AI is reshaping how fashion designers create and connect with customers. Should designers and other industry talent be required to disclose AI-generated elements? What should creators know and how can AI and intellectual property work together?

SUITED host Kenya Wiley recently sat down with IP attorney Darrell Mottley to discuss these issues; his current role as Assistant Clinical Professor of Law and Faculty Director of the Intellectual Property and Entrepreneurship Clinic (IPEC) at Suffolk University Law School; and how IPEC is training the next generation of IP attorneys while also providing legal services to creators in Boston and across the United States.

Professor Mottley's legal scholarship focuses on AI and the creative community. What should creators be mindful of when inputting their information into AI-assisted tools? What are First Amendment concerns around government-mandated transparency for AI-generated creative works—as discussed in Professor Mottley's latest law article?

In this episode, Professor Mottley explains why you should not put information into AI systems that you do not want to become public, citing the recent chat conversations that were searchable on Google as a cautionary example. He also shares strategies for designers using AI, plus practical advice and course recommendations for law students interested in fashion and tech.

Connect with Professor Darrell Mottley at Suffolk University Law School

Read Professor Mottley’s AI law article here.

For fashion designers and other creators requesting legal services, please see the application page for the Intellectual Property and Entrepreneurship Clinic.

Join the conversation on LinkedIn and share your thoughts on AI and intellectual property in fashion.

On Wednesday, November 5, the U.S. Supreme Court heard arguments on Trump's tariffs impacting textiles, apparel, and footwear—with justices appearing skeptical of the government's authority to use the International Emergency Economic Powers Act (IEEPA) to impose such sweeping measures. In this episode, international trade attorney Amanda Simpson breaks down the oral arguments and explores three critical questions: Does IEEPA authorize these tariffs? What's the refund process if the Court rules against the government? And what are the next steps for Trump's trade agenda and fashion brands?

Amanda explains why any refund process will likely take years to resolve, even if importers win, and emphasizes the importance of supply chain diversity in navigating ongoing trade uncertainty. Whether you're a designer, brand, fashion law attorney, or industry professional in sourcing or supply chain management, Amanda shares steps to prepare for what's next after the Supreme Court issues its decision.

Connect with international trade attorney Amanda Simpson:

LinkedIn

Email: [email protected]

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Ropes & Gray IP transactions partner Erica Han, co-chair of the firm's consumer & retail brands industry group, joins host Kenya Wiley to navigate the legal landscape of dupes in fashion and beauty.

In this episode, we discuss the IP battles related to dupes and explore the legal and business implications of dupes-based business models. Erica shares what investors should consider before investing in dupes-based businesses—including the business model, IP risk, whether there’s protectable IP and innovation, and key contract terms for entities that rely heavily on influencers.

From investors and innovators to influencers, brands, and consumers, this episode breaks down what dupe culture means for fashion's entire ecosystem.

Connect with Ropes & Gray IP transactions partner Erica Han

Read Erica’s insights on dupes business models in fashion and beauty:

Dupes Boom Spurs IP Risks, Opportunities for Investors, Law360, July 2025

Imitation Game: Legal Considerations with Dupes-Based Business Models, Ropes & Gray alert, June 2025

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FDA compliance lawyer Kristen Klesh joins host Kenya Wiley to discuss the evolving legislative and regulatory landscape for cosmetics and beauty brands. From federal implementation of the Modernization of Cosmetics Regulation Act (MoCRA) to state-level toxic-free laws, this episode explores the legal complexities facing beauty brands as the industry approaches a $590 billion market by 2030.

In this episode, we also discuss Extended Producer Responsibility (EPR) laws for packaging and the plaintiffs' class action bar. Plus, Kristen shares strategies for beauty brands navigating supply chain management, starting with due diligence and communication with suppliers. Listen to the end to hear Kristen's complete list.

Connect with Kristen Klesh here.

More on cosmetics regulation and fashion law:

From Beauty Trend to Sweeping State Mandates: What Brands Need to Know about the Rise of "Toxic Free" Laws, June 2025

Decoding the PFAS Puzzle: Strategies for Fashion & Beauty Brands, July 2024

Athletes and Beauty Brand Partnerships — Proper Steps Will Ensure a Win-Win Relationship (full article published in Sports Business Journal), June 2024

The AI Pin: Fashion-Forward or Tech's Next Big Thing?, June 2023

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In this episode, Kenya Wiley sits down with Maka Hutson, immigration attorney and leader of Akin's immigration practice, to discuss how changes in U.S. immigration policy could affect fashion creatives and the industry's future talent pipeline.

On September 19, President Trump signed a proclamation requiring a $100,000 fee for new H-1B visa petitions filed on or after September 21—a massive jump from the current fee of approximately $3,600. Days later, U.S. Citizenship and Immigration Services published a proposed rule to overhaul the H-1B selection process with a weighted system that favors higher-paid workers (public comments are due by Friday, October 24). While H-1B visas are often associated with Big Tech, fashion companies also depend on H-1B workers in design, marketing, media, engineering, and data science—especially as brands weave AI and other emerging technologies into their operations.

