Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog offers news, analysis, and insights for the industry from fashion attorney Anthony Lupo.

Fashion Counsel with Anthony V. Lupo

Matthew R. Mills

Matthew Mills, Partner at Arent Fox LLP
Matthew R. Mills
Washington, DC

Matthew Mills practices in the areas of advertising and marketing, consumer finance, e-commerce, data security and privacy, and intellectual property with particular experience in media and entertainment, financial services, fashion, and consumer products.

Matthew’s advertising and marketing experience includes reviewing advertisements, advising on unfair and deceptive trade practices and issues relating to the Federal Trade Commission regulations and guidelines, as well as state and other regulatory laws. Matthew has experience reviewing advertisements in all print and online media including television, radio, print, and internet, including banner, mobile, and keyword advertising. Matthew has particular experience related to advertising compliance on social media sites such as Twitter, Facebook, Tumblr, and YouTube.

Client Work

Matthew additionally works with clients to develop, review, and implement all aspects of promotions, including contests and sweepstakes. This work includes the drafting of contest rules and guidelines as well as the development and review of electronic and traditional advertising materials.

Matthew counsels clients on wide variety of issues regarding developments in and compliance with laws regarding Internet and e-commerce, including payment system and consumer financial regulatory compliance.  Matthew also advises clients on compliance with laws and regulations related to credit cards, debit cards, stored value cards, and electronic payments and transfers.  Matthew also works with clients to develop e-commerce structures for consumers, including electronic contracts, electronic disclosures, and electronic signatures.

Matthew regularly works with clients to ensure compliance with financial privacy, privacy, and data security laws and regulations.  Matthew also works with clients on the drafting and implementation of their privacy policies to ensure compliance with international, federal and state regulatory laws and guidelines.

As part of the Intellectual Property Group, Matthew works on a wide range of intellectual property matters, including trademark, copyright, right of publicity, counterfeiting, and domain name disputes.  Matthew regularly assists clients with selecting, clearing, registering, and enforcing trademarks both domestically and abroad.  Matthew also manages the international intellectual property clearance and enforcement for the consumer products division of a global entertainment company. 

Previous Work

While in law school, Matthew served as a Sparer Fellow at the Center for Lesbian and Gay Civil Rights in Philadelphia, Pennsylvania, as well as a lecturer for the Prisoners’ Rights Clinic at the University of Pennsylvania Law School.

Publications, Presentations and Recognitions

Matthew presented a speech titled “Legal Issues Affecting Multi-Level Marketing” at the Herbalife Global Legal Summit in Los Angeles in June 2012.

Matthew wrote “Discrimination Based on Sexual Orientation” for theEncyclopedia of American Civil Rights and Liberties; 2006 (Vol. 1), edited by Otis H. Stephens, John M. Scheb and Kara E. Stooksbury.

While in law school, Matthew was an articles editor for the University of Pennsylvania Journal of Constitutional Law.

Life Beyond the Law

Matthew is an aspiring gourmet chef, a reader of books concerning medieval history, and a supporter of the University of Tennessee football and basketball teams.


Blog Posts by Matthew R. Mills

Advertising, Data Collection & Privacy
FTC Fires Warning Shot Over Misleading Instagram Posts

What’s New?

The Federal Trade Commission recently sent more than 90 letters to celebrities, athletes, and other influencers reminding them that brand endorsements made in social media posts must comply with the FTC’s Endorsement Guides. The letters reminded social media influencers – individuals or groups recruited to promote a brand’s products or services – that social media endorsements must clearly and conspicuously disclose “material connections” between the influencer and the brand, and focused on the need to disclose such connection in Instagram posts.

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E-Commerce, Online Distribution & Fulfillment
New Wave of Shipping Fee Class Actions: High Steaks

Omaha Steaks International Inc. recently became the target of a proposed class action lawsuit, in which the company is accused of charging unreasonable shipping fees that were excessive compared to the company’s actual costs.

The plaintiff, Neiman McCoy, alleges that he purchased a jar of Tangy Buffalo Rub from the Omaha Steaks website for $3.99, but then had to pay an additional $15.99 for shipping and handling, a flat rate charged by Omaha for orders under a certain total. McCoy alleges that the cost for shipping would have been less than half of that charge for his order through the United States Postal Service, and that the fee ultimately includes a profit for the company. He alleges that this is contrary to ethical guidelines provided by the Direct Marketing Association.

McCoy is seeking compensatory damages for the proposed class, including full refunds of shipping and delivery charges that were in excess of Omaha’s actual costs, as well as injunctive relief.

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Advertising, Data Collection & Privacy
New Version of Payment Card Information Standards Targets Recent Breach Issues

What’s the News?

Following recent updates, merchants and retailers will soon become subject to the updated Payment Card Information Data Security Standard (PCI DSS), the security standard that organizations need to follow if they handle credit and debit cards from major card companies, such as Visa, MasterCard and American Express. This round of changes will be known as version 3.2 of PCI DSS, and include significant guidance and updates on hot topics such as encryption and strong credentials. Compliance with the changes is important because companies that are subject to PCI DSS but fail to comply face exclusion from processing credit card payments and/or hefty fines. Sometimes, noncompliance could mean leaving open the doors to your cardholder data environment, thereby allowing hackers and malicious entities to enter.

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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.