Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

In Wake of Restructure, Nasty Gal Files for Bankruptcy

Author: Joel R. Glucksman

Date: December 14, 2016

Key Contacts

Back

Nasty Gal, a homegrown fashion outfitter based in Los Angeles, has an interesting story. Its founder, Sophia Amoruso, started the company in 2006 with nothing more than a laptop, an eBay account and her passion for developing vintage clothing. The business prides itself on designing and producing its own clothes, shoes and accessories on the West Coast.

Despite former CEO Sophia Amoruso’s passionate fan base, the Nasty Gal fashion company filed for Chapter 11 bankruptcy, according to Re/code. The company made the move in preparation for a restructuring of its debts.

Shifting leadership 

Re/code noted that Amoruso had stepped down as executive chairwoman, and Director Danny Rimer had also resigned from his board position. Four years ago, Nasty Gal was in a better position. In 2012, Index Ventures invested $49 million into the business. Even last year, retail executive Ron Johnson provided $16 million in funding. So, what happened?

Recently, change has been the only certainty for Nasty Gal. Another story from Re/code noted that, in January 2015, Amoruso resigned as chief executive officer, handing the title to Sheree Waterson, who had been the fashion company’s president beforehand. Amoruso, then only 30 years old, indicated she believed Nasty Gal needed someone at the helm who had experience managing and driving operations. 

Yet, at the beginning of 2016, Nasty Gal laid off 10 percent of its workforce, according to Racked. Waterson noted the decision would “allow [Nasty Gal] to continue to evolve as a company.” 

Bankruptcy and legal troubles 

TechCrunch noted Nasty Gal filed for bankruptcy to resolve its liquidity issues, correct structural problems and achieve compliance with its debt agreements. 

“We expect to maintain our high level of customer service and emerge stronger and even better able to deliver the product and experience that our customers expect and that we take pride in bringing to the market,” said the company in a statement, as quoted by TechCrunch.

The bankruptcy comes in the wake of much legal wrangling over the past couple of years. According to The Fashion Law, the company was facing four lawsuits regarding its termination practices. Allegedly, Nasty Gal had fired three staff members either because of their gender or because of pregnancies. In another case, former Nasty Gal employee Farah Saberi filed a lawsuit claiming Amoruso fired her after she received a heart transplant. Upon returning to work, Saberi alleged that Nasty Gal reduced her salary, demoted her to a lower position and eventually fired her.

Saberi’s lawsuit cites violations of the Fair Employment Housing Act, Wrongful Termination and the Americans with Disabilities Act. The former Nasty Gal employee aims to receive $3 million in compensation for her grievances. 

With respect to the bankruptcy, it will be interesting to see what Nasty Gal will look like after the restructuring.

Are you a creditor in a bankruptcy?  Have you been sued by a bankrupt?  If you have any questions about your rights, please contact me, Joel Glucksman, at 201-806-3364.

For more articles regarding retail companies filing for bankruptcy, check out:

  • Aéropostale Files for Chapter 11 Bankruptcy
  • Karmaloop Inc. files for Chapter 7 Bankruptcy Protection
  • American Apparel Files for Chapter 11 Bankruptcy Protection

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
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?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"
BESS Interconnection: Managing Grid, Cost, and Schedule Risk post image

BESS Interconnection: Managing Grid, Cost, and Schedule Risk

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]

Author: Nicholas Wall

Link to post with title - "BESS Interconnection: Managing Grid, Cost, and Schedule Risk"
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"

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!