Fashion and Retail
Fashion and Retail
In the fashion, luxury and retail business, having a trusted brand is key. Companies must protect the value and reputation of their brands and related intellectual property.

We have decades of experience representing the most recognized names in fashion, luxury goods, retail apparel and consumer products in areas of law that include advertising law, bankruptcy, corporate, employee benefits, international trade, IP, labor and employment, regulatory issues, litigation and product safety, among others.  Our team understands the particular challenges these companies face in developing and protecting those key assets, complying with consumer product safety and consumer protection regulations, managing the import and export of goods, handling employment issues, and enforcing and defending their rights in litigation before U.S. Courts and other tribunals.

Our national practice combines attorneys from New York, Washington, D.C., Los Angeles, Stamford and Parsippany to represent clients in the full scope of advisory, regulatory, transactional and litigation matters that concern companies in this sector.  We represent manufacturers, retailers, wholesalers, brand owners and fashion houses in matters arising throughout the course of business, including in the following issue areas:

Trademark and Copyright–We represent and advise fashion and retail clients in all aspects of trademark and copyright practice, including clearance, prosecution, maintenance and enforcement of trademarks and copyrights worldwide; distribution and licensing arrangements; grey market and counterfeiting issues; marketing practices; and adversarial proceedings in U.S. Federal District Court, U.S. Trademark Trial and Appeal Board (TTAB) and ICANN Domain Dispute proceedings.  The international flavor of Kelley Drye’s practice has proven advantageous in handling the diverse legal problems of the globalized economy.  Our Trademark and Copyright practice is ranked by Chambers, Legal 500 and in the report of Best Law Firms published by U.S. News and Best Lawyers.

Patent–Our patent attorneys perform a significant amount of opinion work, counseling and prosecution for fashion and luxury goods, retail apparel and consumer goods companies.  We handle litigation, prosecution, portfolio management, licensing and clearance in patent matters across all technical disciplines.  Our capabilities include searching, preparing and prosecuting U.S. and foreign patents; counseling on all aspects of patent acquisitions, term extensions, transfers and licensing, including related regulatory issues such as antitrust considerations; advising clients on right-to-use disputes; providing strategic advice on matters such as infringement avoidance, alternative dispute resolution and settlement options; conducting due diligence on IP and patent assets in connection with corporate mergers and acquisitions, and joint venture, co-marketing and investment agreements; and supervising audits identifying and evaluating IP and patent assets, and implementing comprehensive “best practices” IP management programs.

Advertising and Marketing–Our advertising attorneys have significant experience helping brand owners and retailers substantiate advertising claims, develop product labels, execute preventative marketing strategies and challenge competitors’ claims.  Our Advertising and Marketing practice has a national reputation for excellence.  The group is ranked by Chambers USA and by U.S. News and Best Lawyers in Tier 1 – National for Advertising Law, recognizing the firm’s prominent position in the advertising sector with impressive coast-to-coast coverage.

International Trade–Our leading international trade attorneys guide clients through complex trade rules and restrictions to successfully import and export their products and services.  We have worked in every substantive area in customs law, including entry process; classification, valuation, country of origin and marking; admissibility, quotas and other importing restrictions; duty savings opportunities such as bilateral and multilateral trade agreements; preferential trade programs; drawback; Foreign Trade Zones; “First Sale”; Temporary Importation under Bond and Bonded Warehouses; internal compliance reviews, recordkeeping and compliance programs; focused assessments and audits; penalty proceedings and liquidated damages claims; seizures and forfeitures; Customs-Trade Partnership Against Terrorism and other security measures; ruling requests; and protests and other administrative and judicial challenges.  This group is nationally ranked by Chambers USA and consistently named a Law360 practice group of the year.

Consumer Product Safety–Our consumer product safety attorneys regularly advise fashion and retail clients on internal compliance programs and the difficult issues of how and when potentially hazardous consumer products must be reported to the CPSC.  Our attorneys have particular familiarity with drawstrings, which have been the target of numerous CPSC actions.  In the event that a manufacturer is faced with a product recall, we collaborate with our client and CPSC staff to develop and implement cost-effective communications programs that satisfy product liability concerns quickly while minimizing potential penalties.  If the CPSC threatens to or brings enforcement actions, clients count on us to provide appropriate strategies that protect corporate interests and preserve business momentum.

