Retail & Consumer Products
- 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.
- Counseled a cosmetic company on its response to an FDA Warning Letter related to the use of drug claims to promote cosmetic products and then assisted in the company’s implementation of internal processes and procedures to avoid similar issues in the future.
- Assisted a national retailer in a product recall of an office product by helping them comply with CPSC and HealthCanada regulations.
- Represented a publicly traded distributor of personal care products, in California regarding Prop 65 (Safe Drinking Water and Toxic Enforcement Act) cases and Consumer Legal Remedies Act (CLRA) claims. All cases have been resolved through favorable settlements approved by the court.
- Represented Charlotte Russe, Inc., a women’s clothing retailer with 45 retail locations, in an acquisition of Peek, Aren’t You Curious? Inc.
- 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.
- Represented Seventh Generation, one of the nation's leading green brands, in its acquisition of Move Collective and their subsidiaries Pure Water Global and Move Collective Direct.
- 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.
- 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.
- Served as Co-Counsel to Clarion Capital Partners, LLC in its acquisition of Cross Accessory Division of A.T. Cross Company, a global branded accessories company and later represented Clarion Capital Partners, LLC and A.T. Cross Company in the acquisition of Sheaffer, a manufacturer of writing instruments.
- 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 a national retailer in before the Consumer Product Safety Commission (CPSC) in a compliance investigation, which included an onsite inspection by the CPSC.
- Represented Frette Srl., a luxury bed and bath linens company, in its acquisition by private equity firm Change Capital Partners.
- Negotiated with FDA on behalf of a cosmetic client when a large shipment of imported products was detained by Customs and Border Protection due to non-compliant labeling and assisted company in developing plans for reconditioning the products.
- Represented a public company retail client in the construction contracts related to the development of two large (750,000+ square feet) distribution centers.
- Represented a retailer in connection with its recently launched ocular telehealth initiative.
- Mintz advises an international retailer on its global trademark portfolio.
- Represented a supplier of do-it-yourself sewing, quilting, home decorating and crafts products in negotiations with the State of California regulatory agencies to limit fines and penalties in violation of the California Air Resources Board, and also Proposition 65.
- Represented debtors counsel in liquidating Chapter 11 case of a national retail chain.
- Represented Comfort Technology Systems, manufacturer of comfort shoes for women, in a class action alleging violations of ADA. Successfully achieved a favorable 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 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 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 Leisure Properties, LLC d/b/a Crownline Boats, a company which designs and produces boats, 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.
- 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.
- Defeated price gouging case brought by the NY AG’s Office against national distributor and its CEO. AG claimed our clients had charged excessive prices for cleaning products during the COVID-19 pandemic. After an expedited proceeding and a summary hearing, our clients were fully vindicated and the case dismissed, in the only successful defense under this statute’s over 40-year history.
- Prosecuted a claim by our client, automobile dealer, against a major automobile manufacturer for breach of contract, breach of fiduciary duties and implied covenant of good faith, unfair business practices, fraud, anti-trust violations, and conspiracy. Obtained a substantial settlement for our client after a favorable ruling on a petition for preliminary injunction and shortly before commencement of trial.
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Mintz’s Appellate team successfully defended a denial of class certification in the Ninth Circuit, which arose in a suit filed against Benihana regarding the inclusion of imitation crabmeat in certain of the restaurant’s sushi rolls.
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Mintz served as legal counsel to Invited, Inc. in its sale of certain assets related to its BigShots Golf business to Topgolf Callaway Brands Corp.
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Mintz represented The Paper Store in its Chapter 11 bankruptcy case and devised a strategy that allowed its stores to remain in operation without interruption.
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Mintz represented the Expedia Group and its subsidiary HomeAway (now known as Vrbo) in a Massachusetts enforcement action brought by the Division of Professional Licensure and the Board of Registration of Real Estate Brokers, defeating the agencies’ bid to regulate Expedia as a real estate broker.
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Mintz secures $3.5 million award for client Sandy Alexander in a breach of contract case brought against a manufacturer.
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Mintz’s Securities Litigation team achieved a full dismissal at the pleading stage of a putative securities class action case filed against client PriceSmart, Inc. and its former executives.
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Shopify hired Mintz to identify and acquire patents to strengthen its portfolio. Mintz’s IP Transactions team identified potential patents, conducted due diligence to value the patents, and negotiated the purchase agreements, acquiring 17 patent families with 50 patents for Shopify.
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Mintz secures unprecedented victory for Quality King Distributors and its CEO in price gouging case brought by New York State’s Attorney General.
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Mintz represented XpresSpa Group, Inc. before the Second Circuit Court on appeal from the SDNY. Appellants sought to overturn the SDNY decision granting XpresSpa summary judgment and an earlier decision dismissing all of the appellants’ state law claims.
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In litigation arising from the sale of a prominent top-performing Mercedes-Benz dealership and related real estate, Mintz secured a complete defense verdict for sellers Encino Motorcars, Inc. and its owners. The court ultimately awarded Mintz's clients nearly $3.1 million in attorney fees and costs.
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At the peak of toy-buying season, Mintz helped Spin Master Ltd. obtain a preliminary injunction preventing toy company E. Mishan & Sons, Inc. (Emson) from importing and selling Radical Racers toys in the US after Spin Master sued Emson for infringing patents covering its Zero Gravity® toys.
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When a national retailer terminated an employee for policy violations, the individual sued for disability discrimination and Family and Medical Leave retaliation. After Mintz uncovered serious misconduct by the former employee, the court granted our motion to dismiss the case.
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In a case alleging breaches of fiduciary duty, a Mintz corporate and litigation team led by lawyers Seth Goldman and Stephen Curley achieved a very favorable settlement for plaintiffs — minority stockholders who hadn’t received a financial return on their early-stage investment in FragranceNet.com.
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Mintz advised Seventh Generation, a maker of environmentally friendly household cleaning products, from its beginnings as a catalog company through its evolution into a leading “green” company. Mintz also represented the company in its sale to Unilever.
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Mintz serves as national counsel to a multinational manufacturer of parts used in industrial and consumer products, assisting the company with litigation prevention and handling product liability lawsuits throughout the United States and Canada.
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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.
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Mintz represents Advanced Micro Devices in enforcing its patent rights related to novel architectures for GPU circuitry. The ITC handed down a decision that VIZIO, MediaTek and Sigma Designs violated Section 337 of the Tariff Act and recommended certain products be excluded from import to the US.
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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.
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Mintz successfully argued against certification of a federal class action suit against adidas America involving the company’s Springblade running shoes. The judge agreed that adidas did not knowingly conceal information from consumers.
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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.
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Mintz helped a manufacturer of household cleaning products free of harmful chemicals reach a global settlement that resolved two class actions alleging violations of New York and Illinois unfair trade practices acts regarding the use of the advertising term "natural."
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Mintz helped a manufacturer of plant-based, non-GMO snacks reach an early resolution of a false advertising lawsuit that challenged the company’s use of the term all-natural. Mintz attorneys have significant experience advising food and beverage clients on packaging and labeling law.
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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.
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Mintz helped a hair products manufacturer respond to a violation notice concerning California’s proposition 65, which requires businesses to provide warnings about exposures to certain chemicals. Mintz established that the products were subject to the statute’s Safe Harbor provisions.