IN FASHION 2019
Kelley Drye’s 5th Annual Fashion and Retail Law Summit

On January 17, 2019, Kelley Drye will host the fifth annual IN FASHION: Fashion and Retail Law Summit for executives and in-house counsel. Kelley Drye lawyers and thought leaders from some of the world’s top fashion and retail companies will convene for a full day of presentations on hot button issues that impact the business.

This complimentary event is by invitation only. This year’s seminars will feature sessions on advertising, customs and trade, employment, intellectual property, government relations, litigation, privacy and data protection, blockchain and litigation. If you or a colleague are interested in receiving an invitation, please contact infashion@​kelleydrye.​com.

KEYNOTE SPEAKER

Josie C. NatoriCEO and Founder of The Natori Company
wwww​.natori​.com

IN FASHION 2019 PROGRAMS

• Welcome Remarks
  Kelley Drye will welcome attendees and speakers to the 5th Annual In Fashion Summit.

• Keynote with Josie Natori
  Introductory remarks by special guest, Anne Keating, Brand Consultant & Philanthropy Advisor and moderated by Andrea Calvaruso, partner and chair of the Trademark and Copyright Practice at Kelley Drye.

• Dressed to Kill: Hot Button Issues for In-House Counsel
  Retail is under attack from all sides. Christie Grymes Thompson, chair of the Advertising and Marketing and Consumer Product Safety practice groups, and Josh Beser, General Counsel of Away and Marc Goldfarb, SVP and General Counsel of Kenneth Cole Productions, will discuss some of the legal issues currently affecting both brick and mortar and e-commerce retailers and how they have prepared their organizations to be ready to counterattack.

• Luxury Resale or Unauthorized Retail?
  A proliferation of websites claiming to offer ​“REAL” authenticated luxury goods for sale at ​“deep discounts” have been a persistent thorn in the side of fashion brands. While mere resale of genuine products is not actionable, other behavior may provide a basis for viable legal claims. Will recently filed cases ultimately provide more guidance? Might patent protection or other practices put a luxury brand on better footing? What behavior warrants an objection in this legal environment where declaratory judgment actions are so in vogue? Intellectual Property partners Andrea Calvaruso and Michael Zinna will discuss these issues and more related to third company uses of brand names in an arguably ​“fair” way to promote their own goods and services.

• Investigations in a #MeToo World
  New and frightening allegations of #MeToo sexual harassment in the workplace continue to make headlines. Scarier still, companies often overlook that #MeToo allegations may require a call to your Board of Directors—or your criminal defense lawyers. When the story breaks, how do you conduct an effective workplace investigation? And when do you need to let your Board of Directors (and criminal defense counsel) know? Labor and Employment partner Mark Konkel moderates a discussion with Barbara Hoey, Chair of the Labor and Employment group.

• Smart Casual: Technology’s Impact On Customer Experience And Global Retail Challenges
  Technology is transforming how consumers interact with brands, pushing the limits of what apparel can do, and part of the solution to global sustainability challenges. Advertising and Digital Media and Technology partner Kristi Wolff and Natasha Franck, Founder and Chief Executive Officer of EON, will discuss the intersection of fashion, technology, and sustainability, and how they fit in with existing law and related consumer protection considerations.

• From Source to Rack, Consumer and Beyond: How the Fashion and Retail Industries Can Leverage Blockchain Technology
  Blockchain began nearly a decade ago as the technology underpinning the digital currency of bitcoin. Now, it has the potential to revolutionize the fashion and retail industries. This technology may be used to tell the story of an item’s origins, root out counterfeit goods and gather consumer data. Still, as a relatively new technology, there are several practical, legal and compliance issues to consider. Kelley Drye partner Matt Luzadder and fashion and media futurist and Co-Founder and Director of Innovation of the MouthMedia Network, Charles Beckwith, will discuss the basics of blockchain, its use in the fashion and retail industries and the path forward for this technology. This discussion will go beyond the theoretical and explore current applications of blockchain technology in fashion and retail.

