Fashion Counsel

In 2025, the retail and fashion industries are bracing for a transformative year, heavily influenced by the policies of the new Trump Administration. These policies promise rapid and significant changes, particularly in areas such as trade, tariffs, and immigration, which will profoundly affect global supply chains and labor dynamics.

ArentFox Schiff’s Forced Labor Enforcement Task Force published its first annual report last year to help multinational companies navigate the complexities of forced labor laws in the United States and in countries around the world. Since our last report, forced labor enforcement has developed rapidly, with many of our predictions materializing in 2024.

Welcome back to the AFS Fashion Insiders Executive Forum. Consumer Products Industry Group Co-Leaders Katia Asche and Matthew R. Mills discuss the ballooning legislation across states and in the federal government regulating “greenwashing” and the use of PFAS or “forever chemicals” in products ranging from food to apparel to kitchenware.

On December 21, 2024, New York Governor Kathy Hochul signed into law the New York State Fashion Workers Act, which imposes new regulatory obligations on fashion companies, advertising agencies, model management companies, and other entities that work with fashion models.

On December 23, 2024, Hudson’s Bay Company, the parent company of Saks Fifth Avenue, completed its acquisition of Neiman Marcus Group, the parent company of Neiman Marcus and Bergdorf Goodman, for $2.7 billion following years of on-and-off negotiations.

Working toward a more circular economy will continue to be at the forefront in 2025. More and more, states are requiring producers to manage the end-of-life of an increasing number of consumer items, from packaging materials, paper products, and food service ware, to mattresses, carpets, and more. California is now the first state in the nation to establish an extended producer responsibility program expressly for textiles.

In a December 2, 2024, press release, the Federal Trade Commission (FTC) announced the filing of a court order requiring online marketplace GOAT to pay more than $2 million for violating FTC rules and the company’s own policies related to shipping and refunds.

Most fashion, beauty, and retail companies depend heavily on global supply chains to produce products sold in the United States, but with significant tariff increases looming and an unpredictable trade landscape, companies need to reassess sourcing and manufacturing strategies. Countries that were traditional sources of lower cost and high-quality products could be the target of tariffs under President-elect Trump’s proposed tariff policies. We explore scenarios for these tariffs, the impacts on the fashion, beauty, and retail industries, and what companies can do to mitigate the impacts of the potential tariffs.

In the second and final part of this series, Chairman Anthony V. Lupo is joined by Diane von Furstenberg at the inaugural AFS Fashion Insiders Executive Forum, where Diane reflects on her journey from a young girl unsure of her path to a powerful woman, shaped by her iconic dress design.

Across the fashion and retail markets, artificial intelligence (AI) is revolutionizing design, marketing, and customer engagement. The legal implications surrounding intellectual property (IP) issues and the unchartered regulatory landscape puts companies at a crossroads.

In the first installment of a two-part series, Chairman Anthony V. Lupo is joined by Diane von Furstenberg at the inaugural AFS Fashion Insiders Executive Forum, where Diane spoke about her career as a designer and how key moments shaped her into a top executive. 

The per- and polyfluorinated substances (PFAS) landscape is rapidly developing as manufacturers and sellers of consumer products face increased litigation.

Per- and polyfluorinated substances (PFAS) include various synthetic chemicals that have been used in products ranging from cookware to clothing and carpets to cosmetics for decades.

Chanel recently opposed Simb DOO’s “5” mark, which Simb applied to register for use with cosmetics in the European Union.

Social media has revolutionized the ways in which brands target and market to consumers and the value of successful social media pages has become increasingly recognized, resulting in disputes over the ownership of these “assets.”

Nike and Japanese fashion brand A Bathing Ape (BAPE) have settled a trademark infringement lawsuit over BAPE’s alleged on-again, off-again infringement of some of Nike’s most iconic sneaker designs. The settlement requires BAPE to discontinue some of its sneakers and redesign others.

As we have reported at length, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) imposed extensive new requirements related to cosmetic products marketed in the United States.

PFAS are a large family of synthetic organic chemicals containing carbon chains in which most or all of the hydrogen atoms have been replaced by fluorine.

On December 5, 2023, the Second Circuit Court of Appeals issued a precedent-setting decision in favor of the prominent skateboarding footwear and apparel brand, Vans.

The fashion and retail industry experienced another year of considerable change in 2023.

In the latest episode of Fashion Counsel, AFS Chairman Anthony V. Lupo is joined by Thomas Crispi, AFS Product Liability and Mass Torts Practice leader, to discuss how retailers and manufacturers can anticipate potential product issues and have a plan in place to handle US Consumer Product Safety Commission (CPSC) inquiries, class actions, and probable liability. 

For better or worse, generative artificial intelligence (AI) is already transforming the way we live and work. Retail and fashion companies that fail to embrace AI likely risk losing their current market share or, worse, going out of business altogether.

A class action complaint filed recently against Foot Locker, Inc. in New York alleges that the footwear retailer is misleading consumers into believing that products are scarce or about to sell out, when that is not in fact the case.

With the advent of OpenAI’s ChatGPT, GitHub Copilot, and Google’s Bard, generative artificial intelligence (AI) is all the rage from students looking for an easy answer to c-suite executives hoping to stay ahead of the game.

Fashion Counsel