Privacy and Information Security–In the course of conducting business, retailers are subject to various state and federal laws regulating the collection, use and disclosure of customer information.  At the forefront of this evolving area of law, we help companies minimize risk while meeting their legal and contractual obligations.  With a team that includes several former FTC officials and a deep bench of consumer protection law practitioners, we are uniquely positioned to guide clients through all aspects of privacy and data security matters.

Labor and Employment–Our labor and employment attorneys have represented the interests of employers for more than 60 years.  We appear on their behalf before federal, state and local agencies in matters involving traditional labor relations, wage and hour issues, employment contracts, wrongful discharge, harassment and hostile environment, and employment discrimination claims.

Employee Benefits and Executive Compensation–We provide clients with comprehensive legal and counseling services that help them motivate talented employees, retain key executives and transition their workforces in times of change.  The firm advises on a spectrum of employee benefits and executive compensation programs, including retirement and welfare programs, executive compensation, and associated legal and tax issues.

Corporate–We have capabilities to support fashion industry start-ups and established brands alike with the legal aspects of achieving business success, from supporting major strategic moves to forming alliances; from funding growth to dealing with core operational challenges.

Bankruptcy–We represent landlords, owners and developers of shopping centers, and purchasers of real property and real property leases.  The firm has confronted virtually every bankruptcy and real estate issue that may arise in a retail bankruptcy case.  We have established relationships with retail liquidators, retail consultants, asset-based lenders and most retail debtors’ counsel across the country.  Our lawyers are able to draw on these relationships to reach consensual resolutions of many issues.  This translates directly into substantial savings for our clients.

Litigation–Throughout the firm’s history of more than 170 years, our litigators have guided clients through the thicket of business litigation.  Protecting a brand name in the highly competitive environment of retail and consumer products and dealing with advertising issues, antitrust, unfair competition and intellectual property claims requires the guidance of skilled professionals who understand how to protect and preserve a brand and its intellectual property.  We have handled all types of litigation centered on brands and related intellectual property and have tried significant cases to protect both patents and trademarks.

 
 

Overview

In the fashion, luxury and retail business, having a trusted brand is key. Companies must protect the value and reputation of their brands and related intellectual property.

We have decades of experience representing the most recognized names in fashion, luxury goods, retail apparel and consumer products in areas of law that include advertising law, bankruptcy, corporate, employee benefits, international trade, IP, labor and employment, regulatory issues, litigation and product safety, among others.  Our team understands the particular challenges these companies face in developing and protecting those key assets, complying with consumer product safety and consumer protection regulations, managing the import and export of goods, handling employment issues, and enforcing and defending their rights in litigation before U.S. Courts and other tribunals.

Our national practice combines attorneys from New York, Washington, D.C., Los Angeles, Stamford and Parsippany to represent clients in the full scope of advisory, regulatory, transactional and litigation matters that concern companies in this sector.  We represent manufacturers, retailers, wholesalers, brand owners and fashion houses in matters arising throughout the course of business, including in the following issue areas:

Trademark and Copyright–We represent and advise fashion and retail clients in all aspects of trademark and copyright practice, including clearance, prosecution, maintenance and enforcement of trademarks and copyrights worldwide; distribution and licensing arrangements; grey market and counterfeiting issues; marketing practices; and adversarial proceedings in U.S. Federal District Court, U.S. Trademark Trial and Appeal Board (TTAB) and ICANN Domain Dispute proceedings.  The international flavor of Kelley Drye’s practice has proven advantageous in handling the diverse legal problems of the globalized economy.  Our Trademark and Copyright practice is ranked by Chambers, Legal 500 and in the report of Best Law Firms published by U.S. News and Best Lawyers.

