On June 21, 2018, the United States Supreme Court issued its decision in South Dakota v. Wayfair, Inc., overturning a 26 year-old decision holding that a retailer must have a physical presence in a state in order to have a
Fashion & Apparel Law Blog
Legal Issues Facing the Fashion, Apparel & Beauty Industry
The Fashion & Apparel Law Blog, published by Sheppard, Mullin, Richter & Hampton LLP, focuses on legal issues affecting the fashion and apparel industries. It covers topics such as wage and hour laws specific to garment manufacturing, liability in the apparel supply chain, advertising and labeling regulations including 'Made in USA' claims, intellectual property concerns, false light and defamation claims in modeling, and pricing laws like those addressing the pink tax. The blog addresses regulatory compliance, labor standards, marketing practices, and litigation risks relevant to fashion brands, manufacturers, retailers, and models.
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The Dynamex Decision: The California Supreme Court Restricts Use of Independent Contractors
By Timothy Kim
On Monday, April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles. In a voluminous, 82-page decision, the California Supreme Court reinterpreted and ultimately…
#MeToo Mobilizes State Legislatures, Creates New Training Obligations For Employers
On April 12, 2018, Governor Andrew Cuomo signed the 2019 budget for the State of New York (the “Budget”) which dramatically changed the landscape of obligations which New York employers are to their employees. Beyond allocating financial resources, the Budget…
Under the Radar Changes to Proposition 65 – OEHHA Issues New “Guidance” For Web Purchases (Is it an Illegal “Underground Regulation”?)
If your products are sold online or you operate a website with sales to consumers in California, these changes will impact whether you can obtain “safe harbor” protection under Prop 65.
Over a year after adopting new regulations—which were crafted…
Importers Beware: 10 Things You Must Know About the Emergence of High-Stakes Customs Audits
U.S. importers are seeing an increase in enforcement activity by U.S. Customs and Border Protection. Here are the ten things you must know about this trend.…
An Uphill Battle Protecting Fashion Designs In Nigeria and Abroad
Growing frustration in the fashion community regarding weak or non-existent intellectual property laws has finally caught the attention of some nations. Nigeria is one nation that currently is trying to alleviate this frustration by reforming its intellectual property laws. This…
Do We Need A Truth In Advertising Act? The Industry and Retailers Self-Regulate Photoshopping Ads
By Ted Max
Digitally altered images of models have been a controversial advertising issue for decades. In Great Britain, the Advertising Standards Authority Ltd., which is the governing regulatory advertising body, in 2011 banned skincare advertisements featuring digitally altered images because the advertisements…
WARNING: Prop 65 Has Changed – If Your Product Is Sold In California Or You Do Business In California, Pay Attention
What is Prop 65?
Prop 65 is a California law that requires California consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive toxicity. The law is highly technical, constantly evolving and actively enforced by the government…
Selective Distribution Systems and Bans on Sales of Luxury Products via Online Market Platforms: Initial Thoughts on the CJEU’s Coty Judgment
The Court of Justice of the European Union (CJEU) confirmed in a short judgment of 6 December 2017 that a prohibition imposed on authorized distributors from using third party platforms for the sale of their luxury products is in line…
A Deeper Dive Into the FTC Crack-Down on Social Media Influencers: What You Should Know Before You Post
In our previous blog post, “Brands Beware!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides,” we reported that the Federal Trade Commission (“FTC”) had issued more than 90 letters to brands and influencers, making it clear that it is…