February 10 – February 11
The newly merged Art Litigation & Fashion Law Conference brings two global industries into one compelling program. This year’s conference will be held virtually over two days, with four educational panels each day. Experts in commercial transactions, employment law, international trade, and intellectual property will collaborate for panels at the advanced and primer level. The conference is designed for attorneys and non-attorneys who are interested in the intersection of art, fashion, and the law. Registered attendees are invited to network in-person at the National Arts Club’s Thursday evening reception (advance online RSVP required).
Agenda
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
5:30 – 7:00 pm ET | Networking Reception
The National Arts Club (5 Gramercy Park South; New York, NY 10003)
Advance Online Registration Required – select “Networking Reception 2/10 (Registration Required)” during the checkout process for admittance.
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
- Stacy Stewart, Associate General Counsel, Trademarks – Consumer Beauty, 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 (such as in California), 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 explore how new laws that were recently enacted are expected to impact the fashion industry (California Labor Code section 2100, effective January 1, 2022, will regulate certain covered supply chain employers. Finally, the panelists will 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.
- 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)
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
- 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
- Moderator: Katherine González Valentín, Capital Member, Ferraiuoli, LLC
- Glianny Fagundo, Partner, Thompson Hine LLP
- Nicole Rodríguez Velázquez, Associate, Ferraiuoli, LLC
Registration
Registration for this event will close Friday, February 4, 2022.
Full Conference
- Sustaining Member $330
- Member $350
- Nonmember $425
- Government/Academic $225
- Law Student $75
- Observation (no CLE) $200
Single Day
- Attorney (CLE) $250
- Observation (no CLE) $150
Select “Networking Reception 2/10 (Registration Required)” during the checkout process if you plan to attend the networking reception on February 10 at the National Arts Club in New York City. Reception attendance is restricted to conference attendees with paid registration ticket and speakers.
