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Fashion and Retail Law 2021: Trends and Developments

Speaker(s): Amy Hermalik, Arash Farin, Ava Farshidi, Blake Harden, Christopher Leach, Dave M. Wharwood, Elizabeth A. Richman, Hersh P. Patel, Howard S. Hogan, Jana Checa Chong, Jay Dubiner, Jennifer Bellah Maguire, Kelly Ann Shaw, Lisa Keith, Mark J. Gentile, Nina L. Kampler, Ryan Schreiber, Sebastian Llados Vila
Recorded on: Apr. 7, 2021
PLI Program #: 304764

Amy Hermalik is currently Counsel at Allbirds. At Allbirds she is the lead counsel for the ESG, public benefit corporation, global real estate, and U.S. employment functions. She also advises on general transactional matters, protecting intellectual property, and advertising.

Previously, Amy provided strategic and transactional legal counsel to low-income entrepreneurs and taught law school at the University of Chicago Law School as Associate Director of the I.J. Clinic on Entrepreneurship. In addition to advising small business clients on a variety of matters, she led legislative advocacy efforts at the city, state, and federal level for entrepreneurs and small business owners, with a focus on reforming unnecessary and inequitable regulations. Classes she taught included: Entrepreneurship & the Law, Reimagining the Future of Work, and Racial Segregation in Chicago.

Amy began her legal career at Kirkland & Ellis, where her practice was focused on private equity mergers and acquisitions, capital markets transactions, and private-public partnerships. She is also a Teach for America alum and former middle school teacher. She is hopeful that our expectations of corporations 20 years from now will be very different from what they are today and is eager to do whatever she can to move our society in that direction.

Ava Farshidi is Assistant General Counsel at David Yurman, a luxury jewelry company based in New York City. Her work ranges across different practices including general corporate matters, commercial contracts, real estate, employment, and compliance. She also oversees David Yurman’s sustainability committee and received her Corporate Sustainability Certificate from NYU Stern School of Business. Prior to her role at David Yurman she served as Assistant General Counsel at Rebecca Minkoff. She has several publications on emerging issues in the fashion law industry, including Evaluating the FTC Guidelines Through the Career of  Fashion Blogger, 9 Harvard Journal of Sports and Entertainment Law 185 (2018) and The New Retail Experience and Its Unaddressed Privacy Concerns: How RFID and Mobile Location Analytics are Collecting Customer Information, 7 Case W. Res. J.L. Tech & Internet 15 (2016). Ava has spoken at numerous conferences on issues in the fashion industry and was the recipient of the Luxury Law Rising Star Award in London in 2017.

Christopher Leach is an attorney in the Federal Trade Commission's Division of Financial Practices, where he focuses on fintech and fair lending issues.  He previously worked as an associate the Washington, D.C. office of Gibson, Dunn & Crutcher LLP, where he specialized in consumer, data privacy, and transnational litigation.  He graduated from Duke Law and clerked for the Hon. Gerald B. Tjoflat on the United States Court of Appeals for the Eleventh Circuit. 

Dave Wharwood is a Senior Sanctions Licensing Officer with the Office of Foreign Assets Control (OFAC) at the U.S. Department of the Treasury, where he handles complex transactional licensing matters.  Before his work at OFAC, in private legal practice, Dave advised clients on export controls and sanctions matters related to export licensing, financial transactions, and Department of Treasury investigations.

Dave also has experience in a variety of anti-dumping and countervailing duty issues, including major investigations and reviews before the Department of Commerce, the International Trade Commission, and the Court of International Trade.  His experience also includes advising transaction parties on CFIUS reviews and in Department of Justice antitrust merger investigations.  He worked for several years as an international trade policy analyst in the International Trade Administration, focusing on U.S.-EU market access and trade compliance issues.

Mr. Wharwood holds a J.D. from Columbia Law School and an MPP from the College of William & Mary. 

