Baker McKenzie's "Off the Shelf"

In this episode, Michelle Heisner, Cynthia Cole, and Teisha Johnson explore the potential and risks of Electronic Shelf Labels (ESLs), considering the issue from the perspectives of retailers, brands, and consumers. While ESLs offer benefits like streamlined pricing updates and improved operational efficiency, they also pose legal risks related to privacy issues, technical glitches and antitrust implications. Learn about the importance of assessing these risks and implementing guidelines to ensure compliance in the ever-evolving landscape of retail technology.

In this episode, Michelle Heisner, Cynthia Cole, and Teisha Johnson explore the potential and risks of Electronic Shelf Labels (ESLs), considering the issue from the perspectives of retailers, brands, and consumers. While ESLs offer benefits like streamlined pricing updates and improved operational efficiency, they also pose legal risks related to privacy issues, technical glitches and antitrust implications. Learn about the importance of assessing these risks and implementing guidelines to ensure compliance in the ever-evolving landscape of retail technology.

In this episode, Julia Dickenson explores the growing popularity of dupes and lookalikes, how this is impacting the luxury, fashion and cosmetics sector, and what practical strategies are available to brand owners to tackle this challenging trend. Legal avenues such as non-traditional trademarks, designs, copyright, and unfair competition are being used to combat dupes, but these can be complex and less clear-cut than traditional avenue and brands are seeking more creative ways to bring cases and address this growing problem.

In this episode, Julia Dickenson explores the growing popularity of dupes and lookalikes, how this is impacting the luxury, fashion and cosmetics sector, and what practical strategies are available to brand owners to tackle this challenging trend. Legal avenues such as non-traditional trademarks, designs, copyright, and unfair competition are being used to combat dupes, but these can be complex and less clear-cut than traditional avenue and brands are seeking more creative ways to bring cases and address this growing problem.

In this episode, our leading lawyers in the consumer goods and retail industry, Katia Boneva-Desmicht and Hani Naja examine the opportunities for luxury, fashion and cosmetics brands planning to expand their footprint in the Gulf region.  They explore growth opportunities, essential considerations for global brands as they establish presence in the region and more.  

In this episode, our leading experts in the consumer goods and retail industry, Kurt Haegeman, Katia Boneva-Desmicht, Renata Amaral*, LokeKhoon Tan, Sue McLean and David Scott take a look at the trends impacting 2024 for the consumer goods and retail industry. This discussion covers insights around ESG, disputes, M&A, the Asian market as well as the use of tech in the industry. You may also read our latest ESG Policy Guide, which was created in partnership with Positive Luxury to stay informed on recent and upcoming sustainability legislation in key markets like the EU, UK and US. Other resources: Global Data Privacy & Cybersecurity Handbook, The Year Ahead: Global Disputes Report 2024 and Global Private M&A Guide 2024. *Baker McKenzie and Trench Rossi Watanabe have executed a strategic cooperation agreement to consult on foreign law.

With the next round of EU Russia sanctions to be shortly introduced, luxury & fashion companies are having to navigate, yet again, what this means for their own business operations.  Even if not importing from Russia, the need to prove this is not the case can cause logistical issues and problems at customs if not anticipated. Customs and trade experts, Lionel Van Reet and Jean-Guillaume Benoit discuss the latest thoughts in advance of the official announcement of the 12th round of Russian sanctions, in which diamonds take center stage. They explore what this means in practical terms and what businesses need to be doing now to reduce the risk of supply chain disruption.

In this episode, we are joined by Manuela Demarche* and Livia Lupinacci* from Trench Rossi Watanabe in São Paulo, and Rachel MacLeod from Baker McKenzie London office as they share their insights in the rapidly developing area of plastics regulation. They discuss the global regulatory landscape around limiting the use of plastics, the upcoming Global Plastics Agreement, and the impact that these evolving regulations will have on consumer goods and retail businesses. You may also read our latest ESG Policy Guide which was created in partnership with Positive Luxury to stay informed on recent and upcoming sustainability legislation in key markets like the EU, UK and US. *Baker McKenzie and Trench Rossi Watanabe have executed a strategic cooperation agreement to consult on foreign law.

In this episode, Marc Levey speaks with Francesca Gaudino, Elizabeth Roper, and Justine Phillips about the top privacy cybersecurity challenges facing the CG&R industry. The speakers consider the type of data brands may want to protect and explore steps they can take to avoid a cyber breach. To learn more about cybersecurity and other legal, regulatory and tax issues relevant to the luxury and fashion industry, check out the latest edition of the Global Legal Guide for Luxury & Fashion Companies. You may also access the So You Think You Want to…Be cyber resilient and cyber ready brochure which briefly discusses how cybersecurity affects CG&R businesses, and includes a checklist of dos and don'ts in the event of a cyber incident.

