Today’s Retail Law
Mr. Moster has represented some of the top retailers in the United States and the World including Saks Fifth Avenue and related brands. This Retail Law has many of the unique features of the hospitality sector and requires that your lawyers have hands-on knowledge as to the business model and how the pieces fit together. Whether our clients are big box stores, emerging smaller outlets, or online stores, we can scale up or down to meet the challenge.
The services rendered depend on the nature of the retail venture. With regard to online retail operations, the firm has represented clients in multiple sales configurations. Whether a client is selling online retail for clothing, household items, artwork, or miscellaneous, is critical that the law firm have a thorough understanding of intellectual property and e-commerce law. This is our “sweet spot”.
Intellectual property necessitates that the clients have ownership in the branding of the product, and we advise with respect to trademarks, copyrights, and patents which are critical to protection. Failure to consider these issues at inception can result in expensive and crippling litigation which easily could have been avoided. We do not let our clients fall into that trap. Critically, online stores are subject to specific regulations imposed by the United States Patent Trademark Office. There is no substitute for experienced counsel in this area.
With regard to e-commerce, it is imperative that retail clients are given the proper terms and conditions for their websites in addition to enforceable electronic contracts. A huge mistake that arises frequently is the use by the client of terms and conditions posted by other companies. This can be a fatal error as the business model and liabilities vary substantially in addition to the effect of state law. Once again, there is no substitute for experience in this area.
The firm also advises clients with respect to brick-and-mortar retail operations which require multiple legal services including lease acquisition, buildout and construction contracts, employment agreements, and supplier contracts.
We look forward to advising our clients in the retail area and stand ready to help.