ArentFox Schiff

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1717 K Street NW
Washington, DC 20006, United States
Phone: 202.857.6000
Fax: 202.857.6395
Areas Of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • D.C.
  • Illinois
  • Massachusetts
  • New York
Number of Attorneys
600+ Attorneys

Update on Status of California State Court Emergency Rules

Due to the ongoing COVID-19 pandemic, Emergency Rules for filings, service, and statutes of limitation remain in effect in California state courts. While “temporary” rules first went into effect on April 6, 2020, many remain in…more

Cal Code of Civil Procedure, California, Coronavirus/COVID-19, Statute of Limitations

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Self-Directed IRAs and the Prohibited Transaction Rules

In part 1 of this article, we reviewed the federal law on permitted investments for self-directed IRAs and the various tax, compliance and reporting rules that apply to individual retirement accounts (IRAs). Part 2 discusses the…more

Compensation, Disqualified Persons, Individual Retirement Account (IRA), Internal Revenue Code (IRC), Investment

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Biden's Executive Order Focusing on Biotechnology Offers Opportunities for AgTech Industry

President Biden has revealed the next areas of focus in his effort to protect the United States’ technological leadership and economic competitiveness: biotechnology, biomanufacturing, and the bioeconomy…more

Biden Administration, Biotechnology, Department of Energy (DOE), Department of Health and Human Services (HHS), Department of Transportation (DOT)

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AI Copyright Infringement Suit Proceeds in California District Court

In an early test of the interplay between artificial intelligence (AI) and copyright law, the US District Court for the Northern District of California recently allowed a copyright infringement claim to proceed against an AI…more

Artificial Intelligence, California, Copyright Infringement, Fair Use, Framework Agreement

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Senate Finance Committee Holds Confirmation Hearing For Top Biden HHS Nominees

Deputy Secretary and CMS Administrator Picks Would Fill Two Critical Policy Positions - On Thursday, the Senate Finance Committee held a confirmation hearing for two of the most important health policy officials nominated by…more

Affordable Care Act, Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS)

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Fiduciary Obligations in a Re-Leveraging Transaction Heads to Court: Shipp v. Central States Manufacturing, Inc., Case 5:23-cv-05215-TLB

On November 28, three participants in Central States Manufacturing, Inc.’s employee stock ownership plan (ESOP) filed a complaint on their own behalf and on behalf of other ESOP participants against the company, its board of…more

Board of Directors, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), ESOP, Fiduciary

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US Expands Military License Review Factors for National Security Controlled Items to PRC, Venezuela, and Russia

The US Department of Commerce, Bureau of Industry and Security (BIS) issued a final rule amending the license review policy for items on the Commerce Control List that are controlled for national security (NS) reasons and are…more

Bureau of Industry and Security (BIS), China, Commerce Control List, Department of Defense (DOD), Export Administration Regulations (EAR)

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TTAB Cancels Registration, Holds Operations Manager Is Not Trademark Owner

TMR, LLC conceived of and ran the day-to-day business operations for the Chenoa Fund, a mortgage financing business implemented and operated by CBC Mortgage Agency, Inc. Despite this, the Trademark Trial and Appeal Board (TTAB)…more

Business Operations, Federal Housing Administration (FHA), Mortgage Lenders, Trademark Ownership, Trademark Trial and Appeal Board

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Prop 65 Roundup - January 2024

California AG Will Not Seek Rehearing Of Bar On Prop. 65 Glyphosate Warning - California Attorney General (AG) Rob Bonta (D) has declined to ask a federal appellate court to rehear a panel ruling that permanently blocked…more

Herbicides, OEHHA, Product Labels, Proposed Amendments, Proposition 65

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Mic Drop: Singer-Songwriter Forgoes Public Performance Royalties to Prevent Performances by ‘Cover Band’ Amidst Lawsuit

The original frontman of The Guess Who, Burton Cummings, terminated his public performance license agreements in the hope of preventing what he calls a The Guess Who “cover band” from performing the works he penned for the…more

Copyright, Damages, False Advertising, Intellectual Property Protection, Lanham Act

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Fourth Circuit Rules that State Health Plans Must Cover Gender-Affirming Care

Last week, the US Court of Appeals for the Fourth Circuit issued a decision holding that state health care plans in North Carolina and West Virginia must cover gender-affirming surgeries. A copy of the decision, Kadel v…more

Affordable Care Act, Equal Protection, Gender Identity, Healthcare, Medicaid

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Federal District Court Imposes High Bar on Standing for Plaintiffs Asserting Mental Health Parity Claims

In a recent decision, the US District Court for the District of Utah granted United Healthcare’s (UHC) motion for summary judgment on the plaintiff’s facial and as-applied claims under the Mental Health Parity Act. If followed…more

Mental Health Parity Rule, Motion for Summary Judgment, United Healthcare Insurance Co.

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Navigating Proxy Season in Light of COVID-19

On March 13, 2020, the Division of Corporate Finance of the Securities and Exchange Commission published guidance (Staff Guidance for Conducting Annual Meetings in Light of COVID-19 Concerns) to assist issuers of securities in…more

Annual Meeting, Coronavirus/COVID-19, Corporate Governance, Proxy Season, Publicly-Traded Companies

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Sentencing Commission Proposes Amendment to Limit ‘Acquitted Conduct’

On Wednesday, April 17, the US Sentencing Commission dramatically restricted consideration of so-called “acquitted conduct” when courts determine criminal sentences under the Guidelines Manual. The guidelines that permitted…more

Criminal Defense, Fraud, New Rules, SCOTUS, Theft

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Beyond Robinhood: SEC Oversight in the FinTech Industry

With SEC claims on the rise and the recent Whistleblower amendments, FinTech businesses will be well-served by reviewing their compliance operations and consulting with counsel as needed to mitigate avoidable risk. Is 2021…more

Deferred Prosecution Agreements, Department of Justice (DOJ), FinTech, Non-Prosecution Agreements, Regulatory Oversight

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Pocket Full of Crypto-Volatility: Stakeholders in Bankrupt Crypto Firms Must be Flexible, Agile & Educated

Valuation is a key element in bankruptcies. Generally, a higher valuation of a bankrupt firm means larger creditor recoveries, and a higher valuation of pre-petition collateral means a smaller “adequate protection” package for…more

Bitcoin, Borrowers, Commercial Bankruptcy, Cryptocurrency, Debtors

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Drastic Scheduled Cuts to Disproportionate Share Hospital Funding Would Increase Financial Distress for Safety Net Hospitals

Over 2500 hospitals across the country historically have relied upon Disproportionate Share Hospital (DSH) Medicaid payments for financial stability. These DSH payments, made in large measure to hospitals with high Medicaid and…more

Affordable Care Act, American Hospital Association, Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), DSH

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Airline 401k Decision Illustrates Continued Takeoff of ESG Litigation

A Texas federal judge recently permitted an environmental, social, and governance- (ESG) related Employee Retirement Income Security Act (ERISA) case filed by an airline pilot against his employer and its benefits plan to…more

401k, American Airlines, Breach of Duty, Corporate Counsel, Corporate Governance

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California Supreme Court to Review Newly Created Duty to Market a “Safer” Product Even in the Absence of a Defect

On May 1, the California Supreme Court granted Gilead Science Inc.’s request to review a California appellate court’s holding that the pharmaceutical manufacturer must defend against negligence claims stemming from its decision…more

CA Supreme Court, Duty of Care, Duty to Disclose, FDA Approval, Food and Drug Administration (FDA)

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2023 Trade Secrets End of Year Report

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade…more

Competition, Confidential Information, Contract Terms, Cybersecurity, Damages

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The 2024 Proposed Hospital Outpatient Prospective Payment System and Physician Fee Schedule Rules: What Pharma Stakeholders Need to Know

It is the annual summer pastime for the pharmaceutical community. Time to review the Centers for Medicare & Medicaid Services (CMS) release of the 2024 proposed Hospital Outpatient Prospective Payment System (HOPPS) and…more

Centers for Medicare & Medicaid Services (CMS), HOPPS, Payment Systems, Pharmaceutical Industry, Physician Fee Schedule

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Biden Administration Sets 2028 as the Date to Unplug Sale of Most CFLs Under Energy Efficiency Standards

The sale of most compact florescent light bulbs (CFLs) is set to be phased out in 2028 under recent energy efficiency regulations finalized by the US Department of Energy (DOE). The new energy efficiency standards for light…more

Biden Administration, Department of Energy (DOE), Energy Efficiency, Energy Sector, New Regulations

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USPTO Offers Prioritized Examination for COVID-19-Related Products and Services

The United States Patent and Trademark Office (USPTO) is offering prioritized examination for trademark and service mark applications covering goods and services that offer COVID-19 relief. Historically, the USPTO examined…more

Coronavirus/COVID-19, FDA Approval, Goods or Services, Pharmaceutical Patents, Service Marks

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Breaking: DOL Final Overtime Rule Increases Minimum Salary Threshold for Exemption

Effective July 1, employers must pay employees a salary of at least $844 per week (equivalent to $43,888 per year) to qualify for the Executive, Administrative, Professional, Outside Sales, and Computer Employees exemptions from…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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Significant New Private Fund Rules Adopted by SEC

On August 23, 2023, in its efforts to promote transparency for investors by increasing visibility into compensation schemes, sales practices, and conflicts of interest, the US Securities and Exchange Commission (SEC) adopted…more

Administrative Procedure Act, Attorney's Fees, Audits, Clawbacks, Compensation

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The Metaverse: Considerations for VCs Evaluating Investments in the Next Digital Frontier

The metaverse is shaping up to be the next frontier in digital commerce, with businesses across industries spending millions of dollars buying digital real estate and investing in platforms to be market leaders. This has made…more

Compliance, Data Privacy, Digital Assets, E-Commerce, Enforcement

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Can I Make Copies of That? A Summary of Where Copyright Stands for Higher Education Institutions

College and university staff and college store operators routinely grapple with how to enable students to use copyrighted material in the most economical and efficient way. Copyright protections have not made this easy, with…more

Authorship, Colleges, Copyright, Copyright Infringement, Creative Commons License

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How Low Can You Go? Labor Board’s Final Joint Employer Rule Sets Exceedingly Low Bar for Assessing Joint Employer Liability

It’s back . . . like a bad penny or another season of “Bachelor in Paradise.” Last week, the National Labor Relations Board (NLRB or Board) announced the return of its new and expanded “BFI standard” for determining “joint…more

Browning-Ferris Industries of California Inc., Employer Liability Issues, Federal Labor Laws, Final Rules, Franchises

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DOL Issues Guidance on Workplace AI

