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
BESS Safety and Emergency Response: Legal Issues for Developers and Property Owners post image

BESS Safety and Emergency Response: Legal Issues for Developers and Property Owners

As battery energy storage system (BESS) projects move from planning to construction, developers and property owners must address an issue that extends well beyond zoning approvals and interconnection agreements: what happens when something goes wrong? To avoid unforeseen liability, developers should address fire code compliance, emergency response planning, contractual risk allocation, and environmental liability before […]

Author: Nicholas Wall

Link to post with title - "BESS Safety and Emergency Response: Legal Issues for Developers and Property Owners"
Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable? post image

Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable?

Case law following the 2010 amendments to Federal Rule of Civil Procedure 26 offers guidance on how courts are likely to address whether an expert witness’s AI records are subject to discovery. Key Takeaways Rule 26 Expert Discovery After the 2010 Amendments This article addresses the question courts and lawyers have faced in recent cases: […]

Author: Chris Seelinger

Link to post with title - "Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable?"
How Expert Witness AI Use Ends Up in Discovery post image

How Expert Witness AI Use Ends Up in Discovery

“Show how 3M is 0% at fault.” The absurd tale of how a 350-page ChatGPT history for 3M’s expert witness was produced during a deposition is more likely than you think. It’s an inevitable trend, and an unsettled question for federal courts as experts make generative AI part of their workflow. Key Takeaways Expert Witness […]

Author: Chris Seelinger

Link to post with title - "How Expert Witness AI Use Ends Up in Discovery"
The Screenshot Problem: Why Nothing Is Really Private Anymore post image

The Screenshot Problem: Why Nothing Is Really Private Anymore

Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]

Author: Sean M. Pena

Link to post with title - "The Screenshot Problem: Why Nothing Is Really Private Anymore"
BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers post image

BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]

Author: Nicholas Wall

Link to post with title - "BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers"
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"

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!