Hersh Patel is a real estate attorney, with experience in complex real estate transactions involving commercial properties in the luxury retail sector, in class-A urban office buildings, warehouse and distribution centers, and vineyards. As Vice President, Real Estate Counsel for LVMH Moet Hennessy Louis Vuitton Inc., he is responsible for real estate law matters affecting the French luxury group’s operating companies in the U.S., he advises executive teams of such operating companies and leads real estate activity (whether owned or leased) for the company. Hersh received a J.D. at New York University School of Law following a B.S. in Accounting and International Business at New York University Stern School of Business.

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.

Jana Checa Chong currently serves as Senior Intellectual Property Counsel for Louis Vuitton and has been with the company since February 2014.  In her role, Ms. Checa Chong is involved in the civil enforcement of the intellectual property rights of Louis Vuitton as well as various LVMH fashion group brands including Christian Dior and Berluti.  Prior to joining Louis Vuitton, Ms. Checa Chong was an associate attorney in the New York office of Gibson, Dunn & Crutcher LLP.  Her practice focused on intellectual property litigation as well as white collar defense and investigations.  As part of Ms. Checa Chong’s intellectual property practice, she had extensive experience representing brand owners in trademark infringement actions relating to internet-based counterfeiters.

Ms. Checa Chong received a Bachelor of Arts degree in International Affairs from the George Washington University.  She received her Juris Doctor degree from Fordham University School of Law, where she served as Managing Editor of the Fordham Moot Court Board and as Associate Editor of the Fordham Law Review.  

Jay Dubiner is currently the Chief Legal Officer and General Counsel of Authentic Brands Group, LLC in New York. ABG is a brand ownership and licensing company that owns over 50 celebrity/entertainment, sports and lifestyle brands such as Marilyn Monroe, Elvis Presley, Shaquille O’Neal, Prince, Nautica, Juicy Couture, Jones New York, Spyder and Aeropostale. ABG’s brands generate over $9.5 billion of retail sales worldwide.

Prior to joining ABG, Mr. Dubiner served as Executive Vice President, General Counsel & Secretary at Vince Holdings Corp, where he was one of the key members of the management team to execute Vince’s spin off from Kellwood Corporation and subsequent IPO and listing on the NYSE.

Before Vince, he spent many years as the Executive Vice President, General Counsel & Corporate Secretary at Warnaco Inc., a multibillion-dollar public, NYSE listed, global apparel, retail and consumer products company. During his tenure at Warnaco, Mr. Dubiner was a key member of the team that negotiated the successful public merger of Warnaco with PVH Corp.

Mr. Dubiner also served and Executive Vice President, Corporate Development & General Counsel at Martha Stewart Living Omnimedia, Inc. where he ran the company’s legal and corporate development department.

Jay first moved in-house from private practice to become Senior Vice President, Business Development and Strategic Planning for the internet/digital content division of the Universal Music Group.

In addition to Mr. Dubiner’s in-house corporate positions, he has worked at some of the country’s finest law firms in New York, including several years as an associate in the M&A department at Paul Weiss Rifkind & Garrison and as Of Counsel at Paul Hastings. In private practice, Mr. Dubiner focused on the areas of Mergers & Acquisitions primarily in the entertainment, media, publishing, apparel, consumer product and internet businesses.

Mr. Dubiner holds an LLM from New York University, School of Law, a JD from the Faculty of Law at the University of Toronto and a BA(Honors) from York University.

Lisa Keith is the General Counsel and Corporate Secretary of Steven Madden, Ltd., where she oversees all legal matters for Steve Madden and its portfolio of brands, including Betsey Johnson, Blondo, Dolce Vita, Greats, and BB Dakota.  Prior to joining Steve Madden, Lisa was a senior associate at Davis Wright Tremaine LLP, where she specialized in intellectual property law and represented clients in the fashion, technology, food and beverage and luxury goods industries.   

Lisa began her legal career at Gibson, Dunn & Crutcher LLP, where she practiced in the litigation department.  Lisa has written and spoken on a variety of legal topics. 

Lisa earned her J.D. in 2009 from New York University School of Law and her B.A., summa cum laude, in 2006 from Brandeis University, where she was Phi Beta Kappa. 

