Wednesday, December 11, 2013

Chanel via Karl Lagerfield in Dallas for Metiers d' Art Show

Kristen Stewart in Chanel
Elle's Fashion Boudoir Blog
As we reported earlier this year, Karl Lagerfield is currently in Dallas for the Metiers d' Art Show. Guests included Vogue Editor Anna Wintour and Kristen Stewart, the campaign face of Vogue. reports: 
The show features a Paris-Dallas collection of Texan and native Indian influences. Guests are seated in vintage convertibles in a custom-built drive-through cinema to watch Lagerfeld’s new film ‘The Return’. The film is about Coco Chanel’s comeback collection of 1954, which was only well-received by American media and buyers, in particular the Dallas-based department store Neiman Marcus. The patronage received from Neiman Marcus effectively saved Chanel from closure and was the impetus for Lagerfeld’s choice of Dallas as this year’s MĂ©tiers D’Art destination. 

Tomorrow, Neiman Marcus will present Anna Wintour with an award for Distinguished Service in the Field of Fashion. The luxury fashion store once presented this award to to Lagerfield in 1957 in Dallas, Texas.

Friday, October 25, 2013

Beauty Law: Mascara is Exempt from Mercury Ban at United Nations' Minamata Convention
On October 10, 2013, over 140 nations negotiated and signed a United Nations Minamata Convention pact designed to limit mercury use and emissions. As a result mercury mining, certain batteries, switch and delay units, and light bulbs were banned. Even certain soaps and cosmetics were banned but mascara was not; and Stacy Malkan, cofounder of the advocacy group Campaign for Safe Cosmetics, asks why. Malkan says women should not put something so toxic close to their eyeballs. 

Mascara is known to contain mercury but not enough to be pulled from store shelves. EnvironmentalandHealthNews.Org reports that although soaps and cosmetics containing more than 1 part per million of mercury will be banned by 2020, mascara and other cosmetics are exempt because of concern that there are no other safe alternatives. But Malkan, disagrees. She says that there is no reason that a known neurotoxin should be allowed in any of these products because most companies have already found alternatives, they just have not been using them.  Instead of using mercury, some major brands use phenoxyethanol, methylisothianzolinone, parabes and formaldehyde releasers, but such substitutes may not be benign. formaldehyde is a carcinogen for example, but none of the substitutes is as toxic as mercury. 

Additionally, the Food and Drug Administration allows mercury in eye cosmetics at a concentration of up to 65 parts per million. In fact, the FDA does not require ingredients that comprise less than 1 percent of a cosmetic product to be divulged on the label, so if you did not know, you would never know from reading the label.

But is a little mercury in mascara bad? Scientific research proves the helpful use of mercury. Mercury acts as a preservative and a germ killer to inhibit the growth of bacteria and fungi that could spoil the products. Joanna Tempowsi, a World health Organization Scientist says that "the risk- benefit analysis favors the use of these preservatives." Kristin Adams would disagree. Adams is the chief executive officer of Afterglow Cosmetics, a natural and organic cosmetic company, and she believes that the big cosmetics companies use preservatives to extend shelf life. She says, "the large companies are looking for a 5 year shelf life or the cosmetics will go bad very fast."

Fashion Legallaire's take: As of right now, mascara is not banned from the mercury treaty but there should be careful consideration in its use. For starters, one should not use the same mascara for more than three months because reuse exposes it to air and the eye, multiple times causing bacteria to form. Always wash your makeup off every night especially around the eye areas for they are the most sensitive. Facial pores grow its own bacteria let alone more caused from makeup use. For more environmental health news visit For more fashion environmental news, read our article on the Fashion Toxic Report. 

New York Law Now Protects Child Models

This week serves as a happy time for child models in New York because NY governor Andrew Cuomo signed a new child performer law which includes protection for runway and print models under the age of 18; and specific accommodations for those under the age of 16. As a front runner in the fashion frontier, it is a shame that NY did not already include child models in its labor laws.

