NEW YORK — Nike is hustling to get more court play — the U.S. Supreme Court, that is.
The sportswear giant has hired two high-profile lawyers to file an appeal this fall asking the nation’s highest court to review a California Supreme Court decision that the company claims "sharply reduced the free-speech rights of businesses and other groups."
In May, the California Supreme Court ruled in favor of Marc Kasky, an environmental activist who charged that Nike’s public disclaimers about working conditions in overseas factories amounted to false advertising under the state’s consumer-protection laws. Nike’s defense was that it was exercising free speech.
Enter legal eagles Laurence Tribe of Harvard University and Walter Dellinger, head of the Supreme Court practice at O’Melveny & Myers LLP, tapped for their expertise in dealing with Constitutional issues.
A Nike spokesman said Thursday the company was not surprised by the California court’s ruling to uphold its earlier decision. Nike said the ruling "effectively eliminates First Amendment protection for businesses or organizations that speak out on public issues related to their business. Because a company’s public statements about its operations might persuade more people to buy its products, the California court equated all such statements with run-of-the-mill commercial advertising. In doing so, it authorized the suppression of those public statements and the seizure of the speaker’s profits, whenever a jury deems the statements potentially incomplete or otherwise misleading."
Breaking: @cushnieetochs’ co-founders @carlycushnie and @ochsmichelle are parting ways. After a 10-year run, Ochs is leaving the brand. Get the full story on WWD.com – link in bio. #wwdnews #wwdfashion
@maybelline’s Kanako Takase had snow bunnies in mind when creating the beauty look for @philipppleininternational. Playing off of the bedazzled snowboards in the collection, Takase mixed two highlighters together for a luminous sheen. #wwdbeauty #nyfw (📷: @jilliansollazzo)
“There’s a huge gap between the old way of doing things and today. It takes the youth to help evolve that. You have to count on the kids today to help lead you into the future. A lot of these retailers are stuck in the past. Communication is the biggest thing,” said @ronniefieg of @kith on the youth’s role in retail. On Monday night, Jeff Staple moderated a keynote session with Fieg and @syresmith at Assembly - a series of workshops, talks and keynotes addressing topics or issues in the apparel industry. Head to WWD.com to read more advice from Fieg and what Smith thinks of his dad @willsmith’s Instagram account and sustainability (📷: @weston.wells)
@joansmalls closed the @michaelkors fall 2018 show in black sequined pants and a varsity T printed with 19 on the front and 81 on the back. 1981 – the year Kors went into business. #wwdfashion #nfyw (📷: @giovanni_giannoni_photo)
“You think your life is going to be a certain way, and nothing you thought would happen ends up happening. Never in my wildest dreams did I think I’d be designing clothes and working with Mickey Drexler, and building something I’m deeply proud of,” said Jenna Lyons. Nine months after leaving @jcrew, Lyons is exploring the meaning of happiness. Read the interview, where Lyons talks about reinvention and more on WWD.com – link in bio. #wwdfashion (📷: Farrell) #jennalyons #jcrew