pet food and supplies business and a chain of retail pet food and supplies.
  • Secured win for client Coffee Bean and Tea Leaf in one of the first FACTA cases resulting from the printing of credit card expiration dates on customer receipts.

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  • Gift Cards & Prepaid Cards
    • Represented five-star hotel in its defense against a class action suit brought on behalf of purchasers of gift cards and certificates.
    • Represented national book retailer in its defense against a class action alleging that refusal to redeem gift cards for cash violates California’s gift card statute and unfair competition law.
    • Helped national home improvement retailer successfully resolve a series of consumer class actions challenging the store’s current and former gift cards, resolving all cases by successful motions or minor settlements.
  • Corporate Counseling
    • Provided home and office computer manufacturer with advice regarding state, federal and international privacy laws and regulations as well as on spam laws and marketing efforts over their website.
    • Provided leading international private financial institution with ongoing advice regarding state, federal and international laws and regulations governing money transmissions through brick-and-mortar stores and via the internet.
    • Helped online insurance provider obtain necessary licensure and continue to review ads, marketing offers and website screens for regulatory compliance regarding the creation of “quality seals” for online retailers.
    • Advised global energy company and its retail outlets regarding credit cards, gift cards, financial services products, branding and numerous regulatory issues.
    • Represented major supermarket chain regarding expansion into financial services products, state and federal privacy requirements, money services, business regulations, unclaimed property obligations, collection practices, and related licensing requirements.
    • Advised satellite TV service regarding state and federal regulations governing payment mechanisms and warrant issues as well as state consumer law requirements.
    • Represented global book retailer of books, music and other entertainment with antitrust, unfair competition, suppliers, gift cards and state consumer law issues.
  • Global Sourcing
    • Represented international clothing manufacturer and retailer with major technology procurement and sourcing activities including desktop workstations and ERP system procurement, customization and support.
    • Represented affinity card startup with the negotiation of underlying technology and partnership agreements with credit card processors.
    • Represented supermarket chain with the negotiation of a full-scope IT outsourcing contract for data center operations, network management desktop support and applications development.
  • Real Estate
    • Represented international shopping center developer on leasing and development matters for more than 20 of its regional shopping and entertainment centers throughout the US.
    • Represented national retail chains and shopping center developers on zoning, land use and development matters concerning new strop shopping centers, renovation of existing centers and standalone pad sites.

Practice Area Highlights

  • Ranked nationwide by Chambers USA since 2016.
  • Recognized by Chambers Global as one of the world’s foremost practices in Cybersecurity, Data Protection and Privacy.Pillsbury is truly a one-stop-shop for consumer and retail clients from payments and gift cards, to cybersecurity and data protection, sweepstakes to real estate, and tax issues to consumer class actions.

Resources

Factsheet

Anti-Money Laundering

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