Before the passing of this law, a child performer in the state of New York was anyone under the age of 18 in the artistic or creative services (New York Arts & Cultural Affairs Law sections 35.03 and 35.05). Only that models were excluded from this law. Consequentially, a child model had no legal recourse for any child labor law violation. Child Models need health, educational, and financial protection too. They work long hours, sometimes miss school, experience financial mismanagement, and are may be subject to very egregious violations such as sexual abuse so it is very important that they have legal protection. Check out our post on Model Law 101.

Many model supporters in the fashion industry knew that it was time for a change. Under the leadership of Sara Ziff, fashion model, and founder and director of the Model Alliance (MA), MA proposed  a petition to give child models the same legal protections as all child performers on June 9, 2013. The bill was introduced by Senate Co-Leader Jeff Klein, State Senate Labor Committee Chairwoman Diane Savino, and House of Asseblyman Steven Otis. Subsequently, the New York State Senate and Assembly passed it. Now that it is signed into law, it goes into effect after 30 days.

What changes can NY child models and employers expect to see?

  • designation of a responsible person to supervise their work place if they are under 16
  • employers must provide nurses and pediatric care on hand at all times
  • a healthy and safe environment
  • teachers with a designated work space for tutoring/education, breaks and snack times (aww)
  • no working earlier than 5 a.m. and no later than 10 p.m. on school nights; and no later than 12:39 a.m. on non-school nights
  • the child or parent's guardian and employer must transfer at least 15% of the child's gross earnings into a separate bank account
Fashion Legallaire's tips: It is always best to consult a fashion attorney to make sure that you are following employment practices with your fashion company. Nobody wants to be known as violating child rights so make sure that you understand the law well and follow it. Make sure that the area is safe and healthy for your child models, their families, and your staff with the necessary health and educational professionals on hand with designated work areas. Lastly, when in doubt, if you do not need a child model just hire an adult model. On top of other legalities, hiring a child model requires more legal documents like work permits, certificates, and more contracts so cross all your t's and dot all of your i's . 

Hopefully this new American law will bring change in other fashion industries of the world. Many European countries are notorious for harsh conditions when it comes to child models.

Wednesday, October 16, 2013

Whistleblower Rick Bourke of Dooney and Bourke Jailed for White Collar Crime
Don't blame the whistleblower or do you? In today's fashion law report, we have Rick Bourke, cofounder of  the luxury hand bag company Dooney and Bourke, and the corrupt Azerbaijani oil deal. The american businessman and philanthropist is caught in the midst of white collar crime and is another whistle blower jailed under the Obama Administration.

Democracy Now reports that since May 2013, Bourke has been held in federal prison serving a term of one year and one day for violating the Foreign Corrupt Practices Act for alleged knowledge of a bribery that took place in 1998. After blowing the whistle on the fraudulent scheme by international criminals to gain control of the oil riches of the former Soviet Republic of Azerbaijan, Bourke's guilt has been questioned.

His charges include conspiring to pay bribes to government leaders in Azerbaijan as part of a risky scheme to buy the state oil company in the former Soviet republic. After an unsuccessful appeal, he was ordered to pay $1 million in fines.

As a major investor in the deal, the fact is not made certain whether Bourke was a victim, criminal, or mere whistleblower. While the question awaits to be answered, Bourke remains as the only person behind bars in custody at Englewood maximum security in Denver, Colorado. Bourke claims that he was defrauded by the oil scheme's promoter Victor Kozeny. Kozeny was not charged but referred to in court as the "Pirate of Prague."

Bourke's attorney, Michael Tigar asks, "Why is it that the United States government, having seen that the District Attorney's Office has caught Kozeny, a thief- why is it that they would go after the guy that blew the whistle on the thievery and bribery, Rick Bourke?"

More of the story here.

Sunday, October 6, 2013

Is Prada Spring/Summer 2014 too Modern?

When you think of Prada, you may think about the women's designs that shadow the 30's and the 40's - tailored and classic dresses, skirts, pants, and blouses for women. Though traditional, this style is the foundation that built Prada and gives her the client fan base she has known since 1930. However, if you saw the spring and summer collections for next year, you will see that Prada looks very modern- popart-ish with bright colored designes. 

