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Fashion Law and Business: Brands & Retailers (Second Edition)

Author(s): Howard S. Hogan, Jennifer Bellah Maguire
Practice Area: Commercial law, Corporate law
Date: Sep 2019 i Other versions can be found in the Related Items tab.
ISBN: 9781402431234
PLI Item #: 240525

To the general public, the fashion industry is most closely identified with celebrated fashion houses mounting elaborate and highly publicized runway shows in the major fashion capitals of the world. In reality, the fashion industry is much more diverse, complex, and global. Fashion Law and Business unravels the complexity and provides clear guidance on the wide range of legal and business issues faced by fashion industry participants, including designers, suppliers, manufacturers of apparel and accessories, and retailers. In Fashion Law and Business, readers will learn:

  • The considerations involved in starting a company in the fashion industry, including developing a business plan, determining the form and structure of the legal entity, and obtaining financing
  • How patent, trademark, and copyright laws have been applied to the fashion industry, and their impact in such areas as gray market goods and counterfeiting
  • The contractual relationships and regulatory issues applicable to the design and production of fashion products
  • The dynamics of retail sales in the apparel industry, including a discussion of e-commerce and mobile commerce
  • The legal issues involved in leasing and licensing brick-and-mortar retail stores, with a focus on the significant contractual terms that should be considered in connection with such real estate transactions
  • How to deal with labor and employment issues that relate to the fashion industry, including working conditions, wages and hours, child labor, use of independent contractors such as sales representatives, and developments in collective bargaining
Written by two of America’s leading fashion and retail law authorities, Fashion Law and Business provides an integrated, comprehensive guide to the issues affecting the fashion industry today.

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.

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 currently represents a number of leading brands in a series of trademark infringement actions against operators of websites that sell counterfeit goods, resulting in awards of millions of dollars in damages and broad injunctive relief.  Mr. Hogan has also represented numerous companies in successfully defending against overly aggressive assertions of intellectual property rights.

A significant portion of Mr. Hogan's practice involves computer, Internet, and new media-related issues.  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.  In 2013, Mr. Hogan obtained what is believed to be the first judgment applying the anti-counterfeiting provisions of the Lanham Act against the maker of a counterfeit mobile app. 

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).   

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 received the organization’s Outstanding Leadership Award in 1995. 

Mr. Hogan received his B.S.F.S., magna cum laude, from Georgetown University School of Foreign Service in 1994, 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.

Jennifer Bellah Maguire is a partner in Gibson, Dunn & Crutcher’s Los Angeles office and is co-chair to the firm’s Investment Fund Group.  Ms. Bellah Maguire’s practice focuses on private equity fund formation and mergers and acquisitions, including public company transactions and divestitures.  Chambers Global:  The World’s Leading Lawyers for Business has recognized her as a leading lawyer from 2012-2019 in the area of Private Equity:  Buyouts and from 2012-2013 in the areas of Investment Funds:  Private Equity:  Fund Formation.  Currently and for the past several years, Chambers USA has recognized Ms. Bellah Maguire as a leading lawyer in the areas of Private Equity:  Fund Formation and Buyouts, in California Corporate M&A:  Private Equity and in Southern California Corporate M&A.  Expert Guides named Ms. Bellah Maguire to its 2017 Guide to the World’s Leading Women in Business Law, which recognizes top female legal practitioners advising on business law.  Ms. Bellah Maguire was shortlisted for the Chambers USA ‘Women in Law’ Awards in the Corporate M&A Lawyer of the Year category, 2012.  She has also been named as one of the “Most Influential M&A Advisors” (2013) and ranked among “The Best of the Bar” for Corporate Transactions (2007) by The Los Angeles Business Journal.  Ms. Bellah Maguire has been selected by her peers for inclusion in 2006-2019 editions of The Best Lawyers in America© in the fields of Securities/Capital Markets Law and was named to the Who’s Who Legal list of Private Fund Lawyers for 2011, 2018, and 2019.  The National Diversity Council recognized Ms. Bellah Maguire on the 2016 Top 50 Women Lawyers list highlighting the most extraordinary female leaders in the industry.

Ms. Bellah Maguire holds a bachelor of arts from Bryn Mawr College, magna cum laude, and studied for one year at Sorbonne University in Paris, France.  She was awarded a Watson Foundation Fellowship following college.  She graduated from the University of California, Berkeley, School of Law, where she was a member of the Order of the Coif and served as an Associate Editor for the California Law Review.  She speaks and writes French fluently and practiced in the firm’s Paris office.  Prior to joining the firm, she served as law clerk for the Honorable Mary M. Schroeder in the United States Court of Appeals for the Ninth Circuit.

Ms. Bellah Maguire speaks frequently on corporate and securities topics.  Ms. Bellah Maguire is a member of the Board of Trustees of the Otis College of Art and Design and a founding member of the board of the Los Angeles Ballet.