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Crowell & Moring's creditors' rights, bankruptcy, and restructuring lawyers have substantial experience representing every type of constituency in retail insolvencies, as well as in preparing for threatened bankruptcies, protecting rights in bankruptcies, and resolving disputes after bankruptcies. Our clients have included anchor tenants, landlords, secured lenders, unsecured creditors, and shopping center owners. We have played leading roles in some of the larger cases involving businesses such as Harborplace, Dick’s Sporting Goods, Rize Holdings, LLC, Beyond the Rack Enterprises Inc., Builders Blinds LLC, Zebra A/S, Pueblo International, LLC, Kmart Corp., Ames Department Stores, and Levitz Furniture. Our experience also extends to the successful representation of purchasers and other interested parties in connection with the acquisition or disposition of assets and locations in retail cases.

Our experienced retail insolvency lawyers are part of our creditors' rights, bankruptcy, and restructuring team, which provides clients with creative and practical solutions to business problems. We deliver results in bankruptcy and pre-bankruptcy contexts, and focus our efforts on developing and implementing customized strategies to solve our clients' complex financial issues.

Crowell & Moring's bankruptcy and restructuring practice is national in scope. Our team of nearly two-dozen lawyers has served extensively as counselors and litigators for creditors, debtors, and other affected parties. Clients continuously seek our advice on the range of issues that result from doing business with troubled companies, and we have litigated matters for our clients in state and federal trial courts as well as courts of appeal. We have prosecuted and defended cases throughout the country, including Alabama, California, Colorado, Delaware, the District of Columbia, Florida, Illinois, Indiana, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, Texas, Utah, and Virginia.

Recognizing that every client relationship must be highly customized and supported by a knowledgeable team of skilled practitioners, we employ a full range of options to achieve the best and most economical results for our clients. The versatility of our team is further enhanced by the sophisticated business sense derived from our extensive experience in the retail and related industries.

Representative Engagements

  • Represented various retailers in connection with leasehold issues.
  • Represented a purchaser in connection with its acquisition of assets and locations of a mattress store chain.
  • Represented a nationwide furniture retailer in its Chapter 11 reorganization.
  • Represented various landlords and unsecured creditors in the Chapter 11 proceedings of a major national discount retailer.
  • Represented numerous affiliated companies that owned and/or controlled more than 80 Kmart locations, involving leases and ground leases).
  • Represented a trustee in petitioning a circuit court for the appointment of a receiver to take immediate possession and control of property for a major retail destination.
  • Represented food and beverage borrowers in loan transactions.
  • Represented an acquisition company in connection with amendment to a credit facility.

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ESG from a European Perspective (June 8, 2021). Authors: Judith Bussé and Blanche Devos.
Publications
AG Alliance Highlights New Trends in Organized Retail Crime (May 24, 2021). Authors: Michael Yaghi and Carissa Wilson.
Publications
"New Bills Seek to Repeal Controversial Provision of Product Safety Act," Mass Tort, Product, and Consumer Litigation Alert (April 28, 2021). Contacts: Cheryl A. Falvey, Matthew Cohen, Jessica D. Gilbert
Client Alert/Newsletter
"Website Wars: Eleventh Circuit Rules in a Split Decision That Websites are Not Public Accommodations for Purposes of the Americans With Disabilities Act," (April 20, 2021). Contacts: Thomas P. Gies, Ira M. Saxe, Eric Su, Rachel Lesser
Client Alert/Newsletter
"Made in USA Settlement for Chinese Imports," Advertising & State AG Alert (April 15, 2021). Contacts: Lauren Aronson, Holly A. Melton, Preetha Chakrabarti, Tiffany Aguiar
Client Alert/Newsletter
Harmonized Approach to Rulemaking: FTC Announces New Rulemaking Group (April 2, 2021). Authors: Christopher A. Cole and Siri Rao.
Publications
"Deep Sixed: Federal Circuit Boots Trademark Licensee for Meritless Claims Against U.S. Army," IP Insights (March 8, 2021). Contacts: Jonathan M. Baker, Anne Elise Herold Li, John E. McCarthy Jr., Nicole Owren-Wiest, Preetha Chakrabarti, Carissa Wilson
Client Alert/Newsletter
"Virginia Consumer Data Protection Act (S.B. 1392)," Privacy Law Alert (March 3, 2021). Contacts: Kate M. Growley, CIPP/G, CIPP/US, Jeffrey L. Poston, Jarno Vanto, CIPP/E, CIPP/US, Evan D. Wolff, Maida Oringher Lerner
Client Alert/Newsletter
"Appliance Manufacturers Should Prepare for Increased DOE Enforcement Activity," Energy Law Alert (January 8, 2021). Contacts: Matthew B. Welling, Charlene Sun, Cheryl A. Falvey
Client Alert/Newsletter
"New York Significantly Toughens Laws on Automatically Renewing and Continuous Contracts," Advertising & State AG Alert (January 5, 2021). Contacts: Clayton S. Friedman, Natalie O. Ludaway, Michael Yaghi, Joselle Albracht, Suzanne Trivette
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with approximately 550 lawyers representing clients in litigation and arbitration, regulatory and policy, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity, equity and inclusion. The firm has offices in Brussels, Doha, London, Los Angeles, New York, Orange County, San Francisco, Shanghai, and Washington, D.C.

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