Mark J. Gentile is co-chair of the Corporate Department of Richards, Layton & Finger, Delaware’s largest law firm. Mr. Gentile has served as Delaware counsel on some of the world’s largest M&A transactions. Considered “an expert on Delaware transactional law and corporate governance” (Chambers USA), he is one of Delaware’s leading advisors on complex mergers and acquisitions, divestitures, recapitalizations, and corporate governance issues. His clients are major corporations and their officers, directors, board committees, and stockholders.

Mr. Gentile is an appointed member of the American Bar Association’s Committee on Corporate Laws. He is on the Planning Committee of the Tulane Corporate Law Institute, and served as co-chair of the PLI Directors’ Institute on Corporate Governance from 2016 to 2020. Mr. Gentile is a frequent lecturer regarding corporate law and business combinations at securities and corporate law symposiums around the country.

A fellow of the American College of Governance Counsel, Mr. Gentile is recognized in Chambers USA, The Legal 500, The Best Lawyers in America, and several other ranking directories. He received a JD, cum laude, from Boston University School of Law, where he was managing editor of the Law Review.

Nina Kampler has over 35 years of industry experience as a lawyer, broker, restructuring advisor, leasing expert and business consultant. She formed Kampler Advisory Group in 2012 to provide opportunistic value-added advisory services to the retail and real estate industries. Nina deploys her unique combination of legal and analytical skills, deep market knowledge, vast network of curated relationships, keen ability to discern trends in the consumer goods industry and real estate marketplace, and her rich familiarity with the retail real estate landscape throughout the USA, to resolve corporate and retail challenges.

From 2010 through 2012, she was Senior Managing Director of CBRE’s Retail Services Group, managing the New York Tri-State retail brokerage platform and heading the Urban Retail Group in the Americas, integrating the high-street retail practice in the US with the practice groups in Europe. 

Prior to CBRE, Ms. Kampler served as Executive Vice President for Hilco Real Estate from 2004 to 2010. She directed their strategic retail and corporate solutions group and led retail business development. Ms. Kampler collaborated with major national and international companies to implement real estate portfolio restructuring strategies. She includes Starbucks, Tumi, and GEOX among her clients. 

Previous to that role, she spent 16 years at Polo Ralph Lauren Corporation, serving as their Vice President, Retail and Real Estate Counsel.  In that capacity, she negotiated all store and corporate real estate transactions throughout the U.S. and Canada.  She also held the position of acting General Counsel for Club Monaco.

Earlier in her career Nina practiced law at Coudert Brothers and Richards & O’Neil, law firms in New York.

Ms. Kampler is a member of the ICSC US Law Conference Committee and the Advisory Board of LeasePilot. She has served on the Advisory Board of the Georgetown University School of Law Advanced Commercial Leasing Institute as well as the Board of Governors (founding member) of the National Retail Tenants Association. She has also served as Associate Dean of the School of Retailing of the University of Shopping Centers at Wharton. She is a frequent panelist, lecturer and guest columnist for many organizations, including ICSC, ICSC Law Forum Europe, Shopping Center Roundtable, NYU Stern School of Business MBA program, Reuters Consumer and Retail Summit, American College of Real Estate lawyers, PLI, New York State and New York City Bar Associations and other industry conferences and publications.

Nina is a graduate of New York University School of Law and the University of Pennsylvania, where she received a B.A., summa cum laude, and an M.A. in International Politics.

As Vice President for International Trade, Blake coordinates with RILA's government affairs team to advance the retail industry's trade policy agenda. Blake acts as a liaison between RILA members and Congress as the industry voices its support for a U.S. federal trade policy that fosters economic growth.  Blake also leads RILA’s International Trade Committee and Customs Committee.
Prior to joining RILA, Blake served for three years as Trade Counsel to the Committee on Ways and Means.  Before her time on Capitol Hill, Blake served for ten years as an attorney with U.S. Customs and Border Protection’s Office of Chief Counsel.
Blake holds a B.A. in International Relations from Michigan State University and a J.D. from the University of Detroit Mercy School of Law. 

