Advertising Material

Advertising Material


Retail

Contact a Retail Attorney

Overview

The retail industry experiences constant change and competition. Stoll Keenon Ogden is a law firm that understands the need to respond quickly to these elements while also planning for the future. SKO helps retail clients handle matters on an assortment of issues from business transactions and mergers, to settling disputes and developing real estate.

Below are the service areas Stoll Keenon Ogden most frequently provides to retail clients:

  • Mergers and acquisitions
  • Human resources
  • Labor and employment
  • Compensation and benefit design
  • Real estate acquisition and development
  • Zoning and land-use
  • Corporate and securities
  • Intellectual property
  • Commercial leasing
  • Tax
  • Financial restructuring and workouts
  • Commercial litigation

SKO provides legal services to clients that include the following:

  • Specialty apparel retailers
  • Luxury apparel retailers
  • Department store retailers
  • Big box/Large format stores
  • Off-price chain stores
  • Retail pharmaceutical stores
  • Outlet centers
  • Gourmet groceries
  • Restaurants

Work Highlights

Commercial Real Estate Lending

Represented bank in the documentation and negotiation of a $4.5 million secured credit facility used by a real estate holding company to acquire a shopping center in Washington County, Indiana.  Our representation included the negotiation of estoppel certificates and subordination and non-disturbance agreements on behalf of the bank with multiple national retailers.

Commercial Real Estate and Acquisition Lending

Represented bank in financing the acquisition and improvement of three real estate properties located in Southern Indiana by related obligor groups. The closings were documented, negotiated and closed simultaneously in careful coordination with multiple sellers and their respective counsel, existing lessees and real estate brokers.  

Building Dispute/Injunctive Relief

Home Depot, U.S.A., Inc. v. Saul Subsidiary I Limited Partnership, Ky. App., 159 S.W.3d 339 (2005)

Represented owner of Lexington Mall and obtained injunction requiring Home Depot to remove its store and restore the Mall structure because Home Depot violated restrictive covenants; case settled.

Injunctive Relief, State Insurance Regulation

Obtained injunctive relief for major retailer of vision care products against major insurer of vision care for violation of state “any willing provider” law.  Dr. Mark Lynn & Assocs., PLLC v. Vision Service Plan Ins. Co., 2005 U.S. Dist. LEXIS 24820 (U.S.D.C. W.D. Ky. 2005).

Antitrust, Constitutionality of State Law

Brought action on behalf of major grocery chain claiming Sherman Act and Kentucky Constitution violations by state agency.  Result invalidated state statutes regulating milk marketing.  Kentucky Milk Marketing & Antimonopoly Com. v. Kroger Co., 691 S.W. 2d 893 (1985).

Family Business Succession Planning- Sale to Grantor Trusts- Charitable Planning

Represented multi-generation family in planning for their family and estates after the sale of the family business, including preparing and/or implementing Delaware Trusts, a charitable lead annuity trust, limited liability companies, sale to dynasty trusts and valuation discounts as well as assisting in the administration of the estates of several family members after their unexpected deaths.

Related Practices: Business Services

Industrial Development Bonds

Served as bond counsel for a $54,000,000 taxable industrial development bond issue to finance a processing and distribution facility for a nation-wide retailer.

Served as bond counsel for a $60,000,000 taxable industrial development bond issue to finance improvements to a bourbon distillery and related storage and manufacturing facilities.

Served as bond counsel for a $28,000,000 taxable industrial development bond issue to finance improvements to a manufacturing facility for a nation-wide construction materials manufacturer.

Related Practices: Business Services, Public Finance

Franchise Dispute, Lanham Act Violations & Personal Guarantees

This complex franchise dispute included claims that certain franchisees were in violation of their franchise agreements based on the management structure of the franchisees. The franchisor sought to terminate the franchises and recover monetary damages from the franchisees and personal guarantors. SKO successfully argued against the lawsuit taking place in the franchisor's home state. All claims, including claims against both the franchisee and the personal guarantors, were transferred to the home state of the franchisee and guarantors.

Claims Against Cemetery for Improper Practices

SKO represents a putative class of individuals with relatives buried in a cemetery, asserting claims against numerous former and current owners of the cemetery for improper burial practices. The case is currently pending in the U.S. District Court for the Southern District of Indiana.
Related Practices: Class Action, Business Litigation

Purchase of Bankrupt Bookseller

Represented a bookseller enterprise in its acquisition of another bookseller's assets in Kentucky and Ohio in a Section 363 Bankruptcy sale.

Publications