The US Department of Labor (DOL) issued guidance this week on the impact of workplace artificial intelligence (AI) on federal labor and employment standards enforced by the Wage and Hour Division. The guidance, delivered as a…more

Artificial Intelligence, Department of Labor (DOL), Employee Polygraph Protection Act (EPPA), Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA)

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Top 10 Issues Facing Consumer Products Industry in 2023

1. Consumer Law Reforms - 2023 will see an increase in class action lawsuits targeting per- and poly-fluoroalkyl substances (PFAS) in consumer products as more PFAS-limiting laws go into effect. Specifically, we expect food…more

Artificial Intelligence, Automatic Renewals, Cryptoassets, Fake Reviews, Federal Trade Commission (FTC)

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FTC Holds Public Forum on Proposed Rule Banning Use of Non-Compete Agreements, Seeks Written Comments

On February 16, 2023, the Federal Trade Commission (FTC) held a public forum on its proposed rule that would, with limited exceptions, ban employers from using employee non-compete agreements and require rescission of existing…more

Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Notice of Proposed Rulemaking (NOPR), Proposed Rules

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California Law May Limit Hospitals’ Ability to Adopt The Joint Commission’s Revised Reappointment Timeframe Standards

In a move changing a decades-long practice, The Joint Commission extended its required timeframe for the reappointment of practitioners from every two years to every three years, unless law or regulation require shorter time…more

California, Hospitals, Licensing Rules, Reappointment

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Charging Ahead: A Primer on EV Charging for the Hospitality Industry

Location, price, brand, and customer reviews are typically the key considerations when someone is choosing a hotel. However, recent data from Hilton reveals one amenity increasingly holds sway for consumers — electric vehicle…more

Charging Stations, Electric Vehicles, Energy Tax Incentives, Funding, Hospitality Industry

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Avoiding Collateral Damage: Taking the (Re)Pledge [Part III]

This constitutes the third in a four-part series that discusses the practice of repledging (sometimes referred to as “rehypothecation”), how standard agreements allow for repledging, the treatment of repledging under current…more

Article 8, Bankruptcy Court, Borrowers, Collateral, Damages

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FCC Announces March 28 Meeting of Precision Agriculture Connectivity Task Force

The Federal Communications Commission (FCC) has announced the next public meeting of its Precision Agriculture Connectivity Task Force (Task Force), which has been scheduled for March 28, 2023…more

5G Network, Agricultural Land, Broadband, FCC, Public Meetings

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As US-China Rivalry Intensifies, Congress Pushes to Further Decouple – Outbound Screening and the NCCDA

Longstanding concerns on Capitol Hill about certain “outbound” activities conducted by U.S. companies and investors, particularly in the technology sector, both in China as well as outside of China with a China nexus, have given…more

CFIUS, China, Defense Production Act, Federal Funding, Jurisdiction

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AI in 2024: What Every GC Needs to Know

As we enter into this second full year of the artificial intelligence (AI) revolution, a clear understanding of the technology and its legal implications becomes crucial for every General Counsel (GC). From understanding the…more

Artificial Intelligence, Copyright Office, Corporate Transparency Act, Fair Labor Standards Act (FLSA), Fair Use

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Top Legal Considerations for the GCs and CFOs in the Life Sciences Industry in 2024

The top legal issues in 2024 for the life sciences field reflect the complex and changing legal landscape that the industry is navigating, encompassing drug pricing, regulatory challenges, and broader societal and governance…more

Affordable Care Act, Artificial Intelligence, Chevron Deference, Data Privacy, Data Security

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California Motor Carriers Rest Easy: 9th Circuit Upholds Preemption of California Meal and Rest Break Rules

The 9th Circuit Court of Appeals has upheld a decision by the Federal Motor Carrier Safety Administration (FMCSA) that FMCSA’s rest break regulations preempt the California meal and rest break rules (CA MRB Rules). The case…more

California, Commercial Truck Drivers, Department of Transportation (DOT), FMCSA, Motor Carrier Act

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New York To Regulate Pharmacy Benefit Managers

Under legislation signed on December 31 by Governor Kathy Hochul, (S.3762/A. 1396; L2021, ch. 828), all pharmacy benefit managers operating in New York State will be required to register with the State Department of Financial…more

Consumers, Department of Financial Services, Health Care Providers, Insurance Industry, New York

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No More Surprise Medical Bills: Biden Administration Finalizes Rule Resetting Administrative Fees for No Surprises Act Arbitrations, Effective January 22, 2024

On December 18, 2023, the US Departments of Treasury, Labor, and Health and Human Services (the Departments) issued a rule finalizing the 2024 non-refundable administrative fee parties must pay to access the arbitration process…more

Administrative Procedure Act, Arbitration, Biden Administration, Department of Health and Human Services (HHS), Department of Labor (DOL)

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CMS Announces New Nursing Home Funding to Protect Residents from COVID-19

On July 22, 2020, the Centers for Medicare & Medicaid Services (CMS) announced new initiatives designed to protect nursing home residents from the novel coronavirus (COVID-19). New Funding - The US Department of Health…more

CARES Act, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS)

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Compulsory Corporate Monitorships: Strategies for Success

Numerous regulatory jurisdictions internationally, as well as multiple nongovernmental organizations (NGOs) such as the World Bank, have increasingly used compulsory corporate monitorships as part of their respective resolution…more

Business Strategies, Compliance, Cooperation, Corporate Monitoring, Department of Justice (DOJ)

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The 10 Trends and Legal Challenges We Are Tracking Throughout 2024

With 2024 well underway, this article highlights some of the pressing legal issues impacting the long term care and senior housing industry this year, including trends affecting the industry and emerging issues industry…more

Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Compliance, Data Collection, Disclosure Requirements

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Death, Disability, Divorce, and Disputes: Know What Your Key Documents Dictate in the Event of a Crisis

Now is a good time to review your trust instruments, family office documents, or company’s governing documents and succession plans to ensure you are prepared to deal with whatever the future brings before it happens…more

Beneficiaries, Business Disputes, Disability, Divorce, Family Offices

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New Mechanic's Lien Opinion Shows Need for Additional Care When Drafting Construction Contracts 

Those in the DC metro area construction industry should take heed of a recent District of Columbia Court of Appeals opinion that sheds additional light on the District’s mechanic’s lien statute – King Carpentry Inc. v. 1345 K…more

Appeals, Breach of Contract, Construction Contracts, Forum Selection, Mechanics Lien

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SEC Approves Climate-Related Disclosure Requirements

On March 6, the US Securities and Exchange Commission (SEC) approved new rules requiring public companies to disclose extensive climate-related information in their registration statements and periodic reports. The SEC has…more

Annual Reports, Canada, Capital Markets, Climate Change, Compliance

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Landlords Lose: New York Federal Court Upholds Landlord/Tenant Laws Due to COVID-19

On November 25, 2020, a New York federal court ruled in Melendez v. The City of New York, No. 20-CV-5301 (S.D.N.Y.) denying an injunction and declaring constitutional NYC Council’s newly enacted anti-harassment and guaranty laws…more

Anti-Harassment Policies, Commercial Tenants, Contracts Clause, Coronavirus/COVID-19, First Amendment

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Five, Six, Seven, Eight, Nine, Ten . . . Will We Love 2024? Top 10 Tax Issues for the Year

The 2024 election year promises to make taxes front-of-mind for many business and individual taxpayers. Beyond the election, there are other note-worthy developments, along with several highly anticipated tax law cases that may…more

Child Tax Credit, Employee Retention, Enforcement Actions, Green Energy, Inflation Reduction Act (IRA)

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Class Action Year in Review: Biometric Privacy

2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Data Privacy

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Media & Entertainment: 10 Legal Developments Impacting Business and Legal Decisions

With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year. In 2024, media and entertainment businesses will focus on whether the longstanding tenet that…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Artificial Intelligence, Authorship, Business Development, California Consumer Privacy Act (CCPA)

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Ninth Circuit Affirms that Businesses Have First Amendment Rights When It Comes to Proposition 65 Warnings

On November 7, 2023, the US Court of Appeals for the Ninth Circuit concluded in National Association of Wheat Growers v. Bonta, that California’s Proposition 65 (Prop 65) cancer warning for glyphosate, a product primarily used…more

Business Entities, California, Environmental Protection Agency (EPA), First Amendment, Herbicides

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US Labor Groups Seek Greater DOT and NHTSA Oversight of Autonomous Vehicles

On November 8, 2023, nearly thirty (30) labor groups including the International Brotherhood of Teamsters and the United Auto Workers (“Labor Groups”) sent a letter to the Secretary of Transportation and the Acting Administrator…more

Automotive Industry, Department of Transportation (DOT), Driverless Cars, NHTSA, Oversight Duties

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Investigations Newsletter: DOJ Secures Plea in $50 Million Medicare Fraud and Kickback Scheme

DOJ Secures Plea in $50 Million Medicare Fraud and Kickback Scheme - On April 26, the US Department of Justice (DOJ) announced that Manishkumar Patel pleaded guilty to charges related to a $50 million health care fraud and…more

Anti-Kickback Statute, Coronavirus/COVID-19, Department of Justice (DOJ), False Claims Act (FCA), Food and Drug Administration (FDA)

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Department of Justice Directed to Consider Risks of COVID-19 for Each Criminal Defendant When Arguing Bail

On April 3, 2020, and April 6, 2020, United States Attorney General William Barr issued two related memos directing the DOJ to consider, in light of the COVID-19 pandemic, the DOJ’s obligations to protect both the federal inmate…more

Attorney General, Bail, Coronavirus/COVID-19, Department of Justice (DOJ), Detainees

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The Development of AI and Protecting Student Data Privacy

Educational technology (EdTech) has long been used by educators as a way to support teaching and facilitate student learning using a wide range of digital tools, platforms, and resources designed to engage students and encourage…more

Artificial Intelligence, Biden Administration, COPPA, Data Privacy, Educational Institutions

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Class Action Year in Review: Wiretapping Update From Class Action to Mass Arbitration

In 2023, we saw the continued proliferation of class action lawsuits filed by “consumer watchdog” plaintiffs under state wiretapping laws, particularly the California Invasion of Privacy Act (CIPA), against website operators…more

Arbitration, CIPA, Class Action, Cybersecurity, Dispute Resolution

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Media & Entertainment: 10 Legal Developments Impacting Business and Legal Decisions

With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year. In 2024, media and entertainment businesses will focus on whether the longstanding tenet that…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Artificial Intelligence, Authorship, Business Development, California Consumer Privacy Act (CCPA)

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Investigations Newsletter: DOJ Secures Plea in $50 Million Medicare Fraud and Kickback Scheme

