Retail clients need an experienced law firm knowledgeable in virtually all areas of the law, with the capability and skills necessary to respond quickly to the challenges and opportunities that arise in the retail business.
Black Marjieh & Sanford LLP attorneys have vast experience working in both the retail industry and the insurance industry. Our deep understanding of these businesses allows us to protect transactions, resolve disputes, navigate cyber breaches and government regulations, review leases, protect commercial tenants and landlords in litigation and understand all aspects of insurance coverage.
The BM&S Retail Practice Group services include:
- Real Estate
- Cyber Breaches
- Purchase and Sale Transactions
- Land Use, Zoning & Development
- Vendor Disputes
- Contract Disputes
- Retail Leasing
- Representing Franchisees
- Lease Restructuring
Our highly qualified and experienced trial attorneys understand the risks of taking a case to verdict and communicate these risks to the client every step of the way. BM&S attorneys have years of experience handling all types of personal injury actions, whether it stems from a work-related accident during renovations of a new store to a simple trip and fall. Our litigation practice areas reflect the diverse and successful nature of our retail clients.
NY Labor Law
Unique to New York, BM&S attorneys have vast experience handling construction-related accidents which can result in liability against a landowner or commercial tenant even if there is a triple net lease and even though these entities had no involvement or control over the construction or renovations. At BM&S, we focus on all avenues for risk transfer which often arises in this type of specialized litigation as well as any indemnity and priority of coverage issues involved.
Trips, Slips and Falls
BM&S attorneys have handled all types of lawsuits stemming from a transient condition or a trip and fall over an allegedly defective condition inside or outside a strip mall or a store/restaurant. We draft agreements that protect our retailers and aid our attorneys in litigating these types of cases as the duty and responsibility of the alleged defect is often delineated in these contracts. We begin the litigation process as early as possible to aid in the collection of evidence necessary for defense.
Foreign Objects in Food
Acknowledging that these types of cases are often a sensitive topic for our restaurant clients, BM&S attorneys are cognizant of the various protocols in preserving and testing evidence as well as the confidentiality implications of such claims.
Motor Vehicle Accidents
As many retail businesses involve the use of company vehicles or trucks, our team at BM&S is extremely familiar with New York Vehicle and Traffic Law, developing facts during discovery to ensure that the strongest possible liability defenses are established including the complicated and often misunderstood “serious injury” threshold set forth in the New York Insurance Law.
Contract Disputes
At BM&S, we also understand that many retailers will engage in numerous types of renovations and build-outs which require construction. In the construction context, the goal is to ensure that all contingencies are addressed in the contract documents and all parties have come to a meeting of the minds. However, contract disputes and other disagreements do arise during the project. In some cases these disputes occur over insurance or indemnity as the result of an accident or breakdown of business relationship due to project delays or payment disputes, resulting in costly delays that come with construction disputes and litigation. The best protection against such disputes is to ensure that the contract documents provide a clear understanding of each party’s rights and obligations, as well as the consequences of breach. We represent and counsel retail customers regarding all aspects involving vendor and contract disputes, risk management, operations issues, construction matters, insurance coverage, and risk transfer.
Retail Leasing
The BM&S retail leasing practice reflects the diversity of retailing, from small, single-store startups to international chains. We have significant experience in tort actions where liability stems from the interpretation of the controlling agreement. BM&S attorneys also help our clients acquire, sell, develop, lease and operate retail support facilities, including large distribution centers. We actively assist our clients in addressing the challenges and opportunities of lease administration, as well as property management and asset management. With our experience handling construction matters unique to New York, BM&S attorneys negotiate lease-related construction documents with an eye to identifying an ensuring that the relevant indemnity and insurance procurement provisions are included in all contracts. Our team also has extensive experience with efforts by retailers to re-configure their businesses, including closing stores and restructuring leases and negotiations with many national retail landlords.
Representing Franchisees
BM&S attorneys can assist franchisees with partnership agreements, Letters of Intent and lease preparation/negotiation. We understand that a franchisee’s lease should not only satisfy lease-related requirements and objectives of the franchisor, but diligently negotiate such that the franchisee achieves its own strategic objectives.
Purchase and Sale Transactions
Our attorneys handle a wide range of purchase and sale transactions, varying in magnitude from single parcel transactions to multi-parcel developments.
Land Use, Zoning & Development
Clients often times have proposals for new business that require not only operational development, but land or retail space as well. We are familiar with the various federal, state, county and local regulatory schemes necessary to develop property. We work closely with various consultants including architects and engineers in their proposals and submissions to the local authorities, including planning and zoning boards. Additionally, our attorneys attend pre-application meetings with Building and Planning Departments as well as City and Village attorneys to oversee the design/application process and advocate for their clients’ rights. We also have experience in working with local Industrial Development Agencies (IDAs) in obtaining small business abatements in connection with sales tax imposed on construction equipment as well as mortgage recording taxes.
