Retail & Consumer Services

Foley attorneys focusing on the retail industry provide comprehensive solutions to meet the diverse regulatory and consumer protection needs of this industry.
We have assembled a team of attorneys to provide comprehensive legal and business solutions to support retail businesses at every level — from business structure and processes to marketing, distribution, and operations. We understand the challenges you face in today’s retail market — whether they stem from current economic challenges, a new global emphasis on emerging technologies, issues surrounding electronic commerce, or constantly changing social networks — and we have the experience to meet your needs from every perspective.

Representative Matters

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Represented Hall Equities Group (HEG) in connection with the acquisition of 29 hotels and the corporate assets of ZMC Hotels, which employs more than 1,000 people. The aggregate purchase price was approximately $225,226,000. ZMC Hotels owns and operates both private label boutique hotels, as well as those licensed by many prominent brands, including Hilton, Marriott, IHG, Wyndham, and others. Hotels are disbursed across the country from Duluth, Minnesota, to Phoenix, Arizona, to Sebring, Florida, and many locations in between. Five hotels are clustered in Scottsdale, Arizona. All of the hotels, along with other select quality properties, were master leased to and are being managed by Zenith Asset Company, an affiliate of HEG. Equity financing for the transaction was derived from a variety of sources, including the sale of three quality properties by the Hall Equities Group sponsored investment groups, cash on hand, and the refinancing of two multi-family apartment buildings. As part of the equity raise, one of HEG's investment groups sold a shopping center to Excel Trust, Inc. This shopping center was originally developed by HEG and owned since 2000. The aggregate purchase price was approximately $131,000,000. This super-regional center is known as Monte Vista Crossings and is located in Turlock, California. Monte Vista Crossings is one of the largest open-air regional shopping centers in the western United States, and is home to national retailers such as Home Depot, Target, Kohl’s, Lowe’s, Safeway, Dick’s Sporting Goods, Ross Dress for Less, Bed Bath & Beyond, T.J. Maxx, Old Navy, Office Max, Petco, In-Shape Fitness, Gap, Pier One Imports, and more than fifty additional well known shops and restaurants. The seller retained HEG to handle the ongoing leasing and construction of the next phase of Monte Vista Crossings. Another HEG sponsored investment group sold a luxury apartment project in downtown Walnut Creek, California. This six-story, 100-unit Class “A” building of concrete construction is known as The Arroyo. The project was sold to a major US-based Life Insurance Company, which has retained HEG as both the General Contractor to complete construction of the project, and as the Property Manager for the project going forward. An additional HEG sponsored investment group sold the 41,000 square foot 2890 North Main Street office building in Walnut Creek. Proceeds from all three sales were used by the investor groups to generate equity capital for the hotel portfolio acquisition. The balance of the proceeds were derived from an acquisition loan from Bank of America.
Represented REIT client in connection with the acquisition of a 1.1 million sq. ft. retail shopping center located in Turlock, California, known as Monte Vista Crossings, for a purchase price of $129 million.
Represented REIT client in connection with the sale of the commercial retail shopping center located in La Plata, Maryland, consisting of approximately 115,972 sq. ft. of leasable commercial retail space, together with approximately 20.6 acres of land, for a total purchase price of $25,000,000.

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