DOJ Secures Plea in $50 Million Medicare Fraud and Kickback Scheme - On April 26, the US Department of Justice (DOJ) announced that Manishkumar Patel pleaded guilty to charges related to a $50 million health care fraud and…more

Anti-Kickback Statute, Coronavirus/COVID-19, Department of Justice (DOJ), False Claims Act (FCA), Food and Drug Administration (FDA)

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Emerging Businesses and Venture Capital in 2024: 10 Hot Topics for Founders, Investors, and Executives of Emerging Companies

2023 was a pivotal year for the emerging companies, creating new categories of winners and losers across the board. Emerging companies incorporating artificial intelligence or that have clear line of sight to positive cash flows…more

Acquisitions, Artificial Intelligence, Corporate Executives, Corporate Transparency Act, Down Rounds

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Disney Uses First Amendment ‘Right Not To Associate’ In Motion to Dismiss Mandalorian Lawsuit

The First Amendment permits employers engaged in artistic expression to disassociate from employees who make inflammatory statements, Disney argued in a recent motion to dismiss a lawsuit brought by Gina Carano, an actress in…more

Adverse Employment Action, California, Disney, First Amendment, Labor Law Violations

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Bankruptcy Legislation Update: Biden Signs Bill Preserving $7.5 Million Eligibility Threshold for Subchapter V

The President signed legislation raising the eligible debt ceiling for Subchapter V of Chapter 11 to $7,500,000. Small businesses with up to $7,500,000 in noncontingent, liquidated debts are eligible for relief under Subchapter…more

Chapter 11, Eligibility, Joe Biden, Liquidated Damages

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No, a Pandemic Doesn’t Overturn the First Amendment: Massachusetts Enjoined From Banning Debt-Collection Calls or Lawsuits During COVID-19

On May 6, 2020, Judge Richard G. Stearns of the United States District Court for the District of Massachusetts put the brakes on an attempt by Massachusetts Attorney General Maura Healey to alter the relationship between…more

Coronavirus/COVID-19, Fiduciary, First Amendment, Landlords, Mortgages

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Court of Appeal Publishes Peer Review Decision Expanding Anti-SLAPP Protections for Medical Staffs and Hospitals

In response to multiple requests from California hospital industry members, the California Court of Appeal ordered publication of its decision in Bonni v. St. Joseph Health System et al. This important decision is a victory for…more

Anti-SLAPP, Appeals, CA Supreme Court, California, Defamation

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It's Ultra-Complicated: Fifth Circuit and Delaware Bankruptcy Court Decisions Widen Rifts on Make-Whole Premiums and Postpetition Interest

Recent decisions by the Fifth Circuit Court of Appeals and the Bankruptcy Court for the District of Delaware signal further disagreement over the treatment of “make-whole” premium payments under the Bankruptcy Code. In…more

Bankruptcy Code, Bankruptcy Court, Delaware, Interest Rates, Make-Whole Premium

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Prepare the Battlements! What Businesses Need to Know About the NY SHIELD Act

As security risks continue to be at the forefront of legislators’ agendas across the country, New York has joined the growing roster of states pressing businesses to develop more robust breach procedures. Originally proposed in…more

Biometric Information, Cybersecurity, Data Breach, Data Protection, Data Security

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Five Administrative Law Takeaways From Recent Supreme Court Decisions

The US Supreme Court’s decisions of late have been consequential. While headline-grabbing decisions deal with religious liberties, privacy, and gun control, the Court’s impact on administrative law will have major consequences…more

Administrative Procedure Act, Biden v Missouri, Chevron Deference, Clean Air Act, Clean Power Plan

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Circuit Court Applies Warhol v. Goldsmith’s Updated “Transformative” Use Analysis in “Tiger King” Fair Use Suit

The US Circuit Court of Appeals for the Tenth Circuit overturned a federal district court's determination that Netflix made fair use of the plaintiff's video in the 2020 Netflix show “Tiger King,” citing last year’s US Supreme…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Fair Use, Netflix, SCOTUS

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United States Patent and Trademark Deadlines Extended for Those Affected by COVID-19

The United States Patent and Trademark Office recently announced that it will provide a 30-day extension for many patent and trademark filing and fee deadlines to those personally affected by COVID-19. This pandemic hit…more

Coronavirus/COVID-19, Patents, Relief Measures, Time Extensions, USPTO

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UK FCA: United Kingdom’s Recent Focus on Consumer Best Interests

In a welcome change in approach to financial market regulation, the United Kingdom’s Financial Conduct Authority (FCA) is requiring market participants to deliver good outcomes for consumers. On July 27, 2022, the FCA…more

Consumer Protection Laws, Enforcement, Fair Valuation, Financial Conduct Authority (FCA), Financial Crimes

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The Dynamics of Arbitration: Choosing a Dispute Resolution Provision for Lower-Stakes Deals

When negotiating a transaction or vendor agreement, or adopting website terms of service or privacy policies, the choices made in dispute resolution provisions can significantly impact outcomes and costs in the event of a…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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Decades-Running Antitrust Claims Against Sabre Continue To Overcome Hurdles

Before being acquired by American Airlines, US Airways sued Sabre for anticompetitive conduct under the Sherman Act. The case begins trial later this spring, and the district court’s recent ruling on summary judgment highlights…more

American Airlines, Anti-Competitive, Anti-Monopoly, SCOTUS, Sherman Act

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Prepare Now to Capitalize on the Next M&A Opportunity

Now is the time to review your internal contracts, procedures, marketing materials, and policies and prepare your company to capitalize on the next opportunity. With the international supply chain disrupted because of…more

Compliance, Coronavirus/COVID-19, Corporate Branding, Due Diligence, Misclassification

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FCC Announces November 6 Meeting of Precision Agriculture Connectivity Task Force

Effort Supports $1 Billion Commitment to Facilitate Deployment of Wireless AgTech Networks - The Federal Communications Commission (FCC) has announced the next public meeting of its Precision Agriculture Connectivity Task…more

Broadband, FCC, Public Meetings, USDA

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Top 10 Legal Challenges for Employers

With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and a…more

Cannabis Products, Citizenship Status Discrimination, Department of Justice (DOJ), Department of Labor (DOL), Employee Rights

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Come Together, Right Now? US Senate Passes Resolution to Ratify Chile-US Income Tax Treaty

On June 22, 2023, the US Senate passed a resolution consenting to the ratification of the Income Tax Treaty between Chile and the United States (Treaty). The resolution opens the door for President Biden to formally ratify the…more

Base Erosion and Anti-Abuse Tax (BEAT), Chile, Exchange of Information, Income Taxes, Interest Rates

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WorldSmart: A Conversation with Arent Fox Managing Partner Cristina Carvalho

In the most recent podcast of WorldSmart, Arent Fox Managing Partner Cristina Carvalho sits down with AF International Co-Chairs Malcolm McNeil and Hunter Carter for a lively, yet informative, conversation that focuses on both…more

Corporate Branding, Intellectual Property Litigation, Intellectual Property Protection, Trademark Litigation, Trademarks

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Update Alert on Mickelson v. PGA Tour, Inc.

On August 16, 2022, we prepared an alert discussing Mickelson v. PGA Tour, Inc. and the claims made by suspended PGA Tour players (“Player Plaintiffs”) against PGA Tour, Inc. (“Tour.”) Quite a bit has transpired in the past…more

Amended Complaints, Golf, Monopolization, Restraining Orders, Sherman Act

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Attention Los Angeles Retail Businesses: Fair Work Week Ordinance Goes into Effect

Los Angeles retail businesses must now comply with a new ordinance that promotes predictable work hours for employees. On April 1, 2023, the Los Angeles Fair Work Week Ordinance went into effect, which applies to retail…more

City of Los Angeles, Fair Workweek, Good Faith, Notice Requirements, Penalties

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Legal Considerations for GCs and CFOs in the Fashion and Retail Industry in 2024

The fashion and retail industry experienced another year of considerable change in 2023. As advancements in artificial intelligence (AI) spurred innovation within the industry, consumers and regulators worldwide called for…more

Acquisitions, Artificial Intelligence, California, Class Action, Consumers

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2023 Trade Secrets End of Year Report

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade…more

Competition, Confidential Information, Contract Terms, Cybersecurity, Damages

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Mic Drop: Singer-Songwriter Forgoes Public Performance Royalties to Prevent Performances by ‘Cover Band’ Amidst Lawsuit

The original frontman of The Guess Who, Burton Cummings, terminated his public performance license agreements in the hope of preventing what he calls a The Guess Who “cover band” from performing the works he penned for the…more

Copyright, Damages, False Advertising, Intellectual Property Protection, Lanham Act

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Retirement Plans: To Vest or Not To Vest

Plan sponsors should review their plan documents to determine whether the Act’s relief can be applied to their retirement plans. For many companies, 2020 was a difficult financial year. As a result, many companies had no…more

Audits, Benefit Plan Sponsors, Internal Revenue Code (IRC), IRS, Retirement Plan

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Key Takeaways from OCR’s CY22 HIPAA Reports to Congress

On February 14, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued its annual reports to Congress detailing its actions to enforce the privacy, security, and breach notification…more

Breach Notification Rule, Covered Entities, Cyber Attacks, Cybersecurity, Data Security

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Timing Is Everything: Ninth Circuit Addresses Chatbot Consent Requirements

According to a recent unpublished Ninth Circuit ruling, failure to obtain consent prior to using recording technologies is not sufficient for purposes of the California Invasion of Privacy Act (CIPA). This ruling is notable for…more

Consent, Invasion of Privacy, Privacy Policy, Unruh Civil Rights Act, Web Tracking

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2021 Trade Secrets End of Year Report: Analysis of the Year’s Key Cases & Trends

In 2021, trade secrets and non-competes continued to garner attention on the national stage. Non-competes were the focus of significant legislative activity at both the federal and local levels, while trade secrets lead to…more

Computer Fraud and Abuse Act (CFAA), Coronavirus/COVID-19, Intellectual Property Protection, Non-Compete Agreements, SCOTUS

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Top 10 Legal Issues in the Cannabis Industry in 2024

In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And if…more

Artificial Intelligence, Cannabis Products, Cannabis-Related Businesses (CRBs), Capital Raising, DEA

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NYS Insurance Regulators to Health Insurers: Ensure Your Networks Are Adequate

On February 21, Superintendent Adrienne A. Harris of the New York State Department of Financial Services (DFS) unveiled a proposed regulation, 11 NYCRR 38. If adopted, this regulation, would establish network adequacy…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Labor (DOL), Health Care Providers, Health Insurance

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Arent Fox's Advance Look at Hot Button Trade Issues For 2021

Looking towards 2021 and a new Administration, Arent Fox's International Trade & Investment group has prepared a series of primers on six key areas that can impact your business: The Biden Transition, Special Tariffs, Customs,…more

