Consumer

/Overview

Consumer-facing industries must stay agile against a backdrop of consumer demands and expanding regulatory enforcement. While businesses are investing in data-driven personalization using AI and advanced analytics to tailor product recommendations, they must also navigate overlapping and sometimes inconsistent marketing regulations across jurisdictions.

Our attorneys represent a range of businesses, from established brands and emerging startups to retail giants and digital innovators. With an interdisciplinary approach, we help clients resolve their most pressing legal and business challenges, including:

• Protecting intellectual property
• Navigating complex regulatory environments
• Safeguarding consumer privacy
• Driving growth through strategic transactions

We understand the evolving consumer landscape, including developments in digital commerce, sustainability, and shifting consumer behaviors. Whether advising on brand protection, product innovation, or compliance in global markets, we deliver practical, forward-thinking solutions to help clients maintain their competitive edge and achieve lasting success.

/Our Focus

• Consumer Products: From product development to market launch, we provide end-to-end legal support to consumer goods manufacturers and distributors, advising on regulatory compliance, product liability defense, intellectual property protection, labor and employment litigation, and distribution agreements.
• Entertainment: We support entertainment companies and individuals across media, sports, and digital platforms by protecting their assets, expanding their reach, and providing counsel on licensing agreements, copyright and trademark protection, talent agreements, and sponsorship deals.
• Food and Beverage: Companies rely on our guidance to navigate regulatory hurdles and meet consumer demand for innovation in products and sustainability. We provide counsel on a range of issues, including labeling compliance, Proposition 65 challenges, supply chain management, labor and employment, franchising, extended producer responsibility laws, litigation defense and dispute resolution, and M&A.
• Health and Wellness: We help health and wellness brands innovate and grow while addressing business challenges and consumer expectations. Our lawyers advise on advertising claims, brand protection, intellectual property, labor and employment, commercial disputes, and strategic partnerships.
• Retail and eCommerce: Our support enables retail and eCommerce companies to thrive in a competitive, tech-driven environment. We provide tailored guidance on data privacy compliance, consumer protection, advertising claims, supply chain optimization, and dispute resolution.
• Sports and Stadiums: Whether we’re tackling facility development and financing, arena operations, licensing and Name, Image, Likeness (NIL), Title IX and immigration compliance, or dispute resolution, our team helps protect and monetize brands from teams and leagues to public entities, investors, and lenders.

/Representative Experience

• Bally’s Corporation: Represent a global casino-entertainment company in its acquisition by Standard General L.P. in a take private transaction valued at $4.6 billion
• Constellation Brands: Represent a leading international producer and marketer of beer, wine, and spirits, as well as its venture capital subsidiary, CBV Ventures LLC, in a wide range of strategic transactions and matters. Our work with Constellation Brands spans decades and includes labor and IP issues, corporate matters, financing, and numerous other areas of legal support. In addition to the recent sale of its primarily mainstream wine brands and related vineyards and facilities to The Wine Group LLC, and the sale of its SVEDKA vodka brand to Sazerac Investments, LLC, we have represented Constellation in hundreds of transactions across its business.
• DraftKings: Represent a digital sports entertainment and gaming company in various regulatory inquiries and litigation matters across the country 
• Grillo’s Pickles: Represent a Boston-based company that started with its founder selling pickles from a cart in downtown Boston. Today, Grillo’s distributes gourmet pickles in grocery stores nationwide. We represented Grillo’s through multiple rounds of growth equity financing and ultimately in its sale to King’s Hawaiian. Post-transaction, we have continued to advise Grillo’s, helping expand its reach to more than 4,000 food retailers across the country.
• Lifetime Brands, Inc.: Represent the leading consumer goods company that designs, develops, and markets thousands of quality products each year for more than 30 trusted brands, in a copyright, trademark, and design patent infringement case over nine separate products, against fast-fashion giant Shein in the Central District of California. The matter settled favorably at the pleadings stage. 
• MrBeast’s Feastables: Represent the famous snack brand from formation through seed and Series A investment rounds, including advising on initial venture structure, licensing and contribution matters, startup operations, and investor relations matters
• Stanley Black & Decker, Inc.: Represent the American manufacturer of industrial tools and household hardware in a class action alleging ERISA breach of fiduciary duty
• Wayback Burgers: Represent the popular burger chain on a variety of franchise matters both domestically and internationally, including their franchise agreement, disclosure, and registration, and international matters in Asia, Europe, South Africa, and several other foreign countries
• Leading fitness club franchisor: Defended a national franchisor in numerous consumer class actions across multiple states, securing dismissals, favorable settlements, and successful removal to federal court in matters involving membership auto-renewals, COVID-19 closures, consumer protection claims, and alleged statutory violations. Also represented the franchisor in regulatory investigations and franchisee disputes, including negotiating an Assurance of Discontinuance with a state attorney general and resolving a breach of contract arbitration
• Home improvement retailer: Represent this specialty retailer in all aspects of their new store acquisition, leasing, and development, including new concept stores, out lot sale and development transactions, and portfolio management work, including lease and reciprocal easement agreement amendments. We also handle their commercial litigation matters.
• Various jewelry clients: Represent an American luxury jeweler and specialty retailer as well as a third-generation jewelry company in significant litigation matters, including securing an early favorable settlement in a copyright infringement suit over jewelry designs and winning summary judgment (affirmed on appeal) in an employment discrimination and FMLA case
• Professional athletes: Represent a variety of athletes on all legal matters including NIL policies, endorsement agreements, appearance agreements, and joint ventures and licensing agreements
• World’s leading winemaker: Represented the company in defeating multiple lawsuits alleging the presence of arsenic in its wines, including successfully opposing efforts to form a multidistrict litigation and obtaining dismissals in five jurisdictions
• Multiple consumer product companies: Litigate numerous Prop 65 matters involving a wide range of products, including candy, hardware, snack foods, home goods, and personal care items
  

/Recognition

• Nixon Peabody has been named a Tier 1 National firm for Commercial Litigation; Patent Law; and Trademark Law in the 2026 edition of Best Law Firms®.