Related Practices
Retail
There are few industries that are as competitive and vital as retail. Having served as trusted legal advisors for some of the region’s largest retail operators for more than 40 years, Downey Brand’s Retail Industry Group understands the competitive environment and regulatory issues facing retailers.
With a multi-disciplinary approach we provide assistance to our retail clients on a full spectrum of matters covering corporate governance, mergers and acquisitions, financing, employment issues, supplier’s contracts, intellectual property, licensing, real estate transactions, environmental and land use issues and governmental regulations. We have industry specific experience pertaining to corporate governance, retail wage-and-hour issues, disability access requirements, data security, and protection of intellectual property. Our litigation attorneys provide counsel to our retail clients in developing strategies for compliance, trade regulations, class action suits, employee relations and much more.
Downey Brand understands the many complexities retail clients confront from the products they sell, services they provide and the customers they serve. Our attorneys have the industry knowledge and experience to provide practical legal solutions, so our clients can focus on growing their business.
Selected Experience
Selected Experience
- Represented one of the largest grocery chains in the US to successfully solve a trade barrier with the state of California by helping to create a more efficient and less expensive legal approval process for internationally exporting goods.
- Represented a Fortune 500 consumer retailer against the California Attorney General’s office where client’s exposure exceeded $100 million and successfully negotiated the case in a manner met client’s goals and significantly reduced the exposure to class action and B&P Code Section 17200 lawsuits.
- Serves as lead attorney in representing one of California’s largest grocery chains in business and technology transactions, including several multimillion dollar transaction involving the redesign of the client’s IT infrastructure, websites, and customer programs.
Trade Groups
Trade Groups
- California Business Properties Association (CBPA)
- California Grocers Association (CGA)
- California League of Food Processors (CLFP)
- California Retailers Association (CRA)
- International Council of Shopping Centers (ICSC)
- The Illuminators (an association of grocery industry suppliers)
- NAIOP, San Francisco Bay Area Chapter
- National Grocers Association (NGA)
- Sacramento Metro Chamber of Commerce
- Represented one of the largest grocery chains in the US to successfully solve a trade barrier with the state of California by helping to create a more efficient and less expensive legal approval process for internationally exporting goods.
- Represented a Fortune 500 consumer retailer against the California Attorney General’s office where client’s exposure exceeded $100 million and successfully negotiated the case in a manner met client’s goals and significantly reduced the exposure to class action and B&P Code Section 17200 lawsuits.
- Serves as lead attorney in representing one of California’s largest grocery chains in business and technology transactions, including several multimillion dollar transaction involving the redesign of the client’s IT infrastructure, websites, and customer programs.
- Defended large regional retailer in three week jury trial in Sacramento County involving disability discrimination, accommodation, failure to engage in interactive process and punitive damages claims. Obtained defense verdict and award of costs.
- Represented large retail company following employee fatality. Prepared appeals, assisted with abatement efforts and negotiated favorable resolution with OSHA District Manager prior to hearing.
- Represented regional furniture retailer in consumer class action involving claims of false advertising and fraudulent business practices. Drafted comprehensive demurrer attacking the complaint. The action settled on favorable terms while the demurrer was pending.
- Litigated trade secret and breach of contract action on behalf of an internet wine merchant against two former employees, resulting in a successful settlement.
- Co-Counsel for buyer in $120 million cash merger of regional retail chain.
- Successful defense of race discrimination claim against multi-state grocer following three-week jury trial in Superior Court.
- Defended retail distribution company in national class action lawsuit through class certification proceedings.
- Worked with regional grocery chain to successfully implement a reduction in force of over 150 positions without any resulting litigation.
- Represented large grocery chain in successful appeal involving scope of state constitutional right to circulate petitions.
