Representative Matters

Retail Practice Representative Matters

  • Representing the Retail Litigation Center of the Retail Industry Leaders Association in filing an amicus brief in the Supreme Court of California in Kilby v. CVS. The case involves appeals that interpret a California “suitable seating” labor statute under California wage and hour law. These highly anticipated rulings will shape whether employees have the right to sit down at retailers and provide clarification on whether employers will be required to provide seating for such use.
  • Representing the defendant in Iskanian v. CLS Transportation, a case we have handled since 2006. The precedential issue for employers is whether class action waivers in arbitration agreements are enforceable in California. Our transportation client and firm prevailed at the trial level and prevailed before the Court of Appeals despite legal authority that ran contrary to our client’s position. The California Supreme Court recently affirmed our client’s position on all but one claim, a significant victory for employers in California.
  • Handling a wage and hour class action pending in the U.S. District Court, Central District of California. Fox attorneys represent a former management company that employed about 250 hotel workers for the first one-and-a-half years of the class period (April 2010 to October 2011). Recently filed a motion to compel arbitration and dismiss the class claims.
  • Represented a retail industry client in an appeal before the Court of Appeal for the State of California, Second Appellate District, challenging the trial judge’s award of attorneys’ fees in a zip code privacy class action litigation. The court agreed with our client and reversed the $350,000 judgment.
  • Representing a retail industry client in a case pending before the Court of Appeal for the State of California, Third Appellate District. The trial judge failed to grant class certification in a personal identification information case that hinges on whether the plaintiff had properly established the “ascertainability” requirement. We are currently awaiting judgment.
  • Represented a major U.S. clothing/cosmetic/accessories retail company with a worldwide presence in its overall immigration strategy, its transfer of personnel internationally and its hiring of foreign nationals in the United States.
  • Led a high-end fragrance company in the formulation and execution of a financial strategy and guided it through product launches, vendor relationships and marketplace exposure.
  • Defended a major Mexican retailer resisting $1.5 billion in contract claims arising out of the sale of exotic currency derivatives asserted in the New York Supreme Court by four derivatives dealers.
  • Secured a favorable settlement on behalf of an international cosmetics manufacturer in a contentious trademark infringement action in federal court.
  • Represented Countryside Foods, LLC, a major Midwestern wholesale food distributor, in a significant refinancing of its operations.
  • Represent a client who has the development rights for Krispy Kreme franchises in a number of geographic areas in Pennsylvania and New Jersey.
  • Successfully represented a Fortune 500 discount retailer in an intentional tort action involving the wrongful use of civil proceedings.
  • Served as company counsel on a series of equity investments, totaling more than $21 million, made by private equity investors from Switzerland, The Bahamas, Canada and the United States on behalf of an organic beverage company.
  • Represented the buyer in its purchase of the assets of a Mid-Atlantic region fireworks retailer for $7 million.
  • Represent an apparel company in connection with a capital investment by a Chinese manufacturer, handling licensing transactions and negotiating factoring agreements.
  • Represented a collegiate accessories company in the sale of preferred stock and warrants valued at $1.2 million.
  • Represented a leading national retailer of party goods in wage and hour class action law suits involving such issues as meal and break, paystubs, manager classification, and vacation pay issues.
  • Working with a client that is franchising/licensing upscale Japanese restaurants throughout the world, including in the Middle East, Russia and India.
  • Represented a home improvement retailer in a variety of employment cases, including breach of contract, wrongful termination, retaliation, discrimination (disability, age) and unpaid wage claims by terminated retail employees, and in mandatory workplace arbitration.
  • Represented a wholesale food distributor in connection with its sale to a private equity firm for $23 million.
  • Obtained casino and liquor licenses for Atlantic City restaurants Wolfgang Puck, House of Blues, Hard Rock Cafe and PF Chang’s China Bistro.
  • Acted as company counsel on a $500,000 capital raise for an earth-friendly retail venture.
  • Represented Vitamin Shoppe, a specialty retailer with more than 400 locations, in its national retail leasing program.
  • Represented multiple restaurant owners in wage and hour class/collective actions in federal court.
  • Secured a union decertification after an acquisition of a distribution company by a Fortune 500 food and beverage manufacturer.
  • Represented a substantial accessory company in its acquisition of an add-on brand.
  • Secured an injunction in New York federal court for a major supermarket chain enjoining slowdowns and work stoppages, demonstrating that these job actions were not permissible safety-related walkouts.
  • Secured treaty investor visas for key personnel of one of the world’s largest international fashion eyewear manufacturers and distributors.
  • Handled employment discrimination matters on behalf of an international retail store.
  • Successfully vacated a temporary restraining order in a blue jeans pocket copyright infringement matter filed in California state court and transferred to federal court. Obtained a default judgment on the copyright misuse and attorney’s fees.