Patent–Our patent attorneys perform a significant amount of opinion work, counseling and prosecution for fashion and luxury goods, retail apparel and consumer goods companies.  We handle litigation, prosecution, portfolio management, licensing and clearance in patent matters across all technical disciplines.  Our capabilities include searching, preparing and prosecuting U.S. and foreign patents; counseling on all aspects of patent acquisitions, term extensions, transfers and licensing, including related regulatory issues such as antitrust considerations; advising clients on right-to-use disputes; providing strategic advice on matters such as infringement avoidance, alternative dispute resolution and settlement options; conducting due diligence on IP and patent assets in connection with corporate mergers and acquisitions, and joint venture, co-marketing and investment agreements; and supervising audits identifying and evaluating IP and patent assets, and implementing comprehensive “best practices” IP management programs.

Advertising and Marketing–Our advertising attorneys have significant experience helping brand owners and retailers substantiate advertising claims, develop product labels, execute preventative marketing strategies and challenge competitors’ claims.  Our Advertising and Marketing practice has a national reputation for excellence.  The group is ranked by Chambers USA and by U.S. News and Best Lawyers in Tier 1 – National for Advertising Law, recognizing the firm’s prominent position in the advertising sector with impressive coast-to-coast coverage.

International Trade–Our leading international trade attorneys guide clients through complex trade rules and restrictions to successfully import and export their products and services.  We have worked in every substantive area in customs law, including entry process; classification, valuation, country of origin and marking; admissibility, quotas and other importing restrictions; duty savings opportunities such as bilateral and multilateral trade agreements; preferential trade programs; drawback; Foreign Trade Zones; “First Sale”; Temporary Importation under Bond and Bonded Warehouses; internal compliance reviews, recordkeeping and compliance programs; focused assessments and audits; penalty proceedings and liquidated damages claims; seizures and forfeitures; Customs-Trade Partnership Against Terrorism and other security measures; ruling requests; and protests and other administrative and judicial challenges.  This group is nationally ranked by Chambers USA and consistently named a Law360 practice group of the year.

Consumer Product Safety–Our consumer product safety attorneys regularly advise fashion and retail clients on internal compliance programs and the difficult issues of how and when potentially hazardous consumer products must be reported to the CPSC.  Our attorneys have particular familiarity with drawstrings, which have been the target of numerous CPSC actions.  In the event that a manufacturer is faced with a product recall, we collaborate with our client and CPSC staff to develop and implement cost-effective communications programs that satisfy product liability concerns quickly while minimizing potential penalties.  If the CPSC threatens to or brings enforcement actions, clients count on us to provide appropriate strategies that protect corporate interests and preserve business momentum.

Privacy and Information Security–In the course of conducting business, retailers are subject to various state and federal laws regulating the collection, use and disclosure of customer information.  At the forefront of this evolving area of law, we help companies minimize risk while meeting their legal and contractual obligations.  With a team that includes several former FTC officials and a deep bench of consumer protection law practitioners, we are uniquely positioned to guide clients through all aspects of privacy and data security matters.

Labor and Employment–Our labor and employment attorneys have represented the interests of employers for more than 60 years.  We appear on their behalf before federal, state and local agencies in matters involving traditional labor relations, wage and hour issues, employment contracts, wrongful discharge, harassment and hostile environment, and employment discrimination claims.

Employee Benefits and Executive Compensation–We provide clients with comprehensive legal and counseling services that help them motivate talented employees, retain key executives and transition their workforces in times of change.  The firm advises on a spectrum of employee benefits and executive compensation programs, including retirement and welfare programs, executive compensation, and associated legal and tax issues.

Corporate–We have capabilities to support fashion industry start-ups and established brands alike with the legal aspects of achieving business success, from supporting major strategic moves to forming alliances; from funding growth to dealing with core operational challenges.

Bankruptcy–We represent landlords, owners and developers of shopping centers, and purchasers of real property and real property leases.  The firm has confronted virtually every bankruptcy and real estate issue that may arise in a retail bankruptcy case.  We have established relationships with retail liquidators, retail consultants, asset-based lenders and most retail debtors’ counsel across the country.  Our lawyers are able to draw on these relationships to reach consensual resolutions of many issues.  This translates directly into substantial savings for our clients.

