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Fashion and Retail Law 2016: Trends and Developments


Speaker(s): Craig Fleishman, Howard S. Hogan, Hrishi Karthikeyan, Lara Nathans, Lissa S. Bourjolly, Lois F. Herzeca, Martin L. Okner, Pamela Weinstock, Robert A. Karin, Stacey M. Brandenburg
Recorded on: May. 18, 2016
PLI Program #: 149016

Howard S. Hogan is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and is Co-Chair of the Fashion, Retail and Consumer Products group.  Over the course of his career, Mr. Hogan has handled numerous complex cases in a variety of federal and state courts in several different substantive areas including general commercial, securities and employment matters, and internal investigations.

Mr. Hogan’s practice focuses on intellectual property litigation and counseling, including trademark, copyright, patent, false advertising, right of publicity, licensing, and trade secret matters.  Mr. Hogan has represented various corporations and individuals in a broad range of industries, including financial services, sports, fashion, cosmetics, entertainment, transportation, pharmaceuticals, and online services.  A significant portion of Mr. Hogan’s practice involves computer, Internet, and new media-related issues.  He has represented and counseled a wide variety of companies on these issues, whether they are Internet-focused companies or traditional brick–and–mortar companies.  Many of Mr. Hogan’s matters have tested the application of traditional legal principles to the Internet and new media, such as in connection with issues of Internet jurisdiction, online contracting, and the application of trademark and copyright law to search engines, social media, and online sales.  Mr. Hogan also regularly counsels clients in connection with the application of privacy law to online commercial activities and data breaches, and has assisted clients with several substantial trade secrets and information security matters. 

Mr. Hogan is a frequent lecturer and writer on intellectual property and technology-related issues.  For example, Mr. Hogan is the co-author, with Gibson Dunn partner Lois Herzeca, of Fashion Law and Business: Brands and Retailers, a treatise published by the Practising Law Institute (2013).  Mr. Hogan is also co-author of the trademark and domain name chapters of the treatise, Intellectual Property Law in Cyberspace, published in 2011 by Bloomberg BNA in conjunction with the American Intellectual Property Law Association, and updated annually.  Mr. Hogan has also been a speaker at meetings of the International Trademark Association on "Competitors’ Use of Keyword Advertising and Search Engine Optimization"; the South by Southwest (SXSW) Interactive Conference in Austin, Texas on "Data Customization and Privacy – Can They Coexist,?"; the American Bar Association Section of Intellectual Property Law on "Recent Developments in Survey Evidence"; and Comic-Con San Diego on entertainment law issues as part of the "Comic Book Law School" program.  Mr. Hogan has also provided commentary on intellectual property issues for CBS News, Bloomberg TV, and National Public Radio, and he has been quoted in publications such as The Wall Street Journal, The Washington Post, USA Today, Law360, Electronic Commerce & Law Report, The Recorder, and Managing Intellectual Property.

Mr. Hogan devotes significant time to assisting not-for-profit organizations with different issues.  In 2008, the Meals on Wheels Association of America honored Mr. Hogan with its ‘Friend of the Year Award’ for his assistance to MOWAA’s efforts to end senior hunger, and Mr. Hogan has served on the Boards of Directors for the Meals on Wheels Association of America Foundation, the National Foundation to End Senior Hunger, and the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, among others. 

From 1999-2000 Mr. Hogan was Law Clerk to the Honorable Naomi Reice Buchwald, United States District Judge for the Southern District of New York.  In 1994, Mr. Hogan helped to initiate the AmeriCorps*National Civilian Community Corps, where he served as a Team Leader until 1996 and received the organization’s Outstanding Leadership Award in 1995.  Prior to joining Gibson Dunn, Mr. Hogan was an associate with the New York office of Debevoise & Plimpton, LLP.

Mr. Hogan received his B.S.F.S., magna cum laude, from Georgetown University School of Foreign Service in 1994 in International Relations, Law, and Organization, Phi Beta Kappa with a European Studies Certificate.  In 1999 he received his J.D., cum laude, from New York University School of Law, where he was Editor-in-Chief of The Commentator and Research and Writing Editor for the Moot Court Board.  Mr. Hogan is also an alumnus of Lady Margaret Hall, Oxford University, where he spent the 1992-93 academic term as a visiting student.

Mr. Hogan is a member of the bars of New York, Connecticut, and the District of Columbia, and has been admitted to appear before the United States Supreme Court, the U.S. Courts of Appeals for the Second Circuit, the Third Circuit, the Fourth Circuit, the Fifth Circuit, the Ninth Circuit, the D.C. Circuit and the Federal Circuit and the United States District Courts for the Southern, Eastern, and Northern Districts of New York, the District of Columbia, the District of Maryland, and the Eastern District of Texas.


