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Forbes Interviews Anthony Lupo on Arent Fox’s Leading Fashion Law Practice & Why It’s Second to None

In a wide-ranging interview with Forbes, Fashion leader Anthony Lupo touched on a number of topics, including the state of the fashion industry, the progression of client expectations, and where he’s focusing his own development.  

All Hat and No Cattle: FTC Cites Hat Company for Overstating Made in USA Claims; Major Industry Group Asks FTC to Revise Made in USA Standards

The Federal Trade Commission recently announced a proposed settlement of another significant "Made in USA" enforcement action, and in response, a major industry trade association has requested that FTC revise its "Made in USA" enforcement policy.   

California Differs From Federal Law on How to Calculate Flat Sum Bonuses Into Overtime Regular Rate

The federal Fair Labor Standards Act (FLSA) requires that employers pay overtime based on an employee’s “regular rate” of pay. While the FLSA only requires overtime after 40 hours in a workweek, California has broader overtime requirements, including daily overtime after eight hours in a workday and double time in some instances. California also mandates payment of overtime based on “the regular rate of pay for an employee.” The state, however, has not had explicit rules for determining how to calculate the regular rate.

Full Speed Ahead: German Court Says ASICS Can’t Block Dealers from Using Price Comparison Engines

The German Federal Court of Justice recently upheld a finding by Germany’s national competition authority that sporting goods company ASICS cannot prohibit its dealers from using online price comparison engines. The court found that per se prohibitions on the use of price comparison engines that are not linked to quality requirements violate EU law. The court indicated that some restrictions on online sales may nonetheless be permissible, such as restrictions on the sale of luxury goods on third-party platforms to control product quality.  

Think Before You Link: Embedding Twitter Photographs Can Be Infringement, Judge Rules

Last week, the United States District Court for the Southern District of New York ruled embedding a copyrighted photo that had been posted to Twitter constituted copyright infringement. This ruling may result in a widespread change in licensing practices for online content.  

Croc Talks: Anthony Lupo and Laurent Chedru Discuss Lacoste's Past, Present & Future

What's really in a name? Hear "Lacoste" and an iconic crocodile amidst multi-colored polo shirts instantly springs to mind.   In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo discusses Lacoste's style evolution with Deputy General Counsel Laurent Chedru. There has been a seismic shift in the fashion industry over the years, yet Lacoste has always managed to weather these changes with a steadfast commitment to staying true to its brand.

House of Representatives Passes Changes to ADA to Curb “Drive-By Lawsuits”

On February 15, 2018, the US House of Representatives passed legislation that would amend the Americans with Disabilities Act (ADA) in an effort to stem “drive-by” lawsuits – so called because the lawyers who threaten them (and the plaintiffs they represent) often do not physically inspect the premises or intend to patronize the businesses they sue. Under the bill passed by the House (H.R.

What Fashion and Luxury Goods Companies Need to Know About Restructuring and Bankruptcy

By the of the end of 2017, the industry saw more than 300 companies file for bankruptcy, with no less than 30 involving major retailers. By end of the third quarter of 2017, more than 6,400 store closings occurred — triple the number of closings during the first half of 2016.   

Collaborating Instead of Litigating: Brands Make Hay of ‘Artistic’ Homage

Fashion Law leader Anthony V. Lupo spoke with WWD as part of their feature on a recent trend by companies to bring provocative (and critical) social media voices into their fold.   “Why are brands so quick to show they’re “in” on the joke and in turn validate what is simply an Instagram account doing little beyond calling out designers for copying one another,” asked WWD.  

Estate Planning Opportunities Under the New Tax Law

In addition to overhauling the taxation of income of partnerships, corporations, and individuals, the Tax Cuts and Jobs Act signed into law by President Trump on December 22, 2017 ushered in significant changes to the wealth transfer tax system. These changes will create major new opportunities to minimize the tax cost of transferring wealth, beginning in 2018.