Among our retailing clients are some of the largest and most successful companies in their specific market niches. In maintaining these long-term client relationships Cox Smith has provided a full range of sophisticated business services:

Computers: For nearly two decades after helping two San Antonio entrepreneurs found their computer retailing business, we handled all their legal work, helped the company grow into the largest IBM computer retailer in the world, and eventually facilitated its sale to private equity investors.

Food: We handled the tax aspects of helping a major Texas-based operator of supermarkets become one of the largest employee stock ownership plan employers in the country, and continue to advise on adapting this ownership structure as the company grows.

Jewelry: Our fully integrated jewelry manufacturing and retailing client operates more than 50 Southwestern and Southern retail stores from Arizona and Colorado to Georgia. We advise them on intellectual property protection, real estate and leasing matters, employment law, and contracts and other general business concerns.

Optical: Since its founding as a startup, our lawyers have advised a nationwide optical retailer on the governance and strategic issues involved in operating or managing an organization that has grown to over 600 optical retail stores in 36 states and the District of Columbia. We provide guidance on all applicable state regulatory requirements, and assist with real estate, intellectual property, human resources and other corporate needs.

Client Focus

• Automotive dealers
• Computer retailing
• Convenience and food stores
• Large regional jewelry retailer and producer
• Nationwide optical retailer
• Shopping center developers

Employment Law Services
Many of our retailing clients have multi-state operations, and we advise them on employment law issues nationwide – particularly those relating to high employee turnover. We defend them in court and before federal and state employment law administrative agencies against allegations of discrimination, sexual harassment, unfair hiring and termination practices, and many other employment law tort claims. Our lawyers also help retailing clients develop and implement a sound strategy for administering personnel relationships in a way that identifies potential problems before they become disputes and lawsuits. We offer review and revision of existing policies and procedures, creation or revision of employee handbooks, and guidance to help managers effectively implement good human resources practices.

For auto dealer clients in particular, we advise on the complex provisions of the Fair Labor Standards Act (FLSA) and Texas state law regarding employee overtime exemptions for sales, office support and automotive service personnel. We also help auto dealer clients, and other retailers when necessary, maintain a workplace free of third-party involvement through effective labor relations counsel that helps maintain a competitive workplace while minimizing conflict and maximizing management flexibility.

Intellectual Property Services
The Internet is central to many retailing and advertising messages and strategies, and we have a firm grasp on evolving Internet and e-commerce law. This includes the practical aspects of advertising arrangements and email distribution policies, as well as legal considerations involving sponsored links, web site development and hosting agreements, and the use of copyrights and trademarks. Such counsel combines with our more traditional strengths of helping retailers secure and protect trademarks, service marks and trade dress, and resolve in-store IP-related issues in marketing, advertising and displays.

Litigation Services
We work with retailing clients to achieve fulfillment of agreements and contracts with suppliers and service providers. This includes protecting our clients’ interests through enforcement of rights under sales representation contracts, customer service agreements, employment and confidentiality agreements, and warranties.

Real Estate Services
Leasing: With a practice that is based on our representation of a 600 store national optical retailer and a global telecommunications company in their store leases across the nation, we assist our tenant clients in developing global strategies and parameters for their expansion plans, as well as assisting them in structuring individual leases for all types of properties from free standing pads to power centers, malls and mixed-use projects. For shopping center landlords, we create and implement leasing strategies that reflect the developer’s vision for the center so that the center continues to be an attractive, viable, and profitable venture over time.

Read more about our Retail Leasing practice.

Owned Facilities:  For company-owned locations, we have significant experience in all aspects of site acquisition and development, including the intricacies involved in navigating the entitlement process. We have worked extensively on economic incentive packages, including the negotiation of packages for users seeking to locate in a given area and for store upgrades in municipalities where aesthetics represent a significant concern.

Bankruptcy
In the current environment there are peaks and valleys for retailers. Cox Smith has the experience to assist retailers who wish to expand their base by buying assets out of bankruptcy. Cox Smith is also prepared to represent retailers who find that they must reorganize or sell within the confines of a bankruptcy case.