In Part 2 of the episode on cyber issues in the CG&R industry, Marc Levey, Francesca Gaudino, Elizabeth Roper, and Justine Phillips explore how brands can build a cyber program that complies with global laws and provide practical takeaways for retail businesses looking to improve their cyber strategy. To find out more about cybersecurity and other legal, regulatory and tax issues relevant to the luxury and fashion industry, check out the latest edition of the Global Legal Guide for Luxury & Fashion Companies. You may also access the So You Think You Want to…Be cyber resilient and cyber ready brochure which briefly discusses how cybersecurity affects CG&R businesses, and includes a checklist of dos and don'ts in the event of a cyber incident.

In Part 2, Sue Mclean (Digital Transformation and New Technologies, London), Ashlin Perumall (Technology Driven M&A, Johannesburg), and Alex Toh (Digital Transformation and Regulatory Matters, Singapore) go on to discuss the developing regulation around the use of AI and the different approaches being adopted in different regions. They also provide thoughts on the internal governance strategies and what practical steps to consider when using or engaging with companies who use AI.

In this episode, Sue Mclean (Digital Transformation and New Technologies, London), Ashlin Perumall (Technology Driven M&A, Johannesburg), and Alex Toh (Digital Transformation and Regulatory Matters, Singapore) discuss the use of AI and generative AI in the consumer goods and retail sector. In Part 1, our speakers discuss what generative AI is, the reasons behind its unparalleled uptake, how it is currently being used and could potentially be used in the CG&R industry, and what are some of the risks associated with the use of AI.

Data and IP in green innovation play an important role in CG&R businesses and in this new episode, partner Eva-Maria Strobel is joined by Renata Amaral, partner at Trench Rossi Watanabe Sao Paulo*, to explore key legal considerations from an IP & data angle that companies should consider in relation to green innovation, including what elements are crucial to address sustainability/meet ESG goals and the competitive advantage IP rights give while undertaking your sustainability journey. *Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

In this episode, Julia Hemmings, a partner in our IPTech practice in London, and Rebecca Lederhouse, an IP counsel based in our Chicago office, discuss the role of marketing in green innovation and the increasing regulatory scrutiny around green claims in advertising. They focus on green claims as a key area of regulatory focus, key tips and tricks to consider when using green claims in advertising, and what's next in the pipeline from a US and EU lens.

In this episode, partner Mackenzie Martin and senior associate Tanvi Shah in our IPTech practice, discuss the role of patents, trade secrets and plant variety rights in green innovation – and in particular how they incentivize and promote technological development.

In this episode, partner Nathalie Marchand from our Paris office is joined by special counsel Grace Wong from our Hong Kong office, to explore differing collaboration trends and entities in green innovation, considerations regarding green innovation agreements including background and foreground IP rights, protecting the confidentiality of green innovations and how to navigate a termination of the collaboration.

In this episode, partner Eva-Maria Strobel and senior associate Tiffany Conley in our IPTech practice, discuss green trademarks in green innovation that includes various types of trademark protection and rapid developments in this space, key challenges when registering green trademarks, navigating the revocation of registered trademarks based on deceptiveness, and looking ahead to new trends and developments from both a European and Asia Pacific lens.  

Artificial Intelligence (AI) is regarded as a fundamental enabler of green initiatives. In this episode, partners Francesca Gaudino and Carlos Peniche in our IPTech practice, discuss the role of green technologies, data and AI in green innovation including 'red' and 'green' AI, regulation of AI in Europe, how AI interacts with sustainability in practice and looking ahead to developing environmentally sound technologies that are sustainable enough to face the environmental challenges that the world faces when it relates to its impact to the environment.

In the final episode of our blockchain for brands series, Alyssa Auberger, Baker McKenzie's Chief Sustainability Officer and Global Chair, Consumer Goods and Retail (CG&R) Industry Group continues the conversation with Sue McLean, partner in Baker McKenzie's IP, technology and data group, on key due diligence issues that CG&R businesses should look into before signing up to a blockchain consortium, including consortium structure, governance and funding, and intellectual property, competition law issues.

Continuing on from the previous episode, Alyssa Auberger, Baker McKenzie's Chief Sustainability Officer and Global Chair, Consumer Goods and Retail (CG&R) Industry Group is again joined by Sue McLean, partner in Baker McKenzie's IP, technology and data group, to discuss some initial considerations – and in particular data privacy considerations – for CG&R businesses who are thinking about participating in a private blockchain consortium.

In this episode, Alyssa Auberger, Baker McKenzie's Chief Sustainability Officer and Global Chair, Consumer Goods and Retail (CG&R) Industry Group is joined by Sue McLean, partner in Baker McKenzie's IP, technology and data group. They discuss blockchain basics for CG&R businesses who may be considering blockchain, whether it be to advance sustainability objectives, tackle counterfeiting issues or address other business challenges.

In this episode, Alyssa Auberger, Baker McKenzie's Chief Sustainability Officer and Global Chair, Consumer Goods and Retail (CG&R) Industry Group is joined by Grant Murray, an Antitrust and Competition expert based in our London office. They discuss how competitor collaboration to address common sustainability challenges in the CG&R industry need not land companies on the wrong side of competition law.

