Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Wet Seal Retailer May Soon File For Bankruptcy

Author: Joel R. Glucksman

Date: January 27, 2015

Key Contacts

Back

Amid the declining profitability of shopping mall chains across the U.S., retailer Wet Seal appears to be poised on the brink.

The Foothill Ranch-based company announced Jan. 7 that it will close 338 stores and lay off close to 3,700 employees, according to The Los Angeles Times. This represents approximately two-thirds of the retailer’s locations. The Wet Seal online business and 173 of its locations will continue to operate.

“Our financial condition leaves us no other alternative than to close these stores,” Chief Executive Ed Thomas said in a statement cited by the news source. “This was a very difficult decision to make.”

A lender on some of the company’s senior convertible notes has already issued a default notice with a Jan. 12 deadline, according to MarketWatch. Wet Seal has until that time to meet its obligations or strike a new deal – otherwise it may have little choice but to file for protection under the bankruptcy law. Rivals Delia’s and Deb Shops have already gone this route.

“I don’t think that there is a good chance (of it surviving) unless there is a trick up someone’s sleeve that we haven’t seen yet,” bankruptcy attorney David Tawil told MarketWatch. “It has been a long time coming.”

The causes behind the decline

The teen sector toward which Wet Seal is oriented has under performed as a whole compared to the broader retail segment, according to the news source. Even better known rival companies like Pacific Sunwear and Aeropostale Inc. are expected to close some stores this year as a means to shore up losses. As parents cut back on their kids’ allowance and teens shift their spending away from fashion and toward electronics, those companies in the sector that aren’t ready for shifting trends are having difficulty keeping up.

Wet seal has lost money in eight of the last 10 quarters, MarketWatch reported based on Retail Metrics data, and it is anticipated to continue this trend in the next two. Comparable sales dropped in 11 of the past 13 quarters. Most notably, sales experienced a 14 percent drop in the third quarter of last year and a 9.7 percent drop is expected in the holiday quarter.

New “fast fashion” retailers like Zara, H&M and Forever 21 have had more success in the modern environment due to their ability to quickly and cheaply shift between the latest trends, according to The LA Times. CEO Ed Thomas promised a focus on this strategy should the company he heads make it through this difficult time.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
When to Settle and When to Fight: A Litigator's Framework post image

When to Settle and When to Fight: A Litigator's Framework

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]

Author: Sean M. Pena

Link to post with title - "When to Settle and When to Fight: A Litigator's Framework"
A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now post image

A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]

Author: Sean M. Pena

Link to post with title - "A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now"
Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses post image

Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]

Author: John D. Giampolo

Link to post with title - "Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses"
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know post image

Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]

Author: George McGowan

Link to post with title - "Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know"
Estate Planning for Digital Assets Under New Jersey Law post image

Estate Planning for Digital Assets Under New Jersey Law

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]

Author: Marc J. Comer

Link to post with title - "Estate Planning for Digital Assets Under New Jersey Law"
The Role of Representation and Warranty Insurance in M&A Transactions post image

The Role of Representation and Warranty Insurance in M&A Transactions

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]

Author: George McGowan

Link to post with title - "The Role of Representation and Warranty Insurance in M&A Transactions"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!