Insights on Fashion & Retail Law

Advertising regulation continues to evolve through a steady accumulation of federal rulemaking, state legislation, and active enforcement under longstanding deception principles. Meanwhile, the plaintiffs’ bar is increasingly treating advertising compliance failures as class action opportunities.

Customs Practice Leader Angela Santos and Senior Associate Lucas Rock will present at a Canadian Apparel Federation webinar examining the Supreme Court’s landmark ruling on tariffs imposed under the International Emergency Economic Powers Act (IEEPA).

Customs & Import Compliance Practice Group Leader Angela Santos was quoted on the US Supreme Court’s 6-3 ruling that the Trump Administration lacks constitutional authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA).

Welcome to the February 2026 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

ArentFox Schiff has released its latest annual report analyzing forced labor law developments and enforcement activity.

ArentFox Schiff Chairman Anthony V. Lupo was quoted on the beauty business of luxury department stores and how the beauty department serves as the figurative and literal entry point for luxury shoppers.

Chairman Anthony V. Lupo was quoted on fashion labels and brands withholding new merchandise amid the Saks Global bankruptcy and recent court battle for a debtor-in-possession loan.

ArentFox Schiff is pleased to announce that five practice areas and 12 attorneys were recognized by Chambers Global 2026, including in the guide’s newly minted Global Market Leaders category.

While enforcement may have taken a backseat to other trade priorities in 2025, this year may be poised to bring a swift and aggressive return to form, particularly if the tariff landscape begins to stabilize.

ArentFox Schiff Chairman Anthony V. Lupo was quoted on the bankruptcy filing of the luxury retail conglomerate, Saks Global — owner of Saks Fifth Avenue, Saks Off 5th, Bergdorf Goodman, and Neiman Marcus — on what brands can recover capital and product during a Chapter 11 filing.

Welcome to the January 2026 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

Customs & Import Compliance Practice Group Leader and Fashion & Retail Industry Co-Leader Angela Santas was quoted on the impact of chronic uncertainty regarding tariffs on the fashion and retail industries.

The past year, global trade upended. Through aggressive use of tariffs under the International Economic Emergency Powers Act (IEEPA), expanded Section 232 investigations, and a sustained enforcement crackdown, the Trump Administration made good on US Trade Representative (USTR) Jamieson Greer’s promise to “remake the global order.” The result: a fundamentally different operating environment for importers.

As fashion brands enter 2026, supply-chain pressure, tariff uncertainty, and rising tech spend are accelerating interest in private equity (PE) partnerships.

The 2025 holiday retail shopping season is nearly a wrap. Consumers will be on the hunt for year-end discounts, and gift card purchases likely will surge over the coming days.

The use of artificial intelligence (AI) to generate digital representations of real or fictional people — “AI avatars” — offers new ways to build brands, drive engagement, and grow revenue by accelerating content creation and lowering production costs. It also raises the following important legal considerations.

Welcome to the December 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

In a closely watched consumer protection lawsuit, a federal court has ruled that Chipotle’s loyalty rewards points are not “gift certificates” or “gift cards” under either New York or California law.

A clear, well-written terms of use agreement is essential for e-commerce sellers and online service providers seeking to manage the risk of litigation through provisions such as arbitration clauses and class action waivers.

A high‑stakes test of presidential tariff power took center stage on November 5 when the US Supreme Court (SCOTUS) heard consolidated arguments in Learning Resources Inc. v. Trump and V.O.S. Selections, Inc. v. Trump over sweeping, worldwide tariffs imposed under the International Emergency Economic Powers Act (IEEPA) to address “reciprocal” trade‑deficit measures and fentanyl trafficking.

ArentFox Schiff partner discusses what makes a strong leader, how to cultivate long-lasting client relationships, the realities of a global practice, and more.

Welcome to the November 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

On June 12, 2023, Deckers Outdoor Corporation, owner of the UGG brand, sued Quince, an affordable fashion e-commerce company, alleging that Quince’s shearling lined boots infringed Deckers’ unregistered trade dress and one design patent (US Patent D927,161) (the “’161 Patent”) covering one of its most popular boots, the Classic Ultra Mini Boot.

ArentFox Schiff Chairman Anthony Lupo and Consumer Products Partner Michelle Mancino Marsh were quoted on the digital risks fashion and retail companies face as artificial (AI) intelligence becomes more common within the industry.

Welcome to the October 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.