12 Attorneys
Jamie P. Dreher
Partner
Sacramento 916.520.5478
Matthew W. Ellis
Partner
San Francisco 415.848.4846
Sacramento 916.520.5495
Steven B. Hymas, II
Steven B. Hymas, II
Partner / Chair, Corporate, Securities and Tax Department
With over a decade of prior experience working in business and technology, Steve Hymas has a deep understanding of the legal issues clients face in relation to how their businesses work, the technical challenges they face, and how to handle those issues to best address their needs.
Sacramento 916.520.5538
Partner
Sacramento 916.520.5538
Francesca Leonelli
Francesca Leonelli
Associate
Francesca is a dual qualified attorney licensed to practice in Italy and California. Her practice focuses on cross-border and domestic commercial real estate transactions involving the acquisition, disposal, financing and development of different asset classes.
Sacramento 916.520.5458
Associate
Sacramento 916.520.5458
John C. McCarron
Partner
Sacramento 916.520.5450
John Oehmke
John Oehmke
Of Counsel
John Oehmke has been helping his clients buy and sell businesses for more than twenty years. He primarily helps them structure transactions, whether it is a merger, asset deal, or a stock deal, representing both the buyer as they add new businesses and the seller as they exit.
Sacramento 916.520.5480
Of Counsel
Sacramento 916.520.5480
Robert P. Soran
Partner
Sacramento 916.520.5364
Danielle R. Stephens
Danielle R. Stephens
Partner
Danielle Stephens is a skilled transactional attorney who assists clients with commercial real estate leasing, financing (including CMBS and SBA loans), acquisitions and sales, easements, and title matters with a focus on contractual negotiations requiring collaborative deal-making. She also advises on matters involving contaminated properties including due diligence and remediation.
Sacramento 916.520.5475
Partner
Sacramento 916.520.5475
Announcements
3 related items-
February 9, 2024Zachary A. Streiff Joins Downey Brand’s Litigation Practice
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May 21, 2020Downey Brand Welcomes James Wigginton to its Growing Corporate Group in Sacramento
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February 7, 2020Danielle Stephens Rejoins Downey Brand as a Partner
In the News
1 related items-
May 28, 2021Gaining Momentum: One homegrown company has gone public and two more are expected to this year
Sacramento Business Journal
Speaking Engagements / Events
5 related items-
June 29, 2021Steps to Take Your Risk Temperature and Manage Prop. 65 Liabilities
Specialty Food Association Prop. 65 Webinar Series -
June 7, 2021Coffee with CGA General Counsel
California Grocers Association's Independent Operators Symposium -
January 17, 2020Coffee With CGA’s General Counsel
Presenter, California Grocers Association's Independent Operators Symposium -
October 2, 2019Stay Out of the Headlines (And Out of Jail) – Preparing for Compliance Under the California Consumer Privacy Act
Joint Presentation Hosted by Downey Brand, EPIC, Five Star Bank, and Moss Adams -
November 4, 2015Dealing with Unwanted Solicitors
Presenter, California Grocers Association Webinar
Legal Alerts
10 related items-
April 21, 2020OEHHA’s Proposed “Clarifications” to Proposition 65 Clear and Reasonable Warning Regulations Actually Represent a Significant Change
Environmental Law -
February 18, 2020California Supreme Court Holds Apple Employees Must Be Compensated for Time Spent Undergoing Exit Searches
Employment Law -
July 31, 2018California Supreme Court Declines to Apply the Federal De Minimis Doctrine to Post-Shift Activities
Employment Law -
July 31, 2018Court Determines Breakfast Cereal Currently Does Not Require Prop 65 Warnings
Environmental Law -