• Made in the Plaintiffs’ Bar: Consumer Litigation Trends in the Fashion and Retail Industries
  From high-profile luxury labels to mom-and-pop stores, consumer litigation is an ever-present and growing threat for many fashion and retail brands. Special counsel Jaclyn Metzinger will moderate a discussion with Consumer Protection Litigation partner Lauri Mazzuchetti and Taraneh Marciano, DVP, Senior Litigation & Regulatory Counsel at Hudson’s Bay Company, on the latest consumer litigation trends impacting these industries and what fashion and retail brands can do to avoid major litigation missteps.

• Surfin’ CCPA: Understanding the New California Consumer Privacy Act
  In July 2018, California passed the California Consumer Privacy Act – a sweeping and confusing law – to avoid a ballot initiative slated for the November election that could have been much worse. Although the CCPA has been compared to the European Union’s GDPR, the two laws are different enough that compliance with one won’t mean compliance with the other. Privacy and Information Security chair Dana Rosenfeld and Advertising Law partner Gonzalo Mon will discuss the CCPA, how it compares to GDPR and FTC guidance, whether possible federal privacy legislation will preempt the law, and measures companies can take now to prepare for the January 2020 effective date.

• Catch A Wave: Are California Regulations Just A Trend or Do They Forecast Changing Consumer Sentiments?
  This panel will discuss California-specific regulatory pressures on manufacturers and retailers in the fashion/apparel industry. We’ll cover the California Transparency in Supply Chains Act requirements, various product specific bans, California’s Prop 65 chemical warning requirements for consumer products, and a host of new labor & employment laws that were passed in California in 2018. Kelley Drye partner Larry Lasoff along with special counsel Joe Green will talk about whether these regulatory pressures are consumer-driven and if they are the beginning of a national/international trend that manufacturers and retailers will need to pay attention to. We’ll also offer strategies for compliance and how to minimize the risk of litigation.

• Navigating The U.S.-China Trade War
  The U.S.-China trade war has reached the fashion industry. Starting September 24, 2018, the Trump Administration imposed tariffs of 10% on many textile and fashion products and these tariffs increased to 25% on January 1, 2019. This is already causing disruption in the fashion industry’s supply chains and is predicted to have wide-ranging negative impact on consumers, companies, and jobs. Customs special counsel Jennifer McCadney and Daniel Nadel, Associate Counsel at Humanscale will review 1) How we got here – how did these tariffs originate, how long might they be in place, will there be more? and 2) What steps importers can take to help their company avoid or reduce the impact of the tariffs.

• The View From Capitol Hill: What to Expect from the Newly Elected Congress and the Trump Administration in 2019
  Kelley Drye Government Relations co-chairs Paul Rosenthal and Dana Wood will provide a look ahead at the key policy issues facing the President and the 116th Congress – including international trade, privacy and data security, taxes, immigration and infrastructure.

GUESTS SPEAKERS AND MODERATORS

Charles Beckwith
Co-Founder and Director of Innovation
MouthMedia Network

Josh Beser
General Counsel
Away

Natasha Franck
Founder and Chief Executive Officer
EON

Marc Goldfarb
SVP and General Counsel
Kenneth Cole Productions

Anne Keating
Brand Consultant & Philanthropy Advisor

Taraneh Marciano
DVP, Senior Litigation & Regulatory Counsel
Hudson’s Bay Company

Daniel Nadel
Associate Counsel
Humanscale

CLE

Kelley Drye is an accredited provider of NY, IL, CA and TX CLE. This continuing legal education program will offer California, Illinois and Texas credit and New York non-transitional credit. This program has been approved for, 6.0 NY Professional Practice credits, 5.0 IL General credits, and 5.0 CA General credits and 5.0 TX General credits. In accordance with the requirements of the New York State CLE Board, this non-transitional CLE program is not approved for newly-admitted attorneys within the first two years of admission to the Bar. We will apply for CLE credit in other jurisdictions, upon request, but cannot guarantee approval. If you are interested in applying to receive CLE credit, please include your desired jurisdiction and your bar registration number when you register.