Resources
Data, case documentation and guides
Everything here is compiled from public filings and public records, and is free to reuse with attribution.
The Gap / SVES case
- Case file
Parties, timeline, documents and what has and has not been decided.
- Docket tracker
Procedural history, updated as entries are confirmed.
- SVES GO, LLC
The defendant entities and what the company does.
- The 11.2 million unit shipment
ATS lists, size mix and the 45 day clause, explained.
- Eight Days in May
A newspaper story, a contract amendment, an earnings call and a securities filing, all in eight days.
- The Boxes Said Regular
What testimony recorded by the court says was inside boxes marked regular.
- The Deal Was 500,000 Pieces
Gap's own negotiator testified to the limit. SVES says more than nine million arrived.
- Where 25 Percent Came From
A judge wrote that the record does not explain how Gap reached its figure.
- The Customers
SVES alleges Gap went directly to TJ Maxx, Burlington and Ross while SVES was struggling.
- Pay In Full
Gap demanded full payment four months after its own people inspected the goods.
- Gap Asked for Help in 2020. In 2024, It Sued.
How the relationship began, and how it ended up in court.
- What the Judge Left Alone
SVES lost the first phase of trial. The ruling is narrower than the result suggests.
Data
- Gap inventory tracker
Twenty quarters of reported merchandise inventory, charted.
- Who cleared the 2022 glut
Five retailers, measured against their own seasonal norms.
- Risk factor language
What Gap told investors about 2022, in its own filings.
- What the glut cost Gap
Gross and operating margin through the glut year, from annual reports.
- The 2022 glut, dated
The industry-wide sequence, event by event, with sources.
- Off-price sector scorecard
TJX, Ross and Burlington by revenue and margin, with the comparability caveat.
- Gap Inc. brand mix
Old Navy is 56 percent of the company. Sales and comps by banner.
- Gap quarterly margin tracker
Gross margin by quarter, and the seasonal shape behind it.
- Where the 2022 inventory went
Eight retailers indexed to April 2022. Conventional down, off-price up.
- Target inventory tracker
Twenty quarters of Target inventory, charted.
- Kohl's inventory tracker
Twenty quarters, and the steepest seasonal cycle in the set.
- Abercrombie inventory tracker
The other retailer that cleared at 1.7x its own norm.
- American Eagle inventory tracker
The one series that is higher now than at the 2022 peak.
Contract and legal
- Notice windows compared
Discrepancy, defect and claim windows, and what makes one workable.
- No refund, no return clauses
When the clause is ordinary and when it removes every remedy.
- Settlements and releases
What a general release gives up, and why acknowledgments matter.
- Arbitration vs court
Confidentiality, discovery and appeal rights compared.
- Economic duress
Why hard bargaining is not duress, and what must be shown.
- What becomes public
Pleadings, exhibits, protective orders and sealing.
- Resale restrictions
Territory, channel and de-branding terms, and what they cost.
- Force majeure
Why commercial hardship rarely qualifies.
- Limitation of liability
Caps, consequential loss exclusions and carve-outs.
- Indemnity clauses
What an indemnity promises that a damages claim does not.
- Governing law and venue
Two separate decisions that shape any dispute.
Guides for buyers and distributors
- Discrepancy notice clauses
What the window does, five terms to negotiate, sample clause.
- Valuing an off-price lot
Why unit count is the least useful number in a closeout deal.
- Auditing a bulk shipment
A seven step protocol for beating the notice deadline.
- Where unsold apparel goes
The five stages of the surplus chain and who buys at each one.
- Chargebacks and deductions
The five categories, why disputes are lost on timing, and a working process.
- Available to Sell lists
What an ATS file is, what it does not promise, and what to insist on.
- The size curve
How size distributions are planned and why they decide value.
- Prepacks vs loose cartons
Why packing format decides whether a shipment can be verified.
- How off-price buyers buy
Open-to-buy, assortment over price, and why they say no.
- The economics of packaway
Buying now to sell a year later, and what it costs to carry.
- FOB, DDP and transit risk
Which incoterm moves what, and why the transfer point matters.
- No refund, no return clauses
When the clause is ordinary and when it removes every remedy.
- Writedowns and impairment
Lower of cost or net realizable value, and why the balance sheet hides the cost.
- Consignment vs firm sale
Who owns the goods, and why that decides the price.
- Returns processing economics
What happens to a returned garment and what each step costs.
- Vendor scorecards
OTIF, SQEP and Perfect Order, and how a score becomes a deduction.
- Liquidation auctions
Manifested vs unmanifested lots and how bidders price risk.
- The merchandising vocabulary
Overplanned, sell-through, weeks of supply and comps, translated.
- Shrink
Why inventory loss is a residual that absorbs every other error.
- Disposal and recycling
Donation, recycling, downcycling and landfill at the end of the chain.
- Bin store pricing
Declining prices by day, and what they reveal about surplus value.
- Export channels
How surplus crosses borders and what restricts it.
- Diverters and the gray market
How authorized goods reach unauthorized channels.
- Payment terms
Deposits, letters of credit, and who is exposed when goods are wrong.
- Tariffs and landed cost
Why classification is where the money moves.
- When a customer files
Reclamation, preference and the first week after a retail bankruptcy.
- Markdown cadence
Planned discount schedules, and why timing beats depth.
- Open-to-buy planning
The uncommitted budget, and why protecting it is the whole model.
- Allocation and replenishment
Where size problems first become visible.
- Seasonality
Why every inventory figure reflects decisions from another year.
- Lead times
What makes up a lead time and where it can actually be compressed.
- Minimum order quantities
How MOQs create surplus at the moment of ordering.
- AQL inspections
What sampling proves, and what it never checks.
- SKU rationalization
Why cutting the worst sellers is usually the wrong cut.
- Demand forecasting
Why forecasting new items is a different problem.
- Safety stock
Why the cost of availability in apparel is markdown, not carrying cost.
- EDI and ASNs
The document that causes most deductions, and how to get it right.
- Warehouse throughput
Why intake speed is a contractual issue, not just an operational one.
- Valuing a returns load
Grading, salvage rates and the break-even share.
- Closeout deal checklist
Fifteen questions to answer before committing to a bulk lot.
- Purchase order checklist
What belongs in a bulk order, and the three terms usually left out.
- Where leverage sits
Concentration, switching cost, information and timing.
- How to read a 10-K
The four disclosures that carry the story, and the traps.
- The cash conversion cycle
Why off-price runs a structurally heavier cycle.
- Turnover and weeks of supply
The measure that moves before margin does.
- Vendor managed inventory
When the supplier owns replenishment, and who carries the risk.
- Dropship vs wholesale
Who ends up holding the unsold stock.
- Apparel defect types
Critical, major and minor, and what each means for resale.
- Store closing sales
Agency vs guarantee, and why discounts start shallow.
- Cargo insurance
What it pays for, and the exclusion that catches seasonal goods.
- Demurrage and detention
Two charges, one clock, and why bulk importers pay most.
- Glossary
Thirty terms from closeout contracts and earnings calls, defined.