Fashion Counsel

After nearly six weeks of requiring California residents to shelter in place, on April 28, 2020, California Governor Gavin Newsom announced a new four-stage plan for reopening California, however, he did not provide specifics on when each phase would begin.

As government officials begin to discuss reopening the economy, apparel brands should think about what preventative measures need to be implemented prior to reopening their retail locations across the country.

In this video episode of Fashion Counsel, Arent Fox Fashion & Retail Practice Leader Anthony V. Lupo, Arent Fox Labor & Employment Practice Leader Michael L. Stevens, and Arent Fox Partner Robert J. Ernest discuss the top issues fashion and retail companies need to think about before reopening.

During a time of financial uncertainty and fear for public health, many companies are stepping up to donate time and funds to industries and workers who are on the font-lines. But as clothing brand Draper James recently discovered, good intentions don’t always lead to good outcomes.

Complying with California’s wage and hour rules can be hard in ordinary times. Now, along with the many challenges that the COVID-19 emergency poses, California employers may face new situations and issues. 

On March 10, the Department of Labor’s Wage and Hour Division issued guidelines that address many Fair Labor Standards Act issues that have arisen due to the COVID 19 pandemic. This Alert identifies some of the highlights.

Many companies that have suffered business income disruptions and losses as a result of the coronavirus are asking their insurance brokers if there is coverage for such losses under the business interruption or contingent business interruption provisions of their all-risk insurance policies. 

As the coronavirus continues to wreak havoc globally, long-term business implications are imminent for US companies.

In this video episode of Fashion Counsel, Arent Fox Fashion & Retail Practice Leader Anthony Lupo and Arent Fox Partner Lynn R. Fiorentino discuss Prop 65, how companies can ensure they are in compliance with the California law, and the potential of the New York Consumer Right to Know Act.

An importer of Giorgio Armani apparel secured victory from the Court of International Trade (CIT) in its dispute with US Customs and Border Protection (CBP) over whether the importer was required under the US customs laws to pay duties on advertising fees and trademark royalty fees as part of the va

Last month, Representatives Sean Patrick Maloney (NY-18) and Grace Meng (NY-6) introduced the Natural Cosmetics Act that would define the term “natural” as it relates to personal care products and give the US Food and Drug Administration (FDA) authority to enforce the new requirements. 

In this video episode of Fashion Counsel, Arent Fox Fashion & Retail Practice Leader Anthony Lupo and Arent Fox Partner Jenny Lee discuss consumer finance issues related to the fashion and retail industries.

On November 19, Arent Fox LLP was honored at the 18th Annual M&A Advisor Awards in New York with the prestigious Restructuring Deal of the Year award for work on the successful bankruptcy of Diesel USA Inc.

A US-based manufacturer was recently investigated by the Federal Trade Commission after improperly labeling country-of-origin information that violated the Textile Products Identification Act and Textile Rules.

The Federal Trade Commission (FTC) this month issued new guidance on the use of social media influencers in marketing campaigns.

Retailers that issue gift cards should be aware of a recent wave of class action lawsuits filed under the Americans with Disabilities Act (ADA) at the end of October.

In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and Arent Fox Government Enforcement & White Collar Co-Practice Leader Scott Peeler discuss how to guard against FCPA violations.

Last week, a California federal jury concluded that the maker of 5-Hour Energy Drink did not violate federal antitrust law by selling the energy shots to Costco for less than the price charged to its family-owned rivals.

The Federal Trade Commission (FTC) recently filed a complaint against Match.com (Match) in the US District Court for the Northern District of Texas alleging that the dating website allowed fake accounts to lure consumers into purchasing subscriptions.

On October 7, 2019, United States Supreme Court declined to hear an appeal of a decision by the Ninth Circuit presenting a question of significant importance to business owners engaged in ecommerce.

The US Federal Trade Commission is considering changes to the rules governing negative option offers, including automatic renewals. A “negative option” is an offer for goods or services in which a consumer’s inaction constitutes acceptance of an offer. 

The Gap, Inc. recently settled a class action lawsuit alleging that the retailer employed a misleading pricing scheme in The Gap and Banana Republic outlets and factory stores.

In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and Master Perfumer and CEO of DreamAir Christophe Laudamiel discuss how to find your signature scent, how a scent is made, and what notes don’t mix well together.

Despite a recent setback, a right of publicity lawsuit filed by the actress Brooke Shields against a cosmetics company and several major retailers will proceed in California state court.

The Delaware Superior Court recently issued a final order against Overstock.com for violating Delaware’s Abandoned and Unclaimed Property Law and False Claims and Reporting Act by failing to report and remit nearly $3 million in abandoned gift card balances to Delaware’s revenue agency.