And in response, my friends and I had a few questions: were is this modern look too modern for Prada (if there ever is such a thing)? Is this the new direction of Prada or is this simply a collection? We figured that a fashion power house has to stay modern enough to stay fresh with the time and gain new or younger clients in addition to maintaining its true essence to keep their previous clients. Also, this could just be a collection. The creative director for this line is Prada's granddaughter Miuccia. She is a collector of contemporary art so that could explain her artistic focus and direction of this line. But no disrespect to Miuccia who introduced her first women's ready-to-wear collection that was critically acclaimed in 1989. The council of Fashion Designers of America presented her with the International award in 1993, a very prestigious award. 

The future can only tell us what direction Prada will continue to go in. A fashion house cannot win or keep everybody and neither should they try to make that its , but it is very important to keep delivering what the true clients want . 

Marc Jacobs' Last collection for Louis vuitton

After 16 years with Louis Vuitton (LV), Marc Jacobs will no longer be the creative director. Originally known as a luxury bag and luggage house, Jacobs' direction made LV one of the most formidable ready to wear fashion houses to date, with the introduction of women's wear.

Jacobs says he wants to focus on his namesake brand so he showed his final collection for LV SS 2014 show in Paris. The showcase is reminiscent of a cold and dark London fall with lots of black and very Cirqe du Sole-ish.

He does dedicate the collection to the women who inspired him- Emmanuelle Alt, Judy Garland, Coco chanel, Diana Vreeland, Barbra Streisand, and Anna Wintour- to name a few.

Thursday, September 19, 2013

Happy 1st Birthday Fashion Legallaire

Today is the Fashion Legallaire one year anniversary and we wanted to celebrate it with you!! With over 113,000 hits (whoohoo!!), thank you for all of the support!  It seems like only yesteryear that we started but we are ROLLING. 

We know you don't have to get your fashion law news here, but you do; and for that we say THANK YOU!!!!! 

And since we know you read us from ALL over the world,

Fashion Legallaire: Just remember to follow your dreams and they will come true. 

Monday, September 9, 2013

Exclusive Interview with Stephen Goudeau of Studio 6th Sense

New York Fashion Week 2013 is going strong in its second week. And In honor of the most fashion famous week, Fashion Legallaire got the privilege of speaking with fashion designer Stephen Goudeau, creator of Studio 6th Sense, a mysterious and elegant, yet sexy clothing line. 

Since his start on the fashion scene, Shreveport, Louisiana native Stephen Goudeau has twice premiered Studio 6th Sense on the stages of New York Fashion Week. As one of the most famous fashion weeks of the world, we know that if you make it there, you have really made it as a fashion designer. 

So without further adieu, the interview:

1.      How did you get your start as a fashion designer? 
Well Growing up I  have always had an eye for fashion and all types of art.Inspired by history, my love of music, and everyday surroundings, I began to create my own fashion ensembles. In contribution to the love of drawing and sketching, I  took an interest in fashion design in 1999. Sixth Sense decided to convert into a business in 2004 and then became known as Studio Sixth Sense.

2. How did you come up with the name Sixth Sense?
 We were blessed with 5 senses. Our 6th sense being, the sense of style, the uniqueness of each woman that is illustrated in the way that they embrace their "uncommon" alter ego. Fashion is something that lives inside of you. Just like our senses.

3. As a young designer in the fashion industry, what new things have you learned?
 The importance of being passionate about your brand. There are so many obstacles to putting on a fashion showing, marketing, advertisement, etc. One of the most important things is to have a great team behind you. And at Studio Sixth Sense we are a family and we support each other. That is the main key to our success.

4. As a fashion business owner, how important is it for you to protect your designs and company brand?  
It is very important. My ideas and designs are my own. I get inspiration from a number of places but at the end of the day I turn it into my own piece, my own imagery. That should belong to me, its only fair.

