The Fashion Law Edit Presents: Anna Radke

Fashion and law aren't two disciplines you wouldn’t necessarily or naturally put together. And yet, that seems to be what a lot of people are doing. And so has emerged the field of 'fashion law’—not only in theory and in discussions on digital platforms like ours, but in practice, in careers.

As someone who is also involved in both fields, I have definitely spent time considering the practical intersection between the two— especially when it comes to mitigating the disturbingly negative impacts of fashion, particularly to do with sustainability and exploited labour under late-stage capitalism and the global supply chain. TFLE had the opportunity to ask attorney Anna Radke about her thoughts on this intriguing—and expanding— area of practice, the future of fashion, and whether or not the law can really provide a solution to the ethical issues the industry is faced with today.

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Samantha: Tell us a bit about yourself. How did you get to where you are today?

Anna: Currently, I'm an attorney in New York, and I serve as a Managing Associate of a bicoastal boutique law firm called Brand Counsel, P.C. However, law is not my first career. I moved to the United States from Poland after high school graduation to attend the Fashion Institute of Technology (FIT) where I studied Fashion Merchandising Management, and minored in Economics and Italian. At that time, I wanted to work in the fashion industry and introduce new brands to the Polish market. I tried various internships while in college ranging from sales, through buying to editorial. I quickly realized that my initial plan wasn't what I was passionate about. However, I started writing. I was a freelance editor for various magazines in the US and in Europe; I even ended up interning at Vogue in New York for a bit. But the true change of heart happened when I found out about a fashion law class with Professor Jimenez - he inspired me to attend law school, which is not an easy or a common path for a foreigner. So I took a Law School Admission Test, graduated with a Juris Doctor degree, passed the New York bar exam, and here I am today.

Throughout my journey, I tried to get as much legal experience as possible so I spent some time at Thomson Reuters, Medenica Law, Coach (now Tapestry), Dentons, The Legal Aid Society, Schlam Stone & Dolan. I also briefly served as a research/teaching assistant to leading professors in the fashion law field - Professors Kolsun and Jetter (Cardozo) and Professor Jeannie Suk Gersen (Harvard). However, it was my first internship in law school at The Fashion Law Group that led me to my current role. The Fashion Law Group transitioned to Brand Counsel in January 2020 to better serve the needs of its clients inside and outside the fashion business. An email to Manoj, the Managing Partner at the firm, an interview, good (I guess!) work helped me land my current role, in which I'm responsible for running our New York office. As such, I truly believe in fate and I'm grateful for people, like Manoj, who have noticed my potential.

Professor Jeannie Suk Gersen | Harvard Law Today

Samantha: Not a lot of people have had the chance to study formally in both creative and academic fields. What were key differences between your fashion education (FIT) and your legal education? Was one more rewarding than the other?

Anna: They were similar in many ways, which I did not expect. FIT prepared me for hard work. Fashion design students always complained that they had more work than we did, but we were busy as well. I believe I was taking 18 to 21 credits a semester (you couldn't take more) so 6-8 classes. I also interned in the industry and worked as a Math, Italian, IT, Economics and Management tutor on campus. I learned time management skills, which were useful in law school.

I'm not going to lie—law school was stressful. A lot of reading, cold calling, long exams, and most of the time I was the only and one of a few foreigners in class. Both fields are demanding and fast-paced.

Samantha: What is 'fashion law', really? How would you describe it?

Anna: Fashion law is not a separate branch of law; rather, it consists of other branches of law focused on the needs of the fashion industry. Fashion lawyers handle matters related to corporate, commercial, intellectual property, employment, immigration, international trade, advertising, and even tort laws, among others.

Samantha: Why did you get into this field? What do you like about it?

Anna: I combined my experience from college with my legal education. It was quite a natural path for me. It allowed me to stay connected with the fashion industry. And, hopefully, I'm helping make the legal foundation of the fashion business stronger.

Samantha: What are the pressing issues in fashion law and the fashion industry today? What current trends are you seeing?

Anna: I think that in the next few years, we're going to see a new definition of sustainability and brands that are truly transparent about their practices. I believe this is based on consumers' expectations. We might also see a shift in manufacturing— more and more brands will collaborate not only with other brands, but also tech companies. E-commerce experience is also becoming more and more enhanced; however, due to these changes, we're going to face more and more complex privacy issues.

Samantha: I know something you have noted as being relevant is the issue of cross-licensing. Could you tell us more about what this entails?

Anna: A cross-licensing agreement is a type of a contract between at least two parties that grants mutual rights to the parties' intellectual property. As I mentioned, I think we're going to see more collaborations between various brands, either based on cross-licensing, joint venture or possibly just licensing. These agreements are complex and not only attorneys who have a deep understanding of intellectual property, but also who are great negotiators work on them.

Samantha: What role does law have in mitigating ethical issues in fashion? For example, for ethical production regulation? Why hasn’t the law been able to eradicate this issue yet?

Anna: Law is supposed to establish a framework for ethical practices. Again, we need to go back to the definition of sustainability. Does being sustainable mean being ethical? These definitions aren't quite clear. Moreover, manufacturing often takes place overseas - the question is how we can regulate laws in other countries since every country is independent.

I think that law cannot eliminate unethical production issues; just like criminal law does not eradicate crimes. The law can help us navigate through better practices, but the change should come from us - consumers, business owners, manufacturers and everyone else in the supply chain. I believe this might be a better solution.

Samantha: What do you think the future of fashion looks like? Especially considering the effects of the ongoing coronavirus pandemic?

Anna: A lot of brick-and-mortar stores are going out of business. Attorneys are busy negotiating commercial leases or even breaking them. We can clearly see that e-commerce is the way to go in order to remain in business. I'm not quite sure what will happen to traditional fashion weeks either. Fashion is a creative field, and I'm sure it will surprise us... even if it has to be a virtual surprise. I'm aware of some start-ups offering digital/e-clothing - I'm personally not ready for that yet.

Samantha: How has the pandemic already started to affect the fashion industry?

Anna: As I mentioned - less and less retail locations - even when you visit a physical location of a store in Manhattan, it does not carry as much inventory as an online platform. Changes to employment law - more and more workers work remotely. I think it will force the fashion industry to become even more innovative. We might see a lot of mergers & transactions.

Samantha: If there is one thing you could change about the fashion industry, what would it be?

Anna: I actually never thought about that question. In my opinion, the fashion industry is fascinating. It is slowly moving in the right direction, and is becoming more and more ethical. I hope we won't waste as many pieces of clothing.

Samantha: Favourite moment of your career so far?

Anna: Notes from clients who are truly grateful for my work. Students reaching out for advice.

Samantha: One piece of advice for the next generation of fashion lawyers and creatives?

Anna: Be curious, be open to new challenges, stay humble. Everything is possible if you put your heart and mind into something.