She provided tidbits about the fabric, including an iridescent multi-hued jacquard made of three colors of threads that criss-crossed to create a rainbow of shades. Beckham took great pride in what was the 100th dress that she’d designed, a mustard-hued faux wrap style with a wide gray zipper slithering up the back. And she lamented a sleeveless red dress with a deep V-neck and side pockets: “Every season, there’s one dress that looks really simple but is a nightmare,” Beckham said. “This is that dress.”
The front rooms of the townhouse were filled with the editors in chief of most of the major fashion glossies and Beckham seemed a bit nervous, never making eye contact with anyone in the audience. This woman who has performed on stage in front of millions seemed acutely aware that she was being judged by an extremely tough crowd and afterward she said, “I’m just so glad it’s over” and joked that she was practically having hot flashes of nervousness. She needn’t have worried. The collection was lovely. It wasn’t filled with razzle-dazzle, but rather the kind of clothes that women—at least those with money and the right sort of figure—would be happy to wear. And Beckham, a wife and mother who is pregnant with her fourth child, noted that the collection was a reflection of her own maturity.
But if one might have thought the audience would have been encouraging and well, equally mature… you would be so terribly wrong. There were muffled giggles, knowing glances, and plenty of eye-rolling over the non-stop narration. Certainly, Beckham’s chatter was a throwback to a 1950s fashion industry. But that was her point—to make the presentation more personal and without the hype of the modern business. It also called to mind the manner in which Tom Ford presented his women’s collection for spring. His rolling monologue drew gushing praise from the industry. Of course, Ford’s presentation dripped in irony. And Ford is the reigning prince of charm.
Beckham’s great crime, it seems, was her earnestness. She was not being ironic. She was not being self-consciously hip. And the cool girls turned on her. It wasn’t pretty.
Looks from Victoria Beckham Dresses Fall 2011 presentation during Mercedes-Benz Fashion Week at Private Studio on February 13, 2011 in New York City. 2nd from right: Victoria Beckham arrives at her fashion presentation (Photos: Chris Moore; Startracks)
Beckham’s great crime, it seems, was her earnestness. She was not being ironic. She was not being self-consciously hip. And the cool girls turned on her. It wasn’t pretty.
While the fashion business is overwhelmingly for and about women, it always seems that women have the hardest time capturing the imagination of the industry’s king—or queen—makers. Today, women such as Donna Karan and Diane von Furstenberg have a large footprint on the American fashion business. Karan has evolved into the kind of designer who attempts to capture the soulfulness and power of femininity—and for fall she did it with a collection that was all lean pencil skirts, cinched waist jackets and luxurious coats done up in a sensual iridescence inspired by pearls. And von Furstenberg’s fall collection of artful print dresses layered over slender trousers, her raucously sparkling tunics and jackets, and her sense of easy glamour reaffirmed her status as the quintessential New York designer. She represents the supremely confident and sexy dame that most every young woman in the fashion industry imagines herself to be.
(Editor’s note: Curtis Smolar is a partner at Ropers Majeski Kohn & Bentley. He submitted this column to VentureBeat.)
A reader asks: My business is in an industry where sales people and software engineers are often recruited by competitors. How can I protect my company from being raided?
Answer: Employers use what are called restrictive covenants to protect trade secrets and prevent employees from unfairly stealing clients and/or information. Courts heavily scrutinize these covenants so it is imperative to have a seasoned attorney assist you with writing one that will be enforceable under the laws of the state where your company is located. (Just missing a few words can create tremendous grief for an employer.)
There are a variety of these available, but let’s look at the most common:
Non-disclosure agreeements: Non-disclosure agreements (“NDAs”) are one of the most effective and commonly used solutions to this problem. An NDA protects information that is a trade secret – data that has economic value (actual or potential) due to its exclusivity and is something you’re making efforts to keep secret.
Taking trade secrets without the owner’s consent is called misappropriation and if an employee misappropriates a trade secret, a company has the right to recover:
- Actual damages it suffers from the theft
- Repayment of the money made by the employee (or his new employer) as a result of the trade secret theft
- Injunctions requiring the return of the stolen property
- Attorney’s fees
To ensure the full protection of an NDA, you’ll need to require the employee to sign a confidentiality agreement when they come on board that defines the scope of information your company is trying to protect. This can be anything from a company’s secret sauce to pricing, lists and business processes.
Additionally, the NDA should contain a proprietary inventions assignment agreement (PIAA), which ensures that all work products created by the employee belong to the company and not to the employee – and the employee has no right to take them when he or she leaves the company. This can include everything from software programs to customer lists to website designs to pricing.
Covenants not to compete – Better known as non-compete agreements, the enforceability of these varies dramatically from state to state. In the states in which they are enforceable, like New York or Massachusetts, they can be very powerful tools. In other states, like California, they are generally prohibited.
California specifically has a statute stating that restrictive covenants not to compete are presumed invalid unless specific circumstances apply. For example, if the owner of a company sells their business, a non-compete may be enforceable against him or her in California.
For the states where these are enforceable, there are still some restrictions based on the duration of the agreement, geographical location and the breadth of activity prohibited.
Additionally, in many cases it doesn’t matter where the agreement was entered into or what the laws are there. If the employee moves to another state, either during or after employment, things can become muddled. So, it’s best to use non-competes with great caution. They may not be as effective as you initially think.
Non-solicitation – There are basically two kinds of non-solicitation agreements – non solicitation of employees and non-solicitation of clients.
Non-solicitation of employees is generally enforceable in most states, but a non-solicitation of clients may be considered an unfair restraint on trade. The exception in those situations is if the non-solicitation agreement is necessary to protect trade secrets.
Non-solicitation agreements are generally less onerous then covenants not to compete and typically more enforceable.
Startup owners: Got a legal question about your business? Submit it in the comments below or email Curtis directly. It could end up in an upcoming “Ask the Attorney” column.
Disclaimer: This “Ask the Attorney” post discusses general legal issues, but it does not constitute legal advice in any respect. No reader should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction. VentureBeat, the author and the author’s firm expressly disclaim all liability in respect of any actions taken or not taken based on any contents of this post.
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