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

Advertising, Data Collection & Privacy

Arent Fox has developed for its fashion and luxury goods clients processes for the collection of customer data at store fronts and via the Internet. In this regard, we have assisted clients with the implementation of global privacy policies that allow for the transfer of customer and employee data across borders and for the use of that data for all types of purposes, from internal uses to marketing to data mining. On the advertising side, we review our clients’ advertisements for claims and comparisons. Our attorneys have also worked with our clients in global sweepstakes and contests to gather consumer data and promote their brand.

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10 Steps to Mitigate A Data Breach Before It Happens

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California Supreme Court Rules in Favor of Lacoste in Data Collection Class Action

Washington, DC — In a closely watched data collection case, Arent Fox LLP secured a victory for Lacoste when the California Supreme Court declined to clarify whether retailers in the state can ask customers for their personal information. On August 26, California’s high court responded to a certification request from the US Court of Appeals for the Ninth Circuit by agreeing with arguments put forward by Arent Fox.

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California Governor Signs Bill Aimed at Aligning Nationwide “Made in USA” Labeling Requirements

On Tuesday September 1, 2015, California Governor Jerry Brown signed a bill that will enable products to be labeled and marketed with an unqualified “Made in USA” statement even if not entirely made in the United States – a major departure from California’s current more stringent standard.

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FuelBand Advertising Claims Spark Settlement Agreement

Nike Inc. (Nike) recently agreed to pay more than $2.4 million to settle a class action lawsuit related to the Nike FuelBand activity tracker. The lawsuit, Levin v. Nike, was filed May 17, 2013, in California Superior Court in Los Angeles County. The Plaintiffs alleged violations of California unfair competition and false advertising laws, as well as breach of warranty.
 

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Court Holds Retailers Can Record Birth Dates of Consumers Using Credit Cards to Buy Alcohol

A California appeals court recently held that a retailer does not violate California privacy law by collecting and recording birth dates of consumers who buy alcohol with credit cards.
 
Plaintiff Mark Lewis purchased alcohol at a Safeway store in California. During the sales transaction, the clerk requested proof of Mr. Lewis’s age and then entered Mr. Lewis’s date of birth into the computerized cash register.
 

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Court Finds Online Data Collection Legal under California’s Song-Beverly Act

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Brave New World: Wearable Devices Pose Security Challenge for Businesses

With the release of the Apple Watch, a number of companies are likely to grapple with an increasingly common problem: how to secure sensitive company data and information in the age of wearables.

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Challenges and Opportunities for International Brands Entering the Brazilian Fashion Market

Arent Fox Intellectual Property partner Cristina Carvalho and head of Arent Fox’s Fashion Law practice Anthony Lupo present, "Challenges and Opportunities for International Brands Entering the Brazilian Fashion Market" in partnership with the Brazilian-American Chamber of Commerce.

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Clothing Retailers Agree to Settle ZIP Code Lawsuit with Gift Cards

Clothing retailers Urban Outfitters and Free People recently agreed to settle a class action lawsuit alleging that the retailers improperly collected ZIP codes from customers at checkout by giving class members a gift card.

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The Gift that Keeps on Giving: New Jersey Backs Down a Little on Gift Card Requirements

New Jersey Gov. Chris Christie recently signed a bill amending the state’s gift card law to eliminate the consumer data collection requirements. The law previously required companies operating in New Jersey to maintain records of the name, address, and ZIP code of gift card purchasers. Much to the relief of retailers, the new bill eliminates this requirement.

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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.