Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog offers news, analysis, and insights for the industry from fashion attorney Anthony Lupo.

Fashion Counsel with Anthony V. Lupo

Charlyn L. Ho

Charlyn Ho, Associate at Arent Fox
Charlyn L. Ho
Associate
Washington, DC
202.350.3614

Charlyn Ho is an associate in the Communications, Technology & Mobile and Sports practices. She represents clients in the technology, sports, education, real estate, food products, and retail (including high fashion) industries in negotiating a wide variety of commercial transactions.

Charlyn has particular experience with negotiating cloud service, hardware, software, and other technology-related transactions. Charlyn has a keen understanding of her client’s business needs and is able help them maximize value when entering into deals. As a former Corporate & Securities lawyer at Arent Fox and Cravath, Swaine & Moore, and as a former Navy Supply Corps officer, Charlyn has significant transactional knowledge and project management skills.

Charlyn was elected to serve on the Associates Committee in 2015 and she serves on a number of pro bono projects designed to help military veterans and DC public school children.

Previous Work

Before joining Arent Fox, Charlyn was an associate in the Corporate Department at Cravath, Swaine & Moore. She also served as a US Navy Supply Corps Officer on active duty from 2006-2012. In that position, she specialized in cradle-to-grave management of Navy contracts and associated procurement and policy matters.

While Charlyn was in the Navy Supply Corps, she was responsible for developing and implementing budgets and contracts to refuel nuclear powered aircraft carriers, which required collaboration with senior level policymakers and technical experts to integrate new technology into existing aircraft carrier systems in a cost-effective manner, while maintaining mission readiness.

Publications, Presentations and Recognitions

 

Blog Posts by Charlyn L. Ho

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Sears Sued by Clothing Company for Cancelling Orders in Violation of Contract

On March 18, retailer Sears Holdings Corp. was hit with a $5.5 million lawsuit in Illinois’ Cook County Circuit Court by clothing company Sprockets Clothing Inc. (which is now known as SCI Apparel Inc.). Sprockets alleges that Sears breached an exclusive vendor contract entered into in 2010 by cancelling nearly $4 million of orders after Sprockets already manufactured and shipped the orders.

Sprockets claims that Sears had no contractual justification for its actions and Sears’ cancellation was not “commercially reasonable practice” because the clothing that Sprockets produced was of a quality consistent with the requirements of the contract and there was no cancellation clause in the contract. Additionally, Sprockets alleges that Sears violated the contract by withholding $750,000 of Sprocket’s contributions to a joint project between the parties to launch a “store within a store” retailing concept, even though Sears never developed the concept.
 

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Class Action Defense
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Seller Beware: ‘No Refund,’ ‘No Cancellation,’ and ‘No Exchange’ Provisions in Certain Sales Contracts May Be Unenforceable

In 2013, David and Katina Spade (the Spades) purchased a mattress from Select Comfort Corp. (doing business as Sleep Number) that featured remote control operation of the height of the foot and head portions of the mattress (the Mattress). After taking delivery of the Mattress, the Spades experienced several technical problems with the remote control feature. Select Comfort and Leggett & Platt, Inc. unsuccessfully tried to repair the Mattress for almost a year. Shortly thereafter, the Spades revoked acceptance of the Mattress and requested that Sleep Number refund the full purchase price of the Mattress. Sleep Number did not do so.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.