Biden Administration, China, Customs, Export Controls, Tariffs

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Practice Pointer: How Manufacturers Can Protect Their Lobbying Efforts With the Noerr-Pennington Doctrine

Companies often communicate with government agencies directly or through trade associations for a variety of reasons. But what happens when an adverse party tries to use comments made to the government or membership in an…more

Fraudulent Concealment, Lobbying, Manufacturers, Misrepresentation, Noerr-Pennington Doctrine

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POTUS Issues Expansive Executive Order on AI, Calling for All Hands On Deck

On October 30, 2023, President Biden issued an expansive Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI), aiming to establish standards for AI technology to address…more

Artificial Intelligence, Biden Administration, Cybersecurity, Department of Education, Department of Labor (DOL)

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Mining, Energy, and Infrastructure Disputes with Sovereign States in 2023: Mexico Tops the List of Respondents

Disputes in these sectors are likely to continue to grow as the global demand for metals and minerals rises to meet the climate change targets for a cleaner and more renewable energy system. Mexico is ranked at the very top with…more

Dispute Resolution, Electricity, Energy Sector, Foreign Investment, ICSID

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Warranty Reimbursement Rates Under the New California Law

Actually, even dealers who haven’t questioned the value of those memberships should pay close attention to this article. Major kudos are in order for CNCDA, OCADA and the other metro dealer associations for convincing the…more

Automotive Industry, Car Dealerships, Franchises, Governor Newsom, Manufacturers

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Metaverse, Blockchain & Digital Assets: 10 Legal Challenges for Companies in 2023

With the start of the new year, the ArentFox Schiff Metaverse Industry team reviews 10 of the most pressing legal issues for companies in 2023…more

Blockchain, CFTC, Class Action, Compliance, Customer-Loyalty Programs

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New York City Will Allow a Private Right of Action for Violations of Earned Sick and Safe Time Act

Effective March 20, New York City will allow “any person” to bring a private right of action for violations of the Earned Sick and Safe Time Act. As a result, New York City employers are encouraged to review their safe and sick…more

City of New York, Corporate Counsel, Earned Sick and Safe Time Act, Full-Time Employees, Joint Employers

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Calling all Cash Money Millionaires: FinCEN Proposes New Reporting Rules for Cash Residential Real Estate Transfers

“In residential real estate sales, all parties involved, including sellers, developers, title companies, attorneys, and closing agents, need to be aware of reporting requirements. Consider a situation where a commercial…more

Anti-Money Laundering, Bank Secrecy Act, Comment Period, Disclosure Requirements, FinCEN

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New York HERO Act Requires Urgent Employer Action

On May 5, 2021, in response to the COVID-19 pandemic, Governor Andrew Cuomo signed the New York Health and Essential Rights Act (“NY HERO Act”) into law. The NY HERO Act requires extensive workplace health and safety protections…more

Anti-Retaliation Provisions, Coronavirus/COVID-19, Deadlines, Employees, Employer Liability Issues

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Court Approves Novel "Shadow Trading" Theory in SEC Insider-Trading Case

On January 14, 2022, a federal court in the Northern District of California endorsed the SEC's novel "shadow trading" theory of insider trading. In SEC v. Panuwat, No. 3:21-cv-06322-WHO (N.D. Cal. Jan. 14, 2022), the Court held…more

Insider Trading, Mergers, MNPI, Securities and Exchange Commission (SEC)

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Taking a Byte from the Regulatory Apple: States are Introducing Their Own AI Regulations

As the federal government grapples with the complexities of comprehensive artificial intelligence (AI) regulation and competing agendas, several US states are taking matters into their own hands by computing their own solutions…more

Artificial Intelligence, Executive Orders, Regulatory Agenda, Technology Sector

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Spinning to Popping – How Manufacturers Can Address Popular Product Misuse

Parents across the country are often on the lookout for the latest “hot” items for their kids and social media can be one way parents find out about what’s popular. One toy that has been popular on social media is the Pop It…more

Manufacturers, Reasonably Foreseeable, Strict Product Liability

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Ninth Circuit Reverses Decision Requiring Reprocessing of 67,000 Behavioral Health Claims; Hands United Healthcare a Win 

The Ninth Circuit Court of Appeals recently reversed the Northern District of California’s landmark decision against UnitedHealth Group Inc.’s behavioral health unit, United Behavioral Health (“UBH”), under which UBH had been…more

Appeals, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Liability Insurance

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CFIUS Bites Back: Proposed New Enforcement Powers and Penalties

In an effort to give the Committee on Foreign Investment in the United States (CFIUS) more “bite,” yesterday the Committee published a Notice of Proposed Rulemaking (NRPM) in the Federal Register to enhance its procedures and…more

CFIUS, Enforcement Actions, Financial Regulatory Reform, FIRRMA, Foreign Investment

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Customs' New Modernized Broker Regulations Change the Broker-Importer Dynamic: Are You Prepared?

On October 18, 2022, US Customs and Border Protection (CBP) published the long anticipated final rule for the modernization of Customs broker regulations under 19 CFR part 111. The rule will go into effect on December 19,…more

Brokers, Compliance, Customs and Border Protection, Final Rules, Fraud

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AI in 2024: What Every GC Needs to Know

As we enter into this second full year of the artificial intelligence (AI) revolution, a clear understanding of the technology and its legal implications becomes crucial for every General Counsel (GC). From understanding the…more

Artificial Intelligence, Copyright Office, Corporate Transparency Act, Fair Labor Standards Act (FLSA), Fair Use

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Top 10 Legal Issues for 2024 For the Consumer Products Industry

On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old…more

Artificial Intelligence, Class Action, CLRA, Consumer Product Safety Commission (CPSC), Corporate Transparency Act

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2023 Trade Secrets End of Year Report

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade…more

Competition, Confidential Information, Contract Terms, Cybersecurity, Damages

See all updates »

How To Standout and Deliver in Virtual Proceedings

With the new demands on litigators to adapt trial presentation techniques for proceedings conducted by virtual conferencing, success will be driven by how well you are prepared. Here are a few essential tips and techniques to…more

Remote Proceedings, Virtual Litigation, Virtual Meetings

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2021 Trade Secrets End of Year Report: Analysis of the Year’s Key Cases & Trends

In 2021, trade secrets and non-competes continued to garner attention on the national stage. Non-competes were the focus of significant legislative activity at both the federal and local levels, while trade secrets lead to…more

Computer Fraud and Abuse Act (CFAA), Coronavirus/COVID-19, Intellectual Property Protection, Non-Compete Agreements, SCOTUS

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California Proposition 65: OEHHA Publishes Second Modification to Proposed Rules to Short-Form Warnings

California Proposition 65: OEHHA Publishes Second Modification to Proposed Rules to Short-Form Warnings - The National Law Review - On April 5, 2022, the California Office of Environmental Health Hazard Assessment (OEHHA)…more

California, OEHHA, PFAS, Proposed Regulation, Proposed Rules

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Fourth Circuit Rules that State Health Plans Must Cover Gender-Affirming Care

Last week, the US Court of Appeals for the Fourth Circuit issued a decision holding that state health care plans in North Carolina and West Virginia must cover gender-affirming surgeries. A copy of the decision, Kadel v…more

Affordable Care Act, Equal Protection, Gender Identity, Healthcare, Medicaid

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Staying on Course: Navigating Election Year Issues for Exempt Organizations

With the 2024 election cycle underway, it is important for exempt organizations to understand and comply with relevant restrictions on political campaign activities to safeguard their tax-exempt status and avoid triggering…more

501(c)(3), 501(c)(4), 501(c)(6), Excise Tax, Exempt Organizations

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Incapacity and Succession Planning for Closely Held Businesses and the People Who Operate Them

In this installment of the Private Company Strategies podcast, William D'Angelo and Sarah Severson discuss the business risks of not having incapacity and succession plans in place, as well as the need for uniform processes and…more

Business Succession, Family Businesses, Succession Planning

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What Private Companies Need To Consider in 2024: Top 10 Legal Issues

Private companies and their owners face ever-evolving challenges as the market sees new regulations, new deal trends, and new risks in 2024. Below are 10 issues that the owners and leaders of privately held companies should…more

Acquisitions, Artificial Intelligence, Beneficial Owner, Class Action, Corporate Transparency Act

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Ninth Circuit Forbids Insurer from Paying a Retailer’s Legal Fees, Could Your Dealership Be Next?

The Ninth Circuit ruled on Thursday that a California retailer must pay its own legal fees in a state consumer protection lawsuit brought against it by the California Attorney General, despite its insurer’s agreement to cover…more

California, Due Process, False Advertising, Insurance Code, Insurer Liability

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DOJ Antitrust Division Announces Withdrawal of Information Sharing Safety Zone

On February 2, 2023, Principal Deputy Assistant Attorney General Doha Mekki announced that the US Department of Justice (DOJ) Antitrust Division was revisiting and withdrawing several policy statements that provided a key safe…more

Antitrust Division, Department of Justice (DOJ), Health Care Providers, Information Sharing, SCOTUS

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Mining, Energy, and Infrastructure Disputes with Sovereign States in 2023: Mexico Tops the List of Respondents

Disputes in these sectors are likely to continue to grow as the global demand for metals and minerals rises to meet the climate change targets for a cleaner and more renewable energy system. Mexico is ranked at the very top with…more

Dispute Resolution, Electricity, Energy Sector, Foreign Investment, ICSID

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Emerging Businesses and Venture Capital in 2024: 10 Hot Topics for Founders, Investors, and Executives of Emerging Companies

2023 was a pivotal year for the emerging companies, creating new categories of winners and losers across the board. Emerging companies incorporating artificial intelligence or that have clear line of sight to positive cash flows…more

Acquisitions, Artificial Intelligence, Corporate Executives, Corporate Transparency Act, Down Rounds

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Pending Congressional Bill Would Create Potential Liability For E-Commerce Sites Selling Certain Dangerous Counterfeits

A recently-proposed bipartisan federal bill (SHOP SAFE Act of 2020) would create contributory liability for e-commerce platforms that fail to take steps to limit third-party sales of dangerous counterfeit products. The…more

Counterfeit Goods Regulation, E-Commerce, Internet Retailers, Liability, Retail Market

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The New Players in the Sports Industry: NFTs, Fan Tokens, and Blockchain

The adoption of blockchain can be seen across many industries, but perhaps nowhere is it happening faster than in the sports sector. While many factors have led to the rise of blockchain, the advent of non-fungible tokens (NFTs)…more

Blockchain, Digital Assets, Non-Fungible Tokens (NFTs), Online Marketplace, Popular