Lois F. Herzeca is an executive advisor to early stage companies in the fashion, beauty and media industries. She is a lecturer in Law on fashion and retail law at the University of Pennsylvania Law School, a member of the Advisory Board of the FAME (Fashion, Art, Media and Entertainment) Center at Cardozo School of Law, and a retired partner of the New York office of Gibson, Dunn & Crutcher, where she was Co-Chair of Gibson Dunn’s Fashion, Retail and Consumer Products Practice Group.

Ms. Herzeca advises companies on significant legal and business matters, including mergers and acquisitions, equity investments, license agreements and joint ventures, counseling companies in a wide range of industries.

Ms. Herzeca was named a "Dealmaker of the Year 2012" by The American Lawyer for her representation of Transatlantic Holdings, Inc. in its $3.4 billion business combination transaction with Alleghany Corporation.  She was named a "Dealmaker of the Week" by The American Lawyer for her representation of CommScope, Inc. in its sale to The Carlyle Group for $3.9 billion in 2011.  She was ranked as a leading lawyer by Chambers USA:  America's Leading Lawyers for Business, and as one of Avenue Magazine's "Top Women Lawyers" in New York City.

A preeminent fashion and retail lawyer, Lois Herzeca is the co-author, with Gibson Dunn partner Howard Hogan, of Fashion Law and Business:  Brands & Retailers, a comprehensive guide to fashion law, published by the Practising Law Institute (2013).

Ms. Herzeca's fashion, apparel and celebrity clients and transactions have included:  Helmut Lang, Proenza Schouler, Derek Lam, Thom Browne, David Yurman, Brian Atwood, Rachel Roy, Tabitha Simmons, Mila Kunis, Rachel Zoe, L'Wren Scott, Maria Cornejo, Loeffler Randall, Dannijo, Beth Ditto, Milk Studios, Farfetch and Zumba Fitness.  She has also represented Goldman, Sachs & Co. as financial advisor in numerous public M&A retail industry deals, including Sycamore Partners' acquisition of Belk Inc., Ascena Retail Group's acquisition of Ann Inc., and the Hudson's Bay acquisition of Saks Inc.

Ms. Herzeca has written more than 40 articles for legal and financial publications.  She has also spoken at conferences for the Practising Law Institute, Mergermarket, the Strategic Research Institute and The Conference Board.  Ms. Herzeca has been quoted extensively in such publications as The Wall Street Journal, Law 360, The AmLaw Daily, Investment Dealers Digest, New York Magazine and The New York Law Journal.

Ms. Herzeca earned her Juris Doctor cum laude from the Boston University School of Law. In 2009, Boston University honored her with an Alumni Pro Bono award recognizing her many community-based and international pro bono initiatives. Ms. Herzeca advises public and private companies, private equity firms, and investment banks, on significant legal and business matters, including mergers and acquisitions, equity investments, license agreements and joint ventures.  Although she counsels companies in a wide range of industries, she specializes in the fashion and retail industries.


Stacey Brandenburg advises clients on privacy, data security, and a range of emerging technology-related issues. A veteran of the Federal Trade Commission’s Division of Privacy and Identity Protection, Stacey regularly represents technology companies and those with an online presence in FTC investigations involving Section 5 of the FTC Act, the FTC’s endorsement and testimonial guidelines, and the Children’s Online Privacy Protection Act (“COPPA”).  She also works with clients in responding to inquiries from State Attorneys General and has negotiated settlement agreements with their offices.

Stacey works closely with clients to develop thoughtful and workable privacy and security policies and practices, guides companies with their implementation, and provides compliance training for employees. She also provides legal advice regarding access to and use of alternate forms of data and how to make appropriate consumer-facing privacy disclosures. As another example of her involvement in an emerging industry, Stacey also has significant experience advising fantasy sports sites and operators regarding compliance with the developing regulatory frameworks and laws.

Before joining the FTC, Stacey practiced at Steptoe & Johnson LLP, where she litigated commercial disputes and advised clients on emerging technology law issues. She is in her sixth year as an adjunct at American University’s Washington College of Law, where she teaches about privacy issues raised by new technologies, including social media, big data, wearables, the Internet of Things, and the constitutional issues relating to government access to information.

After Stacey received her law degree from the NYU School of Law, where she was a Truman Scholar, she clerked for Judge Ronald Buckwalter in the United States District Court for the Eastern District of Pennsylvania. Stacey earned her B.A. in political science at the University of North Carolina at Chapel Hill, where she was a Morehead Scholar.