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  2. Fashion & Retail Law

Insights on Fashion & Retail Law

484 total results. Page 11 of 20.

Fashion Counsel
Online Mandatory Arbitration Provision Stops Class Action from Moving Forward
October 3, 2017
Anthony V. Lupo, Diana S. Bae, Wesley T. Gee

Online arbitration provision for a web-based application is enforceable, reversing a lower court decision and essentially blocking a proposed class action.

The Fine Print
It’s Every Influencer for Themselves as FTC Settles Debut Case Against Individual Social Stars
September 13, 2017
Dan Jasnow

Calling all #influencers: that promotional post may attract more attention than you bargained for with your brand if you fail to use required disclosures.

Fashion Counsel
What Trump’s Tax Reform Might Mean for Fashion and Luxury Goods Companies
September 13, 2017
Anthony V. Lupo, Byron Dorgan*, Dan H. Renberg, Philip S. English*

Retailers should be paying close attention to tax reform and possible implications for the fashion industry.

Fashion Counsel
Licensing Relationship Goes Cold in Ice Cream Trademark Dispute
September 12, 2017
Anthony V. Lupo, Diana S. Bae

Ice cream truck franchising company, Mister Softee Inc., recently filed suit against a former franchisee claiming trademark infringement and unfair competition.

Alerts
Online Retailer and Executive Plead Guilty to Price-Fixing Conspiracy Conducted Via Social Media and Text Messaging
August 18, 2017
Brian D. Schneider

An online retailer pled guilty to a price-fixing conspiracy for customized promotional products that was implemented through text messaging and social media.

The Fine Print
Instagram Signals to #Influencers That There’s a #NewSheriff in Town
August 16, 2017
Anthony V. Lupo, Dan Jasnow

Instagram is rolling out a new tool that will make it easier to tag and track paid commercial content.

Alerts
Facts Matter in Non-Compete Agreements
August 1, 2017
Linda M. Jackson

When crafting employment agreements, employers should consider all relevant factors. The superior court’s decision is a cautionary tale for non-competes.

Alerts
Save Me! San Francisco Enacts Salary History Law
July 28, 2017
Michael L. Stevens, Robert K. Carrol

Following the lead of other states and cities, on July 19, 2017, San Francisco Mayor Ed Lee signed the “Parity in Pay Ordinance” into law.

Alerts
Federal Court Holds Employer’s Attorney Can Be Sued For FLSA Retaliation Over Deportation Effort
July 11, 2017
Lynn R. Fiorentino

In the first ruling of its type, the Ninth Circuit held that an employer’s attorney can be sued for retaliating against an employee who sued his client.

Alerts
Delaware Becomes the 'First State' to Enforce Ban on Employer Requests for Salary History
June 29, 2017
Michael L. Stevens

On June 14, 2017, Governor John Carney signed a new law that will prevent Delaware employers from requesting the salary history of job applicants.

Fashion Counsel
Growing Trend? Another Court Rules Against Retailer on Website ADA Claim
June 21, 2017
Anthony V. Lupo, Sara T. Schneider

In April 2016, we issued an alert regarding a California Superior Court’s summary judgment ruling against a retailer on claims that its website violated the Americans with Disabilities Act.

Alerts
Gymboree Sends Itself To Time-Out
June 15, 2017
George P. Angelich, Andrew I. Silfen, Jackson David Toof

On Sunday, June 11, 2017, Gymboree filed a voluntary petition under Chapter 11 of the United States Bankruptcy Code in the US Bankruptcy Court for the Eastern District of Virginia, listing $755.5 million in assets and $1.365 billion in debts.

Alerts
Retreat: Secretary of Labor Withdraws Expansive Informal Guidance on Joint Employment & Independent Contractors
June 8, 2017
Michael L. Stevens

With little fanfare or explanation, US Secretary of Labor Alexander Acosta announced on June 7, 2017 the withdrawal of the US Department of Labor’s 2015 and 2016 informal guidance on joint employment and independent contractors.

Alerts
The Past Is Not Necessarily Prologue: New York City Bans Probes into Salary History
June 7, 2017
Michael L. Stevens

Following a recent trend that started in Massachusetts and the City of Philadelphia, New York City has become the latest jurisdiction to ban employers from inquiring about salary history for applicants.

Alerts
It’s Predictable: New York City Bans On-Call Scheduling
June 6, 2017
Michael L. Stevens

On May 30, 2017, New York City Mayor Bill de Blasio signed into law Bill 1387-A, which prohibits covered retail employers from engaging in so-called “on-call scheduling,” a practice that is very common and in many cases critical to the industry.

Press Release
Fifty Attorneys Recognized Among Nation’s Best by Legal 500
June 2, 2017

The 2017 edition of Legal 500 US has rated 50 Arent Fox LLP attorneys as national leaders in their field. In addition, 17 of the firm’s practice areas were ranked among the best in the country. Legal 500 highlighted Arent Fox’s extensive capabilities across a number of areas of the law.

Press Release
Chambers USA Ranks 32 Attorneys Among Nation’s Best
May 30, 2017

Chambers USA: America’s Leading Lawyers for Business has recognized 32 Arent Fox LLP attorneys as leaders in their field.

Fashion Counsel
New Revelations in the Leather Industry Put Western Footwear and Apparel Companies on their Back Feet
May 17, 2017
Lee M. Caplan, Anthony V. Lupo

A watchdog organization known as Transparentem has uncovered dire working conditions in the heavily polluted tanneries located outside of Dhaka in Bangladesh.

Fashion Counsel
New Wave of Shipping Fee Class Actions: High Steaks
May 8, 2017
Anthony V. Lupo, Matthew R. Mills, Diana S. Bae

Omaha Steaks International Inc. recently became the target of a proposed class action lawsuit, in which the company is accused of charging unreasonable shipping fees that were excessive compared to the company’s actual costs.

Fashion Counsel
In Benihana Case, Slicing & Dicing of Trademark Rights to Licensee Proves Problematic
March 31, 2017
Anthony V. Lupo, Diana S. Bae

A dispute that began with an unauthorized burger placed on a menu by a licensee recently culminated in the dismissal of the latest lawsuit between feuding factions of Benihana, the Japanese teppanyaki restaurant chain.

Fashion Counsel
WWD Names Arent Fox a Top Retail Practice
March 23, 2017
Anthony V. Lupo

Arent Fox’s Fashion Law group was recommended as one of the best retail practices in the country by WWD.

Fashion Counsel
Supreme Court Clarifies Availability of Copyright for Applied Art on Apparel
March 23, 2017
Ricardo Fischer, Anthony V. Lupo, Michelle Mancino Marsh

On March 22, 2017, the Supreme Court issued a ruling in Star Athletica, L.L.C. v. Varsity Brands, Inc., et al, No 15-866, clarifying that the Copyright Act protects applied artistic elements appearing on utilitarian objects, including apparel.

Fashion Counsel
The Next Wave of Class Action Lawsuits Against Fashion Retailers: Excess Shipping and Handling Fees
March 7, 2017
Anthony V. Lupo

Based on recent federal court filings in the Central District of California, it appears that plaintiff lawyers have found a new way to threaten retailers with class action litigation.

Alerts
Consumer Review Fairness Act of 2016
February 10, 2017
Anthony V. Lupo

The CRFA (2016) voids a contract if it prohibits or restricts an individual from reviewing a seller’s goods, services, or conduct.

Alerts
FTC Settlement Shows Agency Remains Focused on 'Made in USA' Claims
February 6, 2017

The Federal Trade Commission has announced a proposed settlement and consent order in its investigation of a US-based water filtration company.

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