Retail and Hospitality

We offer strong defense, comprehensive counsel, and long-term strategic guidance to all types of retail, hospitality, and commercial development businesses. With the knowledge and resources to handle complex litigation and arbitration and provide sound risk-avoidance counsel, we also offer our clients all the benefits of a relationship with a firm that values teamwork and professionalism. Partnering with Goldberg Segalla means peace of mind that lasts — through your present legal concerns and well into the future, when our attorneys will continue to keep you up to date about emerging issues and best practices to help you recognize and manage risk, and focus on growing your business.

Because of the power of that promise, our firm has established long-term relationships with numerous high-profile clients in the commercial development, shopping center, and retail industries. We represent several Fortune 100 companies, some of the world's largest private and publicly traded owners and developers of shopping centers, national and international retailers, hotels and resorts, restaurants, convenience store chains, office and industrial parks, managers of commercial properties, and major North American fitness center brands.

Protecting Your Business

As leaders in their fields, some commanding scores of properties and hundreds or thousands of employees, our clients are too often the targets of frivolous and opportunistic litigation and exaggerated claims. Spanning diverse industries, our clients also face many different types of litigation and other legal concerns that require knowledge of state, federal, and international laws and regulations; fluency with scientific or technical vocabulary; and a command of emerging trends at the intersections of trade, law, and technology.

In litigation, arbitration, mediation, and trials and appeals, we protect retailers and hospitality providers in disputes involving:

  • Premises liability and other tort claims (including liability for violent crimes)
  • Dram shop and liquor liability claims
  • Construction site worker injury and New York “Scaffold Law” claims
  • Product liability, product recalls, and related issues
  • Workers' compensation
  • Asbestos and toxic tort claims
  • Construction defects
  • Business and contractual matters
  • Allegations of discrimination, retaliation, improper termination, and other employment claims
  • Landlord-tenant issues and evictions
  • Intellectual property
  • False advertising claims
Managing Risk

The representation we offer begins with developing a thorough understanding of our clients’ unique business models, needs, and concerns, and we strive to provide innovative solutions to avoid disputes and manage risk. We assist in creating and implementing policies and procedures that minimize exposure and improve the safety of customers and employees. We offer preventive counsel on matters including:

  • All types of risk management
  • Indemnification and insurance
  • Landlord-tenant relations
  • Zoning and land-use permitting
  • Cyber risks and emerging technologies
  • Advertising and social media
  • Occupational Safety and Health Act (OSHA) issues
  • Customs and international trade
  • Employment and labor (including drafting and reviewing personnel manuals and managing reductions in force)
  • Intellectual property (including copyright and trademark registration)
  • Consumer Product Safety Commission compliance
Meeting Your Business Goals

We offer our clients a business-focused partnership — not just ad hoc and isolated legal solutions. Along with legal defense and preventive counsel, we provide transactional services and representation to help our clients meet their short-term and long-term goals and plan for sustainable growth and prosperity.

  • Acquisitions and mergers
  • Drafting and reviewing contracts
  • Lease and construction contract preparation and drafting
  • Partnership or corporation formation and dissolution
  • Marketing, including social media use
  • Licensing and intellectual property matters
Representative Matters
  • Summary judgment in favor of an international pizza brand facing allegations of wrongful termination, retaliation, and discrimination under the New York State and New York City Human Rights Laws
  • Dismissal of several claims under the Americans with Disabilities Act from serial plaintiffs against national retail establishments
  • Defending a premier outdoors retailer against a six-figure claim from a plaintiff who suffered severe burn injuries from a defective fuel gel product made by a bankrupt manufacturer, settling for a nominal sum
  • Defending supermarket chains in premises liability claims obtaining defense awards, nominal settlements, successful third-party tenders, and favorable mediation outcomes and binding arbitration award
  • Obtaining a defense verdict in favor of a retail store owner at arbitration in a trip-and-fall case and, upon plaintiff's appeal de novo, effectively cross-examining the plaintiff's expert medical witness, resulting in a nominal and cost-effective settlement
  • Obtaining dismissal of a series of three individual race discrimination cases filed against a nightclub
  • Obtaining a “no cause” determination with respect to claims of age, race, and national origin discrimination brought by a former employee against a country club
  • Defending a national retail sporting goods chain in a multimillion-dollar product liability trial involving an all-terrain vehicle/utility task vehicle rollover
  • Representing a developer that had entered into a contract with a town for the exchange of properties in anticipation of a development project; achieving reversal of the denial of a petition under Article 78 to annul a town board resolution rescinding the town’s contract with the developer
  • Serving as lead defense counsel in Western New York for a management company facing over 100 lawsuits involving ADA accessibility claims against shopping plazas, malls, and sporting arenas; coordinating with defense counsel across the country in to develop practices that will help prevent these suits from continuing to burden retail businesses
  • Representing an iconic hotel brand in a franchise dispute stemming from the termination of a franchise agreement after a franchisee failed to make required payments
Leaders in Retail Law

Our accomplished litigators and experienced counselors are thought-leaders known as much for their courtroom achievements as for the passion and keen curiosity they bring to their clients’ industries and specialties.

Our attorneys regularly write and speak on the legal issues our clients face, publishing in outlets like Shopping Centers Today, USLAW Magazine, and DRI’s In-House Defense Quarterly, and presenting before conferences of industry leaders. Our team authored several state chapters in the USLAW Network’s Retail Compendium of Law. We also provide clients with timely alerts about important developments in statutes, regulations, and case law.

In addition, many of our attorneys hold retail-, hospitality-, and development-related board positions with prominent national and regional industry associations, including:

  • National Retail and Restaurant Defense Association
  • Claims and Litigation Management Alliance: Retail, Restaurant, and Hospitality Community
  • Defense Research Institute
  • Associated Builders and Contractors
  • Associated General Contractors
  • USLAW NETWORK, INC., Retail and Hospitality Law Practice Group