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Retail and Mixed Use

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Waller attorneys understand the many challenges facing retailers today. From protecting intellectual property assets with patents and trademarks to confronting labor and employment issues such as wage and hour regulations and employee benefits, we have the industry knowledge and experience to help.  Waller’s multidisciplinary retail industry team comprises attorneys and paralegals with extensive industry experience to assist clients from local start-ups to publically traded companies with locations throughout the country. Waller is committed to helping retailers address day-to-day operational issues and achieve long-term strategic objectives.

Our retail experience includes nationally recognized retail brands and consumer products manufacturers, developers of shopping and life-style centers, warehouse and distribution facilities, and mixed use developments.

 

Labor and Employment

Retail clients trust Waller to help ensure their ongoing compliances with federal and state wage and hour regulations, assist with employee benefit programs such as ERISA, respond to union organizing efforts, manage multi-cultural workforces, and address high turnover rates among employees, along with other general employment issues. Waller’s labor and employment attorneys bring energy, experience and a deep understanding of the unique challenges facing the retail industry.

 

Intellectual Property

Waller’s talented intellectual property team assists retail clients with maintaining federal trademark registrations, obtaining patents and trademarks and providing counsel on other issues associated with their intellectual property assets. For retailers looking to expand through franchising, Waller understands the intersection of franchisor-franchisee business relationships with federal and state franchise laws and regulations. We prepare and register franchise disclosure documents and provide assistance with critical licensing agreements. Our IP team is known by clients to be approachable and pragmatic and Waller was recently named “Best IP Law Firm” in Tennessee by IdeaBuyer.

 

Corporate

Retail clients depend on Waller’s team of experienced and accessible corporate attorneys for matters arising in mergers and acquisitions, joint ventures, securities, and collaborative business arrangements. Attorneys in our corporate and commercial transactions practice provide sophisticated counsel to clients who are structuring strategic alliances or considering financial or strategic investments. Public and private clients in the retail industry call on Waller’s team of experienced M&A attorneys to handle transactions of all sizes. Waller’s corporate retail experience spans a large variety of matters which include providing fiduciary counseling for boards of directors, reviewing venture capital investments, reviewing and advising Groupon vendor agreements, negotiating IT consulting service and software license agreements.

 

Litigation and Dispute Resolution

Retail chains, both large and small, turn to Waller for representation in general litigation matters such as construction contract disputes and insurance related matters. In instances where the courtroom is not the best venue for resolving disputes, our attorneys are equally proficient in representing our clients’ interests in mediation and arbitration.

Waller’s Trial and Appellate team is experienced in various litigation matters facing retail chains, ranging from construction and real estate litigation, credit card disputes, advising clients on procedures for closing a store, recovering damages, and defending fraud and personal injury claims.

 

Real Estate

Large, well-established retail chains come to Waller for assistance in handling their real estate portfolios.  Waller plays a critical role in both national and regional expansion efforts, along with mergers and acquisitions. The legal services we provide include leasing and developing new locations, land acquisition, land use approvals and zoning, governmental incentives, construction contracts and more. Examples of recent matters include:

Our real estate team is focused on the acquisition, development, financing, leasing of retail real estate projects. Clients with projects across the United States are guided by our multi-disciplinary team through all phases of their projects from initial site identification, site acquisition, zoning/land use, development and financing to project management and disposition. We understand the key issues and business drivers affecting our retail clients, and we guide them towards achieving their strategic goals. We also provide assistance when proposed new developments are met with local opposition.

One of Waller's strengths is serving retail clients with large-volume site development goals. We work closely with our clients to maintain development schedules that keep roll-out plans on target.

 

Tax

Waller’s tax team is dedicated to meeting the business objectives of our retail clients with respect to employee benefit issues, including health and welfare plans, pension and 401(k) plans, profit sharing plans and Employee Stock Ownership Plans (ESOP). We also assist retailers with retirement plan audits, sales and use taxes, federal state and local tax issues,  employment tax issues,  and subrogation issues. Our tax attorneys also provide valuable assistance to our corporate and real estate teams in structuring transactional matters involving retail clients.

Waller's retail industry team is specifically focused on the acquisition, development, financing and leasing of retail real estate projects. Clients with projects across the United States, are guided by our multi-disciplinary team through all phases of their projects from initial site identification, site acquisition, zoning/land use, development and financing to project management and disposition. We understand the key issues and business drivers affecting our clients, and we guide them towards achieving their strategic goals.

One of Waller's strengths is serving clients with large-volume site development goals. We work closely with our clients to maintain development schedules that keep roll-out plans on target.

Clients work with Waller's team on projects that range in scope from stand-alone sites to regional shopping centers, including:

  • Hotels
  • Mixed use developments
  • Office space
  • Restaurants
  • Retail chains
  • Shopping and lifestyle centers
  • Warehouse and distribution facilities

The retail industry team's experience includes:

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