5. How does a fashion designer get to present his/her fashions at New York Fashion Week (NYFW)? 
 Hard work and dedication. My team and I have continuously promoted and advertised our brand on social networks, websites, etc. Branding is the key to getting  your name out. We were able to grasp the attention of the right people and before we knew it our NYFW opportunity was before us.

6. When you first found out that you would be featured at NYFW where were you and what was your first reaction?
 I was at home and I was shocked but humbled. I knew my designs would go big one day but when it happened I was stunned and ready. 
 7. What and or who inspires you as a fashion designer?I'm mostly inspired by the love of art and fashion, mixed with everyday beauty of the female. I love to see the structure and physique of everyday women. I want them to embrace and express themselves through Studio Sixth Sense clothing.
8. There has been failed attempt on Capitol hill for legislation that will protect designs through copyright protection. Some critics of the proposed legislation say that the bill should not pass because of (1) fashion trends live too short time span to really guarantee protection; and (2) no fashion is really original because it spawns from other creative designs and thus passing legislation for design protection would stifle future creative designs. What is your take on the proposed legislation and the criticism?
 I feel that either way, we are all inspired by each other. Every artist, designer, got their inspiration from something or someone that was created by another individual. Its hard to say that is my design, or that is my presentation. Sometimes great minds just think alike.
9. What inspired the "Eternal Submission" collection and why did you choose it as your NYFW debut?
  I guess I was inspired by the people’s resistance to feel free. So many times we stay inside the box for fear of what others may think or say. I wanted this collection to be daring, exotic, sexy. I want the consumers to look at the pieces and be shocked at the sexiness but embrace it because it is a work of art. In a perfect world, we would all submit to our desires, instead of being conformed to what we have come to know as “normal”

Eternal Submission

10. What are 5 words to describe the spirit of the fashion at Sixth Sense? 
 Daring, Individuality, Exclusivity, Mysterious, Inviting 

11. What can the public expect next from Sixth Sense?
 Another massive and mind altering line. This one edgier than the one before. We want to be bold, stand out, let the public know we are here to stay.

12. Where can the public find your fashions?

Instagram and Twitter:  @studio6thsense

Well there you have it! An exclusive interview with Studio6thsense. Check them out.   

Thursday, August 1, 2013

Rihanna Wins Case Against Topshop (Case Break Down)

Remember when Rihanna first brought suit against Topshop, an English retailer, for selling unauthorized shirts with her face on them (read full story here)? Well as of Wednesday July 31, 2013 Mr. Justice Burrs reached a decision in RiRi's favor.

For many of us, the issue was the issue. Since publicity rights is not a proper claim to bring in an English court, as it is in the U.S., we wanted to know what type claim Rihanna would bring against Topshop and how she would justify that claim.

Per Justice Colin Burrs on official record: This case is concerned with passing off and not the so called image rights claim (Douglas v Hello [2007] UKHL 21). To establish passing off three things must be proved by Rihanna. She must show that she has goodwill and reputation amongst relevant members of the public; the conduct she complained of must be shown to make a misrepresentation (deceiving the public into buying the product because they think it was authorized by her); and that misrepresentation must cause damage to her goodwill. (read the full opinion here).

Further Justice Colin Burrs names Rihanna a "Style Icon" and simply categorizes this case as a a misrepresentation to pass off her image as an authorized deal to sell merchandise.

Tuesday, June 25, 2013

I Spy a Counterfeit Kenneth Cole Reaction Wallet

As I was shopping for a new crossover bag at Sam Moon, the jewelry, purse, and accessory mega store, I came across a counterfeit "Kenneth Cole Reaction Tri Me a River" Wallet in blue and green.

Sam Moon does not carry named brand designer bags. It is simply a fashionable store to find great trendy items for less. So I was SHOCKED when I saw the KC counterfeit wallets neatly HIDDEN in the corner for $5 and $8!!! Now unless you are shopping at the Kenneth Cole discount store in Nowhere, USA (because it does not exist), you will not find them anywhere for less than $34.99 and that includes third party retailers like Silver Hook, Inc. Click the link for the real wallet and see the pictures below for the counterfeit.

