Inside Track: How Fashion Law Is Evolving. Plus, New Rules for Influencers.
Lawyers at Rent the Runway and Louis Vuitton discuss how brand protection is a major part of their jobs now. Also, the Federal Trade Commission plans to update its endorsement guidelines, which will impact in-house counsel who work with advertisers and social media influencers.
February 26, 2020 at 06:05 PM
5 minute read
Welcome back to Inside Track!
Shane St. Hill, associate general counsel at Rent the Runway, recently told an audience at the Villanova University Charles Widger School of Law's sixth annual Fashion Law Symposium that working in firms as an intellectual property litigator taught him the importance of protecting the brand and being around sensitive information, both now requirements to work in fashion law.
"Starting as a litigator was a good experience for me," St. Hill said.
He told the crowd of mostly law students that going in-house requires a different kind of thinking because you are not around only other lawyers.
"Everyone you're working with is coming from a business perspective," St. Hill said. "They don't think the same way we do."
Tiffani McDonough, senior counsel at Louis Vuitton, said it is key to understand the client and the fashion industry at large. She said she could not emphasize the importance of brand protection and the ability to find ways to partner with outside counsel who understand that.
"The answer [to your client] is usually not 'no,'" McDonough said. "It's just usually a different way of doing things."
What kind of background do you think is crucial upon starting an in-house role? Let me know by emailing me at [email protected].
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What's Happening
Consulting on Matters
In-house counsel who hope to become consultants one day have precedent to work on high-profile cases without being restrained from future work.
In Travis County Court in Texas, Google wanted to limit which discovery documents could be seen by outside consultants hired by the states. One in particular, Eugene Burrus, Google wanted to stop from seeing documents because he would likely use his experience as a former in-house attorney at Microsoft to aid in the investigation.
Google and the state attorneys general agreed to allow Burrus and the other consultants to see the information, however the consultants will have to sign a document saying they will not disclose sensitive information in the documents.
Advertisers and Influencers Beware
Earlier this month Federal Trade Commissioner Rohit Chopra indicated that the agency would launch a careful review of its non-binding endorsement guidelines. He said the agency may need new rules for tech platforms and companies that pay influencers to promote products.
Because of influencers, Chopra said, "Misinformation is plaguing the digital economy, and recent no-money, no-fault FTC settlements with well-known retailers and brands to address fake reviews and undisclosed influencer endorsements may be doing little to deter deception."
Jim Dudukovich, of counsel at Barnes & Thornburg in Atlanta, said: "The commissioner is signaling his desire for a sea change in enforcement and every stakeholder needs to be thinking about this."
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What I've Been Reading
M&A in the aerospace and defense industries is showing no signs of slowing down in 2020, according to Forbes. Experts predict the first quarter will be more active than the last couple of quarters.
Chinese leaders have lifted restrictions on U.S. farm goods allowing companies greater access to the country, The Wall Street Journal reports.
Employers should plan and not panic over the coronavirus, The National Law Review advised. The first step should be to ban all business travel to China and to designate a management official to check the Centers for Disease Control and Prevention website on a daily basis.
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Don't Miss
Thursday, March 5 – Corporate Counsel Business Journal will be hosting a Legal Operations Executive Forum at the Tarrytown House Estate in Tarrytown, New York. Speakers will include Andrea Colby, former IP counsel at Johnson & Johnson; Darren Guy, AIG global head of legal operations; and Brian Liss, senior vice president and deputy general counsel at Leidos.
Tuesday, March 10 to Thursday, March, 12 – Georgetown Law will be hosting Corporate Counsel Institute at the Georgetown University Law Center in Washington, D.C. Speakers will include Caroline Tsai, chief legal officer at Western Union, Farinaz Tehrani, chief legal officer of Advantia Health, and William Min, general counsel at RELX, Risk & Business Analytics.
Thursday, March 19 – The WAWTA 2020 In-House Counsel Program: Creating A Winning Trial Team will be held at the Washington, D.C. office of Faegre Drinker Biddle & Reath from 5:30 p.m. to 8 p.m. Speakers will include Zandria Conyers, deputy general counsel at NCAA; Chad Boudreaux, litigation and chief compliance officer at Huntington Ingalls Industries Inc.; and John Trocki, deputy general counsel at the Washington Metropolitan Area Transit Authority.
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On The Move
✦ Featurespace ✦ Don Riddick is the first CLO of the financial fraud detection company as well as its only in-house lawyer. He previously served as vice president of corporate legal at Total System Services.
✦ Six Flags Entertainment ✦ Laura Doerre will take over as general counsel on March 9. She previously served as the chief lawyer for the window maker JELD-WEN Inc.
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