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Apparel & Footwear

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Apparel & Footwear

Empowering style and innovation.

To thrive in the apparel and footwear industry, companies must manage legal and business challenges from brand protection to tax planning to retention of social media influencers.

The fashion industry is a dynamic, fast-paced, and lucrative sector. In the United States, the burgeoning apparel and footwear industry employs nearly four million workers and generates more than $400 billion in retail sales annually. Perkins Coie is honored to counsel top-tier designers, manufacturers, distributors, and suppliers of apparel and footwear in a breadth of mission-critical matters. 

How we help clients

  • Corporate counsel.
  • Strategic brand and IP protection.
  • Digital strategy and privacy.
  • Marketing, influencers, and social media promotion.
  • Employment counseling and litigation.
  • Real estate and leasing.

Areas of Experience

clothing on hangers

Trusted Corporate Counsel

Our team is committed to serving as trusted corporate counsel to apparel and footwear companies. Our representation encompasses mergers and acquisitions, financings, joint ventures, restructurings, commercial contracts, securities compliance, governance, and more.

Strategic Brand & Intellectual Property Protection

In the apparel and footwear industry, companies are defined by their brands and other proprietary assets. Our experienced intellectual property (IP) team is committed to developing and implementing proactive brand and IP protection strategies, as well as defense of these rights, including litigation when necessary. 

Digital Strategy & Privacy

Our team understands the challenges apparel and footwear companies face in the digital sphere. We enable clients to engage with confidence across websites, mobile apps, email, SMS, social media, and other platforms by providing legal support in e-commerce, social media, privacy, data security, consumer protection, and electronic payment matters, including the following: 

  • Privacy and data security law compliance, including the General Data Protection Regulation and the California Consumer Privacy Act. 
  • Security breach risk avoidance and management. 
  • Service provider agreement drafting and negotiation. 
  • Social media counseling and policy development. 

  • Consumer-facing agreement development, including terms of service, terms of sale, and privacy policies. 
  • Electronic payment, gift card, loyalty, rebate, and points programs counseling and agreements. 
  • Tax obligation and jurisdictional issue counseling. 

Marketing, Influencers & Social Media Promotion

Fashion bloggers, social media personalities, and brand ambassadors present distinctive opportunities and challenges for apparel and footwear businesses. Our lawyers offer guidance on Federal Trade Commission endorsement guidelines and development of influencer and ambassador compliance programs, including training and monitoring, disclosure requirements, and influencer and celebrity endorsement agreements. Our goal is to bolster compliance, mitigate compliance risk, 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 avoid infringement of third-party rights. 

Employment

Our Labor & Employment lawyers have a wealth of experience in the apparel and footwear industry. We understand 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. 

Real Estate & Leasing

While most apparel and footwear companies have embraced the online marketplace, physical brick-and-mortar continues to occupy a key position in the shopping experience. The need for strategic real estate counsel remains constant. Our team of real estate lawyers represents apparel and footwear retailers in acquisitions, dispositions, 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. 

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