Litigation–Throughout the firm’s history of more than 170 years, our litigators have guided clients through the thicket of business litigation.  Protecting a brand name in the highly competitive environment of retail and consumer products and dealing with advertising issues, antitrust, unfair competition and intellectual property claims requires the guidance of skilled professionals who understand how to protect and preserve a brand and its intellectual property.  We have handled all types of litigation centered on brands and related intellectual property and have tried significant cases to protect both patents and trademarks.

Partner
Email (212) 808-7853(212) 808-7853
Andrea Calvaruso chairs the firm’s Trademark and Copyright practice group and is a member of the firm’s Executive Committee.  She represents clients from a wide range of industries...
Partner
Email (202) 342-8453(202) 342-8453
Aaron Burstein serves clients with a strong technical background and a passion for solving complex privacy, data security, and consumer protection law problems.  He provides legal advice on pr...
Partner
Email (212) 808-7718(212) 808-7718
John Callagy has served as trial and appellate counsel for numerous disputes in various federal and state courts, representing his clients on virtually all legal issues affecting large domestic and...
Partner
Email (310) 712-6170(310) 712-6170
Kimberly Carter focuses her practice on a wide array of employment law matters including defense of high-stakes single plaintiff litigation, wage and hour class action and compliance counseling. &n...
Partner
Email (203) 351-8028(203) 351-8028
Richard Chargar advises public and private companies, institutions and other organizations, senior executives and boards of directors on complex benefits and compensation matters.  Richard ser...
Partner
Email (212) 808-7628(212) 808-7628
Barbara Hoey is co-chair of Kelley Drye’s Labor and Employment practice group, and a member of the firm’s Executive Committee.  In her third decade of practice, Barbara’s exp...
Partner
Email (202) 342-8603(202) 342-8603
Alysa Hutnik chairs the firm’s Privacy and Information Security practice and delivers comprehensive expertise in all areas of privacy, data security and advertising law.  Her experience ...
Partner
Email (212) 808-7959(212) 808-7959
Mark Konkel is co-chair of Kelley Drye's Labor and Employment practice group.  Mark is committed to protecting and maximizing the interests of employers of all sizes, from the major multin...
Partner
Email (202) 342-8530(202) 342-8530
Larry Lasoff has more than three decades of experience helping a broad spectrum of clients navigate the complex regulatory hurdles of international trade and customs.  He is also involved in m...
Partner
Email (212) 808-7573(212) 808-7573
Robert LeHane represents secured and unsecured creditors, landlords, asset purchasers, vendors, intellectual property licensors, creditors’ committees, lenders and trustees in all aspects of ...
Partner
Email (312) 857-2623(312) 857-2623
Matthew Luzadder is managing partner of the firm's Chicago office.  Matt focuses his practice on white-collar crime and internal investigations, commercial litigation and labor and employm...
Partner
Email (212) 808-5082(212) 808-5082
Michael Lynch is chair of the firm’s Litigation practice and a member of the firm’s Executive Committee.  Michael has extensive trial experience, both from his days as a prosecutor...
Partner
Email (202) 342-8811(202) 342-8811
Bill MacLeod chairs the firm’s Antitrust and Competition practice group.  The Immediate Past Chair of the Antitrust Section of the American Bar Association, Bill is a former bureau ...
Partner
Email (202) 342-8576(202) 342-8576
Gonzalo Mon’s practice is focused on advertising, transactional, and privacy issues.  He advises a wide range of companies in all aspects of promoting their brands, and works closely wit...
Partner
Email (202) 342-8875(202) 342-8875
Dustin Painter represents the interests of businesses, trade associations and other organizations before the legislative and executive branches of government.  Dustin offers his clients a comp...
Partner
Email (202) 342-8588(202) 342-8588
Dana Rosenfeld serves as managing partner of Kelley Drye, and is a member of the firm’s Executive Committee and past chair of the firm’s Privacy and Information Security practice. ...
