Retail

The retail landscape is in a state of profound transformation. In an era defined by omnichannel competition, volatile supply chains, and shifting consumer loyalty, even established brands face the risk of obsolescence. Retailers today must navigate a high stakes environment where traditional business models are under constant pressure from rising operational costs and the rapid evolution of digital commerce including ongoing AI impacts.

Gartland Thacker DelCotto PLLC provides the strategic foresight necessary to navigate retail insolvency and operational restructuring. We understand that for a retailer, timing is everything—filing at the right point in the business cycle can be the difference between a successful reorganization and a total GOB liquidation. We help business owners stabilize their operations, maintain customer trust, and negotiate with key stakeholders to preserve the brand’s future.

Our team offers experience in the technical and administrative challenges unique to retail bankruptcy, store closures and wind-downs, and out of court restructuring, including:

• Lease Portfolio Optimization – We assist in the assumption, rejection, or assignment of multi-location leases, allowing retailers to shed underperforming stores and focus resources on profitable sites.  Analysis of lease rejection caps and personal guaranties is an important aspect of decision-making. 
• Asset Liquidation & GOB Sales – We work with other professionals to assist in the complexities of “Going Out of Business” (GOB) and store-closing sales, coordinating with national and regional liquidators and reviewing whether a “363 sale” will maximize the value of inventory and fixtures.
• Supply Chain & 503(b)(9) Protection – We protect the rights of retailers and their suppliers, negotiating and litigating “Critical Vendor” status and administrative claims for goods delivered in the 20 days prior to a filing.
• Omnichannel & IP Assets – We advise on the legal treatment of trademarks, e-commerce platforms, and customer loyalty programs to ensure that brand equity is preserved during a transition.  Franchise issues often are involved in working through the issues. 
• Inventory Financing & Liens – Our Firm navigates complex disputes with secured lenders to ensure the availability of inventory and working capital throughout the restructuring process.  We frequently negotiate Merchant Cash Advance resolutions. 
• Customer & Employee Programs – We provide counsel regarding the administrative hurdles of honoring gift cards, managing “first-day” motions, and addressing employee retention during periods of distress.

Gartland Thacker DelCotto’s experience in the retail sector allows us to guide clients through high-stakes transitions and protect their interests in a complex, multi-party environment. To discuss your specific needs, call us today at 855-649-8289 or email our team to schedule a consultation.