Retail

From brick-and-mortar retailers to online merchants, luxury retailers to big-box stores, start-ups to Fortune 500 corporations, and fashion retailers to restaurants, Steptoe represents many of the largest retailers in the world in a wide range of legal matters.  Steptoe’s Retail Group is best known for its work defending consumer class actions involving issues such as deceptive pricing, false advertising, automatic renewal laws, gift cards laws, TCPA, FACTA, California’s Song-Beverly Credit Card Act (and related statutes in other states) and “Made in the USA” laws. The group also frequently defends cases brought under the ADA alleging that the retailers’ websites or point-of-sale devices were not accessible to sight-disabled consumers.

We regularly counsel retailers about e-commerce, information security, data protection, privacy law, and federal and state regulatory compliance issues, and have successfully represented our retail clients in a broad range of commercial and intellectual property litigation. We review and revise their online privacy policies and terms of use for compliance with state and federal laws, including New Jersey’s frequently-litigated TCCWNA. In addition, we advise our clients regarding various transactional matters, including corporate acquisitions, product distribution, supplier and customer contracts, and real estate deals.

Our diverse group of lawyers also has considerable experience successfully defending retailers in state and federal courts in employment disputes involving claims of harassment and discrimination, and in cases involving allegations of unequal pay, overtime and wage and hour violations, defamation, and wrongful termination.  We counsel our retail clients regarding employee benefit programs, workforce reduction planning, trade secret protection, non-compete contracts, employee discipline, human resource policies, and immigration issues.  We also effectively represent retailers in union avoidance efforts, union elections, collective bargaining, contract maintenance, and unfair labor practice proceedings. 

Steptoe frequently provides valuable advice to our retail clients regarding tax planning and obligations in the areas of sales and use taxes, multi-state corporate income taxes, property taxes, and luxury and excise taxes, as well as litigate tax matters on the federal, state, and local levels.

As many of our lawyers work with retail clients full-time, we have a deep understanding of the legal and business concerns impacting retailers. Additionally, we work with our clients’ management, marketing teams, finance teams and IT departments to develop tailored, creative and cost-effective solutions that do not interfere with business goals. We constantly monitor issues that affect retailers, and are often the first to learn of significant developments in retail law. We repeatedly reach out to our clients to help them respond proactively, so they can protect themselves from emerging risks.