Overview
This practice team is comprised of a dedicated team of attorneys with experience in areas critical to retail, restaurant and franchise businesses providing a streamlined, cost-effective approach for addressing virtually any legal need that may arise. The team is skilled at taking retail and restaurant clients through every step of the process, from becoming a newly established entity, to franchising the concept and opening locations in multiple new markets.
The team regularly advises clients on issues related to the Puerto Rico Department of Consumer Affairs (known by its Spanish acronym as "DACO"), taxes, proposed legislation, advertising, contests and sweepstakes, leasing, franchising and licensing, acquisitions, financing, general corporate, construction, zoning, intellectual property, Labor & Employment, and litigation. Having an experienced attorney in each area serving as a resource, as business and legal needs grow and evolve, provides a distinct advantage to our clients.
Our Experience
Attorneys practicing in the Retail Practice Team bring extensive industry experience to our clients, including having established start-up retail/restaurant businesses; franchising or licensing these businesses; and establishing programs for rapid expansion into new markets. Throughout this process, we work closely with each client to develop efficient programs and strategies to comply with all DACO regulations; to lobby in favor or against proposed legislation; to draft amendments to proposed laws and regulations; to protect trademarks and trade secrets; to comply with tax laws and regulations; to comply with all Labor & Employment laws and regulations; and to assist with acquisitions, zoning/land use, corporate, construction and litigation matters. Because our attorneys know the retail/restaurant industry, we are in a position to react quickly, economically and effectively with practical solutions to address virtually any legal situation that may arise.
The attorneys in our Retail Practice Team understand the issues that are unique to retailing, such as retail wage-and-hour issues, American with Disabilities Act accessibility issues, labor audits, surveillance policies, domestic violence policies, immigration matters, customer complaints, administrative penalties, trademark infringement, and other matters. Such attorneys also advise and represent retailers in their defense of false imprisonment claims arising primarily out of shoplifting allegations. They also advise and represent retailers in handling claims of abuse made by disruptive customers seeking remuneration, and further provide legal assistance in products liability cases brought against retailers.
Our Retail Practice Team counts among its members skilled trial lawyers with years of experience handling discrimination, retaliation, harassment and wrongful termination lawsuits, wage and hour lawsuits, OSHA matters, and unionization issues. In addition to our extensive litigation practice, we regularly defend retailers in administrative matters before local government agencies such as DACO and the Office of Monopolistic Affairs of the Puerto Rico Justice Department.
Furthermore, experienced lawyers in our Retail Practice Team represent retailers in matters before the U.S. Internal Revenue Service, as well as before state and local taxing authorities in all tax areas, including income, property, municipal license, and state and local sales and use taxes. Our tax attorneys can also provide assistance through all stages of the business, from planning prior to establishing operations to tax audits and tax litigations.
Our Attorneys
Our Retail Practice Team is comprised of attorneys from the litigation, taxes, corporate, Environmental, Energy & Land Use, real estate, and Labor & Employment law practice groups, who focus their practice on issues related to the retail, restaurant and franchising industries. We work as a team for each client, with a specific attorney serving as lead, while others are called upon when needed, and are quickly brought up to speed on the issue at hand. Each attorney shares the common goal of providing the highest-quality legal services to clients in the most consistent, efficient, and cost-effective manner.
The members of the Retail Practice Team are Dora M. Peñagarícano (litigation), Anita Montaner (labor), Iván G. Marrero (corporate), Jorge A. Antongiorgi (labor), Liz Pérez (taxes), and Carlos Serrano (Chair of the Tax Practice Group and former Assistant Secretary for Internal Revenue at the Puerto Rico Treasury Department).
Our Clients
Businesses served by our Retail Practice Team include Aeropostale, Aldo Shoes, AnnTaylor, AutoZone, Avis, Avon, BCBG, Best Buy, Bose, Borders, CPI, Euromoda, Gap, Inc. (Gap, Banana Republic & Old Navy), GNC, Gymboree, Hot Topic, Iacon (Sunglass Designs), Instant Print, International Restaurant, Inc. (Chili's and Romano's Macaroni Grill), JCPenney, Jeans World, Kmart, Little Switzerland, Luxottica, Macy's, Magritte, Inc. (Ponte Fresco, Magritte, Passion, and Que Pasta), NBTY, Inc. (Vitamin World), Office Max, Payless ShoeSource, Rave, Rent-A-Center, Retail Brand Alliance (Adrienne Vittadini, Brooks Brothers, Casual Corner, Carolee, and Petite Sophisticate), Sears, Sherwin Williams, South American Restaurants (Church's, Pollo Tropical, and Krispy Kreme), Sterling Jewelers, Toys R Us, Wesco Distribution, Wet Seal, WH Smith, and Williams-Sonoma, Inc. (Pottery Barn and West Elm).
