Perspectives on Fashion & Retail Law

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.

The COVID-19 pandemic has led to widespread reports of price gouging on hand sanitizer, protective masks, gloves, and other essential supplies.

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.

IP Partner Pamela M. Deese is a featured speaker at the Brand Protection Summit, co-hosted by CounterFind and Warner Music Group on November 7th, 2019 in New York.

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.

Fashion companies are struggling with a new paradigm. Storefront traffic is down. Real estate costs are up. And consumers are foregoing malls to shop online. Fashion & Retail Practice Leader Anthony Lupo and Kimco Realty CEO Conor Flynn discuss the future of retail in this video interview.

New York Governor Andrew Cuomo recently signed a new bill into law that will require all retail stores to stop providing plastic bags to customers at check-out. This is part of the growing movement for consumers to use reusable bags when shopping.

The Federal Trade Commission (FTC) is showing no signs of backing off its aggressive enforcement of online negative option offers after filing a federal lawsuit against eight commonly-controlled companies that sell skin care products.

Fashion accessory and luxury goods importers of fine jewelry and costume jewelry containing gemstones and/or precious metals (e.g., gold), should be aware of a current proposal being considered by State Department officials.

WASHINGTON, DC – Chambers USA: America’s Leading Lawyers for Business has recognized 31 Arent Fox LLP attorneys as leaders in their field.