Susan Scafidi, Chantal Fernandez – photos Laurel Marcus
“We need a little magic,” proclaimed Professor Susan Scafidi, Founder and President of the Fashion Law Institute at Fordham University, as she opened up the 16th Annual Symposium “The Magic of Fashion.” “First, it was the fashion tariffs, now the Saks bankruptcy. We’re even going to talk about Jeffrey Epstein a little,” she teased.
No one does a theme like Prof. Scafidi. She said this one was personal, as her father was a magician. Black pipe and drape covered the room. Upside-down black top hats containing calla lilies decorated the tables, as did silver stars on the black tablecloths. A playlist featuring Olivia Newton-John’s “Magic,” the Steve Miller Band’s “Abracadabra,” and other songs mystically filled the air. “Magic” became my earworm.
L to R Trexler Kapelman, Rodriguez Maisel three-quarter – photo by Laurel Marcus
The event featured five panels, plus lunch and a cocktail magic show performed by a judge. Strap in as I attempt to expose some sleight of hand. “Disappearing and Reappearing: The Saks Bankruptcy and The Future of Fashion Retail” included speakers Joshua W. Kapelman, Hilldun; Denning Rodriguez, Rodriguez LLC; and Lawrence Maisel, Chanel (Retired). Jeff Trexler served as moderator.
“So many things led to this,” said Kapelman (referring to the Saks/Neimans situation). “Management is always the common theme.” His company, Hilldun, approves and guarantees the credit and owns all receivables for its various brand clients.
Judge Gary Brown, Sindy Ding-Voorhees, Bill D’Arienzo, John Maltbie – photo Laurel Marcus
It’s been reported that Saks dug itself into a hole after committing to buying Neiman Marcus. Retail hedge funds and investors, including Apollo, Jefferies (even Amazon has a stake in this), took on way too much debt, resulting in a “shock letter” on 2/14/24 informing suppliers that they would not be paid for 90 to 120 days.
This then led several brands to decide not to ship new inventory or to ship it late. Rodriguez explained that the late deliveries resulted in merchandise hitting the sales floor at full price, while other stores had it on sale.
The chain effect down the line involved warehouses, salespeople, and vendors not getting paid. Jewelry is often sold on consignment, usually with no bankruptcy protection and no guarantee of return to the vendor. It may be sold to pay other creditors, with a preference for vendors such as Chanel and Louis Vuitton.
Ariele Elia, Melissa Brown, Moriah Bankapur, Ashley Pusey – photo by Laurel Marcus
Kapelman believes Saks will emerge from bankruptcy. He advises his clients to “take the order that you can afford to lose.” The biggest takeaway is a question: What is the relevance of large, multi-brand retailers, like department stores, now? Printemps is trying, but Kapelman sees specialty stores such as Elyse Walker on Madison Ave or Ikram in Chicago as the new boom. He also warned new brands not to go DTC (Direct-to-Consumer), since they would compete with Amazon and other giants.
“Presto Change-O: Fashion Law, Technology, and Cultural Transformation” featured Melissa Brown, Lawyer and Documentary Film Producer; Moriah Bankapur, Inversa Leather; and Ashley Pusey, Kennedys with Ariele Elia, Fashion Law Institute as moderator. This was the all-female tech panel, which Brown launched with a film on influencer marketing and some regulations for disclosure.
Judge Gary Brown’s magic show – photo by Laurel Marcus
Seeing old-timey commercials I remembered, like Alka-Seltzer’s spicy meatball ad, followed by Gen-Z influencers like Emma Chamberlain, who dropped the “F” bomb in a tirade was indeed jarring. What is compliance like for these social media stars? The National Advertising Division (NAD) of the BBB now serves as a forum for advertisers to police themselves, disclose paid or gifted partnerships, and curb potentially misleading advertising.
“Top Hat” magic tricks – photo by Laurel Marcus
The beauty space is rife with influencers making far-fetched claims about a product, and even some “health experts” who claim to be dermatologists may not be. “The FTC and NAD have limited resources to enforce this, particularly among smaller brands with the volume and pace of content,” said Brown.
Pusey spoke about using AI to address these issues and also mentioned using Claude (another AI app similar to Chat GPT) to repurpose a bridesmaid gown. At this point, some window washers decided to show up outside “to help with transparency,” quipped Prof. Scafidi.