Elizabeth currently serves as the General Counsel and Corporate Secretary for Eileen Fisher, Inc.  In her role as the senior legal officer, she oversees the company’s legal affairs, corporate and regulatory compliance, and government relations.  She also plays an integral role in the company’s ESG initiatives.  Elizabeth brings over 15 years of legal experience to her role.  Prior to joining EILEEN FISHER, she was the Vice President & Special Counsel to the Chairman at MacAndrews & Forbes, where she oversaw transactions and litigation and worked closely with with various MacAndrews’ affiliates.  She began her legal career at Cahill Gordon & Reindel LLP, representing financial institutions in a variety of litigation and investigatory matters.

Elizabeth received her bachelor’s degree from the University of Pennsylvania, magna cum laude, and was awarded a Thouron Fellowship.  She received a Master’s of Arts degree in intellectual history from the University of Sussex, England and received her Juris Doctor degree from NYU School of law, where she served as an editor of the Annual Survey of American Law.

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.

Kelly Ann Shaw, former Deputy Assistant to the President for International Economic Affairs and Deputy Director of the National Economic Council, brings to bear a deep knowledge of U.S. international trade, investment, and economic law and policy drawn from her extensive public service at the White House, the Office of the U.S. Trade Representative (USTR), and the Ways and Means Committee in the U.S. Congress.

In her White House role, serving on both the National Security Council and National Economic Council, Kelly Ann led the Office of International Economic Affairs and played an instrumental role in a wide range of legislation, negotiations, and agreements, including the U.S.-Mexico-Canada Agreement (USMCA) and the China Phase One agreement. As a senior adviser to the president on matters of international economic policy, including trade, investment, development, global economics, energy, and the environment, she was directly involved in almost every major economic decision made at the Trump White House.

Kelly Ann also has served as lead U.S. negotiator at the G7, G20, and APEC and led the U.S.-UK Economic Working Group. As Republican Trade Counsel for the Committee on Ways and Means, Kelly Ann played an important role in formulating U.S. international trade and investment law, policy, and strategy. In her role as Assistant General Counsel for USTR based in Geneva, Switzerland, and Washington, D.C., she represented the United States in more than 40 World Trade Organization (WTO) disputes and in negotiations. She also served as a lead lawyer, negotiator, and adviser in other important international negotiations, including the Trans-Pacific Partnership.

Prior to her distinguished government service, Kelly Ann was in private practice in Washington, D.C.

Ryan is the Managing Member and a co-founder of Schreiber Pulvirenti LLC, a boutique law firm providing retail companies, real estate developers and other businesses with leasing and other transactional legal services. For over 25 years, he has provided counsel to retailers and real estate developers either in-house as an employee or as outside counsel since beginning his own practice, Ryan A. Schreiber, P.C., prior to the formation of the firm. Ryan worked in various capacities at Petrie Stores, Party City, The Children’s Place, New York & Company and dELiA*s, the last two as general counsel. He earned his BA from the University of Michigan and a JD from Hofstra University School of Law. Ryan is based in the firm’s Hawaii office, and is licensed to practice in New Jersey, New York and Hawaii.

Sebastian Llados Vila is the VP of Real Estate and Property Management at Samsonite and TUMI. He started working at TUMI as VP of Global Real Estate in 2015.

Prior Experience: 25 years of experience in Retail holding management positions in Planning, Finance, Strategy and Real Estate. He has focused on Real Estate the last 15 years.

Studies: Holds an MS in Engineering from ITBA (Buenos Aires, Argentina) and an MBA from Haas School of Business (Berkeley, CA).

Mr. Farin, a Managing Director, joined The Sage Group in 2009, and focuses on transactions in the e-commerce, personal care/beauty, media, location-based entertainment, and retail sectors. Previously, Mr. Farin worked in the Global Financial Sponsors Group at Lehman Brothers, where he advised on large-scale leveraged buyouts. Prior to Lehman Brothers, Mr. Farin worked in the M&A division at The Blackstone Group and in investment banking at Goldman Sachs.

Mr. Farin is an active participant in the Pacific Council and World Affairs Council. Mr. Farin earned a B.S. degree at The Wharton School at the University of Pennsylvania and studied at Oxford University, and also earned an M.B.A. from Harvard Business School.