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Investigations Newsletter: DOJ Secures Plea in $50 Million Medicare Fraud and Kickback Scheme

DOJ Secures Plea in $50 Million Medicare Fraud and Kickback Scheme - On April 26, the US Department of Justice (DOJ) announced that Manishkumar Patel pleaded guilty to charges related to a $50 million health care fraud and…more

Anti-Kickback Statute, Coronavirus/COVID-19, Department of Justice (DOJ), False Claims Act (FCA), Food and Drug Administration (FDA)

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EPA Updates Interim Guidance on Destruction and Disposal of PFAS Wastes

On April 8, the US Environmental Protection Agency (EPA) issued interim guidance for public comment regarding the destruction and disposal of per- and polyfluoroalkyl substances (PFAS). Below, we discuss the guidance and…more

CERCLA, Enforcement, Environmental Protection Agency (EPA), Hazardous Waste, Interim Guidance

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Made in America is Alive and Well as Are Large Penalties for Violations: Kubota to Pay $2 Million for False Claims

The Federal Trade Commission (FTC) is continuing its Made in America enforcement offensive in full force in 2024, further cracking down on companies for falsely advertising that their products are “Made in the USA” when, in…more

Department of Justice (DOJ), Federal Trade Commission (FTC), FTC Act, Labeling, Made in the USA

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Massachusetts Legislature Passes Remote Notarization Act

On April 23, 2020, the Massachusetts Legislature passed an act providing for remote notarization to address challenges related to the 2019 novel coronavirus (COVID-19). The act has been sent to Governor Baker for his review and…more

Coronavirus/COVID-19, Governor Baker, Remote Notarization, Remote Working, State and Local Government

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FCC Heightens Focus on Artificial Intelligence in Recent Actions

Reinstatement of Consumer Advisory Committee - The Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel recently announced the Commission's decision to reboot the Consumer Advisory Committee (CAC). The 12th…more

Artificial Intelligence, Consumer Advisory Board, Deep Fake, Disclosure Requirements, FCC

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IRS Expands on Disallowance of Deductions for Expenses Paid With PPP Loan Proceeds

The IRS has confirmed that a taxpayer who received a covered loan guaranteed under the PPP and who paid or incurred certain otherwise deductible expenses listed in the CARES Act may not deduct those expenses in the taxable year…more

Business Expenses, CARES Act, Coronavirus/COVID-19, IRS, Loan Forgiveness

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The Dynamics of Arbitration: Choosing a Dispute Resolution Provision for Lower-Stakes Deals

When negotiating a transaction or vendor agreement, or adopting website terms of service or privacy policies, the choices made in dispute resolution provisions can significantly impact outcomes and costs in the event of a…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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Media & Entertainment: 10 Legal Developments Impacting Business and Legal Decisions

With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year. In 2024, media and entertainment businesses will focus on whether the longstanding tenet that…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Artificial Intelligence, Authorship, Business Development, California Consumer Privacy Act (CCPA)

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Preliminary Antidumping Duties Go In Effect on Imports of Products Containing Aluminum Extrusions From Multiple Countries

As a follow up to our March 1 alert on Imported Products Containing an Aluminum Extrusion Part or Any Extruded Aluminum, the US Department of Commerce (DOC) has announced the preliminary antidumping dumping duties affecting…more

Aluminum Sales, Anti-Dumping Duty, Exporters, Imports, International Trade Commission (ITC)

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Georgia Supreme Court Holds Life Insurance Policies Taken Out With Intent to Sell are Lawful

On October 25, 2022, the Supreme Court of Georgia answered a certified question from the Eleventh Circuit Court of Appeals concerning Georgia’s insurable interest statute, OCGA § 33-24-3 (1995)…more

Appeals, GA Supreme Court, Insurable Interests, Insurance Industry, Life Insurance

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Congress Extends PPP Application Period Until End of May

On March 25, 2021, Congress passed the PPP Extension Act of 2021 (PPP Extension Act), to extend the application window for small businesses to apply for Paycheck Protection Program (PPP) loans by an additional two months…more

Coronavirus/COVID-19, Filing Deadlines, Patent Applications, Paycheck Protection Program (PPP), SBA

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Analysis: President Biden Unveils American Jobs Plan

Today in Pittsburgh President Biden unveiled the first part of his Build Back Better plan, a $2.25 trillion dollar infrastructure plan titled the “American Jobs Plan.” The groundbreaking legislation comprises eight fiscal years…more

Biden Administration, Broadband, Electric Vehicles, Infrastructure

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Free Speech & Governance Policies: On (and Off) Campus

Good nonprofit governance is challenging. It involves crafting and implementing smart policies that can be clearly communicated and anticipate future problems. This is easier said than done, especially with unpaid boards and, at…more

Code of Conduct, Colleges, Excise Tax, Faculty, Federal Student Aid

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Class Actions Quarterly Update: Supreme Court

The Supreme Court ruled on several cases involving class actions in the last few months. A case awaiting certiorari could dramatically change the jurisdictional requirements for plaintiffs in class actions across the country…more

Ally Financial Inc, Appeals, Barr v American Association of Political Consultants Inc, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Certiorari

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Supreme Court Blocks OSHA Vaccine/Testing Rule but Allows Health Care Vaccine Mandate To Proceed

On January 13, 2022, the Supreme Court reinstituted a stay blocking OSHA's COVID-19 vaccination and testing emergency temporary standard (ETS), which mandated that employers with 100 or more employees require their employees to…more

Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19, Employer Mandates

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Avoiding Collateral Damage: Taking the (Re)Pledge [Part III]

This constitutes the third in a four-part series that discusses the practice of repledging (sometimes referred to as “rehypothecation”), how standard agreements allow for repledging, the treatment of repledging under current…more

Article 8, Bankruptcy Court, Borrowers, Collateral, Damages

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Mega-Trends Impacting Municipal Market

We are at the initial stages of a major paradigm shift that has significant implications for the municipal market over the next five to 10 years. A number of societal mega-trends will present material challenges for the…more

Climate Change, Debt, Economic Growth, Federal Budget, Federal Funding

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SEC Approves Climate-Related Disclosure Requirements

On March 6, the US Securities and Exchange Commission (SEC) approved new rules requiring public companies to disclose extensive climate-related information in their registration statements and periodic reports. The SEC has…more

Annual Reports, Canada, Capital Markets, Climate Change, Compliance

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Georgia Supreme Court Holds Life Insurance Policies Taken Out With Intent to Sell are Lawful

On October 25, 2022, the Supreme Court of Georgia answered a certified question from the Eleventh Circuit Court of Appeals concerning Georgia’s insurable interest statute, OCGA § 33-24-3 (1995)…more

Appeals, GA Supreme Court, Insurable Interests, Insurance Industry, Life Insurance

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Evel Knievel Trademark Stunt Falls Short: Disney’s Toy Story 4 Character Found Non-infringing

A federal district court judge recently dismissed infringement claims brought against Disney and Pixar over the daredevil character Duke Caboom featured in Toy Story 4. A year ago, Evel Knievel's son filed the case as head of…more

Dismissals, Disney, False Endorsements, Intellectual Property Litigation, Right of Publicity

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PFAS Phaseout Bill Introduced in Congress as State and EPA Regulations Develop

Amid a rise in state laws and regulations governing per- and polyfluoroalkyl substances (PFAS), two congressional Democrats introduced the Forever Chemical Regulation and Accountability Act (FCRAA) in their respective chambers…more

Environmental Policies, Environmental Protection Agency (EPA), Final Rules, Hazardous Substances, PFAS

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FinCEN Issues Final Rules & Regulations for CTA

Knowing who owns legal entities is essential to stopping terrorism, money laundering, and other sophisticated criminal enterprises. For entities formed in the United States there has never been a requirement to disclose…more

Beneficial Owner, Corporate Transparency Act, Customer Due Diligence (CDD), Disclosure Requirements, Final Rules

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Staying on Course: Navigating Election Year Issues for Exempt Organizations

With the 2024 election cycle underway, it is important for exempt organizations to understand and comply with relevant restrictions on political campaign activities to safeguard their tax-exempt status and avoid triggering…more

501(c)(3), 501(c)(4), 501(c)(6), Excise Tax, Exempt Organizations

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Mental Health Parity Act: Recent Tenth Circuit Opinion Clarifies Pleading Elements Required Under Mental Health Parity and Addiction Equity Act

In a recent opinion, E.W. v. Health Net Life Insurance Co., the US Court of Appeals for the Tenth Circuit clarified the elements that plaintiffs must plead to state claims under the Mental Health Parity and Addiction Equity Act…more

Employer Group Health Plans, Mental Health, Mental Health Parity Rule, MHPAEA, Substance Abuse

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Five, Six, Seven, Eight, Nine, Ten . . . Will We Love 2024? Top 10 Tax Issues for the Year

The 2024 election year promises to make taxes front-of-mind for many business and individual taxpayers. Beyond the election, there are other note-worthy developments, along with several highly anticipated tax law cases that may…more

Child Tax Credit, Employee Retention, Enforcement Actions, Green Energy, Inflation Reduction Act (IRA)

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Ninth Circuit Rules California’s AB5 Will Apply to Motor Carriers

The Ninth Circuit Court of Appeals has issued a long-awaited decision on the question of whether AB5, California’s strict independent contractor misclassification statute, may be applied to motor carriers, or whether the Federal…more

ABC Test, CA Supreme Court, California, Employee Definition, Federal Aviation Administration Authorization Act of 1994 (FAAAA)

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Compulsory Corporate Monitorships: Strategies for Success

Numerous regulatory jurisdictions internationally, as well as multiple nongovernmental organizations (NGOs) such as the World Bank, have increasingly used compulsory corporate monitorships as part of their respective resolution…more

Business Strategies, Compliance, Cooperation, Corporate Monitoring, Department of Justice (DOJ)

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ArentFox Schiff Wins a Rare PTAB Decision Reversing Patent Examiner’s Subject Matter Eligibility Rejection in a Fintech Patent Application

In 2023, the Patent Trial and Appeal Board (PTAB) reversed examiners’ decisions in about 30% of appeals, and only in about 7% of appeals related to patent applications for business methods, which include financial technology…more

Copyright, Financial Instruments, FinTech, Information Technology, Inventions

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2023 Trade Secrets End of Year Report

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade…more

Competition, Confidential Information, Contract Terms, Cybersecurity, Damages

See all updates »

Investigations Newsletter: Former Comptroller of Ecuador Convicted in International Bribery and Money Laundering Scheme

Former Comptroller of Ecuador Convicted in International Bribery and Money Laundering Scheme - On April 24, a Miami jury convicted Carlos Ramon Polit Faggioni, the former Comptroller General of Ecuador, for his role in an…more