$4.99 and $7.99 KC Wallets from recent seasons? "Where they do that at?" Maybe a garage sale.

The wallets with the severely discounted price are counterfeit and therefore illegal because they not only almost identically resemble the real KC Reaction wallet; but they use the KC Reaction symbol on the purse to further pass the wallet off as the real deal. Further, when a fake purse uses the same symbols and label names to decorate the real item, it infringes upon the federal trademark, as done here with the wallet shown above.  Ultimately, a counterfeit is made to pass as the original item.

Fashion Legallaire's Tip: A Knock-off, on the other hand, is an inspired design. It does not try to pass as the original item (by using same labels names as a counterfeit) and therefore is legal in the U.S.

      ** For more information on the difference between a knock off and counterfeit, visit A Preponderance of Fashion, another awesome fashion law blog.


1. Check out the Price Point. At Sam Moon, even the non named brand wallets cost more than the counterfeit KC wallets. A definite eyebrow raiser and alarm for counterfeit.
2. Meticulously look at the design. All the real KC Reaction Tri Me a River snake skin fade colors start with the same colors from left to right while the counterfeit wallets did not match.
3. Meticulously look at the label names. Is it spelled correctly, same size, and same location?

Definitely do not support counterfeit items. It is flat out stealing and at the end of the day, you paid for a fake version. Yes shopping for designer luxury can be expensive and when you want to ball out on a budget, it is very hard to find great deals but FIGHT THE TEMPTATION. You can always save up for the real deal. :)

By the way, in 2010 Coach sued Sam Moon for selling look a like handbags. Check out the trademark infringement complaint here. More news to come on the standing up this case.

Thursday, June 20, 2013

New York Passes Fashion Model Law

Take a look at a comprehensive analysis by my colleague Uduak Oduok, Esq. at her fashion and entertainment blog.

Dolce and Gabbana Sentenced to Jail for Tax Evasion

Yes, you have read correctly. Ok we were first surprised by the news too; but then again, tax evasion seems to be a pretty common thing for many celebrities. Lauryn Hill last month, and this month Domenico Dolce and Stefano Gabanna, better known as the fashion duo behind high fashion line D&G.
According to British Broadcasting Company (BBC), the two have been sentenced to jail in Italy for one year and eight months for hiding millions of euros from Italian tax authorities.

But does the time fit the crime? BBC reports that investigations began six years ago. Later on in 2004, the designers moved their brand to Luxembourg under the name Gado. The Judge says that the move was to avoid declaring taxes on royalties around 1 billion euros ($1.3 bn). Lastly, D&G sold their business for well below actual market value.

The two men were not at trial, but subsequentially denied the charges and appealed- though no public statements have been given.

Fashion Legallaire's Thoughts: with a fashion institution this big, D&G can afford the attorneys needed for this law suit. Also, tax evasion is a civil crime so no criminal attorneys needed. However, since their attorneys are considered fashion lawyers, this is a very good example of a fashion lawyer putting on multiple hats as counsel and advocating as necessary. Yes, the primary job may be fashion, but when other issues arise, it is up to the fashion lawyer to give the best counsel.

Kardashian Sisters Lose the "Khroma" Fight for their Beauty Line

As Women's Wear Daily reports, the Kardashian sister's  lost its fight to sell its beauty brand under the name "Khrome." Read the original story about the lawsuit here.

Boldface, the Kardashian's beauty licensor, stated that the sisters are looking forward and see thsi decision as a postive move forward. Further, it is confident that the fans are more interested in the Kardashian sisters' commitment to cosmetics than about the name of the line.

Courtesy Photo
The line is set to hit stores this month.

Wednesday, May 22, 2013

Rihanna sues Topshop for T-shirts.

Musical superstar Rihanna is suing British fashion retailer Topshop for $5 million dollars for selling t-shirts bearing her image  from the 'We Found Love' video. She hired a London legal team to plead her case before Her Majesty's High Court of Justice. The case is currently in the pretrial phase.

