Fashion Apparel and Footwear
Fashion apparel, footwear and accessories companies operate in an extremely competitive global environment, made all the more challenging by the complexity of the applicable laws and regulations. In order to succeed, companies must be proactive and strategic. Kane Kessler has deep ties to the industry. For decades, we have been instrumental in helping apparel, footwear and accessory brands succeed by navigating the legal landscape.
We appreciate that apparel, footwear and accessory companies are subject to laws and regulation concerning many areas including commercial transactions, intellectual property, product safety, privacy, advertising, e-commerce issues, social compliance, litigation and real estate. Our fashion apparel, footwear and accessories practice is therefore multi-disciplinary, bringing to bear all of our practice groups. Our method includes:
Industry Experience: We represent many brands and companies (large publicly-held companies, mid-cap privately held companies, and everything in between) in a variety of disciplines and so we are able to enlist our deep industry experience to provide practical, common sense, commercial problem solving.
Cost Effectiveness: As a mid-size firm we can provide high level sophisticated advice in a cost-effective and efficient way. Our hourly rates typically range 30-40% less than larger firms and we have great flexibility in employing alternative fee arrangements.
Risk Avoidance: As an industry player, we know where the bodies are buried and can help apparel clients avoid potentially problematic situations before they arise.
Strength in Numbers: We represent many similarly situated companies so we can draw upon past experience to avoid and solve problems.
Clear Guidance:We give clear, concise and practical guidance in the relevant industry areas.
Our services include:
Commercial and Business Relationships: We frequently represent apparel, footwear and accessory companies in a broad array of commercial arrangements, including license agreements, distribution agreements, joint ventures and strategic alliances, supply agreements, agreements with vendors (manufacturing, buying agent, and the like), IT agreements, capital purchases, equipment leases, and many other commercial transactions.
Intellectual Property: We regularly counsel clients in both protecting their own intellectual property through a combination of patent, trademark/trade dress, copyright and trade secrets strategies and ensuring that such companies do not infringe the intellectual property rights of third parties. The apparel and footwear business has become highly litigious in the intellectual property area and it is crucial to utilize intellectual property to a company’s advantage in order to protect and enforce valuable assets and avoid potentially company damaging litigation.
Advertising and Unfair Competition: Our lawyers regularly advise on FTC, advertising, product disclosure, and unfair competition issues to make sure our clients are operating on a level playing vis a vis their competitors and to avoid potentially problematic situations.
Labor and Employment: Companies operate in an increasingly litigious world where careful compliance is essential. Kane Kessler attorneys regular advise clients with respect to wage and hour compliance issues, defending employment (including discrimination) related claims, non-competition agreements, Americans with Disability Act compliance (both brick and mortar and online), employee handbooks, and many other employment related matters.
E-commerce: We have substantial experience in managing our clients’ legal needs in the e-commerce space, including handling contractual relationships with IT vendors, drafting appropriate website privacy and terms and conditions policies, and making appropriate and legally required website disclosures. We appreciate the importance of omni-channel operations and helping our clients operate across multiple platforms.
Supply Chain and Social Responsibility: Kane Kessler has extensive experience in managing global supply chain issues with manufacturers, raw material suppliers, buying agents, customs agents, and others. We also regularly assist clients in global social responsibility issues relating to, among other things, human trafficking, animal rights, FCPA, child labor, environmental, conflict minerals and other issues, and preparing terms of engagement and global compliance principles for clients.
Real Estate: Our real estate group is expert in counseling apparel and footwear companies in commercial leasing and real estate acquisition matters as they arise.
Securities, Finance and Corporate Transactions: We regularly represent public companies in their federal 1934 Act filings, and other securities laws issues facing public companies. We also regularly counsel clients in corporate finance issues including sophisticated equity and debt transactions.
Litigation: Above all, our goal is litigation avoidance. However, when litigation is necessary, our team of trial-ready, experienced and aggressive litigators regularly handle litigation for apparel and footwear companies relating to commercial disputes, intellectual property, and many other issues.
Bankruptcy and Creditor’s Rights: Kane Kessler has an active bankruptcy department that represents creditors and creditor committees in bankruptcy and reorganization proceedings and debtors in such proceedings.