Bribery, Conspiracies, Controlled Substances, Dark Web, Department of Justice (DOJ)

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Michigan Sales and Use Tax Acts Amendment Expands Tax Exemption for Industrial Processing

On May 8, 2023, the Michigan Sales and Use Tax Acts were amended to allow an industrial processing tax exemption for property used for the production, manufacturing, or recycling of “aggregate” materials, which include common…more

Industrial Products, Proposed Amendments, Sales & Use Tax, Tax Exemptions

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The End of LIBOR: Hotel California Edition (Part I)

Although July 3 was the first business day on which no USD LIBOR was published, many financial instruments will not reset until the next reset date, based upon the tenor of each instruments’ underlying benchmark, which could…more

Banking Sector, Borrowers, Debt Instruments, Financial Institutions, Financial Services Industry

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UNCITRAL Concludes Its 56th Session in Vienna

On July 25, 2023, the United Nations Commission on International Trade (UNCITRAL) concluded its 56th session in Vienna, Austria. During the 56th session, UNCITRAL adopted a number of new guidelines and texts on mediation,…more

Dispute Resolution, International Mediation, Mediation, UNCITRAL

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Charging Ahead: A Primer on EV Charging for the Hospitality Industry

Location, price, brand, and customer reviews are typically the key considerations when someone is choosing a hotel. However, recent data from Hilton reveals one amenity increasingly holds sway for consumers — electric vehicle…more

Charging Stations, Electric Vehicles, Energy Tax Incentives, Funding, Hospitality Industry

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2023 Trade Secrets End of Year Report

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade…more

Competition, Confidential Information, Contract Terms, Cybersecurity, Damages

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ALTA/NSPS Update the Land Title Survey Standards

Effective as of February 23, 2021, the American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS) have, once again, updated the Minimum Standard Detail Requirements for ALTA/NSPS Land Title…more

Easements, Land Surveys, Land Titles, Public Utility, Title Reports

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Supreme Court Resolves Circuit Split Regarding Scope of the Computer Fraud and Abuse Act

The Supreme Court has issued a much anticipated opinion on the scope of the Computer Fraud and Abuse Act (the CFAA), holding in Van Buren v. United States that an individual “exceeds authorized access” under the CFAA when he…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

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Mic Drop: Singer-Songwriter Forgoes Public Performance Royalties to Prevent Performances by ‘Cover Band’ Amidst Lawsuit

The original frontman of The Guess Who, Burton Cummings, terminated his public performance license agreements in the hope of preventing what he calls a The Guess Who “cover band” from performing the works he penned for the…more

Copyright, Damages, False Advertising, Intellectual Property Protection, Lanham Act

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California Supreme Court to Review Newly Created Duty to Market a “Safer” Product Even in the Absence of a Defect

On May 1, the California Supreme Court granted Gilead Science Inc.’s request to review a California appellate court’s holding that the pharmaceutical manufacturer must defend against negligence claims stemming from its decision…more

CA Supreme Court, Duty of Care, Duty to Disclose, FDA Approval, Food and Drug Administration (FDA)

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Supreme Court Rules Against Warhol Estate in Copyright Dispute Over Use of Photo of Prince for Magazine Cover — Potentially Wide-Reaching Implications for Generative AI for Visual Art

On May 18, 2023, the US Supreme Court affirmed the Second Circuit’s decision that artist Andy Warhol’s silkscreen portrait of Lynn Goldsmith’s photograph of musician Prince, used for a Vanity Fair cover, was not a fair use under…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Artificial Intelligence, Copyright, Copyright Infringement, Derivative Works

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FCC Rules Requiring Broadcasters To Disclose Foreign-Sponsored Programming Become Effective

Rules Effective Now for New Program Leasing Agreements, Although Appeal is Pending - The FCC has announced the effectiveness of rules that will now require broadcasters to disclose when foreign governments or their…more

Broadcasting, Communications Act of 1934, FCC, Foreign Agents Registration Act (FARA), Foreign Governments

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Illinois Bankruptcy Court: Preliminary Distributions Lock Subchapter V Plan 

In an issue of first impression for the jurisdiction, the Bankruptcy Court for the Northern District of Illinois has ruled that a subchapter V debtor “substantially consummated” its plan by paying less than $1,500 in…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Coronavirus/COVID-19, Economic Injury Disaster Loans

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ArentFox Schiff Issues the First Global Definitive Legal Guide for Industries Navigating AI

Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and…more

Advertising, Artificial Intelligence, Automotive Industry, Biometric Information, Clean Energy

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Non-US Companies Face New Compliance Requirements Under the US Corporate Transparency Act Beginning in 2024

The Corporate Transparency Act (CTA) became effective on January 1. The CTA creates a new national database of companies, maintained by the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN), to…more

Beneficial Owner, Compliance, Corporate Transparency Act, Filing Requirements, FinCEN

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Visa Reduces Its Merchant Surcharge Cap to 3% Effective April 15, 2023: Merchants Should Ensure They Are in Compliance to Avoid Fines, Fees and Litigation

Effective April 15, 2023, Visa has implemented a reduction in the permissible merchant surcharge to the lower of: (a) the merchant discount rate (MDR) for the applicable credit card or (b) 3%. The MDR is the fee charged to the…more

Compliance, Credit Cards, Fees, Fines, Noncompliance

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Congress Holds First Fintech Task Force Hearing, Focuses on Innovation Regulation

The House Financial Services Committee’s new task force on fintech held its first hearing on Tuesday, June 25th, regarding the regulatory response to fintech’s rapid expansion and the impact it is having on consumers as well as…more

Congressional Committees, Congressional Investigations & Hearings, Financial Conduct Authority (FCA), Financial Regulatory Agencies, Financial Services Industry

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Avoiding Collateral Damage: Taking the (Re)Pledge [Part III]

This constitutes the third in a four-part series that discusses the practice of repledging (sometimes referred to as “rehypothecation”), how standard agreements allow for repledging, the treatment of repledging under current…more

Article 8, Bankruptcy Court, Borrowers, Collateral, Damages

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New York Signs into Law Legislation Allowing Out of State “Risk Retention Groups” to Offer Automobile Insurance Coverage to Not-for-Profit Organizations

On September 15, 2023, New York Governor Kathy Hochul signed into law legislation (S.5959-B/A.5718-B), which allows out-of-state “risk retention groups” registered in New York State to offer automobile insurance coverage to…more

501(c)(3), Auto Insurance, Internal Revenue Code (IRC), Liability Insurance, New York

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Canadian Man Sentenced for Operating $175 Million Psychic Mass-Mailing Fraud Scheme

Headlines that Matter for Companies and Executives in Regulated Industries- Canadian Man Sentenced for Operating $175 Million Psychic Mass-Mailing Fraud Scheme - On April 15, Patrice Runner, a Canadian and French citizen,…more

Criminal Convictions, Criminal Prosecution, Department of Justice (DOJ), Fraud, Mail Fraud

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Do No Harm: SCOTUS Makes it Easier for Employees to Succeed on Discrimination Claims Based on Internal Job Transfers

When transferring an employee or making changes to their job duties, employers now face an increased risk of claims under Title VII. On April 17, the US Supreme Court unanimously held that plaintiffs alleging discrimination in…more

Adverse Employment Action, Anti-Discrimination Policies, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employee Transfers

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Second Circuit Rules That the Filed-Rate Doctrine Bars the Recalculation of Approved Auto Insurance Rates

On May 25, 2022, in Grossman v. GEICO Cas. Co. (No. 21-278), the Second Circuit Court of Appeals affirmed the District Court’s dismissal of an attempted class action by two automobile policyholders alleging that GEICO unjustly…more

Auto Insurance, Coronavirus/COVID-19, Filed-Rate Doctrine, GEICO, Insurance Industry

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SEC Approves Climate-Related Disclosure Requirements

On March 6, the US Securities and Exchange Commission (SEC) approved new rules requiring public companies to disclose extensive climate-related information in their registration statements and periodic reports. The SEC has…more

Annual Reports, Canada, Capital Markets, Climate Change, Compliance

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2024 Estate Planning Outlook: Transfer Tax Changes are on the Horizon

The Tax Cuts and Jobs Act of 2017 (TCJA) significantly increased the lifetime estate and gift tax exemption from $5.6 million to $11.18 million for individuals, with adjustments for inflation starting in 2018. For 2023, the…more

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Media & Entertainment: 10 Legal Developments Impacting Business and Legal Decisions

With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year. In 2024, media and entertainment businesses will focus on whether the longstanding tenet that…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Artificial Intelligence, Authorship, Business Development, California Consumer Privacy Act (CCPA)

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Senate Finance Committee Holds Confirmation Hearing For Top Biden HHS Nominees

Deputy Secretary and CMS Administrator Picks Would Fill Two Critical Policy Positions - On Thursday, the Senate Finance Committee held a confirmation hearing for two of the most important health policy officials nominated by…more

Affordable Care Act, Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS)

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White House Incentivizes Commercial Conversions to Affordable Housing in More Ways Than One

On October 27, the Biden-Harris Administration announced new initiatives across various governmental agencies to support and encourage the conversion of high-vacancy commercial buildings in downtown urban environments to…more

Affordable Housing, Biden Administration, Commercial Buildings, Department of Transportation (DOT), General Services Administration (GSA)

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ArentFox Schiff Issues the First Global Definitive Legal Guide for Industries Navigating AI

Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and…more

Advertising, Artificial Intelligence, Automotive Industry, Biometric Information, Clean Energy

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COVID-19: Arent Fox Sports Industry Newsletter

Arent Fox’s Sports industry group is part of the firm's COVID-19 Task Force, which is helping clients navigate new legal issues, regulatory challenges, and policy changes. Our newsletter highlights how the world of sports…more

CARES Act, Coronavirus/COVID-19, Data Privacy, Fantasy Sports, Olympics

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The CARES Act: Considerations for Auto Dealerships During COVID-19 Pandemic

...CARES Act - Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which included the Paycheck Protection Program (PPP) for small businesses. The PPP provides short-term cash flow assistance to…more

Automotive Industry, CARES Act, Coronavirus/COVID-19, Essential Functions, Logistics

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ArentFox Schiff Issues the First Global Definitive Legal Guide for Industries Navigating AI

Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and…more

Advertising, Artificial Intelligence, Automotive Industry, Biometric Information, Clean Energy

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Preliminary Antidumping Duties Go In Effect on Imports of Products Containing Aluminum Extrusions From Multiple Countries

As a follow up to our March 1 alert on Imported Products Containing an Aluminum Extrusion Part or Any Extruded Aluminum, the US Department of Commerce (DOC) has announced the preliminary antidumping dumping duties affecting…more

