We recognize that apparel and footwear companies require financial support to advance while navigating a competitive landscape. Our legal team, with its extensive experience, is committed to serving as trusted corporate counsel to such organizations. Our counsel and representation encompass a spectrum of corporate activities, including mergers and acquisitions, financings, joint ventures, restructurings, commercial contracts, securities compliance, and governance.

In the ever-evolving apparel and footwear industry,  companies are defined by their brands and other proprietary assets. Protecting these assets with vigorous IP programs and strategies is essential to maintaining a competitive edge across global markets. Our distinguished intellectual property team is committed to developing and implementing these proactive brand and IP protection strategies, along with the innovative defense of these rights, including litigation when necessary.

Practicing in all aspects of domestic and international trademark work, we offer experience in counseling, clearance, registration, licensing, and enforcement. We possess deep experience in the areas of copyright, domain name disputes, website audits, and other internet-related concerns.

Our legal team diligently prepares and prosecutes patent applications, proactively identifying licensing opportunities and potential for litigation. We offer comprehensive services in patent preparation and prosecution, portfolio management, right-to-use analysis, design-around counseling, legal opinions on patent validity and infringement, and due diligence in corporate transactions. When litigation arises, our patent litigators, seasoned across a wide array of technologies, vigorously defend our clients in infringement actions.

McKinsey & Company states that six out of ten people incorporate a digital channel in their garment-purchasing journey. Although in-store experiences remain key, the pandemic heightened the necessity of a robust digital strategy. Our legal team understands the nuances and challenges faced by apparel and footwear companies in the digital sphere, enabling you to engage with confidence across websites, mobile apps, email, SMS, social media, and other platforms. We offer legal support in e-commerce, social media, privacy, data security, consumer protection, and electronic payment matters, including the following:

• Complying with privacy and data security laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), as well as managing security breaches
• Drafting and negotiating agreements with software developers, web hosting providers, credit card payment processors, and other service providers
• Counseling on the use of social media and developing related policies
• Developing consumer-facing agreements, such as terms of service, terms of sale, and privacy policies
• Counseling on electronic payment, gift card, loyalty, rebate, and points programs, and negotiating agreements with related service providers
• Counseling on tax obligations and jurisdictional issues

While the age of the influencer is upon us, fashion bloggers, social media personalities, and brand ambassadors present a distinctive array of opportunities and challenges. Our attorneys offer guidance on Federal Trade Commission (FTC) endorsement guidelines and setting up influencer and ambassador compliance programs, including training and monitoring programs, disclosure requirements, and influencer and celebrity endorsement agreements. Our goal is to bolster compliance, diminish potential actions due to lack of compliance, and minimize public relations risks. We also partner with apparel and footwear companies to ensure compliance with truth-in-advertising rules, address ownership of IP rights in posted social media content, and to avoid infringement of third-party rights.

Our Labor & Employment attorneys bring to bear a wealth of experience in counsel for the apparel and footwear industry. Their experience ranges from wage-and-hour protocols to ensuring workplaces are free from harassment and discrimination, to advising on Americans with Disabilities Act (ADA) compliance, and day-to-day employment counseling. Working in close collaboration with our clients, they offer strategic guidance and help mitigate the risks of aggressive class action litigation. They are well-versed in the unique challenges posed by the retail environment, including shift scheduling, break requirements, bag checks, timekeeping compliance, off-the-clock work, and proper employee classification. Additionally, we provide support on immigration law compliance matters, including Form I-9 and E-Verify, and personnel transfers to the United States from international affiliates.

While most apparel and footwear companies have embraced digital as a way to connect with consumers, physical brick-and-mortar continues to occupy a key position in the shopping experience. The in-store experience may change, but the need for strategic real estate counsel remains constant. Our team of real estate attorneys is well-versed in the complexities of representing apparel and footwear retailers in matters of acquisition, disposition, development, financing, and leasing, including portfolio transactions. With a keen awareness of the industry's competitive pressures and the significance of long-term lease relationships, we deliver counsel that is both efficient and focused on achieving tangible results. We guide our clients through the full spectrum of issues that accompany real estate transactions, from tax to corporate, environmental, and bankruptcy concerns, with the ultimate goal of ensuring deals reach successful conclusions.