Retail & Hospitality

Rumberger, Kirk & Caldwell's work in the retail and hospitality sectors encompasses a wide range of litigation, transactional and regulatory services. RKC has developed vast experience serving as regional and coordinating counsel for a big box retailer in addition to serving as Florida counsel for numerous retailers. RKC's counseling under the retail law umbrella ranges from advising clients on legal initiatives, risk assessment and avoidance, ADR solutions and litigating all manner of cases. Our team of attorneys provide ongoing counsel and representation in areas critical to the retail sector such as: 
  • Commercial agreements
  • Construction
  • Consumer warranties
  • FTC/Florida "Little FTC Act"
  • Antitrust
  • Food borne illnesses
  • Gift certificates and prepaid cards
  • Intellectual property protection
  • Labor and employment
  • Litigation management
  • Premises liability
  • Privacy and data protection
  • Product liability
  • State and federal laws
  • Toxic torts and pesticides
  • Wage and hour matters 
RKC's litigators are mindful of the financial burden that lawsuits place on its retail clients. These suits may disrupt the retailers' business operations and consume employees' time. With this understanding, Our approach to defending these types of suits also keeps costs at the forefront. If possible, and beneficial for the client, RKC will attempt early resolution of lawsuits before significant fees and costs are incurred. Our cost conscious defense approach has resulted not only in favorable case resolutions, but lower defense costs and disruption to business operations.
 
In an effort to lower litigation costs for its clients, we have developed presuit mediation protocols. The purpose of these protocols is to identify cases which may be resolved prior to the filing of a lawsuit.  We will work with its clients during the presuit phase to identify eligible claims, conduct investigation and interview witnesses, and participate in presuit mediations. Early involvement of RKC attorneys has served to help clients evaluate cases with more information than they may typically have during the presuit phase.   With this approach, we have been able to save our clients significant litigation costs. 
 
At the core, RKC's attorneys are first and foremost trial attorneys. We provide proactive and aggressive representation for their clients. Our attorneys will work actively to move cases towards a resolution, or if necessary trial. We work diligently to send opposing counsel the message early on in the litigation that they are willing, ready, and able to take the case to trial when necessary. 

Hotels, Resorts & Timeshares

Commercial cases often require an understanding of how resorts and timeshares operate from a business perspective. We have defended a complex series of disputes relating to the division of assets when a timeshare business split into multiple entities. The claims included alleged interference with business relations, breach of contract, and complex tax litigation. We also defended a claim relating to alleged losses resulting from a franchisor removing its franchise flag from a resort.

RKC has defended a number of flagged franchise motels against claims of personal injury, ranging from routine slip and falls to wrongful death, and claims resulting from crimes committed by unknown perpetrators against guests. The latter claims often involve allegations of inadequate security. To defend these claims, our attorneys investigate the scene, speak with hotel or motel employees and law enforcement officers, and work with experts in the security field.

Restaurants

RKC provides a full array of litigation services for the restaurant industry. Our clients have ranged from the nation's leading fast food and sit-down restaurants to family-owned restaurants. We defend restaurant clients against slip and fall claims, chair and stool fall claims, claims of foreign objects in food, food poisoning, and employment discrimination. Our commercial litigators have experience in franchise termination lawsuits and in other commercial disputes between franchisors and franchisees.   Our attorneys can also provide counsel to restaurant owners for minimizing the possibility of, and handling discrimination lawsuits, Fair Labor Standard Act litigation, and sexual harassment claims.  

Theme Parks

RKC represents amusement and theme parks, carnivals, and other places of entertainment in all types of litigation including: claims for injuries on rides and attractions, premises liability cases, claims regarding the negligent service of alcohol, allegations of wrongdoing by security personnel, animal attacks, commercial litigation and compliance with administrative rules regarding theme parks, employee workplace injuries, and discrimination claims. We have defended major theme parks, zoos, sports, parimutuel, and other entertainment venues, go-cart tracks, roller rinks, and many other types of family recreational centers

 

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