Insights on Fashion & Retail Law

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.

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. 

Welcome to the October 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.

Partner Marylee Jenkins will attend the Brand Strategy Summit USA on October 8, where she will lead an interview titled “Advancing the Trademark System: A Behind-the-Scenes Look.”

Many e-commerce retailers are closely monitoring increasing bipartisan criticism of the Section 321 de minimis program.

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

Welcome to the September 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.

In an interview with Harvard Law School, AFS Chairman Anthony V. Lupo talked about his role in helping shape the rise of fashion and retail law, AFS’s unique culture, and new legal industry trends to anticipate.

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.