In Fashion: Kelley Drye Fashion & Retail Law Summit

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Please join Kelley Drye & Warren LLP for a complimentary full-day seminar on Thursday, January 21, as we discuss the latest legal and regulatory issues facing executives and in-house counsel in the fashion and retail sectors. Kelley Drye lawyers and executives from some of the world’s top fashion companies will discuss hot button issues impacting the industry, including advertising, bankruptcy, customs and trade, employment, intellectual property, litigation, privacy and wearable technologies.

If you are interested in receiving an invitation, please contact infashion@​kelleydrye.​com.

Summit Highlights

Social Media is the New Black: Best IP Practices For the Digital Age

Social media and other digital platforms are becoming increasingly more integral to the promotion and sale of goods and services. These trendy tactics can trigger issues related to right of publicity, false endorsement, and fair use, among others. Moderated by Trademark and Copyright partner Andrea L. Calvaruso, panelists Taraneh Marciano, Director, Senior Counsel at Hudson’s Bay Company and Ashley Walkley, Director, Brand + Strategic Initiatives at Dogeared will discuss some of the top IP issues that retailers and brand owners face.

Buckling Down on Patent Trolls: New Strategies For A Perennial Problem

Retailers are among companies most often hit with patent litigation filed by so-called ​“patent trolls.” Indeed, before new pleading rules went int o effect December 1, 2015, plaintiffs filed patent lawsuits like they were going out of style. What does this deluge of patent cases mean for fashion and retail companies and how can they use new approaches to challenge trolls in a more meaningful way? Patent litigator Michael J. Zinna will break it down.

Taken to the Cleaners: Defending Your Brand When a Licensee or Licensor Goes Bankrupt

With brand licensing accounting for $29 billion in annual retail revenue in 2014, it is critical for companies in the fashion industry to understand how licensing rights are affected when a licensee or licensor files for bankruptcy. Kelley Drye Bankruptcy and Restructuring lawyer, Kristin S. Elliott, will discuss how bankruptcy impacts licensing rights, including options for protecting your brand and maximizing value when faced with a distressed licensing counterparty.

Doing Well by Doing Good: Law and CSR in the Fashion Industry

The fashion sector is at the forefront of driving economic, social, and environmental responsibility globally. Companies often define their commitment to these issues with Corporate Social Responsibility (CSR) policies developed in an effort to meet legal requirements in such areas as customs, environmental, anti-bribery, child labor, product safety, and animal welfare. In other instances, these policies respond to concerns from customers and shareholders, and they can also be used as elements of their marketing programs. Moderated by Kelley Drye International Trade attorney, Laurence J. Lasoff, along with panelists Tiffany Teaford, Commercialization Manager at The ORVIS Company and Mary Cally, Director of Branded Production at Kahn Lucas will discuss key elements of their company’s CSR policy, what the principal incentives were to set up a CSR program, and how these policies are enforced up the supply chain.

What You Can’t Afford to Discount: Protecting Your Company from FCPA Risks

Over the last decade, Foreign Corrupt Practices Act (FCPA) enforcement has become a priority for the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC). The U.S. government has focused on criminal prosecutions of company officials and collected billions from corporations in settlements. Companies in the fashion and retail industries have also become more frequent targets of enforcement actions. Developing an effective global anti-corruption compliance program is critical to protecting your company and to doing business ethically in a challenging global environment – where some foreign officials see bribes as a normal part of the business process. Julian Solotorovsky, partner and chair of the White Collar Crime and Investigations practice group, will analyze the basic elements of the FCPA; recent enforcement trends, and discuss the strengths and weaknesses of FCPA compliance programs.

Class Action Flavor of the Month: Trends and Tips for Managing Litigation Risk

From wage and hour to privacy and data security, companies face potential class action litigation in every size and color. Kelley Drye Litigation partner, Michael C. Lynch and Courtney Braun, Vice President & Associate General Counsel, WME”,“IMG will discuss class action trends affecting retailers and fashion brands, highlight key cases to watch, and provide a checklist for managing risk and preparing for potential class actions.

Out in Front: LGBT Rights in the Workplace

With the right to same-sex marriage established, the workplace is likely the next civil rights frontier. While Title VII does not expressly prohibit discrimination against LGBT individuals, the EEOC has won favorable Title VII decisions based on ​“sexual stereotyping” allegations. The DOJ and the OFCCP are also backing such theories, while Congress considers federal legislation protecting the LGBT population. This session, presented by Kelley Drye Labor and Employment partners, Barbara E. Hoey and Mark A. Konkel, will focus on key questions employers face when balancing obligations to their business and employees.

When Your Employees Hit the Runway: Protecting Your Business Assets With Restrictive Covenants

Restrictive covenants can help brands and retailers protect their tangible and intangible business assets, including customer relationships, trade secrets, and other intellectual property that provide a competitive advantage. However, while they are generally enforceable, restrictive covenants are disfavored in the law. Kelley Drye Litigation partners Robert I. Steiner and David I. Zalman will share considerations for drafting a restrictive covenant, cautionary tales from court, and tips for the ​“kiss goodbye” when an employee departs.

Advertising Lightning Round: Strategies to Avoid a Strike (Once or Twice)

Clouds are building that affect how retailers and fashion brands advertise and market products, including how they advertise sale prices, use endorsers and social influencers, and make performance claims about clothing. To navigate the storm, Christie Grymes Thompson, chair of the Advertising and Marketing and Consumer Product Safety practice groups, will provide a fast-paced update on the most significant developments that companies should have on their radar.

Style Meets Sophistication: Where is Wearable Tech Taking Us?

In just a few years, wearable technology has become a ubiquitous tool for tracking steps, measuring heart rates, and taking calls.  But where is it taking us beyond that?  And what are the consumer privacy considerations for companies?  Join Dana B. Rosenfeld, partner and chair of the Privacy and Information Security practice group, and special counsel Kristi L. Wolff. along with Sandra Lopez, Sr. Director, Strategic Alliances for Wearables, Intel Corporation, in a discussion and audience Q&A on this emerging topic.

Promoting Your Brand: Sweepstakes, Contests, and Other Promotions

Sometimes, companies need more than a good product and a good price to attract customers. Sometimes, they need to make a splash with a big sweepstakes, contest, or other type of promotion. But as technology changes and marketers come up with more creative ideas, lawyers also need to change the way they think about promotions and come up with creative ways to make sure they balance business strategies with murky laws. Kelley Drye Advertising Law partner, Gonzalo E. Mon, will discuss the legal landscape and provide tips to help you promote your brand.

Additional sessions will be announced.

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