June 18, 2018California Proposes Regulation that Proposition 65 Cancer Warnings Are Not Required for Coffee
Environmental Law -
May 23, 2018Winemakers Prevail in Arguing That Providing Current Safe Harbor Warning for Alcoholic Beverages Is Compliant with Prop 65
Environmental Law -
April 4, 2018Tentative Ruling Could Mean You Have to Give A Prop 65 Warning for Every Cup of Coffee You Sell or Give to Consumers
Environmental Law -
May 10, 2017California Supreme Court Clarifies Day of Rest Rules
Employment Law -
May 2, 2017FDA Extends Compliance Deadline For Menu Nutrition Labeling
Food and Agriculture Law -
April 5, 2016California Supreme Court Addresses Suitable Seating
Employment Law
Publications
57 related items-
March 2024A Year in Review – Prop. 65 Notices: Unleaded Gasoline Notices Emerge as a Top Trend Across the State in 2023
Proposition 65: Trends and Highlights -
November 2023Surprising Surge in Sauces Tops Prop. 65 Food Notices in Third Quarter 2023
Proposition 65: Trends and Highlights -
July 2023Prop. 65 Plaintiffs are “Fishing” for More…
Proposition 65: Trends and Highlights -
February 20232022 Prop. 65 Roundup: Over 3,100 Notices for the Usual Suspects Including Lead and Phthalates, Plus New Trends Targeting Textiles and Apparel, and Common Holiday Spices
Proposition 65: Trends and Highlights in 2022 -
November 2022Proposition 65 Quarterly Notice – Third Quarter 2022: Citizen Plaintiff Groups Continue to Pursue Seafood, Ceramics, and Personal Care Products
Proposition 65: Trends and Highlights July 2022-September 2022 -
July 2022Proposition 65 Notices of the Month – June 2022: Seafood Products Catch Renewed Interest and Ceramic Glassware Remain Key Target of Citizen Plaintiff Groups
Proposition 65: Trends and Highlights in June 2022 -
June 2022Proposition 65 Notices of the Month – May 2022: “Greatest Hits” Such as Metals in Foods and Phthalates in Plastics & Chemicals in Cannabis-Related Accessories Creating Interest for Citizen Plaintiff Groups
Proposition 65: Trends and Highlights in May 2022 -
April 2022Proposition 65 Notices of the Month – April 2022: Continued Focus of Alleged Lead in Glass Ceramic Products
Proposition 65: Trends and Highlights in April 2022 -
April 2022Proposition 65 Notices of the Month – March 2022: Paper Straws and Food Claims Galore
Proposition 65: Trends and Highlights in March 2022 -
April 12, 2022San Francisco’s Storefront Vacancy Tax is Now in Effect
Downey Brand Publication -
March 2022Proposition 65 Notices of the Month – February 2022: Cassava Flour and Chips, Hot Cocoa, Ceramics and Glassware, Boots and Shoes, and Bicycle Helmets
Proposition 65: Trends and Highlights in February 2022 -
February 2022Proposition 65 Notices of the Month – January 2022: Lead in Food Products including Dietary Supplements and Spices Remain a Popular Target for Citizen Enforcers, Along with Alleged Phthalates and BPA and Various Consumer Products
Proposition 65: Trends and Highlights in January 2022 -
January 20222021 Prop. 65 Roundup: More Than 3,000 Notices for the Usual Suspects Including Lead and Heavy Metals in Various Foods, Alleged Phthalates in Plastic Consumer Products, and Newer Trends Targeting Peppermint Extract, CBD Oil, and Sunscreen
Proposition 65: Trends and Highlights in December 2021 -
November 2021Proposition 65 Notices of the Month – October 2021: Wildlife & Duck Calls, Socks, Spices, Fruits & Vegetables, and Pasta
Proposition 65: Trends and Highlights in October 2021 -
October 2021Proposition 65 Notices of the Month – September 2021: Fenugreek, Psyllium Husk Powder, Beet Powder, Stuffed Grape Leaves, Ceramics and Plastic Bags, Pouches, and Tool Grips
Proposition 65: Trends and Highlights in September 2021 -