In this episode, Alyssa Auberger, Baker McKenzie's Chief Sustainability Officer and Global Chair, Consumer Goods and Retail (CG&R) Industry Group is joined by Grant Murray, an Antitrust and Competition expert based in our London office. They discuss what CG&R businesses are doing in collaboration with competitors in an effort to address common sustainability issues in the industry, as well as the importance of addressing competition law issues.

In this episode, Alyssa Auberger, Global Chair of Baker McKenzie's Consumer Goods and Retail (CG&R) Industry Group is joined by Anne Petterd, partner in the Technology, Communications and Commercial team. They continue to discuss the future of online retail, including the increased use of new technologies that can give CG&R businesses an edge and support their post-COVID-19 renewal activities – with a reminder not to forget the basics when exploring the use of new technology in their businesses.

In this episode, Alyssa Auberger, Global Chair of Baker McKenzie's Consumer Goods and Retail (CG&R) Industry Group is joined by Anne Petterd, partner in the Technology, Communications and Commercial team. In light of the ongoing digital transformation in the CG&R sector, they discuss the future of online retail and some key considerations for CG&R businesses as online sales and the omnichannel environment have become an essential part of the COVID-19 recovery strategy for many in the sector.

In this episode Alyssa Auberger, Global Chair of Baker McKenzie's Consumer Goods and Retail (CG&R) Industry Group is joined by Mara Ghiorghies from our global antitrust team and based in London. They discuss both the challenges and opportunities of the crisis for CG&R companies from a competition compliance perspective, whether on the supply, distribution, or sales side, and whether we will see competition authorities taking a renewed, more flexible approach given changes to consumer and market behavior.

In this episode Alyssa Auberger, Global Chair of Baker McKenzie's Consumer Goods and Retail (CG&R) Industry Group is joined by Mara Ghiorghies from our global antitrust team and based in London. They discuss the antitrust scrutiny of commercial behavior in the consumer goods and retail sector observed during these challenging times, and what kinds of commercial behavior CG&R businesses need to be mindful of as they move towards recovery.

In this episode, Alyssa Auberger, Global Chair of Baker McKenzie's Consumer Goods and Retail (CG&R) Industry Group is joined by Rebecca Lederhouse, IP Counsel based in our Chicago office. They discuss a number of practical tips that CG&R businesses can keep in mind to avoid inadvertent marketing mishaps – including by influencers and sales staff – as they renew both their online and in store advertising campaigns for the new COVID world. Based on recent US trends, the points discussed are relevant to any CG&R business looking to advertise to a US audience, and can also serve as best practice guidance for any business in the sector.

In this episode, Alyssa Auberger, Global Chair of Baker McKenzie's Consumer Goods and Retail (CG&R) Industry Group is joined by Rebecca Lederhouse, IP Counsel based in our Chicago office. They discuss some of the trends in advertising regulations around COVID-19 that CG&R businesses need to be mindful of as they move towards recovery, with stores, restaurants, hotels and other customer-facing premises starting to gear up to reopen for business.

In this episode, Alyssa Auberger, Global Chair of Baker McKenzie's Consumer Goods and Retail (CG&R) Industry Group is joined by Niklas Wielandt, a real estate expert based in our Frankfurt office. They discuss what the post-COVID-19 world has in store, and more specifically, how CG&R businesses can use the crisis to renew their approach to brick and mortar outlets generally.

In this episode, Alyssa Auberger, Global Chair of Baker McKenzie's Consumer Goods and Retail (CG&R) Industry Group is joined by Niklas Wielandt, a real estate expert based in our Frankfurt office. Niklas discusses some of the key retail real estate issues affecting CG&R businesses, and what businesses with retail outlets can do to mitigate the impact as the COVID-19 crisis continues, and move towards recovery.

In this episode, Alyssa Auberger, Global Chair of Baker McKenzie's Consumer Goods and Retail (CG&R) Industry Group is joined by Julia Wilson and Jonathan Isaacs, partners in Baker McKenzie's Employment and Compensation practice. Julia and Jonathan look beyond the recovery phase and discuss what the post-COVID world has in store for the CG&R industry and more specifically, how businesses can use the crisis to renew their business approach to employment issues in a positive way.

In this episode, Alyssa Auberger, Global Chair of Baker McKenzie's Consumer Goods and Retail (CG&R) Industry Group is joined by Julia Wilson and Jonathan Isaacs, partners in Baker McKenzie's Employment and Compensation practice. They discuss some of the issues which the prolonged outbreak of COVID-19 is raising for employers in the CG&R industry, and what businesses can do to mitigate the impact and preserve business continuity as the COVID crisis continues and move towards recovery. 

In this episode, Alyssa Auberger, Global Chair of Baker McKenzie's Consumer Goods and Retail (CG&R) Industry Group is joined by Julia Wilson a partner in Baker McKenzie's Employment and Compensation practice. Julia discusses some of the immediate COVID-19 issues as they affect CG&R businesses to help them remain resilient during the crisis.