Insights on Fashion & Retail Law

The Trump Administration’s latest tariff announcements are set to send shockwaves through the fashion and retail sectors, potentially upending supply chains industry wide. Consumers can expect higher costs for their favorite apparel, footwear, handbags, and accessories.

ArentFox Schiff is pleased to announce that 15 attorneys have been recognized in 2025 Lawdragon 500 Leading Global Entertainment, Sports & Media Lawyers, denoting legal prowess that matches “the imprint of their client’s global reach.”

The fashion and textile industries have seen a marked uptick in customs enforcement, riding a “roller coaster of trade policy” that is likely to get more chaotic under the Trump Administration. 

Earlier this month, California Governor Gavin Newsom directed the state’s recycling agency, CalRecycle, to restart the process of issuing regulations for California’s landmark plastic and packaging extended producer responsibility (EPR) law.

Welcome to the March 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

ArentFox Schiff LLP is proud to announce that the firm’s Trademark practice and 10 attorneys have been ranked in 2025 WTR 1000 – the World’s Leading Trademark Professionals, the definitive guide for intellectual property (IP) practitioners.

For the last several years, consumer class actions targeting “greenwashing” have become increasingly common. In 2024, Lululemon Athletica Inc. and Lululemon USA Inc. were on the receiving end of such a lawsuit, but they recently prevailed on a motion to dismiss.

On February 14, the newly formed Saks Global announced its plan to pay vendors past due balances in 12 monthly installments beginning in July.

Join Angela Santos for an insightful webinar on how the new presidential administration taking office in January 2025 could impact the fashion industry.

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.

In a recent decision, the BBB National Programs’ National Advertising Division (NAD) took issue with social media content posted by influencers engaged by Revolve Group, Inc. and recommended that the company provide more robust and prominent guidance to its influencers on compliance with the Federal Trade Commission’s (FTC) Endorsement Guidelines.

Welcome to the February 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

Trademark & Copyright Partner Danielle Bulger will participate in a panel presentation on fashion law at the American University Law Review Spring Symposium in Washington, DC, on February 7, 2025.

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.

Welcome to the January 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

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.

Welcome to the December 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

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.

Join Angela Santos as she speaks at an American Apparel & Footwear Association webinar.

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.

Welcome to the November 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.