Retail & Consumer

Clyde & Co has the global presence and extensive sector experience to support international retailers in their existing locations and as they expand into new markets.

Local market knowledge backed by global capability

The retail sector is becoming increasingly globalised, with major organisations looking to consolidate their presence and explore opportunities in territories across the world.

These businesses need legal advice and support from a firm that combines global presence with intimate knowledge of local markets.

We provide the best legal counsel in all jurisdictions, whether that be for a new shop lease in Australia, distribution agreements in China, brand protection in Dubai, employment advice in London or dispute resolution in New York.

Key issues where we support retail clients include property purchases and leasing arrangements, commercial issues such as intellectual property rights and franchising, employment matters, regulation and corporate governance.

Each jurisdiction differs in its legal framework and business practice, so our advice is always targeted, appropriate and nuanced to suit the local circumstances.

Our Retail & Consumer Work

  • All
  • Africa
  • Asia Pacific
  • Latin America
  • Middle East
  • North America
  • UK & Europe
  • Overseas expansion for Leon

    Advising healthy fast-food chain, Leon, to facilitate a secondary sale and raise funds for overseas expansion from Spice Private Equity, part of GP Investments, after it secured an offer of £25m private equity funding. 

    United Kingdom

    Defective electrical product insurance claim

    Acting for a Hong Kong insurer on a claim involving an allegedly defective heater, including acting in relation to a claim in the USA and a recovery action in the USA and Italy.

    Italy

    East Africa Breweries

    Advising East Africa Breweries Limited in connection with a proposed debt capital raising by way of commercial paper issue.

    Kenya

    Advising a major FMCG player

    Advising a major FMCG player on its fund-raising activities in Kenya.

    Kenya

    Distribution agreements for international luxury car brand

    Advising an international luxury car brand with respect to its Kenya specific distribution agreements.

    Kenya

    Olayan Financing Company on the EGP 512 million acquisition of El Rashidi El Mizan

    Advising Olayan Financing Company on the EGP 512 million acquisition of El Rashidi El Mizan.

    Egypt

    Franchise and distribution agreements for a technology based FMCG company

    Drafting and negotiating franchise and distribution agreements for a technology based FMCG company.

    Kenya

    Recognition agreement for a global FMCG company

    Advising a global FMCG company on a recognition agreement between the client and the Kenya Union of Commercial Food and Allied Workers.

    Kenya

    Advising a global cosmetics brand

    Advising a global cosmetics brand in relation to employment related issues in its Kenyan operations.

    Kenya

    Acquisition of a food production business

    Advising on the acquisition of a food production business in Ukraine

    Ukraine
  • East Africa Breweries

    Advising East Africa Breweries Limited in connection with a proposed debt capital raising by way of commercial paper issue.

    Kenya

    Advising a major FMCG player

    Advising a major FMCG player on its fund-raising activities in Kenya.

    Kenya

    Distribution agreements for international luxury car brand

    Advising an international luxury car brand with respect to its Kenya specific distribution agreements.

    Kenya

    Franchise and distribution agreements for a technology based FMCG company

    Drafting and negotiating franchise and distribution agreements for a technology based FMCG company.

    Kenya

    Recognition agreement for a global FMCG company

    Advising a global FMCG company on a recognition agreement between the client and the Kenya Union of Commercial Food and Allied Workers.

    Kenya

    Advising a global cosmetics brand

    Advising a global cosmetics brand in relation to employment related issues in its Kenyan operations.

    Kenya

    Multinational food and beverage company sale of goods dispute

    Obtaining and enforcing a summary judgment for a multinational food and beverages company regarding a sale of goods dispute brought against a French company in Algeria and elsewhere

    Algeria

    Manufacturer and distributer parallel importation issues in Tanzania

    Advising a global beverage manufacturer and distributer on parallel importation issues relating to the distribution and sale of their goods in Tanzania

    Tanzania
  • Distribution centres and corporate headquarters for national retailer

    Advising a national retailer regarding the USD 1.2 billion rollout of distribution centres throughout Australia and the construction of its national corporate headquarters in Sydney

    Australia

    Retail store expansion by international fashion brands

    Advising International fashion brands on their expansion of retail stores in the Australian market

    Australia

    Domestic retail construction projects in Australia

    Acting for Australia's largest publicly listed retailer on its full range of domestic construction projects

    Australia

    Leasing an Italian fashion house's flagship store

    Advising a luxury Italian fashion house on the leasing of flagship stores in Shanghai, Beijing, Macau and Hong Kong

    China

    Establishing operations and physical presence in China

    Advising a well known European fashion company on establishing operations in China, including all property aspects of its expansion in Shanghai involving retail space and leases

    China

    Expansion into China by a major US retailer

    Advising a major US retailer on their store leases for their expansion in Shanghai

    China

    Sale of product contracts via media channels

    Advising Best Buy on commercial contracts relating to the sale of products on provincial Chinese television programmes

    China

    RMB 82 million payment dispute

    Acting for a global Italian fashion brand in a contractual dispute concerning the recovery of payments from its agents of approximately RMB 82 million

    China

    Luxury fashion house property leasing advice in China

    Advising a luxury Italian fashion house on the leasing of stores across China

    China

    Product liability CIETAC arbitration

    Advising a UK importer and distributor of Chinese goods in a CIETAC arbitration in Shanghai in relation to a product liability claim against a Chinese manufacturer and exporter

    China
  • International retailer market entry into Brazil

    Advising an international retailer on proposed entry into the Brazilian market

    Brazil
  • Olayan Financing Company on the EGP 512 million acquisition of El Rashidi El Mizan

    Advising Olayan Financing Company on the EGP 512 million acquisition of El Rashidi El Mizan.

