Fashion Law Institute’s In-House Counsel Lays Their Cards On The Table

Susan Scafidi and Sindy Ding – All photos courtesy Fashion Law Institute

“I was up at 5 am scrolling to see if there were any new Executive Orders,” said a weary but still perky Professor Susan Scafidi, Founder and Director of Fashion Law Institute at Fordham, as she opened Friday morning’s “Inside Out 10, Fashion’s In-house Counsel on Playing the Political Hand We’re Dealt” panel.

Inside Out 10 cards

This event always takes place during NYFW and has a cute theme—this time, it was playing cards. If nothing else, the students working the event looked fab as they generally adhered to a red and black dress code.

Is the new president playing the Trump card (haha), or are the “jokers running wild in DC”? The accompanying materials asked how to follow suit with a hand that never comes off the pen, signing “a flood of executive orders,” many of which directly affect the fashion industry.

The panel of seven, moderated by Prof. Scafidi, ran through the deck from tariffs and trade to immigration, DEI programs, and more.

Scafidi, Tenaglia, Buyun, Hansell, Hellman, Valdes Macon, & Firestone

Panelists for this off-the-record discussion included Laura E. Hansell, General Counsel, Kering Americas; Natalia Tenaglia, Legal Coordinator, G-III Apparel Group; Angie Buyun, Principal, AB World; Jeffrey Hellman, Senior Vice President, PVH; Ashley Valdes, Assistant General Counsel, Warby Parker; Hayley Macon, Senior Vice President and Associate General Counsel, Employment, Americas Endeavor; and Louise Firestone, SVP, Legal Affairs and General Counsel (former), LVMH Moet Hennessy Louis Vuitton Inc.

Since speakers are speaking on behalf of themselves and not for their companies, I will not be attributing any quotes. The opening bid concerned tariffs with China, Mexico, and Canada, which many panelists are watching carefully. There was some fear that Europe would be the next card in the deck—more directly affecting the world of luxury goods—and the fear of retaliatory tariffs.

Thoughts were that costs wouldn’t immediately be passed on to the consumer; they would have to be if this lasts long term. Since a few simple concessions have delayed the Canada and Mexico proposed tariffs, these were threats being used for leverage, which could lead to more US production, similar to the banana trade wars. LVMH opened a Texas factory under the last administration, so anything is possible.

The link between immigration and tariffs, including H-1B visas, was discussed. Who gets to be considered a “highly skilled worker?” Is it based on “stature in your field?” Will new requirements or a lottery limit the number of visas? One panelist suggested that “hiring a foreigner is less expensive than an American employee”—cue globalism refrain.

Interestingly, what one panelist described as pre-election excitement and interest from the Asian market—Japanese, Korean, and Chinese, including K Beauty—in expanding to the US has now been “put on pause”, with a focus on Middle East UAE countries such as Saudi Arabia and Dubai instead.

Meanwhile, concurrently at the White House, Japanese PM Shigeru Ishiba announced he would elevate his investment in the US to a whopping $1 trillion. In general, Asian clients were advised to study the market they’re going into — to develop packaging in the correct language, design, and image selection to appeal to their intended customers.

One panelist quoted Yogi Berra: “Predictions are difficult to make, especially those involving the future,” regarding the trade and tariff situation. Although it’s a very long-term solution to try to change your factories (possibly to onshore again), as are supply chain delays and customs issues similar to those seen after the pandemic, one should “focus on what you can control. There will always be demand for great brands.”

The next card in the deck is AI, technology, and privacy issues brought about by China’s Deep Seek and the US’s Stargate. What tools will be put in place now that we will be interfacing with a much stronger, smarter tech bot online?

Who will authorize the privacy of the data that they collect? How about uses in design and trend analysis? Hacked data and stolen IP? Individual states will likely have different rules to find the right balance. Can AI runway models replace humans?

One panelist thinks not—a hologram doesn’t have the same energy. Fun fact: An avatar based on an actual model must be authorized by the model whose likeness it has used.

Another critical issue is employment training and DEI – how will this affect models and stylists? How about models who are non-binary, trans, or physically disabled? One panelist pointed out that it was always illegal to use race or gender as an employment factor.

There seems to be a shift in title, as in not calling it DEI—perhaps “substance over language” in the private sector. Technically, you are following government laws, but internally, nothing has changed.

Lastly, at the bottom of the deck, what advice do panelists offer to deal with this new reality? One advised having “moral courage,” using Liz Cheney as an example. Counsel from counsel included: “Put on your big boy or big girl or gender non-specific pants” (LOL).

“Maintain perspective—don’t let this take over your life.” “Employ risk management and a willingness to pivot. ” And to quote Tom Brady, “do your f*cking job”—focus on what’s important.” Naturally, someone felt the need to up the ante with “support young undocumented POC who are feeling vulnerable—be a shoulder to lean on.” And no, it was not crying Selena Gomez.

Laurel Marcus

OG journo major who thought Strunk & White's "The Elements of Style" was a fashion guide. Desktop comedienne -- the world of fashion gives me no shortage of material.