Judge Brown and Susan Scafidi – photo by Laurel Marcus
After the buffet lunch (we were admonished against knife throwing, sword swallowing and psychic spoon bending) was Folk Magic: Ghana, Kente, and New Dimensions in Cultural Appropriation Law including Sana Ahmed, The Fashion Law Africa Summit and Fashion Business Co Agency (appearing on Zoom); Mimi Plange, Creative Director at Mimi Plange; Dr. Elizabeth Way, Curator at The Museum at FIT and Prof. Scafidi as moderator.
Sana Ahmed (on screen), Dr. Elizabeth Way, Mimi Plange, Susan Scafidi – photo by Laurel Marcus
Ghana, with UNESCO, has issued a law on the use of Kente cloth —the woven material worn for special or ceremonial occasions, often with custom-made details or symbols for the wearer, unlike the printed version we see here. The weave and name are protected, but not the printed version, which we saw embarrassingly on a kneeling Nancy Pelosi and Chuck Schumer way back in the last administration.
“As a designer, I don’t want to be restricted. I want to be able to pull from other cultures,” said Plange. “Just give the respect of saying where it comes from. The main problem is that Ghana can’t build its industry – real Kente cloth is made by hand and personalized rather than screen or digital printed.”
Amanda Gorman
Dr. Way commented that “The onus is on luxury brands like Louis Vuitton” (VOGUE featured Amanda Gorman on the cover wearing the LV logoed Kente cloth dress). “It was Virgil Abloh drawing on his own heritage, but for a large French fashion house, so it’s complicated,” Plange suggested that he should have worked instead with some of the weavers.
Susan Scafidi with First Panel – photo by Laurel Marcus
The idea of cultural appropriation extends to other cultures. Think of Scottish Tartan or Harris Tweed, British textiles that tell stories. Did you know Burberry has a registered tartan? Even Hello Kitty has a pink one.
“Magic Words” was an author conversation with Chantal Fernandez, currently at The Cut, New York Magazine (she has been with just about every fashion mag previously), who co-authored with Lauren Sherman, “Selling Sexy: Victoria’s Secret and The Unraveling of An American Icon” – a fascinating expose which, of course, is when Jeffrey Epstein’s name arose.
Why a business book about Victoria’s Secret? “It had to be a brand that everyone has a relation to,” she explained. When asked how many people in the room had a VS garment in a drawer, “almost everyone’s hand went up, including the guys – we won’t tell,” joked Prof. Scafidi.
The story of the rise and fall of the lingerie company, which still features in malls and has 800 stores, is fascinating. The book details the struggles and stumbles of the first underwear specialty store, which rode a wave of push-up bras until the bralette became a sought-after commodity, and “me-too” put the near-final nail in the coffin.
Fernandez discussed the VS Angels as a reality show that turned models into stars with huge payouts. She and Prof. Scafidi pointed out that Tyra Banks was an Angel and was probably replicating what she experienced on “America’s Next Top Model,” but hers was probably worse.
“If you need to buy a bra right now, there aren’t that many places to go,” said Fernandez, although perhaps Skims or Aerie, with their “anti VS marketing message,” would be an option.
“Mind Reading: Fashion Litigation and the Role of Expert Witnesses” was the final panel, featuring Bill D’Arienzo, WDA Strategic Brand Marketing; John Maltbie, Louis Vuitton; The Hon. Gary Brown, E.D.N.Y.; and Sindy Ding-Voorhees, Kilpatrick Townsend & Stockton, as moderator.
The main point I took from this is that a so-called “expert witness” must be qualified in the area they are testifying in (Judge Brown had a graphologist presented as a handwriting expert in a case, when they are actually analysts of handwriting to infer personality traits, behavior, and emotional states).
Additionally, the facts must fit the case, and the witness must follow a reliable methodology. Cases can turn on an expert witness, especially if they are knocked out. “I am the gatekeeper,” said Judge Brown. “Before the jury gets to hear from an expert witness, I have to make sure he’s qualified or get out of my court. The most fun thing is a berserk expert witness.”
And with that, we were ready for Potions & Prestidigitation: Cocktail Hour & Performance by Judge Gary Brown featuring Black Magic (espresso martinis). It also featured some snazzy red soled shoes worn by Prof. Scafidi, which became the subject of a magic trick too involved to explain here.