Kenya and Maka also discuss immigration compliance, workplace audits, Optional Practical Training (OPT) for international students and its connection to the H-1B process, O-1 visas for individuals with extraordinary ability, and what brands should know about bringing creative teams to the U.S. for major fashion shows and events.

This episode was recorded on Monday, October 21, 2025.

Connect with Maka Hutson here.

Read the U.S. Citizenship and Immigration Services Notice of Proposed Rulemaking on the Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H–1B Petitions (comments due October 24, 2025).

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U.S. textiles and apparel imports totaled approximately $107 billion in 2024, so it's no surprise that industry professionals throughout fashion's supply chain are closely following the Supreme Court case on tariffs, set for oral arguments on November 5.

In this episode, Kenya sits down with international trade expert David Spooner to explore what brands, designers, and manufacturers need to know about the IEEPA tariffs case—and what happens if U.S. Customs and Border Protection (CBP) gets buried with refund requests. Also, if importers have passed on the cost of tariffs to designers, can they recover part of the refund from the importers?

We also discuss: President Trump's executive order on transshipment and its enforcement implications; how brands should plan their sourcing strategies given constantly shifting tariff rates by country; and nearshoring and reshoring efforts in an industry built on global supply chains.

Connect with David Spooner here.

Read Andrea Bossi's article for Vogue Business on the impact of tariffs on fashion designers, retail, and runways.

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This time last year during New York Fashion Week, industry leaders were in a courtroom — providing testimony in the trial over the Federal Trade Commission’s (FTC) attempt to block the Tapestry-Capri deal. As we know, the U.S. government succeeded in blocking the merger, but with new leadership now at both the FTC and Department of Justice (DOJ), what does this shifting political landscape mean for antitrust enforcement in fashion?

Seth Bloom, former long-time General Counsel of the U.S. Senate Antitrust Subcommittee and President and Founder of Bloom Strategic Counsel, joins us to revisit fashion's antitrust moment and explore what comes next. How could the leadership changes at key federal enforcement agencies impact M&A across industries? What might the recent tech antitrust rulings signal for fashion?

While some argue the U.S. needs its own luxury conglomerate to compete with France's LVMH, Seth Bloom offers a different perspective.

We also discuss the retirement of Congressman Jerry Nadler — the top Democrat on the House antitrust subcommittee and longtime representative of New York's Garment District, fashion's design and manufacturing hub.

Connect with Seth Bloom: LinkedIn | Website

Email: [email protected]

Watch Seth’s analysis of the Google search case

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As a designer, how can you protect your brand at New York Fashion Week? And if you’re a fashion law attorney, what steps should you take to minimize your clients’ risks and liability on and off the runway?

In this episode, we sit down with fashion law attorney Daniel Bellizio. Daniel has represented some of the most creative names in fashion, including Off-White and the late Virgil Abloh.

Daniel shares why contracts are critical during fashion week shows and why a sign with a photo and video disclaimer may not protect the brand from a lawsuit.

This also marks the first New York Fashion Week since the New York State Fashion Workers Act went into effect. We explore what this means for brands and designers — from new compliance requirements to protect models, covering compensation, breaks and liability insurance to issues around AI and digital replicas, both here in New York and the NO FAKES Act in Congress.

This is essential listening for brands and designers showing at fashion weeks this month and all fashion law enthusiasts.

Connect with Daniel Bellizio

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Interested in breaking into fashion law? And for designers showing at New York Fashion Week, how will you protect your brand?

Howard Hogan, a partner at Gibson Dunn and chair of his firm's Consumer and Retail practice group, joins us to discuss the third edition of Fashion Law and Business: Brands and Retailers. We'll dive into the key updates in Howard’s fashion law book — from IP developments around AI to his new chapter on environmental law and sustainability.

Howard also breaks down how brands can minimize their risk when showing at New York Fashion Week this month — especially when it comes to IP protection and partnerships with celebrities and content creators. Plus, Howard shares his four-part strategy for law students and new associates looking to break into fashion law.

Purchase Fashion Law and Business: Brands and Retailers (Third Edition), 20% discount code for e-book and print book

Connect with Howard Hogan

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What does synthetic biology have to do with the fashion industry? How is AI connected to energy, government policy and the cost of goods?

In this episode, applied innovation expert Barry McGeough shares his solution for fashion to deal with its current challenges: Get out of our bubble!

Barry has led applied innovation for the biggest names in fashion and tech — including The North Face, PVH, parent company for Calvin Klein and Tommy Hilfiger, and Google.

Barry shares so many gems with our listeners, including how material informatics is connected to AI in fashion, why ethical AI is essential, and how startups will drive the industry forward during these transformative times.

Connect with Barry McGeough on LinkedIn.

Read Barry’s article for The Robin Report on Warnings and Revelations About AI.

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