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New NLRB General Counsel Ready to Shake Things Up

On December 1, 2017, Peter Robb, the new General Counsel of the National Labor Relations Board (NLRB), issued a memorandum entitled “Mandatory Submissions to Advice.”

Is FDA Turning the Clock Back on Anti-Aging Claims?

In a surprise move last week, the US Food and Drug Administration (FDA) ever so quietly – and for reasons not yet completely clear – withdrew Import Alert 66-38, “Skin Care Products labeled as Anti-Aging Creams” (IA 66-38). For almost 30 years, that Import Alert had been heavily utilized by the FDA as a basis for preventing the importation of skin care and cosmetic products labeled with “anti-aging” claims. The Import Alert cites claims that a product will  “COUNTERACT” or “RETARD” the aging process, or “REJUVENATE,” “REPAIR,” or “RESTRUCTURE” the skin, as examples of statements that the FD

Anthony Lupo and Aram Ordubegian Talk Bankruptcy in the Face of the 'Retail Apocalypse'

It's no secret that 2017 has been a particularly difficult and troubling year for the retail industry. Changing consumer preferences and attitudes, the need for rapid and convenient shopping solutions, and a surge in online shopping offer some insight as to why the landscape has been evolving so rapidly...and why the retail sector has been hit so hard.

Online Mandatory Arbitration Provision Stops Class Action from Moving Forward

In another victory for retail and fashion clients, a federal court recently held that an online arbitration provision for a web-based application was enforceable, reversing a lower court decision and essentially blocking a proposed class action.

Whistle While You Work: Anthony Lupo and Paul Fakler Discuss Music's Role in the Fashion Sector

Many fashion companies use music to create a memorable experience in their showrooms and stores. But is that legal?

It’s Every Influencer for Themselves as FTC Settles Debut Case Against Individual Social Stars

Calling all #influencers: that promotional post may attract more attention than you bargained for with your brand if you fail to use required disclosures. With several enforcement actions against companies, assistance from Instagram’s new paid partnerships tool, and the first ever complaint directly against social media influencers, the Federal Trade Commission has made it clear that they are fed up with deceptive endorsements.

What Trump's Tax Reform Might Mean for Fashion and Luxury Goods Companies

With tax reform front and center on the political agenda, retailers should be paying close attention to changes that could have an important impact on the fashion industry.   Last week, President Trump launched a public push for comprehensive tax reform, promising an improved competitive tax position for US companies relative to other countries in the Organisation for Economic Co-operation and Development.  

Licensing Relationship Goes Cold in Ice Cream Trademark Dispute

Ice cream truck franchising company, Mister Softee Inc., recently filed suit against a former franchisee claiming trademark infringement and unfair competition. The company claimed that although Mister Softee ended its franchising and license agreements with the licensee, he continued to operate his New Jersey ice cream businesses using the Mister Softee trademarks, as well as an iconic jingle.

Online Retailer and Executive Plead Guilty to Price-Fixing Conspiracy Conducted Via Social Media and Text Messaging

An online retailer and its president recently pled guilty to a price-fixing conspiracy for customized promotional products that was implemented through text messaging and social media platforms. The successful prosecutions are the latest in the Department of Justice’s ongoing antitrust investigation into the online promotional products industry.  

Instagram Signals to #Influencers That There’s a #NewSheriff in Town

TLDR Instagram has a message for social media Influencers: the Wild West is coming to an end. The popular photo-sharing platform is rolling out a new tool that will make it easier to tag and track paid commercial content. The tool offers a potential replacement for the much loathed “#ad” disclosure, but it also signals a coming crackdown on Influencer posts.