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, 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, 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.  She represents clients from a wide range of industries, including retail, fashion, entertainment and consumer...
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 an...
Partner
Email (203) 351-8028(203) 351-8028
Richard Chargar chairs the firm’s Employee Benefits and Executive Compensation group.  He advises public and private companies, institutions and other organizations, senior executives a...
Partner
Email (310) 712-6170(310) 712-6170
David Fink is an experienced and proven litigator at both the trial and appellate court levels.  With more than two decades of experience in multifaceted state and federal litigation and dispu...
Partner
Email (310) 712-6140(310) 712-6140
Michael Gallion is a partner in Kelley Drye’s Labor and Employment practice group, based in the firm’s Los Angeles office. For over two decades, Michael has focused exclusively on ...
Partner
Email (212) 808-7628(212) 808-7628
Barbara Hoey is 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 exper...
Partner
Email (202) 342-8603(202) 342-8603
Alysa Hutnik delivers comprehensive expertise in all areas of privacy, data security and advertising law.  Her experience ranges from counseling to defending clients in FTC and state attorneys...
Partner
Email (212) 808-7660(212) 808-7660
Jane Jablons chairs the firm’s Mergers and Acquisitions and Venture Capital groups.  Her practice is focused on corporate finance, with concentrations in mergers and acquisitions, ventu...
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 (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 marketing and advertising law.  He advises a wide range of companies in all aspects of promoting their brands, and works closely with them to find p...
Partner
Email (202) 342-8821(202) 342-8821
Lew Rose serves as managing partner of Kelley Drye, and is a member of the firm’s Executive Committee. Lew also served as managing partner of the Washington, D.C. office and past chair ...
Partner
Email (202) 342-8588(202) 342-8588
Dana Rosenfeld chairs the firm’s Privacy and Information Security practice.  A former assistant director of the Federal Trade Commission (FTC) Bureau of Consumer Protection and attorney...
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 Washington, D.C. advertising “Lawyer of the Year&...
Partner
Email (310) 712-6185(310) 712-6185
Kate Visosky, a partner in the Labor and Employment practice, is valued for her ability to balance the law with practical business sense.  She focuses her practice on trade secrets and high-st...
Partner
Email (202) 342-8805(202) 342-8805
Kristi Wolff’s practice focuses on food, drugs, dietary supplements, medical devices, personal care and consumer health products, as well as wearable technology and health privacy issues.&nb...
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 clear...
Special Counsel
Email (212) 808-7542(212) 808-7542
Amy Gaven focuses her practice on all aspects of intellectual property law, including trademark, copyright, trade dress and unfair competition issues.  Amy has counseled distinguished clients ...
Special Counsel
Email (212) 808-7706(212) 808-7706
Laura Siegel Rabinowitz has extensive experience in handling international trade projects for a wide range of clients, including multinational importers, exporters, retailers, manufacturers, cust...
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...
Associate
Email (212) 808-5021(212) 808-5021
Morgan Arons is a litigation and intellectual property associate.  Her practice focuses on commercial and complex civil litigation in both state and federal courts, including consumer class ac...
Associate
Email (212) 808-7730(212) 808-7730
Erika Stallings is an associate in the firm’s New York office and a member of the Intellectual Property practice group. Erika has significant experience advising entertainment, fashion ...
Associate
Email
Ryan Steinman is an associate in the firm’s New York office. His practice focuses on litigation. Prior to joining Kelley Drye, Ryan was an associate at an international law firm, where ...

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