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...more
2/20/2025
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
CIPA ,
Class Action ,
Commercial Bankruptcy ,
Compliance ,
Data Privacy ,
E-Commerce ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Form I-9 ,
Immigration ,
Independent Contractors ,
Influencers ,
International Trade ,
Mergers ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
NAD ,
PFAS ,
Private Attorneys General Act (PAGA) ,
Public Health ,
Retailers ,
Supply Chain ,
Tariffs ,
Terms of Use ,
Tracking Systems ,
Trump Administration ,
Workplace Investigations
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. As compliance deadlines for these new...more
6/24/2024
/ Compliance ,
Cosmetics ,
Fashion Industry ,
Food and Drug Administration (FDA) ,
Medical Devices ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
PFAS ,
Product Labels ,
Product Packaging ,
Product Recalls ,
Registration Requirement
The fashion and retail industry experienced another year of considerable change in 2023. As advancements in artificial intelligence (AI) spurred innovation within the industry, consumers and regulators worldwide called for...more
1/30/2024
/ Acquisitions ,
Artificial Intelligence ,
California ,
Class Action ,
Consumers ,
Copyright Infringement ,
Corporate Transparency Act ,
Due Diligence ,
E-Commerce ,
Environmental Social & Governance (ESG) ,
Fabrics ,
Fair Use ,
Fashion Industry ,
FinCEN ,
Forced Labor ,
FTC Act ,
FTC Endorsement Guidelines ,
Initial Public Offering (IPO) ,
Innovation ,
Labor Code ,
Luxury Goods ,
Machine Learning ,
Mergers ,
New Legislation ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Professional Regulators ,
Ransomware ,
Real Estate Market ,
Reporting Requirements ,
Retailers ,
Sustainability ,
The Copyright Act
Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and...more
8/29/2023
/ Advertising ,
Artificial Intelligence ,
Automotive Industry ,
Biometric Information ,
Clean Energy ,
Clinical Trials ,
Confidentiality Policies ,
Cybersecurity ,
Data Protection ,
Data Security ,
Diagnostic Imaging Services ,
Disclosure Requirements ,
Distribution Rules ,
Driverless Cars ,
Energy Sector ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Equal Employment Opportunity Commission (EEOC) ,
Ethics ,
Family Offices ,
Fantasy Sports ,
Fashion Industry ,
Fraud and Abuse ,
Greenwashing ,
Healthcare ,
Hospitality Industry ,
Intellectual Property Protection ,
Labor Regulations ,
Life Sciences ,
Logistics ,
Long-Term Care ,
Machine Learning ,
Medical Devices ,
Medical Research ,
Nonprofits ,
Open Source Software ,
Pharmaceutical Industry ,
Popular ,
Prescription Drugs ,
Privacy Laws ,
Privately Held Corporations ,
Regulatory Agenda ,
Renewable Energy ,
Retailers ,
Software ,
Sports ,
Sports Betting ,
Technology Sector ,
Vehicle Navigation Systems
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,...more
8/17/2023
/ Advertising ,
Artificial Intelligence ,
Compensation ,
Confidential Information ,
Data Security ,
Distribution Rules ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Ethics ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
Machine Learning ,
Open Source Software ,
Reliability Standards ,
Retail Market ,
Retailers ,
Software
The Act aims to hold fashion retail sellers and manufacturers accountable for their social and environmental impacts through broad supply chain due diligence and public reporting requirements. The fashion industry recognizes...more
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....more
In today's episode of Fashion Counsel, AFS Chairman Anthony Lupo is joined by Brian Schneider to discuss how brands can find the balance between risk and control over downstream pricing by wholesalers and retailers, while...more
In today's episode of Fashion Counsel, AFS Chairman Anthony Lupo is joined by Brian Schneider to discuss how brands can find the balance between risk and control over downstream pricing by wholesalers and retailers, while...more
On November 3, 2022, two consumers filed a putative class action complaint against a fast fashion company, claiming that the apparel company’s “Conscious Choice” clothing line deceived consumers into buying products labeled...more
In this Fashion Counsel video, Anthony Lupo and Dan Jasnow break down what e-commerce will look like as the metaverse continues to evolve.
NFTs are only just a small piece of the puzzle as companies strive toward merging the...more
Between consumer demand for more transparency and anticipated 2023 privacy laws, companies may be vulnerable to class action lawsuits. Anthony V. Lupo invites Privacy, Cybersecurity, and Data Protection Partner Eva J. Pulliam...more
10/5/2022
/ Adtech ,
Bots ,
Class Action ,
Consumer Privacy Rights ,
Cookies ,
Data Privacy ,
Fashion Industry ,
Internet Retailers ,
Metaverse ,
Online Advertisements ,
Privacy Laws ,
Privacy Policy
In a first-of-its-kind case, the Federal Trade Commission required Fashion Nova to pay $4.2 Million for blocking negative customer reviews in violation of the FTC Act. Shortly after, the agency released new guidance for...more
The New York State Fashion Sustainability and Social Accountability Act (S7428/ A8352) (Fashion Act) would require fashion retailers and manufacturers doing business in New York State to comply with stringent supply chain...more
In this video episode of Fashion Counsel, Arent Fox Fashion & Retail Leader Anthony Lupo speaks with Consumer Products and Fashion & Retail Partner Angela Santos to discuss how companies can reduce import duties and prevent...more
The fashion industry is known for taking creative risks, so it is understandable that the industry is taking its next steps—literally—out of this world. Big name labels and innovative fashion start-ups are setting their...more
In this video episode of Fashion Counsel, Arent Fox Fashion & Retail Leader Anthony V. Lupo sits down with CFDA Award-winning and LVMH Prize semi-finalist Christopher John Rogers to discuss how COVID impacted his designs,...more
In this video episode of Fashion Counsel, Arent Fox Fashion & Retail Leader Anthony V. Lupo sits down with CFDA Award-winning and LVMH Prize semi-finalist Christopher John Rogers to discuss his background, how he became the...more
In an attempt to align with their clients' values, fashion companies have tried to manufacture and produce clothing that is ethically made and sustainable.
Both the US and the EU have started to monitor such claims and...more
As government officials begin to discuss reopening the economy, apparel brands should think about what preventative measures need to be implemented prior to reopening their retail locations across the country. While these...more
5/4/2020
/ Compliance ,
Coronavirus/COVID-19 ,
Customers ,
Employment Policies ,
Fashion Industry ,
Logistics ,
Personal Protective Equipment ,
Privacy Policy ,
Re-Opening Guidelines ,
Social Distancing ,
Supply Chain
As the coronavirus continues to wreak havoc globally, long-term business implications are imminent for US companies.
The fashion and retail industries are specifically affected due to the volume of goods produced in China,...more
3/11/2020
/ Business Interruption ,
Coronavirus/COVID-19 ,
Fashion Industry ,
Goods or Services ,
Imports ,
Infectious Diseases ,
Internet Retailers ,
Manufacturers ,
Public Health ,
Retailers ,
Supply Chain
The case is instructive because these fees must be a “condition of sale” to be dutiable. Therefore, it is critical for importers to review the specific circumstances of their import transactions before including or excluding...more
The Gap, Inc. recently settled a class action lawsuit alleging that the retailer employed a misleading pricing scheme in The Gap and Banana Republic outlets and factory stores. The plaintiffs claimed that the company, which...more
In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and Master Perfumer and CEO of DreamAir Christophe Laudamiel discuss how to find your signature scent, how a scent is made, and what notes don’t mix...more