The t-shirt has been on sale since the end of last year. And when Ri-Ri found out about it, she and TopShop  negotiated for eight months regarding the rights to her image. But all hell broke lose when Topshop offered the popstar a low $5000. I'm guessing that's when she hit them with the "hell naw" and sued  them.

But the true question is what issue will Rihanna plea? In the U.S., this case is a common 'Right to Publicity" case. This case arises when a person's image, person, or personality is commercially appropriated without that person's permission. This happens to celebrities and other famous people all day everyday.

 HOWEVER, the U.K. does not have such a lawsuit. WWD reports that in the U.K. "anyone who legally purchases an image can use it, unless it is trademarked." So in order to sue, Ri-Ri's lawyers would have to prove that the Topshop T-shirt portrayed her as "endorsing" the brand.

Rihanna already has a fashion line at Topshop's competitor River Island. So we can count them out as a viable duo for a  future fashion collaboration.

Tuesday, May 21, 2013

I'm "Supreme Bitch!" Supreme vs Married to the Mob. Oh the Irony

Rihanna wearing a Supreme Bitch hat
Here at Fashion Legallaire, we love a good fashion law fight. Why? Because soon, justice will be served. Either in a settlement or in court. Today's fight is a $20 million law suit over the T-shirt design "Supreme Bitch" and is brought to you by Supreme and Married to the Mob, two casual fashion gurus in their own right. Sticking to fashion law roots, this fight is a common intellectual property battle over trademark rights.

The Scoop: In 2004 Married to the Mob (M to M) bore the brand "Supreme Bitch" for it's first brand collection. The logo, which celebrates male-dominated streetwear subculture has been a celebrated for over 10 years. However, Supreme founder James Jebbia says that MtoM's t-shirt design infringes on his trademark rights.

BUT WAIT THERE'S MORE! IRONICALLY, when M to M initially released his shirt, Jebbia stocked it in his store. And as any initial start up fashion company should and would do (see article on forming a fashion start-up business), M to M has a filed trademark application for Supreme Bitch, New York Magazine Reports.  And even though it was only about 2 weeks ago (ha!), she still filed it.

M to M founder Leah McSweeney has publicly responded via her blog in response to Jebbia's accusations:

As some of you may have heard, Supreme is suing me for $10 million over my “Supreme Bitch” design. I’ve been using this design since the first MOB collection in summer 2004. I even sold it as a tee at Union, a store owned and managed by Supreme’s founder James Jebbia, who gave the design his blessing. Now, he’s claiming that the design infringes his trademark rights.
Unlike some companies that blatantly rip-off other brand logos, Married To The Mob has always had its own identity and aesthetic by being an extension of my life experiences. I started this company when I was 22 and have come a long way without a piggyback ride from anyone.
Supreme Bitch is one design of many; one slogan of many. And the use of the design has always been to make fun of the misogynistic vibe of Supreme and the boys who wear it.
Bottom line is this: I don’t think Supreme should be able to squash free speech or my right to utilize parody in my design aesthetic. It’s one of the most powerful ways for me to comment on the boy’s club mentality that’s pervasive in the streetwear/skater world. The fact that Supreme is coming after MOB and me personally is just another example of the hostility that MOB — the first women’s street wear brand — has faced from Day 1. And it’s why the Supreme Bitch message is so important.
Civil liberties attorney Norman Siegel agreed to take my case and act as co-counsel along with Edward Rosenthal of Frankfurt Kurnit Klein & Selz PC, a law firm that specializes in trademark issues. This isn’t a fight I went out looking for, but I have no choice other than to fight back. Because right now, it’s about more than just a t-shirt!

So we carry the "enemies" t-shirt line in our store for a 10 years and then sue? Well  that doesn't make sense. Unless Jebbia is indirectly saying that he didn't believe that M to M would thrive as the successful line that it is now. Oh that's exactly what he said. According to NY Mag, Supreme says, "M to M's shirts aren't just logo appropriation, they are trying to build her whole brand by piggybacking off Supreme." Further Supreme founder Jebbia thought was just going to be a shirt turned into towels, hats, mugs, and mouse pads. Jebbia has since demanded M to M remove the offending items from retailers such as Karmaloop and Urban Outfitters. Now who is offending who?

