Insights on Fashion & Retail Law

The US House of Representatives has passed legislation that would amend the Americans with Disabilities Act in an effort to stem “drive-by” lawsuits.

In a Forbes interview, Fashion leader Anthony Lupo touched on a number of topics, including the state of the fashion industry and evolving client expectations.

This analysis will help retailers, creditors, vendors, and opportunistic investors who are poised to take advantage of the recent trend in bankruptcy cases.

Fashion Law leader Anthony Lupo spoke with WWD on a recent trend by companies to bring provocative (and critical) social media voices into their fold.

The Tax Cuts and Jobs Act (December 2017) ushered in significant changes to the wealth transfer tax system.

The DOL will adopt the “primary beneficiary” test endorsed by those courts in evaluating internships sponsored by private employers.

The US Court of Appeals ruled that Lanham Act’s statutory ban on “immoral or scandalous” trademarks violates the First Amendment and is thus unconstitutional.

FCRA claims have been on the rise, particularly those alleging employers’ background check authorization forms contain unlawfully extraneous information.

NLRB recently overturned a case that had established a standard for evaluating the legality of employer handbook policies.

Peter Robb, the new General Counsel of NLRB, issued a memorandum in December 2017 entitled “Mandatory Submissions to Advice.”

In this episode of Fashion Counsel, Anthony Lupo and Aram Ordubegian discuss the different routes a struggling retailer can take when facing bankruptcy.

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

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

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

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

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

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

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

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.

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.

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

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.

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.

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.

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.