Topics

Advertising

FTC Finalizes Revisions to the Endorsement Guides, Proposes New Rule for Consumer Reviews and Testimonials and Updates FTC Staff Guidance Lizama et al. v. H&M: A Lesson in Artful Crafting of Green Claims CFPB’s New Interpretive Rule Sets Sights on Digital Marketing Vendors

Advertising & Promotions

The Latest Win for Apple: Dismissal of Class Action about iPhones California Passes Sweeping Package of “Green” Bills FTC Signals Plan to Enforce Civil Penalties for Deceptive Endorsements

Antitrust

Restrictive Covenants in Real Estate: Next Antitrust Enforcement Target?Selective Distribution Systems and Bans on Sales of Luxury Products via Online Market Platforms: Initial Thoughts on the CJEU’s Coty Judgment “E-Commerce must live up to its promise…”

At the Podium

Facing a Blizzard of Legal Challenges as In-House Counsel How to Protect Your Brand Crisis Management in the Fashion and Retail Industry

Bankruptcy

Fashionista’s Guide to Bankruptcy: What Every Designer Needs to Know to be Protected in Times of Economic Uncertainty

California

California Legislature Strikes at Confidentiality Clauses in Consumer Refunds and Settlement Agreements

Changes In Law

Safety First for Retailers — New York Boosts Retail Safety with Mandatory Workplace Violence Prevention Plans, Annual Training Requirements and Panic Buttons Farewell, Chevron: Navigating Corporate Regulation Under Loper Bright New California Bill Seeks to Eliminate Certain Food Additives

Consumer Protection

Federal Trade Commission Focused on Right to Repair Restrictions Court Orders Injunctive Relief Against Tech Company for Deceptive Advertising, Unfair Fee Practices CFPB’s New Interpretive Rule Sets Sights on Digital Marketing Vendors

Copyrights

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo Supreme Court Holds that a Copyright Claimant May Commence an Infringement Suit Only After the Copyright Office Registers the Copyright An Uphill Battle Protecting Fashion Designs In Nigeria and Abroad

Coronavirus

OSHA Emergency Temporary Standard Survival Guide San Francisco Mandates Proof of Full Vaccination for Entry Into Many Establishments Face-Covering Considerations for Retailers in a Post-Color Tiered California

corporate

Farewell, Chevron: Navigating Corporate Regulation Under Loper Bright FTC’S New “Disclosures 101” Publication And Video Is A Shout Out To Influencers

Corporate Transactions

Avoiding Formation Challenges To Your Arbitration Clause With Consumers Members Of The Fashion and Retail Industry: Trade Secret Claims Are In Vogue These Days An Arbitration Clause Health Check

Cosmetics

No Reason to Blush “Good Genes?”: Maybe Not. FTC Takes Action Against Sunday Riley and Sunday Riley Modern Skincare, LLC For Employees False Reviews Too Good To Be True: FTC’s Crackdown On L’Occitane’s Body Slimming Almond Extracts

Ecommerce & Omnichannel

Georgia Online Marketplace Updates Prove Controversial Website Accessibility Litigation Continues to be Costly and There is No Easy Fix Brush Up On Your Opt-Outs: Calif. AG Signals Mobile App Investigative Sweep

endorsements

Some Press is Bad Press: False Light in the Modeling Industry After Four Decades, FTC Announces Regulatory Review of The Endorsement Guides: What Does This Portend for Digital Advertisers and Social Media Platforms?FTC’S New “Disclosures 101” Publication And Video Is A Shout Out To Influencers

Enforcement of Fashion Laws

Seeking to Stop Deceptive ‘MADE IN USA’ Claims, the FTC Takes Action Against Brandnex FTC’S New “Disclosures 101” Publication And Video Is A Shout Out To Influencers No Future for Fur in the Golden State?

Environmental

PFAS Questions Every Company Needs to Ask Now: Have Any of Our Products Contained PFAS? Do We Use PFAS at Any of Our Facilities?How to Succeed in Environmental Marketing Claims PFAS Regulations Could Open Floodgates to Prop 65 Enforcement – Assess & Manage Your Exposure Now

Events

A Day in the Life of an In-House Fashionista: "Fashion Beat the Clock"

Fashion Cases

Seeking to Stop Deceptive ‘MADE IN USA’ Claims, the FTC Takes Action Against Brandnex FTC’S New “Disclosures 101” Publication And Video Is A Shout Out To Influencers Rah! Rah! Sis Boom Bah! Supreme Court to Decide Whether Copyright Act Protects Cheerleader Uniform Designs

Finance

FTC to Increase Enforcement Against “Dark Patterns” Directed at Consumers Fashionista’s Guide to Bankruptcy: What Every Designer Needs to Know to be Protected in Times of Economic Uncertainty

Food and Beverage

New Bills Being Served Up That May Soon Impact Food Retailers and Manufacturers

FTC

Farewell, Chevron: Navigating Corporate Regulation Under Loper Bright FTC Finalizes Revisions to the Endorsement Guides, Proposes New Rule for Consumer Reviews and Testimonials and Updates FTC Staff Guidance Restrictive Covenants in Real Estate: Next Antitrust Enforcement Target?

