The attorneys in Taylor English’s Retail practice group understand retail. Our attorneys include former in-house counsel for national retailers, former in-house counsel for a publicly traded REIT, and many attorneys with decades of experience in all aspects of the retail industry. As a result of this unique mix, we bring extensive practical and strategic retail business understanding to the representation of our clients.
We have worked with clients in a number of retail sectors, including big box mass merchants, national and regional grocers, specialty, convenience, discount and variety, and quick service food.
Served as outside legal counsel to a lifestyle consumer brand in its sale to a leading seller of activeware apparel basics and graphic apparel, valued at approximately $60 million on an enterprise basis.
Defended a commercial tenant operating a discount mall in which the landlord tried to impose a month-to-month lease instead of an agreed upon 10-year oral lease. After two days of trial, the jury found in favor of our client.
- Defeated motion for preliminary injunction in copyright and trademark litigation over replacement grill parts
Music City Metals v. Cai, et al.
Represented certain defendants in a trademark and copyright case brought against numerous sellers of replacement grill parts on Amazon and eBay. Obtained advantageous modifications to a temporary restraining order and successfully defended against a motion for preliminary injunction, which promptly resulted in a favorable settlement for our clients. Music City Metals v. Cai, et al. (M.D. Tennessee
Won appeal to the Court of Appeals of Georgia on premises liability matter for national retail grocery chain.
Obtained dismissals in favor of defendants in several cases involving alcohol retailers who had been sued for providing alcohol to minors or to individuals who were intoxicated.
Represented national retail grocery chain in premises liability action brought by a customer for injuries allegedly sustained while on the premises. A background check and multiple open records requests uncovered nearly 100 criminal convictions that the plaintiff had not disclosed in discovery and these were used to negotiate a settlement for a fraction of the amount originally demanded.
Obtained defense verdict in lawsuit against alcohol retailer whose employee sold alcohol to a minor, in which the minor then was involved in a car accident, killing the other individual in the vehicle.
Defeated certification of putative national consumer class action against carpet manufacturer involving claims of personal injury and violation of various state unfair and deceptive trade practices statutes (UDTPA) arising out of sale of new carpet that emitted allegedly harmful levels of volatile organic compounds (VOCs).
Defended national truck and trailer rental company in accident litigation involving allegations of negligence, product liability, and negligent entrustment. Served as lead counsel defending the company and its employees in numerous matters and conducted pre‐litigation investigations, evaluations and negotiations. Successful outcomes included leading the investigation and defense of five wrongful death actions arising out of a catastrophic single ...
Led team that developed and implemented a national discovery counsel program for a major national retailer for its general liability claims, including premises liability and product liability claims. The program resulted in improvements in consistency and efficiency of discovery responses, improved litigation outcomes, and overall litigation cost reduction.
Represented one of the largest outdoor advertising companies in the world in the acquisition of hundreds of fee properties and billboard easements throughout the United States and in the complex financing of billboard and office locations.
Represented leading carpet manufacturer and a subsidiary in defending a large trade secret case involving a method for manufacturing carpet cores from recycled materials. The parties reached a confidential settlement right before trial.
Led the defense of Royal Metal against an inventor/patentee in a case involving claims of infringement of a patent related to industrial package assemblies. We negotiated a favorable settlement with plaintiff. Gray v. Royal Metal et al.
Represented HD Supply in defending claims of breach of licensing agreement with software provider. Obtained quick dismissal of the case with prejudice. Appsense, Ltd. v. HD Supply Construction Supply, Ltd.
Led defense of New Hampshire-based company in patent and trade dress litigation involving drop prevention products. Assisted prosecution counsel with successful petition for Inter Partes Review at USPTO and successfully deferred related litigation, resulting in a favorable settlement for the client.
Represented a private equity group in the purchase of a 128,000 sq. foot shopping center anchored by Publix in Woodstock, Georgia, and in the acquisition of a 78,000 sq. foot shopping center in Alpharetta, Georgia.
Advised client in the formation and capital structure of a real estate investment company engaged in the purchase of retail-anchored commercial shopping centers in secondary markets in the Southeast.
