Willkie has a broad range of experience in the retail industry. We represent general and specialty merchandisers, including apparel, accessory and other retail companies in an array of corporate transactions. We also advise investment bankers and investors in the financing of such companies and in advising on mergers and acquisitions among participants in the retail industry.
The firm has structured, negotiated and consummated acquisitions of public and private companies in the retail industry, as well as structuring and negotiating joint ventures, license agreements and other strategic ventures. We have also been actively involved in a variety of financing mechanisms for retail companies, including traditional public debt and equity offerings, Rule 144A transactions, and private placements. The firm's representation of retail clients has also involved restructuring and bankruptcies, intellectual property, employee benefits and antitrust issues, as well as litigation in a variety of contexts.
Related Practice Areas
Experience
- eBay in cross-jurisdictional regulatory matters.
- Rexel in acquisitions and antitrust issues across Europe.
- Brookfield in the chapter 11 cases of General Growth Properties, a $30 billion REIT and the second-largest mall operator in the U.S., in its capacity as an initial DIP lender and plan funder. A Brookfield-led consortium and other add-on investors invested significant equity capital in General Growth to fund a standalone recapitalization of the debtor and also received, as bid protections, very favorable and ultimately highly profitable warrants.
- Prestige beauty and personal care company Glansaol Holdings and certain of its affiliates in their chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of New York. The company simultaneously filed a motion seeking court authority to sell substantially all of its assets to AS Beauty LLC as a going concern.
- Hechinger Company, the third largest home improvement chain, in all aspects of chapter 11 litigation, including claims objections, adversary proceedings to recover preferences and to compel turnover of estate property, contested matters concerning assumption and assignment of real estate leases, as well as all other matters of estate administration.
- HLD and Filorga on the acquisition of the Lazartigue Group. The acquisition was made pursuant to a continuation plan, providing for the repayment of the group’s outstanding indebtedness and significant investment to support its turnaround, while enabling the preservation of all jobs.
- Major creditors or creditors' committee members in the chapter 11 case of The Leslie Fay Companies, the designer and manufacturer of moderately priced women’s clothing for older women.
- Petrie Retail, a women’s clothing store chain, in chapter 11 proceedings.
- A majority group of bondholders, including Anchorage and Hayfin Capital, on the third restructuring of the Vivarte group, resulting in the complete cancellation of its debt and its takeover by the bondholders.
- Wal-Mart Stores, Inc. in various bankruptcy, real estate, environmental and litigation matters.
- Woodward & Lothrop Holdings, Inc., the department store chain, in chapter 11 proceedings.
- Financing legal counsel for Platinum Equity in its acquisition of Pelican Products, a leading designer and manufacturer of high-performance protective cases and rugged gear, and temperature-controlled supply chain solutions for the healthcare industry.
- Footstar, Inc. Securities Litigation: Represented defendant accounting firm in $65 million securities class actions, shareholder derivative litigation, and bankruptcy litigation arising out of accounting issues at shoe retailer Footstar.
- Francesca’s Holdings Corp. Securities Litigation: Successfully represented Goldman, Sachs & Co. and several other underwriters in the Francesca’s Holdings Corp. Securities Litigation. The Southern District of New York dismissed all of Plaintiff’s claims brought under the Securities Act of 1933 and the Exchange Act of 1934.
- Just For Feet Securities Litigation: Represented defendant accounting firm in $1.1 billion securities class actions, Alabama state court proceedings, bankruptcy trustee litigation, and parallel SEC and Department of Justice investigations arising out of accounting issues at shoe and sportswear retailer Just For Feet
- Zavala v. Wal-Mart Stores, Inc.: Obtained decertification of a nationwide Fair Labor Standards Act putative class action and dismissal of RICO and false imprisonment claims against Wal-Mart in federal trial court, as well as an affirmance in the U.S. Court of Appeals.
- 3i Group on its sale of CHRIST Group, a leading German jewelry and watch retailer, to Morellato Group.
- Akorn in the $230 million sale of its Consumer Health Business to Prestige Consumer Healthcare.