Also, NY mag also reports that Mcsweeney says she does not have $250,000 to litigate this case and Jebbia knows that. Jebbia could just be playing his chess pieces to win in this fight.

We will keep you posted!

P.S. Special thanks to Raja Singh J.D. for the inspiration.

Friday, May 17, 2013

The Great Gatsby, Fashion, and Canne.

So The Great Gatsby came out last Friday and instead of watching it, I just decided to re-read it. Well the way my U.S. secondary school education account is set up (Kevin Hart joke), I did not gain the necessary elements from this great classic the first time. So I'd rather read it again in my mid-twenties and understand the love life of the rich folk in the 20's. :). (Side Rant, I must reread many classics that were mandatory in school, because when forced to read in an academic setting, the fun is taken away and all I came away with was just enough to ace the quiz or exam).

So any who, the premier was in beautiful Canne, a dreamy destination adorned by fashion and the Mediterranean. To say that I love Canne is an understatement. My time there was filled with the beach, shopping, gyros, European salads, and wine. To top it off, I got to stay in my hotel. Yes, the Stephanie Palace. After all, Stephanie does mean royalty.

All photos of Solange courtesy of

Here is the beautiful Solange Knowles, never short of amazing when it comes to fashion and music. She definitely exemplifies the movie and South France in her Nude Stephane Rolland dress, tangerine lips/nails, and champagne gold accessories. :)

Now a trip down memory lane of me in Canne. Join me will you.

Your Truly of course, chillin on the Mediterranean. 

Me on the Meditterranean

My namesake Hotel

We know France is A1 when it comes to fashion

orange nails and parrot ring :)

Monday, April 29, 2013

Summer, Beyonce and H&M
Here at The Fashion Legallaire Blogspot, we celebrate H&M for it's affordable and unique European fashions.We also celebrate H&M for teaming with Beyonce for bikini/beach wear. We know that Beyonce is no stranger to fashion and beauty. She has her own clothing line, and covers the most famous fashion magazines. Her fashion sense with the awesome creations of H&M make a great

WWD reports what you can expect from the collection:
They are full of her own personal style,” said Ann-Sofie Johansson, head of design at H&M. Items include what’s described as “the perfect body-con dress,” a beach gown slashed to the thigh, high-waist shorts and a sleeveless shirt. In one of the ad images, BeyoncĂ© wears a tie-dyed bikini from the H&M for Water range, with a quarter of sales donated to the WaterAid charity.

The awesome collection hits stores this summer.

Check out the sultry video here.

Check me out in my favorite picks from HM by Beyonce below:

Social Media in Litigation and the Legal Process

Let's talk Social Media Law

Social media litigation is fast growing. With litigation suits brewing over applications on Twitter and Facebook, many courts are learning just how to fit Social Media into the legal tangibles such as evidence and service of process. 

For example, a federal New Jersey Court said that one man’s Facebook account evidence so when the plaintiff deleted his account during ongoing discovery, he was sanctioned for “spoliation of evidence.” Gatto v. United Air Lines, Inc., No. 10-1090-ES-SCM, 2013 WL 1285285 (D.N.J. mar. 25, 2013).  The defendants successfully argued that the Facebook account was credible evidence to dispute the plaintiff’s damage claims.

This holding makes two points: Attorneys should consider using pursuing discovery of their opponents’ social media information; and there may be a duty to preserve their own social media evidence.

Lastly, as social media continues to grow in litigation use, compliance with civil procedure will be a necessity.  Does the future foresee service of process (serving legal documents on an opposing party) through Facebook? Well a federal judge in New York ruled where defendants run an online business, communicate with customers via email, and advertise their business on their Facebook pages, service by email and Facebook together presents a means highly likely to reach defendants. FTC v. PCCare247 Inc., No. 12-7189 (PAE), 2013 WL 841037 (S.D.N.Y. Mar. 7, 2013.). 