Represented national REIT’s as well as local/regional landlords for ground up developments and redevelopments.
Represent various retail clients regarding PCI compliance, credit card fraud and loss, and fraudulent e-commerce orders.
Represented HD Supply in defending claims of breach of lease and in asserting counterclaims for money had and received and related claims. The parties reached a confidential settlement.
Represented a start-up Georgia company that expanded its precious metals business to Illinois and California. Provided legal advice in all aspects of corporate and business development and assisted the company in opening more than 200 locations throughout the United States. Prior to returning to Taylor English, Mr. Lucas served as Senior General Counsel for the company and oversaw all aspects of the business operations, regulatory compliance, corporate ...
Extensive experience includes representation of a large national retail tenant and franchisor in more than 1,300 retail leases, and in the approval of more than 300 franchise leases, representation of numerous national and local operators of retail sale and service locations in a variety of industries and occupying space in shopping malls, strip centers and free-standing buildings, and representation of property owners in numerous retail leases in Georgia ...
Bench trial results in judgment on professional negligence and Georgia civil Racketeer Influenced and Corrupt Organizations Act through a non-jury trial in US District Court of North Georgia. Successfully obtained judgment.
Represented alleged debt collectors in defeating a federal Fair Debt Collection Practices Act, Georgia Fair Business Practices Act, and Georgia Unfair or Deceptive Practices Toward the Elderly Act lawsuit on a motion to dismiss for failure to state a claim in federal district court and on appeal in a Per Curiam Affirmed decision by the Eleventh Circuit Court of Appeals.
Represented alleged debt collector in defeating a federal Fair Debt Collection Practices Act claim on a motion to dismiss for failure to state a claim in federal district court.
Advised companies regarding compliance with the Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), Georgia Fair Business Practices Act (FBPA) and Florida Consumer Collection Practices Act (FCCPA).
Representation of a shopping center developer as Georgia counsel in a multi-state, multimillion dollar defeasance and commercial loan transaction.
Obtained a recovery of more than a million dollars for one of the largest ticket brokers in the United States related to the fraudulent sale and exchange of tickets for the Vancouver Winter Olympics.
After obtaining favorable result on behalf of one of the nation’s largest grocery chains, the plaintiff attempted to back out of the agreement. Client was not only able to enforce the terms and conditions of the agreed upon settlement, but was also awarded all of its attorney’s fees and costs incurred in so doing.
Resolved breach of contract, corporate veil liability and fraud claims.
Developed internal compliance procedures for a call center providing third party services to payday lending clients.
- August 24, 2018
- June 8, 2018
- May 16, 2018
- March 23, 2017
- June 22, 2016
- June 17, 2016
- June 17, 2016
- "Taylor English Duma Adds Diana Sarju Kim to the Employment and Labor Relations Group," Citybizlist AtlantaJune 17, 2016
- May 6, 2016
- January 8, 2016
- October 6, 2015
- July 24, 2015
- HR Daily Advisor, June 5, 2018
- November 7, 2017
- May 18, 2016
- January 14, 2016
- December 8, 2015
- November 20, 2015
- October 21, 2015
- October 6, 2015
- September 30, 2015
- September 23, 2015
- August 19, 2015
- August 11, 2015
- October 23, 2014
- April 16, 2014
- An Interactive Hospitality and Retail Law SeriesDavio's | 3500 Peachtree Road NE, Atlanta, GA 30326, July 24, 2018
- An Interactive Hospitality and Retail Law SeriesDavio's | 3500 Peachtree Road NE, Atlanta, GA 30326, March 27, 2018
- An Interactive Hospitality and Retail Law SeriesDavio's | 3500 Peachtree Rd NE Atlanta, GA 30326, January 30, 2018
- An Interactive Hospitality and Retail Law SeriesDavio's | 3500 Peachtree Rd NE Atlanta, GA 30326, October 23, 2017
- Recipes for Success | Alcohol: Navigating the Complex World of Beverage Laws, Promotions, and LiabilityDavio's, April 11, 2017
- Georgia Tech Hotel & Conference Center, November 9, 2017
- U.S. Department of Labor Issues New Overtime Exemption Rules Joseph W. Bryan