Partner
Email (202) 342-8485(202) 342-8485
Paul Rosenthal co-chairs the firm’s Government Relations and Public Policy practice.  Paul is a member of the firm’s Executive Committee, and previously served as managing partner ...
Partner
Email (202) 342-8633(202) 342-8633
Christie Grymes Thompson chairs the firm’s Advertising and Marketing and Consumer Product Safety practice groups.  Named the 2016 and 2019 Washington, D.C. advertising “Lawyer of t...
Partner
Email (212) 808-7530(212) 808-7530
John Ward has more than three decades of experience litigating intellectual property cases, including complex, high-technology patent cases, at both the trial and appellate levels.  He has ove...
Partner
Email (202) 342-8805(202) 342-8805
Kristi Wolff is chair of the firm’s Cannabis Law practice.  Kristi focuses her practice on food, drugs, dietary supplements, medical devices, personal care and consumer health products, ...
Partner
Email (212) 808-7985(212) 808-7985
David Zalman’s practice involves commercial and complex civil litigation, including class action defense, contract disputes, unfair competition, false advertising, real estate disputes, corpo...
Partner
Email (973) 503-5964 (973) 503-5964
Michael Zinna’s practice comprises all aspects of intellectual property, with a focus on patent matters and including complex patent litigation, patent licensing, due diligence, patent cleara...
Director of Government Relations
Email (202) 342-8608(202) 342-8608
Dana Wood co-chairs the firm’s Government Relations and Public Policy group.  Dana has been a public policy advocate for more than three decades, representing client interests before Con...
Special Counsel
Email (212) 808-7812(212) 808-7812
Levi Downing is special counsel in the litigation group focusing his practice on commercial and intellectual property disputes, including trademark, trade dress, unfair competition and copyright ca...
Special Counsel
Email (212) 808-7542(212) 808-7542
Tara Marciano is special counsel in the Intellectual Property and Privacy Litigation practice groups.  Tara’s practice focuses on helping clients strategically protect their brands by pr...
Special Counsel
Email (202) 342-8416(202) 342-8416
For more than fifteen years, Jennifer McCadney’s practice has included a mix of law and policy.  As both a lawyer and government relations and policy strategist, Jennifer helps companies...
Special Counsel
Email (212) 808-7552(212) 808-7552
Patricia Werner is a member of the firm’s Trademark and Copyright and Litigation practice groups.  Patricia manages worldwide intellectual property portfolios and related protection and ...
Senior Associate
Email (212) 808-7513(212) 808-7513
David Lindenbaum is committed to helping businesses and individuals safeguard their valuable IP assets at all stages of development.  He is dedicated to designing multifaceted IP strategies th...
Senior Associate
Email (212) 808-7584(212) 808-7584
Kerianne Losier is a member of the firm’s Trademark and Copyright and Litigation practice groups. Kerianne focuses her practice on developing and protecting clients’ intellectual proper...
Senior Associate
Email (212) 808-7730(212) 808-7730
Alina Schechner is a senior associate in the litigation practice, focusing on commercial and complex civil litigation.  She has been involved in some of the firm’s high-profile cases, as...
Senior Associate
Email (212) 808-7639(212) 808-7639
Genna Steinberg is a senior associate in Kelley Drye’s litigation department.  Her practice focuses on complex commercial litigation, and she has experience handling a wide variety of ca...
Associate
Email (212) 808-7525(212) 808-7525
Tiffany Arosemena is an associate in the firm’s Trademark and Copyright and Litigation practice groups.  Tiffany focuses her practice on prosecuting and defending trademark and copyright...
Associate
Email (212) 808-7557(212) 808-7557
Stephanie Grob is an associate in the firm’s New York office.  Her practice focuses on litigation. During law school, Stephanie was the student director of the Fashion Law Institute...
Associate
Email (212) 808-7755(212) 808-7755
Kelli Ortega is an associate who focuses her practice on all aspects of intellectual property law, including trademark prosecution and enforcement, copyright, and trade dress.  Kelli provides ...