September 2021Proposition 65 Notices of the Month – August 2021: Plastic Consumer Products and Components, Tortilla Chips, Banana Chips, Almond Butter, Canned Fruit, and Sanitizers
Proposition 65: Trends and Highlights in August 2021 -
August 25, 2021California’s Prop 65: Acrylamide Update
Guest Blogger, Specialty Food Association -
August 2021Proposition 65 Notices of the Month – July 2021: Protein Powders, Tea, Molasses, Hand Sanitizer, Sunscreen, CBD Oil, Receipt Paper, and Plastic Face Shields
Proposition 65: Trends and Highlights in July 2021 -
July 2021Proposition 65 Notices of the Month – June 2021: Peppermint Extract, Salted Plums/Saladitos, Canned Fruits, Seaweed & Seafood, Pliable Plastics, and Withdrawal of Wood Dust Notices
Proposition 65: Trends and Highlights in June 2021 -
June 2021Proposition 65 Notices of the Month – May 2021: Notice Activity Rebounds; Plaintiff Groups Target Tools that Generate Wood Dust, Makeup, Plastic Products, Sunflower Seeds, and Fruits/Vegetables
Proposition 65: Trends and Highlights in May 2021 -
May 2021Proposition 65 Notices of the Month – April 2021: Overall Declines in the Number of Food Notices for Acrylamide and Heavy Metals, and in the Number of Consumer Product Notices for Phthalates
Proposition 65: Trends and Highlights in April 2021 -
April 21, 2021Proposition 65: Legal and Technical Implications of Listing PFOA as a Carcinogen
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April 2021Proposition 65 Notices of the Month – March 2021: Plastic Consumer Products, Fruits & Vegetables, New Chemical Pulegone in Peppermint Extract, and Relief for Acrylamide Claims
Proposition 65: Trends and Highlights in March 2021 -
March 2021Proposition 65 Notices of the Month – February 2021: Fruits & Vegetables, Pretzels, Chips, Tostadas, Seafood, and More Plastic Products Targeted by Plaintiff Groups
Proposition 65: Trends and Highlights in February 2021 -
February 2021Proposition 65 Notices of the Month – January 2021: Duck Callers, Duck (To Eat), More Seafood, Fruits & Vegetables, and Plastic Products Targeted by Plaintiff Groups
Proposition 65: Trends and Highlights in January 2021 -
January 2021Proposition 65 Notices of the Month – 2020 Prop. 65 Roundup: Over 3,500 Notices Sent Alleging Warning Labels Required for Hundreds of Different Products Including Plastic Bags & Cases, Baby and Toddler Foods, Seafood, Roasted Snack Foods, Leafy Green Vegetables, and Cosmetics
Proposition 65: Trends and Highlights in December 2020 -
December 2020Proposition 65 Notices of the Month – Nov. 2020: Pretzels, Molasses, Sunflower Seeds, Shampoos, Leather Gloves & Fishing Weights – All Targeted by Citizen Plaintiff Groups
Proposition 65: Trends and Highlights in November 2020 -
November 2020Proposition 65 Notices of the Month – Oct. 2020: Lead in Food, Diethanolamine in Personal Care Products, Formaldehyde in Bed Sheet Sets, and, As Always, Acrylamide in Snack Foods, and Phthalates in Plastics
Proposition 65: Trends and Highlights in October 2020 -
October 2020Proposition 65 Notices of the Month – Sept. 2020: Hundreds of Notices Allege Acrylamide in Snack Foods and Phthalates in Plastic Bags, Other Notices Target Personal Care Products
Proposition 65: Trends and Highlights in September 2020 -
September 2020Proposition 65 Notices of the Month – August 2020: Leafy Greens, Crackers, Fishing Weights, Shaving & Bath Gel, Mascara, Plastic Cases & Purses, Dietary Supplements and Bamboo Pillowcases
Proposition 65: Trends and Highlights in August 2020 -
August 2020Proposition 65 Notices of the Month – July 2020: Notices Decline for Acrylamide in Snack Foods; Chocolate, Canned Goods, Dietary Supplements, Seaweed, and Seafood Noticed for Lead & BPA; Phthalate Notices for Plastic Bags and PVC Plastics Continue In Large Quantities
