Retail

Kean Miller LLP represents national, regional and local retailers, drugstores, restaurants, fast food chains, service stations, and supermarkets in the state of Louisiana. As Louisiana counsel, we handle a wide variety of matters for our retail clients including mergers and acquisitions, intellectual property, commercial and contract litigation, commercial real estate transactions, corporate acquisitions, leasing and lease disputes, labor and employment, pharmaceutical misprescription cases, product liability and medical products litigation. We also handle a large volume of litigation involving “slip and fall” claims and personal injury claims for many of the nation’s largest retail operations.

Business and Corporate:

  • Louisiana counsel to one of the world's largest retailers in corporate restructuring and financing transactions involving Louisiana real estate.

  • Representation of a national pharmacy chain in the acquisition of pharmacies in the state of Louisiana.

  • Representation of a national department store chain as Louisiana counsel in its acquisition of a sixteen-store department store chain, and in the subsequent formation of a national credit card bank.

  • Representation of regional cafeteria chain in the preparation of acquisition documents and due diligence in connection with its $35 million purchase of a seafood restaurants’ assets.

  • Representation of specialty foods company in the sales of the assets of the Clinton-based company to a Louisiana-based food company. The multi-million dollar transaction included unique intellectual property, trademark, and copyright negotiations, as well as complex valuations of the nationally distributed marinade maker.
  • Representation of retail grocery cooperative in general business matters and in construction issues for freezer expansions.
  • Representation of a national gasoline retailer in its alcohol license issues for company-owned retail outlets throughout South Louisiana.
  • Representation of numerous retailers in alcohol license issues throughout the state of Louisiana, including local permitting and licensing authorities in various jurisdictions.
  • Representation of a national hotel chain in permitting and licensing matters.
  • Representation of a national fitness club and franchisees in entity organization, lease and franchise negotiation issues, and local permitting.
  • Representation of an interstate transportation refueling and supply company in obtaining financing from a major lender. Our representation included the re-negotiation and drafting of leases and land use agreements involved with the project, and negotiation of the loan and security agreements with the lender.
  • Representation of a specialty foods and packing company in connection with acquisition of multimillion dollar food processing facility.
  • Representation of an entrepreneur in connection with the acquisition of a local bar/restaurant
  • Representation of a local businessman in connection with purchase of several franchised sandwich shops.
  • Representation of a local fast-food restaurant in the preparation of corporate organizational documents and general advice regarding business and real estate issues for a location in Baton Rouge.

Commercial Real Estate:

  • Representation of one of the world's largest retailers in the purchase of land for a major distribution center in Robert, Louisiana.

  • Representation of national grocery store chain in commercial litigation involving the sale of land, contracts to sell land, and long-term lease obligations.

  • Representation of a fast food chain and other fast food companies in connection with site acquisitions and permitting issues.

  • Representation of a national grocery chain in litigation in which the company sought a recession of lease in New Orleans, Louisiana, and in litigation where the plaintiff sought to enjoin the sale of land to the company.

  • Representation of a shopping center development company in hundreds of acquisitions, mortgages and sales of shopping center properties located in five states and Puerto Rico. The company’s holdings place it in the top rankings of strip shopping center developers in the United States.

  • Representation of a regional dry cleaner in matters relating to their retail locations and in an expropriation suit by the Department of Transportation and Development.
  • Representation of a national retail chain in commercial litigation matters involving lease disputes.
  • Representation of a national grocer in litigation to enforce performance of a contract to sell land.
  • Successful representation of a national pharmacy chain where the firm obtained a complete defense and indemnity on behalf of the client from a landlord who had refused tender. The case was filed in Jefferson parish. The landlord ultimately settled with the plaintiff.
Insurance Coverage:
  • Representation of a fast-food company in litigation to recover insurance proceeds with regard to damage to its restaurants in the New Orleans area following Hurricane Katrina.

Intellectual Property:

  • Representation of regional, multi-state cooperative of retail grocers, in business, contract, intellectual property, trademark, and copyright matters.

  • Representation of a specialty foods manufacturer in a multi-million dollar transaction which included unique intellectual property, trademark, and copyright negotiations.

  • Representation of numerous local restaurants in trademark and copyright matters.
Labor and Employment:
  • Representation of a national grocery store chain for over 20 years in employment discrimination and benefits cases in Louisiana.

  • Representation of a fast food chain in the development of employee handbooks and in a wide variety of labor and employment matters and litigation.

  • Representation of a national retail pharmacy chain in general employment and labor law issues.

Pharmacy and Misprescription Litigation:

  • Representation of a national grocery store chain in phen-fen litigation in Louisiana.
  • Representation of national grocery stores and pharmacies in defending allegations of malpractice in the dispensing of pharmaceuticals.

  • Summary judgment, motions and trials for a discount retail store with regard to slip and fall cases and falling merchandise cases.

Retail Litigation (Slip and Fall):

  • Representation of the local management arm of an international fast-food chain in numerous slip and fall cases.
  • Representation of national pharmacy chain in a false arrest claim at trial. The case was filed in East Baton Rouge parish.
  • Representation of a national video retailer in defending against personal injury claims on the retailer's premises.
  • Representation of a national pharmacy chain in defending against personal injury claims on the retailer's premises.

  • Summary judgment for a national retailer in a slip and fall case in which the court granted our motion based upon LSA-R.S. 9:2800.6, the Louisiana merchant liability statute.

  • Dismissal of a national retailer in a slip and fall case where the court granted our motion for summary judgment based on plaintiffs' inability to demonstrate the existence a defect in a shopping basket that allegedly overturned causing injuries to a minor child.

  • Obtained summary judgments for national gasoline marketers in slip and fall cases and alleged toxic exposure cases arising out of gasoline station operations.
Regulatory:
  • Representation of a food distributor before the Louisiana Department of Wildlife and Fisheries.

  • Representation of clients before the Louisiana Department of Agriculture.