Retail Law

Clark Hill attorneys have had considerable experience in representing retailers in the metropolitan Detroit area and throughout Michigan by addressing the myriad of concerns which confront them, such as real estate issues, employee benefits matters, labor problems and corporate organization. In addition, the firm has extensive expertise in representing retailers in litigation. In particular, the firm has been involved with the defense of intentional tort litigation (assault and battery, false imprisonment and shoplifting cases) and has counseled clients with regard to internal policies concerning shoplifters and other undesirable customers. The firm works very closely with risk management personnel in connection with these matters. In addition, the firm assists with proceedings involving weights and measures, state and local liquor licensing and liquor license violations, advertising questions and related matters. The firm maintains expertise in connection with the Michigan Item Pricing Act (Michigan's "scanner" law) and regularly becomes involved with consumer suits involving violation of this Act, as well as other consumer protection statutes. The firm also has handled negotiations with coupon brokers in connection with verifying such transactions. The firm has handled general litigation throughout Michigan, encompassing real estate, antitrust, general commercial and other issues.

The firm also represents a number of restaurant, liquor, beer and wine distributors, and other suppliers regarding similar issues, and are regularly engaged by two insurance carriers in defense of liability cases, including premises liability cases.

 

Experience

Phillips v. Bally Total Fitness Holding Corp., 372 Ill. App. 3d 53 (1st Dist. 2007) Obtained dismissal of putative nationwide class action alleging violations of the Illinois Consumer Fraud and Deceptive Practices Act. Kent also successfully argued the appeal before the First District Appellate Court of Illinois.

Successfully represented mall developer in multi-million dollar contract and tort action against shopping center chain involving real estate disputes, lease disputes, intentional interference claims and related contract and tort claims. Jury Trial, Johnstown, Pennsylvania

Represented the purchaser of multiple shopping centers.
Represent hotel owners and operators in all aspects of real estate acquisition and development projects, including limited partnership, operating, management, franchise and easement agreements, leases and corporate governance documents
Tags: Retail
Acquisition and Development of Retail Sites. Representation of a locally based developer in connection with (i) negotiating and drafting documentation connected with site acquisition, development and construction of numerous strip malls leased to national retailers; (ii) assisting developer in obtaining zoning/permitting/approvals needed to develop the project; (iii) providing counsel in environmental issues with respect to the site; (iv) assisting the developer in obtaining construction and permanent financing including letter of credit enhancement financing for a number of projects combined into one financing; and (v) handling all title insurance matters for such developer's projects.