In cases where it is difficult for an attorney to reach an opposing party through traditional means, using social media may be more efficient and effective.

Past look at Social Media in Litigation check out this story we blogged here.

Friday, April 5, 2013

Forming a Fashion Start-up Business

Primarily it takes inspiration, motivation, hard work ethic, good planning and adequate capital to start a successful fashion business.  You should choose a unique name for your business. And this name should be on file with the county or state and identifies the business entity. Also, this name is different from the brand name, which we will discuss in a later post.
Next you should, select a form of business entity- most fashion companies based in the United States are formed either as corporations or limited liability companies. Both types are created by state law and vary by state law.  

     A.     Business Formation
1.      Sole proprietorship- simplest form of business in which the individual is personally liable for all the debts of the business. The rule that I have always been told about starting a business is NEVER HAVE A SOLE PROPRIETORSHIP. Why? Because if your business flops, you are personally liable. Your personal bank accounts will get hit. So most people cover themselves by forming a limited liability company or partnership (LLC/ LLP) (see next)

2.      Partnership- operated by two or more people.
2a. Limited Liability Partnership- a partnership created to allow the owners to limit their liability to the amount of money they have invested in the company. Essentially, the liability of the owners is generally limited to the amount of capital the owners invest in the company.
2b. General partnership- a partnership without an entity where each partner is liable for the obligations of the partnership. One way to deal with the partnership risks is to create a written partnership agreement which analytically describes the way the business will be managed, the way the profits and losses will be allocated, and the ways in which partners may withdraw from the partnership.

3.      Limited Liability Company (LLC)- This is the most common type of business structure. It is more flexible than a corporation in that it does not require a BOD and officers, annual meetings, and keeping meeting minutes; but state law requires each LLC to have an operating agreement.  An LLC is similar to a general partnership in which the partners have a limited liability. Owners of an LLC are called members.

4.      Corporation- formed when the incorporator files a certificate of incorporation in the office of the secretary of state. The certificate includes the name and purpose of the corporation. Owners of the corporation are called shareholders. Any changes to the certificate must be amended by filing a certificate of amendment with the state.  

Some of the formalities that a corporation requires are listed below:

1.      Capitol Structure- reflected in the certificate of incorporation is the number of authorized shares of stock.

2.      Incorporators-  the person who files the certificate of incorporation.

3.      Board of Directors (BOD) and OfficersTypically, the BOD directs the company to issue stock to the initial investors or founders in the initial meetings. The BOD will specify the number of shares, the price to be paid per share, and the names of the people to whom the initial shares will be issued. A corporation must hold annual meetings of shareholders and directors. Actions of the BOD usually require a majority vote so it is preferred to have an odd number of BOD’s to avoid deadlock vote.

4.      Shareholders- owners of the corporation who elect or reelect directors, meet at annual board meetings, and are issued stock from the corporation. Shareholder’s agreement  is preferred because it establishes the framework for the management of the company and transfers of ownership

5.      Minute Books- the by-laws and records of all meeting minutes are all held in the minute books.

No matter what entity you choose, obtain an Employer Identification Number for tax purposes. This number is also called an SS4 and can be obtained from

We can’t forget this business principle: it takes money to make money. Now let’s look into the type of financial investments a fashion start-up should consider.

    B.     Funding Types

1.      Seed Capitol is money from founders.

2.      Outside investments are also called Angel Investors. State and federal securities laws will come surely arise so it would not hurt to seek a securities lawyer.

3.      Institutional investors or Entity Investors usually seek a large sum of money and seek a large prospect growth. These investors have an end goal of an initial public offering (company stock offered for sale to the general public so investors can sell its ownership interest eventually for a profit on open market); also, insert a securities lawyer here as well.

Also a fashion lawyer is a great investment to help you draft and file any of the necessary documents and agreements. Essentially you can do all of this yourself, but it may be hard to dot all I’s and cross all T’s when forming a business so a fashion lawyer is a great accessory to make sure that your business maintains order.

***Disclaimer: none of the content in my blog = legal advice and should not be used in place of attorney advice. ****