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Estee Lauder (Finally?) Wins Dismissal of Retailer’s Contract Termination Antitrust Claims

Has Estee Lauder built such significant brand value that a retailer is doomed if it cannot stock Estee Lauder’s products on its shelves? This is the question Duty Free Americas asked a federal appeals court to once again consider after both the district court and the appeals court said “no.” The courts’ decisions confirm that manufacturers usually are free to choose with whom they will deal, and who may be cut off.  The Retailer’s Allegations  

Mitigating Risk and Protecting Your Company’s Brand in the US Marketplace

Recent Developments in US Import Requirements In September 2014, Arent Fox reported about a US court case with which every corporate officer of a company doing business in the United States should become familiar. The decision involves responsibility for compliance with US import regulations which, heretofore, has typically been relegated to a company’s customs and logistics divisions.

CBP Announces Changes to Audit Rules

Auditors Change Sample Transaction Review Process and Pre-Assessment Survey to Match Today’s Audit Standards and to Provide Auditors Flexibility to Target Priority Trade Issues   US Customs and Border Protection’s (CBP’s) Office of Regulatory Audit will be hosting a webinar on Thursday, October 9, 2014 from 2:00 pm–3:30 pm Eastern Time to provide an overview of its Focused Assessment (FA) Program.

Get Ready: SEC’s Conflict Mineral Reporting Deadline is Looming

Pursuant to Section 1502 of the Dodd-Frank Wall Street Reform Act, the Securities and Exchange Commission (SEC) issued final regulations on September 12, 2012 requiring publicly traded companies to disclose their use of “conflict minerals” in products they manufacture or have contract manufactured for them to proprietary specifications.

Fashion Companies Respond to Bangladeshi Factory Concerns

Selecting where to source manufacturing of fashion goods is not dependent on price alone. Companies looking to source need to be aware of consumer perceptions when selecting a sourcing territory. Perception worries might not carry the same importance to all companies, but it is undeniable that businesses make decisions based on their clientele’s views on sourcing locations.

Triple Tariff: Women’s Denim Manufactures Retaliatory EU Tariff on US-Made Denim

As experienced members of the fashion industry can attest, trade matters such as duties and taxes, and other regulations can have a huge impact on global sales and sourcing decisions. In an effort to resolve differences over trade practices and increase the already $1 trillion in annual trade, the United States and the European Union (EU) conducted free-trade agreement talks under the Trans-Atlantic Trade and Investment Partnership (TTIP) from July 9 to July 13, 2013 in Washington, DC.

Fashion Counsel: Visas & Visiting Executives

Arent Fox today released Episode 7 of Fashion Counsel with Anthony V. Lupo. This edition features partner Nancy Noonan whose practice focuses on the US’s immigration and nationality laws. In Episode 7, host and Arent Fox partner Tony Lupo interviews Ms. Noonan on the best visa types to assure smooth extended stays for strategic managers on assignment in the US for up to seven years.

Fashion Counsel: Currency & Payments in Latin America

Arent Fox today released Episode 5 of Fashion Counsel with Anthony V. Lupo. This edition features Ricardo Fischer, partner and special legal consultant to Arent Fox’s Intellectual Property and International Trade groups.

Alleged Software Piracy by Overseas Fashion Firms Gives Rise to Unfair Competition Claims in California

The California Attorney General recently filed two lawsuits in state court against Chinese and Indian apparel manufacturers, accusing the companies of obtaining an unfair competitive advantage over US firms through the use of pirated software. See People of the State of California v. Ningbo Beyond Home Textile Co., Ltd., No. BC499771 (Cal. Super. Ct. Jan. 24, 2013); People of the State of California v. Pratibha Syntex Ltd., No. BC499751 (Cal. Super. Ct. Jan. 24, 2013).