Aluminum Sales, Anti-Dumping Duty, Exporters, Imports, International Trade Commission (ITC)

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E-signatures: When They’re Legal and Best Practices for Implementation

With the widespread adoption of remote work, companies in all industries have turned to electronic signature (e-signature) solutions to sign the dotted line quickly and efficiently. E-signature solutions allow companies to…more

Digital Signature Standards, E-Signatures, Food and Drug Administration (FDA), Repudiation, Risk Management

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Eight Issues That Will Impact the Hospitality Industry in 2024

After seemingly bouncing back from the challenges posed by the COVID-19 pandemic and related labor, supply chain, and governmental mandate issues, the hospitality industry experienced a year of volatility in 2023, with…more

Artificial Intelligence, Corporate Transparency Act, Debt, Employee Definition, Employee Retention

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Legal Considerations for GCs and CFOs in the Fashion and Retail Industry in 2024

The fashion and retail industry experienced another year of considerable change in 2023. As advancements in artificial intelligence (AI) spurred innovation within the industry, consumers and regulators worldwide called for…more

Acquisitions, Artificial Intelligence, California, Class Action, Consumers

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Summary and Takeaways from USPTO Roundtable on Patents and NFTs

On January 26, 2023, the US Patent and Trademark Office (USPTO) conducted a public roundtable, during which various attorneys and industry experts discussed their thoughts on the intersection of patent law with non-fungible…more

Blockchain, Intellectual Property Protection, Inventions, Inventors, Non-Fungible Tokens (NFTs)

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Wow AUKUS is for Real! Exports to Australia and UK Just Got Way Easier

The US Government just placed Australia and the United Kingdom (UK) in nearly the same position as Canada for dual-use exports under the Export Administration Regulations (EAR) and is poised to go even further with a proposed…more

Australia, Commerce Control List, Corporate Counsel, Directorate of Defense Trade Controls (DDTC), Dual Use Goods

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10 Legal Challenges for the Cannabis Industry in 2023

1. Cannabis Entering the Metaverse - As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory…more

Advertising, Cannabis-Related Businesses (CRBs), Controlled Substances, Dormant Commerce Clause, Drug Testing

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Fast Five: Important Law and Policy Updates for US Health Care Transactions

With the end of the first quarter of 2024, we highlight five developments, changes, or challenges that health systems, hospitals, nursing homes, clinics, physician practices, health insurers, and other health care providers,…more

Acquisitions, Audits, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ)

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10 Legal Issues for Nonprofit and Association Leadership in 2024

As 2024 gets underway, the nonprofit sector will continue to face new challenges in addition to grappling with ongoing challenges that continue to impact the sector. Our interdisciplinary team, serving thousands of nonprofits…more

501(c)(3), 501(c)(4), Artificial Intelligence, California Privacy Protection Agency (CPPA), Compliance

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Litigating Spoliation Claims in Trade Secret Cases: Recent Trends Toward Terminating Sanctions

In a previous article, Litigating Spoliation Claims in Trade Secret Cases, we discussed the rise of spoliation in trade secret and restrictive covenant cases. In that article, we provided background on trade secret laws and the…more

Electronically Stored Information, Preliminary Injunctions, Restrictive Covenants, Software Developers, Source Code

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College Athletes Cash in on Name, Image, and Likeness

In a move that significantly departs from the NCAA’s strict stance against college athletes’ ability to capitalize on their name, image, and likeness (NIL), the NCAA Board of Directors approved interim policy changes on…more

Alston v NCAA, College Athletes, Endorsements, Name and Likeness, NCAA

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Top 10 Legal Issues in the Cannabis Industry in 2024

In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And if…more

Artificial Intelligence, Cannabis Products, Cannabis-Related Businesses (CRBs), Capital Raising, DEA

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Investigations Newsletter: Trio Sentenced to Eight to 15 Years in Prison for Laundering Proceeds of Telephone Scam

Trio Sentenced to Eight to 15 Years in Prison for Laundering Proceeds of Telephone Scam - Following a jury trial, three individuals were convicted of a money laundering conspiracy and sentenced to eight, 10, and 15 years in…more

Fraud, Jury Trial, Loans, Money Laundering, Sentencing

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Will the Retail Apocalypse Return?

After years of large retailers and malls struggling prior to the COVID-19 pandemic and the most vulnerable retailers filing for bankruptcy relief in its immediate wake in early 2020, the US economy rebounded strongly with the…more

Bureau of Labor Statistics, Chapter 11, Consumer Price Index, Coronavirus/COVID-19, Financial Crisis

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Arent Fox's Advance Look at Hot Button Trade Issues For 2021

Looking towards 2021 and a new Administration, Arent Fox's International Trade & Investment group has prepared a series of primers on six key areas that can impact your business: The Biden Transition, Special Tariffs, Customs,…more

Biden Administration, China, Customs, Export Controls, Tariffs

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EPA Updates Interim Guidance on Destruction and Disposal of PFAS Wastes

On April 8, the US Environmental Protection Agency (EPA) issued interim guidance for public comment regarding the destruction and disposal of per- and polyfluoroalkyl substances (PFAS). Below, we discuss the guidance and…more

CERCLA, Enforcement, Environmental Protection Agency (EPA), Hazardous Waste, Interim Guidance

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Buckle Your Seatbelts: Tax Ramifications of the LIBOR Transition

Although this article is focused on tax-exempt debt, the tax ramifications of the LIBOR transition are not limited to the municipal finance world, and the elimination of LIBOR may also have a significant impact on taxable debt,…more

Alternative Reference Rates Committee (ARRC), Debt Instruments, Interest Rates, Internal Revenue Code (IRC), IRS

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Work-Out or Walk-Out: The Difficult Decision Facing Commercial Office Owners

Back in March, we wrote about the then-current news of some of the nation’s largest real estate owners defaulting on loans secured by office buildings. At the time, we envisioned a market ripe for borrowers and lenders to engage…more

Borrowers, Commercial Real Estate Market, Deed-in-Lieu of Foreclosure, FDIC, Hybrid Plan

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Illinois Hopes New Law Will Fuel Next Generation of Nuclear Power Development

Nuclear power has long been a core component of the Illinois energy sector. A new law seeks to enable nuclear power to play an increased role in the energy transition by allowing construction of new “small modular reactors” in…more

Department of Homeland Security (DHS), Energy Sector, Environmental Protection Agency (EPA), Illinois, Nuclear Power

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In Long-Running Dispute, ITC Rules Chuck Taylor Sneakers Protectable But Not Infringed

Converse – In re Certain Footwear Products, Inv. No. 337-TA-936 (Remand, 2020) - It has been over six years since Converse first filed its headline-grabbing International Trade Commission complaint against over thirty rival…more

Appeals, International Trade Commission (ITC), Trademark Application, Trademark Infringement

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Health Care Providers Navigate Fallout of Major Cyberattack on Change Healthcare

Change Healthcare, an affiliate of Optum and UnitedHealth Group, processes more than 15 billion health care transactions annually and touches one of every three patient records. On February 21, Change disconnected its technology…more

American Medical Association, Centers for Medicare & Medicaid Services (CMS), Cyber Attacks, Cybersecurity, Health Care Providers

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Class Action Year in Review: Post-Saxon Anyone Can Claim to Be a Transportation Worker

It is common practice for companies to utilize agreements requiring arbitration on an individual basis to avoid or limit the risk, burden, and expense of class and collective actions. However, an exemption in Section 1 of the…more

Arbitration, Class Action, Federal Arbitration Act, Foreign Commerce, Interstate Commerce

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Rise in VCM Business May Trigger CFTC Oversight on Sales of Carbon Offset Credits

Many major companies have announced a blueprint to minimize their carbon footprint. Some companies have gone so far as to proclaim that they will achieve “net zero” emissions in the near future. To accomplish their climate…more

Anti-Fraud Provisions, Brokers, Carbon Emissions, Carbon Off-Set Credits, CFTC

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EPA Issues New Policy on Its Use of Consent Decrees and Settlements

The US Environmental Protection Agency (EPA) recently updated its guidance on “sue-and-settle” situations – a contentious approach to resolving claims alleging that the agency has failed to perform a required duty. Successive…more

Administrative Procedure Act, Consent Decrees, Corporate Counsel, Environmental Protection Agency (EPA), New Guidance

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WorldSmart: Arent Fox and Its Sovereign Representation in the International Marketplace

In this WorldSmart podcast, Arent Fox’s Senior International Advisor, Richard Griffiths, sits down to discuss the firm’s Sovereign Representation Group and its presence in the international market with the International Group’s…more

Foreign Policy, Foreign Relations, Trade Agreements, Trade Policy, Trade Relations

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Health Care Providers Navigate Fallout of Major Cyberattack on Change Healthcare

Change Healthcare, an affiliate of Optum and UnitedHealth Group, processes more than 15 billion health care transactions annually and touches one of every three patient records. On February 21, Change disconnected its technology…more

American Medical Association, Centers for Medicare & Medicaid Services (CMS), Cyber Attacks, Cybersecurity, Health Care Providers

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Top 10 Legal Issues in the Cannabis Industry in 2024

In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And if…more

Artificial Intelligence, Cannabis Products, Cannabis-Related Businesses (CRBs), Capital Raising, DEA

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Bondholders Should Reevaluate Indenture Provisions in Light of PREPA Lien Challenge Decision

Bondholders of the Puerto Rico Electric Power Authority (PREPA) have a secured claim only up to the amount of certain funds established under their trust indenture, and an unsecured claim for the value of future net revenues of…more

Bondholders, Chapter 9, Liens, PREPA, Puerto Rico

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California Bill to Regulate Vehicle Speed and Reduce Road Fatalities Introduced in State Senate

On January 24, the Speeding and Fatality Emergency Reduction on California Streets (SAFER California Streets) Package was introduced in an effort to increase safety on California roads. California state Senator Scott Wiener…more

California, Motor Vehicles, New Legislation, Speed Limits

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USTR Announces a Further Extension of Certain Section 301 Exclusions Until December 31

On September 6, 2023, the Office of the US Trade Representative (USTR), the agency responsible for implementing the Section 301 tariffs on imports from China, announced the further extension of 352 exclusions and 77…more

China, Coronavirus/COVID-19, Imports, Section 301, Tariffs

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Biden Administration Rolls Out New Tranche of Sanctions on Russia Blocking Major Russian Banks and Elites and Prohibiting New Investment

On Wednesday, April 6, 2022, the U.S. Government, in concert with the G7 and European Union, took significant additional sanctions actions against Russia “to impose severe and immediate economic costs on the Putin regime for its…more

Banking Sector, Biden Administration, Blocking Sanctions, Economic Sanctions, Energy Sector

