[Virtual] Art Litigation and Fashion Law Conference

ART LAW: Thursday – February 10

12:00 – 12:20 pm ET | Welcome Remarks

• Raymond J. Dowd, Partner, Dunnington Bartholow & Miller LLP; Conference Chair

12:30 – 1:30 pm ET | Restitution – The Return of Cultural Artefacts:  A New Paradigm for the Legal System?

Decades-old debates about the restitution of cultural objects have acquired a new urgency recently with the intensification of scrutiny of European museum collections acquired in the colonial period. Alexander Herman’s new, fascinating and accessible book Restitution – The Return of Cultural Artefacts covers a wide range of current controversies over the return of cultural treasures: why it is demanded, how it is negotiated, and where it might lead, forcing us to confront an often-dark history, and the difficult application of our contemporary conceptions of justice to the past. Should we allow plundered artefacts to rest where they lie—often residing there by the imbalances of history? Herman questions whether we are entering a new ‘restitution paradigm,’ one that could have an indelible impact on national legal systems for many years to come.

• Alex Herman, Director, Institute of Art & Law (London)
• Hon. Loretta Preska, Senior U.S. District Judge, Southern District of New York
• Introduction by John Cahill, Partner, Olsoff | Cahill | Cossu LLP

1:40 – 2:40 pm ET | Visual Intelligence for Lawyers and Investigators    

• Amy Herman, Attorney & Art Historian, Art of Perception, Inc.
• Introduction by Ben Hartley, Executive Director, The National Arts Club

2:50 – 3:50 pm ET | Robert Jackson and The Birth of the National Gallery

In 1935, Robert H. Jackson, Assistant General Counsel of the U.S. Treasury Department’s Bureau of Internal Revenue (and later U.S. Solicitor General, U.S. Attorney General, U.S. Supreme Court justice, and U.S. chief prosecutor at Nuremberg of Nazi war criminals) prosecuted Andrew W. Mellon, former Treasury secretary, in a civil tax deficiency and fraud case. Some of the issues concerned Mr. Mellon’s fabulous art collection. The next year, while the case was ongoing, Mellon donated paintings and funds that became the National Gallery of Art in Washington, D.C. To this day, we all benefit from Jackson’s law enforcement work and Mellon’s late in life generosity.

• John Q. Barrett, Professor of Law, St. John’s University
• Introduction by Stephen Crane (Ret.), Mediator and Arbitrator, JAMS

4:00 – 5:00 pm ET | Art & IP:  A Practitioner’s Overview      

The intersection of art & intellectual property (“IP”) can be complex and difficult to navigate.  Who owns the artwork?  How much of another artist’s work can be used?  How can an artist best protect their rights? This panel will provide an overview of how copyrights, patents, and trademarks can be used to help artists and art collectors.  We explore the proactive steps that can be taken, the limits of IP rights, and when and how third-party intellectual property can be used without liability.  We will also explore the use of non-fungible tokens (“NFTs”) as a means for creating and selling works of art.  The panelists will familiarize and identify these issues for non-IP practitioners to develop an understanding of what can be protected or how a client can reduce risk of liability.

• April M. Capati, Partner, Lerner David Littenberg Krumholz & Mentlik LLP
• Melanie A. Chernoff, Associate, Lerner David Littenberg Krumholz & Mentlik LLP
• Stephen F. Roth, Partner, Lerner David Littenberg Krumholz & Mentlik LLP
• Introduction by Elizabeth “Betsy” Dale, Associate, Dunnington Bartholow & Miller LLP; Conference Chair

FASHION LAW: Friday – February 11

12:00 – 12:20 pm ET | Welcome Remarks

• Olivera Medenica, Partner, Dunnington Bartholow & Miller LLP; Conference Chair

12:30 – 1:30 pm ET | Luxury Meets Resale: Can the Two Peacefully Coexist or will Claims of Trademark Infringement Trump the Defenses of the First Sale Doctrine and Nominative Fair Use?