Proposition 65: Trends and Highlights in July 2020 -
July 2020Proposition 65 Notices of the Month – June 2020: Over 70 Seafood Products, Chips, Pretzels, Bread, Popcorn, Cookies, Dietary Supplements and Wheel Chair Components Attacked by Citizen Plaintiffs as COVID-19 Summer Begins
Proposition 65: Trends and Highlights in June 2020 -
June 2020Proposition 65 Notices of the Month – May 2020: Seafood, Waffles, Nut Products, Canned Goods, and Boxing Gloves Targeted by Plaintiffs in Third Month of COVID-19 Pandemic
Proposition 65: Trends and Highlights in May 2020 -
May 2020Proposition 65 Notices of the Month – April 2020: Plaintiffs Target Various Food Products Including Vinegars, Baby Food Pouches, Teething Wafers, Seaweed and Seafood Products Amidst the COVID-19 Pandemic and California Court Closures
Proposition 65: Trends and Highlights in April 2020 -
April 2020Proposition 65 Notices of the Month – March 2020: Plaintiff Groups “March On” and Send Hundreds of Notices of Violation During the COVID-19 Shelter-in-Place Orders
Proposition 65: Trends and Highlights in March 2020 -
March 2020Update: Signature Gatherers and Solicitors
California Grocer, Issue 1 -
March 2020Proposition 65 Notices of the Month – February 2020: Lead, Arsenic and Cadmium in Seaweed, Shrimp & Dietary Supplements, New Plaintiff Group Targets Baked Goods and Roasted Nut Products
Proposition 65: Trends and Highlights in February 2020 -
February 2020Proposition 65 Notices of the Month – January 2020: Arsenic, Cadmium and Lead in Seaweed & Seafood Products, Acrylamide in Toasted Corn, and Cadmium in Spinach
Proposition 65: Trends and Highlights in January 2020 -
January 20202019 A Creative Year for Proposition 65 Plaintiffs – Acrylamide in Ice Cream Cones, Cadmium and Lead in Seaweed, Furfuryl Alcohol in Hamburger Buns, and Chromium in Leather Work Gloves and Baby Powder
Proposition 65: Trends and Highlights in 2019 -
September 2019Big Changes in California Sexual Harassment Law
California Grocer, Issue 4 -
October 2017The “Wild West” of ADA Website Litigation
California Grocer, Issue 4 -
June 2017Protecting Intellectual Property Rights
California Grocer, Issue 3 -
August 2016GMO Labeling: Coming Soon To California and the Rest of the Country
California Grocer, Issue 4 -
February 2016Is Your Insurance Company Really On Your Side?
California Grocer, Issue 1 -
November 2015Urgency Legislation Helps Curb Frivolous PAGA Lawsuits
California Grocer, Issue 6 -
October 2015Mergers and Acquisitions in the Grocery World: Issues to Consider when Buying or Selling
California Grocer, Issue 5 -
September 2015Failure to Follow WIC Stocking Requirements Can Endanger Your Program Status
California Grocer, Issue 4 -
July 2015Merchants: Are You Ready for the October 2015 Credit Card Liability Shift?
California Grocer, Issue 3 -
May 2015Proposed Prop. 65 Regs Equal Less Help and More Hurt (and Litigation)
California Grocer, Issue 2 -
February 2015Understanding California’s New Paid Sick Leave Law
California Grocer, Issue 1 -
December 2014Protecting Against Security Breaches in the Retail Industry
California Grocer, Issue 6 -
April 2014Securities Law Update: Grocery Industry Companies May Now Raise Capital By Advertising
California Grocer, Issue 2 -
February 2014Employment Law Update: There Are Many New Employment Laws Going Into Effect In 2014
California Grocer, Issue 1 -
October 2013A New Twist of False Advertising Lawsuits
California Grocer, Issue 5 -
October 2012ADA News
California Grocers Association, CGAbulletin -
August 31, 2012Fresh & Easy Neighborhood Market, Inc. Prevails in Closely Watched Item Pricing Case
California Grocers Association, CGAbulletin -
September 2014The Food Safety Modernization Act: Impact on Food Importation
California Grocer, Issue 4