Insights on Fashion & Retail Law

ArentFox Schiff Chairman Anthony V. Lupo was quoted on the bankruptcy filing of the luxury retail conglomerate, Saks Global — owner of Saks Fifth Avenue, Saks Off 5th, Bergdorf Goodman, and Neiman Marcus — on what brands can recover capital and product during a Chapter 11 filing.

Welcome to the January 2026 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.

The past year, global trade upended. Through aggressive use of tariffs under the International Economic Emergency Powers Act (IEEPA), expanded Section 232 investigations, and a sustained enforcement crackdown, the Trump Administration made good on US Trade Representative (USTR) Jamieson Greer’s promise to “remake the global order.” The result: a fundamentally different operating environment for importers.

As fashion brands enter 2026, supply-chain pressure, tariff uncertainty, and rising tech spend are accelerating interest in private equity (PE) partnerships.

The 2025 holiday retail shopping season is nearly a wrap. Consumers will be on the hunt for year-end discounts, and gift card purchases likely will surge over the coming days.

The use of artificial intelligence (AI) to generate digital representations of real or fictional people — “AI avatars” — offers new ways to build brands, drive engagement, and grow revenue by accelerating content creation and lowering production costs. It also raises the following important legal considerations.

Welcome to the December 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.

In a closely watched consumer protection lawsuit, a federal court has ruled that Chipotle’s loyalty rewards points are not “gift certificates” or “gift cards” under either New York or California law.

A clear, well-written terms of use agreement is essential for e-commerce sellers and online service providers seeking to manage the risk of litigation through provisions such as arbitration clauses and class action waivers.

A high‑stakes test of presidential tariff power took center stage on November 5 when the US Supreme Court (SCOTUS) heard consolidated arguments in Learning Resources Inc. v. Trump and V.O.S. Selections, Inc. v. Trump over sweeping, worldwide tariffs imposed under the International Emergency Economic Powers Act (IEEPA) to address “reciprocal” trade‑deficit measures and fentanyl trafficking.

ArentFox Schiff partner discusses what makes a strong leader, how to cultivate long-lasting client relationships, the realities of a global practice, and more.

Welcome to the November 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 June 12, 2023, Deckers Outdoor Corporation, owner of the UGG brand, sued Quince, an affordable fashion e-commerce company, alleging that Quince’s shearling lined boots infringed Deckers’ unregistered trade dress and one design patent (US Patent D927,161) (the “’161 Patent”) covering one of its most popular boots, the Classic Ultra Mini Boot.

ArentFox Schiff Chairman Anthony Lupo and Consumer Products Partner Michelle Mancino Marsh were quoted on the digital risks fashion and retail companies face as artificial (AI) intelligence becomes more common within the industry.

Welcome to the October 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 and Copyright Partner Danielle Bulger will moderate a panel on how companies are leveraging new consumer trends and technology at Brand Forward: Law, Retail & The Future, a conference hosted by The Fashion Law on October 9, 2025.

Consumer Products Industry Group co-leader, Lynn R. Fiorentino, presented at the 2025 American Conference Institute (ACI) Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products West Coast Edition.

More than two years after the Integrity, Notification, and Fairness in Online Retail Marketplaces (INFORM) for Consumers Act took effect on June 27, 2023, the United States, on behalf of the Federal Trade Commission (FTC), brought the first enforcement action under the Act.

Welcome to the September 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.

In an order filed on August 12, the US District Court for the Eastern District of California ruled that California’s Proposition 65 cancer warning requirement for certain listed forms of titanium dioxide (airborne, unbound particles of respirable size) in cosmetics and personal care products is unconstitutional under the First Amendment.

Columbia Sportswear and Columbia University both use the word mark “COLUMBIA” on apparel. To prevent confusion and avoid a trademark fight, the parties entered into a co-existence agreement in 2023 to let the University keep selling school merchandise but only if it paired “COLUMBIA” with clear references to the school (for example, “University,” the school shield, or “1754”).

Chairman Anthony Lupo and Fashion Group Co-Leader Michelle Mancino Marsh discussed the complexities and intellectual property (IP) concerns arising from the expansion of artificial intelligence (AI) in the fashion and retail industry. “AI will be a sea change not just for the fashion industry but for society as a whole,” Tony said.

Welcome to the August 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.

ArentFox Schiff delivered a complete victory for Tieks, a Los Angeles-based fashion brand known for its signature blue-soled flats, in a design patent-based investigation at the US International Trade Commission (ITC).

A typical tactic employed by retailers is to reduce the price of an item that has remained in a consumer’s shopping cart. This practice may now become illegal if those retailers fail to state, “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA.”