The sustainable fashion economy has been gaining momentum in an explosive way. Consumers are purchasing and maximizing the life of their luxury goods to minimize their impact on the environment, and fashion houses and luxury brands are committing to sustainable practices to keep with market trends. The online luxury consignment market, led by companies such as The Real Real (TRR) and What Goes Around Comes Around (WGACA), offers a consumer-focused platform that allows for the consignment and resale of luxury goods. In an ecosystem built on brand-consciousness and exclusivity, can both luxury and resale coexist or will claims of trademark infringement, counterfeiting and false advertising trump the defenses of the First Sale Doctrine and nominative fair use and arrest the development of this segment of the sustainable fashion economy? During this session, we will explore recent lawsuits brought by Chanel against TRR and WGACA alleging various claims under the Lanham Act and antitrust counterclaims, and how these competing interests will affect the consumer.

• Moderator: Robert Weisbein, Partner, Foley & Lardner LLP
• Laura Ganoza, Partner Foley & Lardner LLP
• Gregg Meyer, Chief Sustainability Officer, Counsel and Head of Corporate Social Responsibility, Steve Madden Ltd.
• Stacy Raphael Stewart, Associate General Counsel, Trademarks – IP and Brand Protection, Coty Inc.

1:40 – 2:40 pm ET | A Discussion of Supply Chain Issues Relating to the Global Pandemic, New Laws, and Force Majeure Clauses

This panel will explore supply chain issues relating to the global pandemic, new laws that have been enacted, and contract claims caused by supply chain demands and delays.  The panelists will describe how supply chain issues have impacted the fashion industry, including broken supply lines, and what that means for the label and its consumers. The panelists will also discuss legal issues that fashion houses face relating to supply chain issues.  This will involve a discussion of contract claims and defenses, including force majeure.  The panel will provide perspectives on these issues from the United States, Europe and beyond.

• Moderator: Maria Vathis, Of Counsel, Bryan Cave Leighton Paisner LLP
• Danielle C. Lesser, Partner & Chair of Business Litigation, Morrison Cohen LLP
• Lena Saltos, Associate General Counsel, Global Director of Intellectual Property, URBN (Urban Outfitters, Anthropologie, Free People, Nuuly)
• Ben Vanpeperstraete, Sr. Legal Advisor, European Center for Constitutional and Human Rights
• Alexandra Varla, Attorney at Law, Founder, Tailored: Law & Business in the Fashion & Luxury Industry

2:50 – 3:50 pm ET | Customs Exclusions and Counterfeits: Issues for Fashion Brands

This CLE will explore import violations such as forced labor and intellectual property as well as how to protect your supply chain and your brand. Part One of the panel will broadly discuss US Customs and Border Protection’s (CBP) Enforcement of Intellectual Property Rights (IPR) at the Border: Seizures vs. Exclusions. Part Two of the panel and using CBP to protect your IPR and combat gray goods. Part three will discuss Forced Labor Considerations and the Uyghur Forced Labor Prevention Act (UFLPA). And part four will discuss protecting your brand from IPR theft on e-commerce platforms. Attendees will learn how to protect their IPR with CBP; how to challenge seizures or exclusions of their imports; and efforts and legislation to make e-commerce sales IPR safe.

• Moderator: Frances P. Hadfield, Counsel, Crowell Moring LLP
• Graham Gibbs, Legal Counsel – Anti-Counterfeiting, Chanel, Inc.
• Elyssa R. Kutner, Senior Managing Associate, Sidley Austin LLP
• Lora Moffat, Head of U.S. Intellectual Property, CHANEL

4:00 – 5:00 pm ET | Diversity, Equity & Inclusion in the Fashion Industry: Not Just a Trend

Women, BIPOC, and other minorities in the fashion industry are protected from discrimination in the workplace by federal and state laws. Recent social initiatives have increased the necessary attention to this ever-present issue. In this panel we will discuss how recent events of racial injustice and other social movements such as the #MeToo Movement, #BlackLivesMatter and the Fifteen Percent Pledge, have impacted the fashion industry and the measures that the industry has taken to address discrimination in the workplace. Our panelists, which include employer attorneys and a General Counsel, will discuss the following topics:  what federal laws protect women, BIPOC and other minorities against discrimination in the workplace, including Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963; how Federal Courts have interpreted the protections granted by these laws to women and BIPOC; what preventive measures employers may take to prevent discrimination in the workplace and avoid legal exposure; and industry best practices.

• Moderator: Katherine González Valentín, Capital Member, Ferraiuoli, LLC
• Glianny Fagundo, Partner, Thompson Hine LLP
• Adrienne Logan, General Counsel – Americas, Vans
• Nicole Rodríguez Velázquez, Associate, Ferraiuoli, LLC