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The Retail Industry Trade Regulation Practice
Group specializes in representing retailers in
the various aspects of their business. Clients
include large retail chains, grocery and drug
stores on a national, regional and independent
level and suppliers to California retailers.
We represent clients in a wide variety of lawsuits,
but particularly those involving unfair competition,
antitrust, false advertising, unfair business
practices, consumer legal remedies, Prop 65, disabled
access laws (ADA and Unruh Act) and challenges
to various state statutes, regulations and municipal
ordinances affecting the retail industry. Our
attorneys have a breadth of experience in dealing
with all aspects of litigation, including class
action litigation, and alternatives to litigation
such as mediation, arbitration and negotiating
with state and municipal agencies.
Rogers Joseph O'Donnell ’s Retail Industry Trade Regulation Practice
Group regularly analyzes discrete issues of business
practices for our retail and supplier clients,
advising them on the effect of various federal,
state or local laws on their sales and operations
in California and nationwide. We provide advice
on such diverse areas as packaging, labeling,
advertising, licensing, sales and shipment of
products. We have negotiated with municipal and
state agencies on behalf of our clients in resolving
disputes and dealing with issues in the areas
of sales of alcohol and tobacco, weights and measures,
environmental regulations and local ordinances.
Rogers Joseph O'Donnell attorneys also handle employment matters for
retailers including counseling, training, litigation
and mediation. Our knowledge of the retail industry
affords us greater insight in handling employer/employee
matters, such as those involving the complexities
of the unionized workplace and employee claims
subject to collective bargaining agreements. Our
employment work includes age, race, sex, sexual
orientation and disability discrimination suits
under the FEHA, Title VII and State and Federal
False Claims Acts.
Rogers Joseph O'Donnell also has attorneys who specialize in analyzing
and litigating complex
commercial disputes.
Representative Cases and Issues:
- Successful bifurcated trial and settlement
of an unfair business practices case challenging
a client’s limitation of liability clause
in contract
- Representation of major retailer in multi-party
antitrust actions alleging price fixing and
solicitation of below cost sales
- Dismissal of retail grocery chain from case
alleging price fixing in the sale of milk
- Dismissal of an unfair business practices
case against a national retailer for alleged
sale of adulterated food product Negotiation
of retailer violations of State Alcoholic
Beverage Control Act with the Department of
Alcoholic Beverage Control
- Representation of major retail grocer in
litigation over sales of expired products
- Dismissal of a case against a retailer of
biomedical products alleging violations of
federal labeling and packaging requirements
- Negotiation with public interest group on
behalf of retailer resulting in avoidance
of disabled access suit
- Successful representation of retailer in
federal court regarding violation of ADA and
Unruh Act disabled access laws, including
cross claims against contractor for indemnity
and against insurer for attorneys fees
- Defense verdict for a large retailer after
a two-week binding arbitration on a $2 million
vendor claim for ceasing exclusive business
dealings
- Dismissal of a case against a national retail
chain claiming unfair business practices in
the sale of products under Federal Food Stamp
Act and California Recycling Act
- Advice to major retailers concerning compliance
with federal, state and local laws on their
operations nationwide in the area of licensing,
sales and shipment of products, Internet sales
and web access, packaging and labeling
- Representation of a major retailer in false
advertising and unfair business practices
class action based on the sale of a mislabeled
consumer product
- Representation before the California Supreme
Court of two major retailers challenging use
of decoys in alcoholic beverage sale compliance,
resulting in state legislation mandating guidelines
for the Department of Alcoholic Beverage Control
and law enforcement agency in the use of decoys
- Representation of Retailer Coalition challenging
conditional use permits as unconstitutional
regulation and taxation of retail alcohol
beverage licensees
- Negotiation of compliance exemption to local
ordinance banning the use and sale of non-biodegradable
packaging
- Dismissal of suits brought in numerous California
counties against retailers for sale of tobacco
products to underage decoys
- Successful settlement of unfair business
practices cases brought against numerous retailers
for alleged violation of federal regulations
requiring warning signs for food additives
- Negotiation of retailer violation of air
quality laws in the sale of consumer products
with the State Air Resources Board
- Negotiation of compliance exemptions to
local ordinances restricting the sale and
advertising of tobacco products
- Representation of major retailers and their
suppliers in a multitude of Proposition 65
cases alleging failure to warn, including:
Acrylamide (potato chips, French fries, etc.);
Balsamic Vinegar (lead); Beef Products (PCB's
and dioxins); Brass Irrigation (lead); Cables
(PVC); Calcium Supplements (lead); Crystal
(lead); Decorated Glass and Ceramic Ware (lead
and cadmium); Electric Cords (PVC); Farmed
Salmon (PCB's and dioxins); Fresh Fish (mercury);
Jewelry (lead); Lunch Boxes/Beverage Containers
(PVC); Mexican Candy (lead); String Lights
(PVC); Power Tools (crystalline silicate);
Tool Kits (PVC)
References available upon request.
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