- Ardian in its sale of hotel cosmetics manufacturer ADA International to Moonlake Capital.
- Blackstone and its portfolio company Clarion Events on Clarion’s joint venture with gfu to host leading consumer electronics and home appliances trade show IFA.
- BofA Securities as financial advisor to Knoll, Inc. in connection with Knoll’s $1.8 billion combination with Herman Miller, Inc.
- CALIDA GROUP on the acquisition of sustainable German lingerie brand erlich textil.
- CommerceHub, a portfolio company of Insight Partners, in its acquisition of ChannelAdvisor Corporation.
- Co-founder Michele Levy in the sale of clean beauty brand Costa Brazil to Amyris.
- EQT Mid Market fund in its agreement to sell Avenso GmbH, a market-leading multichannel player for affordable museum grade wall art to LUMAS Art Editions GmbH, as well as Avenso GmbH in its divestiture of WhiteWall to CEWE Stiftung & Co. KGaA.
- Evercore, as financial advisor, on $1.1 billion acquisition of CommerceHub, Inc. by GTCR and Sycamore Partners.
- Famille C, the Courtin-Clarins family holding company and owner of the Clarins brand, in its acquisition of ILIA Beauty.
- Franchise Group and W.S. Badcock LLC in W.S. Badcock’s combination with Conn’s Inc.
- Franchise Group in its acquisition of home furnishings retail chain American Freight Group, Inc., and in the consummation of its a $675 million debt financing to fund the acquisition.
- Franchise Group in its acquisition of Pet Supplies Plus for approximately $700 million.
- Galaxy Universal in its agreement to acquire Apex Global Brands.
- Garnett Station Partners in its acquisition of Woof Gang Bakery & Grooming.
- Hudson’s Bay Company, the Canadian owner of Saks Fifth Avenue and other leading department stores, in the following transactions:
- its investment in Convene and creation of a leading flex space operator.
- its $100 million sale of the Lord + Taylor brand and related intellectual property to Le Tote.
- its agreement with SIGNA Retail Holdings to combine HBC Europe with Germany’s Karstadt Warenhaus GmbH, creating Germany’s leading retailer with annual revenue in excess of €5 billion, and the sale to SIGNA of 50% of HBC’s German real estate assets to form a 50-50 real estate joint venture valued at €3.25 billion.
- HBC Shareholder Group in its $1.4 billion agreement with HBC to take the company private.
- Insight Partners in its partnership with HBC to launch Saks as a standalone ecommerce business, and its $500 million minority equity investment in Saks.
- French airport shop operator Lagardère Travel Retail in its $330 million acquisition of HBF, a leading foodservice travel retailer in North America, creating the third largest player in the North American travel retail and foodservice Industry.
- Latour Capital on the disposal of its stake in YellowKorner, a world leader in art photography accessible to all, to investment company Blue Altitude Invest (BAI).
- Marcal Paper, a portfolio company of Atlas Holdings, in its acquisition of von Drehle Corporation.
- Maxburg Beteiligungen III GmbH & Co. KG in its acquisition of all shares in LPM Bunny Management GmbH.
- NXMH BV in its acquisition of Whitebridge Pet Brands, LLC, a St. Louis-based retail company specializing in pet food and pet supplements, from Frontenac.
- PDI Technologies, a portfolio company of Insight Partners, in its acquisition of Skupos, a retail tech platform connecting independent convenience stores and consumer packaged goods brands.
- Platinum Equity in its acquisition of HC Companies, a leading North American manufacturer of horticultural containers.
- Resideo Technologies in its $593 million acquisition of First Alert.
- Southeastern Grocers, parent company of Fresco y Más, Harveys Supermarket and Winn-Dixie grocery stores, in the sale of its business lines to Aldi and Fresco Retail Group.
- Tenex Capital Management in its investment in Wolf Home Products, a provider of kitchen and bath, outdoor living and building products.
- Vaultier7 in its equity stake in Vestiaire Collective, a leading global platform for desirable pre-owned fashion.
- Waterland Private Equity in its acquisition and later disposition of shares of PREMIUM group, a leading European fashion show organizer, to Clarion Events.