Global Trade

Trump Tariffs Survival Guide: 10 Strategies for U.S. Importers A Trade War on Two Fronts: U.S. Considers More Tariffs on European Goods Importers Beware: 10 Things You Must Know About the Emergence of High-Stakes Customs Audits

Government Regulations

Brush Up On Your Opt-Outs: Calif. AG Signals Mobile App Investigative Sweep Colorado’s Retail Delivery Fee A Trade War on Two Fronts: U.S. Considers More Tariffs on European Goods

IP/Brand Protection

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo Some Press is Bad Press: False Light in the Modeling Industry Supreme Court Holds that a Copyright Claimant May Commence an Infringement Suit Only After the Copyright Office Registers the Copyright

Labor & Employment

Safety First for Retailers — New York Boosts Retail Safety with Mandatory Workplace Violence Prevention Plans, Annual Training Requirements and Panic Buttons PAGA Reimagined: A New Chapter for California’s Employers and Employees Non-Compete No More? FTC Proposes Broad Ban of Non-Compete Agreements

Labor and Employment

The Push for Pay Transparency: New Laws in 2023 California Passes Law Establishing New Wage and Hour Requirements for Employers in the Garment Industry To Defer or Not Defer? IRS Issues Guidance Temporarily Delaying the Collection of Social Security Taxes

Miscellaneous

Seeking to Stop Deceptive ‘MADE IN USA’ Claims, the FTC Takes Action Against Brandnex Proposition 65: California Clarifies Responsibilities To Warn Amongst Manufacturers, Distributors and Retailers Buy American and Hire American – New Executive Order Promises to Put American Workers First, But Practical Impacts Remain Unclear

PFAS

PFAS Questions Every Company Needs to Ask Now: Have Any of Our Products Contained PFAS? Do We Use PFAS at Any of Our Facilities?

Pricing

Best Practices for In-Store and Curbside Pickup NY’s Gendered Pricing Law: Will It Curb the Pink Tax Coronavirus And The Retail Industry: Pricing and Advertising Issues

Privacy

State Privacy Law Roundup: What Retailers Need to Know Brush Up On Your Opt-Outs: Calif. AG Signals Mobile App Investigative Sweep California Governor Pulls the Plug on Genetic Information Privacy Act

Product Safety & Liability

California’s Toxic-Free Cosmetics Act Bans 24 Ingredients From Cosmetic Products

Prop 65

The Intersection of Prop 65 and Free Speech: A Recent Win for Businesses Get Your Prop 65 House in Order for the New Year Proposition 65: California Clarifies Responsibilities To Warn Amongst Manufacturers, Distributors and Retailers

Retail

California Legislature Strikes at Confidentiality Clauses in Consumer Refunds and Settlement Agreements Safety First for Retailers — New York Boosts Retail Safety with Mandatory Workplace Violence Prevention Plans, Annual Training Requirements and Panic Buttons Website Accessibility Litigation Continues to be Costly and There is No Easy Fix

rights of publicity and privacy

Some Press is Bad Press: False Light in the Modeling Industry FTC’S New “Disclosures 101” Publication And Video Is A Shout Out To Influencers

Sales Tax

The Expanded Reach of States for Sales & Use Tax Purposes – More Than Just e-Commerce Retailers are Impacted Maryland Breaks Ground with Digital Advertising Tax

Social & Governance

Will U.S. Customs Seize Your Presumptively Illegal Apparel? Compliance with the Uyghur Forced Labor Prevention Act California Passes Sweeping Package of “Green” Bills

Supply Chain

Will U.S. Customs Seize Your Presumptively Illegal Apparel? Compliance with the Uyghur Forced Labor Prevention Act New York Fashion Sustainability Act: Now In Committee Sow What Now?: Cal. Hispanic Chambers of Commerce et. al. v. Ross et. al., The U.S. Supreme Court, and California’s Proposition 12

Tax

Colorado’s Retail Delivery Fee The Expanded Reach of States for Sales & Use Tax Purposes – More Than Just e-Commerce Retailers are Impacted Monumental Shift in Sales Tax Collection Requirements for Remote Retailers

trade dress

FTC’S New “Disclosures 101” Publication And Video Is A Shout Out To Influencers

trademarks

Takeaways from the Hermès Litigation over MetaBirkins NFTs Some Press is Bad Press: False Light in the Modeling Industry A Trade War on Two Fronts: U.S. Considers More Tariffs on European Goods

Uncategorized

California Municipalities Move Closer to Requiring Hazard Pay for Grocery and Pharmacy Workers Highlighting Initiatives Fighting Racial Inequity: Glossier Supports Entrepreneurs and Sheppard Mullin Trains Police Departments

unfair competition

Some Press is Bad Press: False Light in the Modeling Industry FTC’S New “Disclosures 101” Publication And Video Is A Shout Out To Influencers