Retail Litigation

AGG’s multi-disciplinary Retail industry team boasts a stable of litigators with expertise to assist in resolving any dispute that arises in the retail context.

Overview

AGG represents owners, developers, landlords, tenants, franchisors, managers, brokers, builders, and contractors whenever disputes arise. Our litigation team’s understanding of the retail industry is unmatched, as is the support they have from the firm’s Retail Real Estate, Corporate, Construction, Bankruptcy, and other practice groups that service the retail industry.

Even before disputes arise, our litigators work closely with our transactional attorneys to prevent problems before they balloon into costly litigation, often consulting at the contract drafting stage and helping foresee issues before they materialize. When an amicable resolution is not possible, we serve as an aggressive advocate for our clients and have a proven track record of success in the courtroom.

Some of our most frequent matters include:

Leasing disputes.  Sometimes landlords and tenants disagree on the interpretation of leasing and related contracts.  AGG litigators have successfully represented owners, tenants, and property managers in leasing disputes throughout the country, often over issues such as non-payment of rent, calculation of common area maintenance and other “additional rent,” exclusives, prohibited uses, co-tenancy agreements, and any other disagreement arising out of a lease.

Our litigation team has also developed nationwide expertise in restructuring and bankruptcy matters arising from early termination of leases, sometimes involving many locations throughout the country and requiring complex negotiation and litigation over mitigation of damages and lease termination fees.  AGG helps owners navigate the commercial real estate dispossessory process when tenants default and tenants who need to close unprofitable locations within their portfolio prior to the end of a lease term.

Franchise matters.  Our team assists franchisors when challenging issues arise with their franchisees or other third parties involved in the franchised system. These matters may involve franchisee compliance issues and defaults of franchise agreements, violations of non-compete agreements or restrictive covenants, fraud and disclosure matters, and licensing disputes. We have a successful track record of franchise dispute victories, many in emergency injunction matters that often arise in the franchise context.

Construction disputes. Increased construction leads to a greater likelihood of disputes arising between owners, general contractors, and subcontractors. We are well-versed in construction contract disputes involving fees, liens, warranties and/or indemnities, and matters alleging construction negligence. We understand the important nuances of AIA, HUD, and other construction contracts.

Neighbor problems.  Growth and development often leads to issues with new neighbors.  AGG litigators represent commercial property owners and tenants dealing with nuisances, such as a new commercial, industrial, or residential neighbor that is infringing on the use and enjoyment of the owner’s property. We counsel commercial property owners and tenants dealing with these issues. We frequently help solve conflicts over easements, rights-of-way, and property lines. Sometimes, these disputes arise out of environmental issues, and AGG’s Retail industry team has deep expertise in all the applicable federal regulations and state law claims.

Ownership disputes.  We help retail business owners who are involved in conflicts over the nature of their agreements and division of labor and profits.  We assist on “business divorce” matters when principals need to divide assets and move on.  Our team advocates for owners in these matters and works with sophisticated business valuation experts.

Our deep bench of litigators has experience in several other areas that are common in the retail industry, including employment matters, immigration issues, and intellectual property disputes. In all matters, we have a well-established track record of working efficiently and successfully to resolve disputes, whether by mediation, arbitration, or litigation.

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