Sample Deliverables

A sample of our recent legal assistance engagements includes the following examples that our team members have directed:

  • When a division of one of the largest department store chains in the US was sued under the Americans with Disabilities Act, we assisted Jones Day and the retailers corporate legal department by analyzing the related retail space and operational technique employed by the retailer that triggered the complaint. Our actions assisted both the internal and external legal teams to more fully understand the claim (from a practical operational perspective) and why the retail store environment was prone to the action. Our work product prompted a very favorable refinement in the defensive strategy being employed.

    We subsequently developed (and employed at store level) new store merchandising and operating procedures that addressed the need for improved accessibility while maintaining the desired look and feel of the upscale retail format. The new procedures were incorporated into the chain-wide operating expectations and were subsequently offered to the court as a major point in addressing the complaint. Further similar legal action in other operating divisions of the parent organization required further deployment of our newly developed operating techniques, additional refinement of the procedures, and training assistance to insure compliance.

  • When one of the largest distributors in the US was sued by a retail chain our team was engaged by the defendant’s legal firm to perform a detailed (forensic) operational analysis of the plaintiff firm to determine why they actually ceased operations and if they would have been a viable on-going concern absent a (claimed) material adverse change by the defendant.

    Our analysis provided a practical operational perspective that was deemed invaluable by the defense team as we were able to dissect the plaintiff firm in such a manner as to determine hidden operational challenges, unknown to the defendant prior to that point in time. We provided a convincing argument against the viability of the plaintiff firm as an on-going concern. Our role to date has included a detailed operational and financial forensic review, a detailed expert witness report, response to the plaintiffs experts, and depositions. Subsequent trial activity is forthcoming.

  • The legal team at one of America’s largest grocery chains hired our firm to assist them in analyzing their labor scheduling process, labor utilization patterns, and customer service stance in response to a lawsuit brought by multiple individual plaintiffs who were previously subject to a work-rules change. This engagement was undertaken with the defendant prior to the complaint escalating to a class-action with the expectation that the input from our group could assist in generating a strategy to dissuade the plaintiffs from electing that status.

    Our role permitted the internal legal team at the retailer, in conjunction with outside counsel, to better understand how the store labor management process should have been managed and how it was (actually) managed. As the result of our detailed analysis and strategic input, the legal team adjusted their defensive posture and became more aware of the events that occurred to trigger the complaint. Class-Action status was not achieved and the multiple complaints were addressed to the defendants satisfaction.

 

Our deep industry focused experience base permits us to delve deeply into the case challenges presented to us. We have specific knowledge of how retail and consumer products firms operate and apply this advantage to our analysis to generate a detailed real-world assessment of each situation. A few (limited subsets of actual case work presented) examples indicating the nature of our analysis follow:

The legal defense team in a labor complaint was planning to claim that the operating policy changes made (those that triggered the complaint) were justified by an improvement in their customer service offering to the public. Our team developed a unique methodology to actually measure the effectiveness of the store service offering pre & post the policy changes utilizing pre-existing metrics. Unbeknownst to the defendant’s legal team, customer service actually declined due to ineffective management and poor utilization of the labor pool. As a result, the defendant’s legal strategy was shifted dramatically. Had the plaintiff uncovered this fact, their strategy would have been substantially advanced and very difficult to counter.


The defense team in a large bankruptcy case had secured other expert witness input, however they offered only a conceptual financial picture to explain the demise of a plaintiff firm. Our group joined the defense team and we were able to uncover invaluable key operational metrics previously unknown and unexploited. We interpreted these and were able to reconstruct what actually had occurred in the operation of the firm over the previous five years. During the course of the forensic analysis, our group was called upon to school the other expert witness firm in the fine points of retail analysis.

Our findings depicted an irrefutable pattern of operational and financial decline along with the details of why. Our analysis of market pressures, negative product mix changes, seriously eroding customer shopping patterns, and numerous other key operational observations uncovered a clear trend of critical decline not acknowledged or addressed by the plaintiff management team. The findings were invaluable to the defense team and have been adopted as key points in the defense.