    Egypt

    Islamic financing of a property portfolio

    Acting as lead lawyer for a major Saudi retailer on the islamic financing (Ijara) for its portfolio of properties across Saudi Arabia

    Saudi Arabia

    Prestigious shopping mall in Dub

    A major UAE based contractor in a DIAC arbitration arising out of the fit-out of a prestigious shopping mall in Dubai

    United Arab Emirates

    International rights enforcement for UAE based retailers

    Advising various UAE based retailers on enforcing their rights internationally, including running regional anti-counterfeiting and anti-piracy programmes for a number of high profile clients

    United Arab Emirates

    Regulatory implications of sale of assets for USD 975 million

    Advising Motorola Solutions, Inc on the regulatory implications across the MENA region relating to the sale of its worldwide network assets to Nokia Siemens Networks (NSN) for USD 975 million

    United Arab Emirates

    Regional restructuring of a retail trading group

    Advising on the restructuring of a group of retail trading companies operating in several countries in the MENA region, including advising on a substantial private equity investment in the reorganized group (valuing the group over AED 800 million) and a proposed initial public offering

    United Arab Emirates

    Trade mark enforcement court proceedings

    Acting for US brand owners in the aerospace, clothing and FMCG sectors on trade mark enforcement issues in the United Arab Emirates, including lodgement of criminal complaints with police and court proceedings for regarding infringement of registered trade marks

    United Arab Emirates

    Manufacturing agreement status change and dispute

    Advising a multinational equipment manufacturer on the de-registration of an agency agreement with an Abu Dhabi based company and the settlement of a substantial claim for damages by the commercial agent

    United Arab Emirates

    Payment processing arrangements

    Advising a major UAE-based retailer on payment processing arrangements

    United Arab Emirates

    Registering and maintaining trade marks for consumer goods clients

    Managing the registration and maintenance of trade marks and patents for a range of local and international consumer goods clients in the Middle East

    United Arab Emirates
  • Coverage assistance and food recall management

    Providing coverage assistance and management of food product recalls in Canada

    Canada

    Retail sales, marketing compliance and regulation laws

    Providing US retail clients with regulatory guidance on national marketing and promotional programs in compliance with the Federal Trade Commission regulations and state and local advertising laws

    United States

    Licensing, labelling and internet sales

    Advising national retail clients on licensing, labelling and internet sales of their goods throughout the USA

    United States

    Civil and criminal proceedings for a supply chain dispute

    Advising a major US retail outlet on quality disputes with several Chinese suppliers involving both civil and criminal proceedings

    United States

    International franchising and IP licensing

    Providing multi-jurisdictional advice for a range of major US-based international franchisors and the associated licensing of intellectual property assets

    United States

    Manufacturing product liability action

    Representing a manufacturer of industrial products in product liability actions in the USA relating to materials used for fire alarms

    United States
  • Overseas expansion for Leon

    Advising healthy fast-food chain, Leon, to facilitate a secondary sale and raise funds for overseas expansion from Spice Private Equity, part of GP Investments, after it secured an offer of £25m private equity funding. 

    United Kingdom

    Defective electrical product insurance claim

    Acting for a Hong Kong insurer on a claim involving an allegedly defective heater, including acting in relation to a claim in the USA and a recovery action in the USA and Italy.

    Italy

    Contaminated agricultural produce insurance dispute

    Acting for an English agricultural product liability carrier in defending a large English commercial insured that had been sued before the Irish High Court for the alleged supply of contaminated agricultural produce

    Ireland

    Toy manufacturer's moulds licensing rights conflict

    Advising a Spanish toy company on their rights as a licensee against the owner of moulds used to manufacture their toys in response to the factory owner seeking to impose a rental fee for storing the moulds

    Spain

    Employee working hours and payment structuring

    Assisting a Spanish retailer to implement staff shift rosters, overtime exemption schemes and use of part time staff to minimise the need for mandatory overtime payments

    Spain

    Breach of distribution agreement court proceedings

    Defending a well-known Swiss watch manufacturer in High Court proceedings for alleged breach of an exclusive distribution agreement

    Switzerland

    Acquisition of a food production business

    Advising on the acquisition of a food production business in Ukraine

    Ukraine

    Construction of a super-warehouse in the UK

    Advising on the development, funding and construction of a super-warehouse including the subsequent letting to an associate company of John Lewis plc at a rent of over GBP 1.5 million yearly

    United Kingdom

    Home Retail Group “toxic sofa” litigation

    Acting for insurers and insured retailer in relation to the highly publicised “toxic sofa” litigation, in which it was alleged that claimants contracted a severe skin condition following contact with furniture manufactured in China contaminated with a sensitising chemical. This matter went to trial in November 2011 and Judgment was handed down in May 2012. The claim was successful on each cause of action.

    United Kingdom

    Employer and employee investigation following a fatal collision

    Successfully representing a lorry driver (who was transporting goods on behalf of a supermarket) during an investigation by the police following a fatal collision with a pedestrian in the UK

    United Kingdom

Our Retail & Consumer team

Susie Abdel-Nabi
Susie Abdel-Nabi

Partner

Nora Al Muhamad
Nora Al Muhamad

Partner

Lee Astfalck
Lee Astfalck

Partner

Mohamed Barakat
Mohamed Barakat

Managing Partner – Cairo

Corneli Basson
Corneli Basson

Partner

Alison Beanum
Alison Beanum

Partner

Richard Berkahn
Richard Berkahn

Partner

Ian Birdsey
Ian Birdsey

Partner

Nicole Britton
Nicole Britton

Partner

Alec Christie
Alec Christie

Partner

Andrew Constable
Andrew Constable

Partner

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