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BIS Authorizes Medical Device Exports to Russia, Belarus, and Occupied Ukraine (With Strings Attached)

License Exception MED, published by the US Department of Commerce’s Bureau of Industry and Security (BIS) on April 25, authorizes the export, reexport, or in-country transfer of EAR99 “medical devices” to non-military hospitals…more

Belarus, Bureau of Industry and Security (BIS), Compliance, Export Administration Regulations (EAR), Export Controls

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Beverage & Food Industry in 2024: 10 Hot Topics for Beverage & Food Industry Founders, Investors, and Executives

2023 was a pivotal year for the beverage and food industry globally, creating new categories of winners and losers across the board. With a full year of operations largely relieved of pandemic-era restrictions, restaurant…more

Acquisitions, Artificial Intelligence, Beverage Manufacturers, Corporate Transparency Act, Estate Planning

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Preliminary Antidumping Duties Go In Effect on Imports of Products Containing Aluminum Extrusions From Multiple Countries

As a follow up to our March 1 alert on Imported Products Containing an Aluminum Extrusion Part or Any Extruded Aluminum, the US Department of Commerce (DOC) has announced the preliminary antidumping dumping duties affecting…more

Aluminum Sales, Anti-Dumping Duty, Exporters, Imports, International Trade Commission (ITC)

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As US-China Rivalry Intensifies, Congress Pushes to Further Decouple – Outbound Screening and the NCCDA

Longstanding concerns on Capitol Hill about certain “outbound” activities conducted by U.S. companies and investors, particularly in the technology sector, both in China as well as outside of China with a China nexus, have given…more

CFIUS, China, Defense Production Act, Federal Funding, Jurisdiction

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How ESG is Taking Women’s Soccer to the Next Level

The 2023 FIFA Women’s World Cup in Australia and New Zealand turned out to be one of the most exciting yet, despite the unexpectedly early exit by the US Women’s National Team (USWNT). It is apparent that other national…more

Environmental Social & Governance (ESG), Equal Pay, Fédération Internationale de Football Association (FIFA), Governance Standards, Sexual Harassment

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What Private Companies Need To Consider in 2024: Top 10 Legal Issues

Private companies and their owners face ever-evolving challenges as the market sees new regulations, new deal trends, and new risks in 2024. Below are 10 issues that the owners and leaders of privately held companies should…more

Acquisitions, Artificial Intelligence, Beneficial Owner, Class Action, Corporate Transparency Act

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SBA Guidance for Expanded Paycheck Protection Program

The new guidance includes helpful information about additional ‘eligible costs’ for which PPP funds may be used. On January 6, 2021, the Small Business Administration (SBA) released additional guidance for the Paycheck…more

Consolidated Appropriations Act (CAA), Foreign Subsidiaries, Gaming, Hospitals, NAICS

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Top 10 Legal Issues in the Cannabis Industry in 2024

In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And if…more

Artificial Intelligence, Cannabis Products, Cannabis-Related Businesses (CRBs), Capital Raising, DEA

See all updates »

French Fashion and Retail Goods Face 25% Duties Starting January 2021

Certain products from France, including leather handbags, and certain beauty preparations and soaps, will soon become pricier. Following a disagreement over how to tax US tech companies in France, the US Trade Representative…more

Duties, Fashion Industry, Goods or Services, Taxation, Trade Representatives

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Just the Facts: 6 Takeaways from BIS’s Semiconductor FAQs

On October 28, 2022, the US Department of Commerce, Bureau of Industry (BIS) issued FAQs on the new semiconductor regulations. The FAQs are short and relatively clear (thank you!) even if they were released on a Friday…more

Bureau of Industry and Security (BIS), China, ECCNs, Export Administration Regulations (EAR), Export Controls

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2023 Trade Secrets End of Year Report

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade…more

Competition, Confidential Information, Contract Terms, Cybersecurity, Damages

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Governor Baker Announces His Four-Part Plan to Reopen Massachusetts

On March 23, 2020, Governor Baker issued an executive order closing the “brick and mortar” operations of all non-essential businesses. Nearly two months later, on May 18, he announced his four-part plan to “reopen” the…more

Construction Industry, Coronavirus/COVID-19, Executive Orders, Governor Baker, Manufacturers

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From Farm to Runway – The Rise of Regenerative Farming in Fashion

Environmentally responsible fashion has become a key marketing signal for many global brands, with advertising claims such as “sustainable,” “responsibly sourced,” “organic,” and “recycled” cropping up throughout the fashion…more

Advertising, Carbon Capture and Sequestration, Fashion Industry, Greenwashing, Supply Chain

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Staying on Course: Navigating Election Year Issues for Exempt Organizations

With the 2024 election cycle underway, it is important for exempt organizations to understand and comply with relevant restrictions on political campaign activities to safeguard their tax-exempt status and avoid triggering…more

501(c)(3), 501(c)(4), 501(c)(6), Excise Tax, Exempt Organizations

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Compared to 2008, Will the Fed’s Relief Efforts Be Enough to Avert Another Mortgage Crisis?

The Federal Reserve continues to roll out multiple measures to strengthen the economy during the COVID-19 pandemic. Many of these measures are intended to buffer the housing market, which is affected by broader macroeconomic…more

Commercial Real Estate Market, Coronavirus/COVID-19, Federal Reserve, Interest Rates, Lending

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Key Takeaways from OCR’s CY22 HIPAA Reports to Congress

On February 14, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued its annual reports to Congress detailing its actions to enforce the privacy, security, and breach notification…more

Breach Notification Rule, Covered Entities, Cyber Attacks, Cybersecurity, Data Security

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Department of Justice Directed to Consider Risks of COVID-19 for Each Criminal Defendant When Arguing Bail

On April 3, 2020, and April 6, 2020, United States Attorney General William Barr issued two related memos directing the DOJ to consider, in light of the COVID-19 pandemic, the DOJ’s obligations to protect both the federal inmate…more

Attorney General, Bail, Coronavirus/COVID-19, Department of Justice (DOJ), Detainees

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CBP Releases Uyghur Forced Labor Prevention Act (UFLPA) Operational Guidance

US Customs and Border Protection (CBP) UFLPA Operational Guidance for Importers (CBP Guidance) was published on June 13, 2022 to assist importers in preparing for the UFLPA rebuttable presumption that goes into effect on June…more

Asset Tracing, Customs and Border Protection, Department of Homeland Security (DHS), Documentation, Forced Labor

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Ownership Data on More Than 11,000 Medicare-Certified Home Health Agencies and 6,000 Medicare-Certified Hospice Agencies Now Publicly Available

Publicizing home health agency and hospice agency ownership information furthers President Biden’s goal to promote competition and make data more transparent for consumers, as noted in his July 2021 Executive Order. A link to…more

Business Ownership, Centers for Medicare & Medicaid Services (CMS), Home Health Agencies, Hospice, Medicare

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Insider Trading Based on Clinical Trial Information Remains Area of Vulnerability

For decades, the Securities and Exchange Commission (SEC) and criminal prosecutors have pursued claims for insider trading in securities by persons who learn material nonpublic information about clinical drug trials. Every year…more

Clinical Trials, Food and Drug Administration (FDA), Insider Trading, Securities and Exchange Commission (SEC), Vulnerability Assessments

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Is the Robinson-Patman Act Returning? Or Was It Never Really Gone?

The Federal Trade Commission (FTC) has heralded its increased antitrust scrutiny of price discrimination under the Robinson-Patman Act (RPA), though little has come of it to date. Yet, our review of trends in private enforcement…more

Antitrust Litigation, Competition, Department of Justice (DOJ), Enforcement Actions, Federal Trade Commission (FTC)

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Second Circuit Holds Evidence of Equal Work for Unequal Pay Not Required for Title VII Compensation Claims

The Second Circuit has held that employees who allege they were underpaid on the basis of their sex, in violation of Title VII of the Civil Rights Act, are not required to first establish an Equal Pay Act claim but rather need…more

Adverse Employment Action, Appeals, Civil Rights Act, Disparate Treatment, Employer Liability Issues

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Money (That’s What I Want): IRA’s Direct Pay Mechanism Benefits Tax-Exempt Entities

The Inflation Reduction Act (IRA), which recently celebrated its one-year anniversary, presents new opportunities for tax-exempt and other organizations to directly benefit from renewable energy tax credits, including investment…more

Income Taxes, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits, IRS

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Shoe on the Other Foot? Fractured Supreme Court Blesses “Registration Jurisdiction” Statutes (Part Two)

At the conclusion of its recent Term, the US Supreme Court finally released its long-anticipated opinion in Mallory v. Norfolk Southern Railroad, No. 21-1168. In our Part One alert from September 2022, we reported on the…more

Complex Litigation, Foreign Corporations, Mallory v Norfolk Southern Railway Co, Out-of-State Companies, Personal Jurisdiction

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Suspended PGA Tour Members File Suit Against PGA Tour

On August 3, 2022, eleven suspended PGA Tour members filed a complaint in the United States District Court for the Northern District of California (the “Court”) against PGA Tour, Inc. (the “Tour”), alleging violation of federal…more

Antitrust Investigations, Antitrust Litigation, Antitrust Violations, Cartwright Act, Competition

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The FTC’s Rule Banning Noncompetes: September 4 Effective Date and FTC-Sponsored Compliance Webinar

On April 30, the Federal Register announced that the Federal Trade Commission’s (FTC) Non-Compete Clause Rule is scheduled to be published on May 7. The Rule becomes effective 120 days after publication, resulting in an…more

Compliance, Federal Trade Commission (FTC), Non-Compete Agreements

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Progress Towards PBM Reform: Insights, Political Considerations, and Outlook for 2024-2025

As we predicted at the end of the 117th Congress, 2023 was a year of progress for advocates of Pharmacy Benefit Manager (PBM) reform. Abusive practices by PBMs received sustained, bipartisan focus in Congress throughout the…more

Healthcare, Healthcare Reform, Pharmacy Benefit Manager (PBM), Retirement, Transparency

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Federal Reserve Expands Scope and Eligibility of Main Street Lending Program

Updated Benefits for Senior Living Facility Owners and Operators - Effective October 30, 2020, the Federal Reserve updated its Term Sheets and Frequently Asked Questions (the “Updated FAQs”) describing the Main Street…more

Assisted Living Facilities (ALFs), Federal Reserve, Loan Forgiveness, Main Street Expanded Loan Facility, Main Street Lending Programs

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NYC’s Rent Stabilization Laws Upheld by Supreme Court in Light of Affordable Housing Challenges Nationwide

On February 20, the US Supreme Court declined to hear challenges brought by rental unit owners to recent changes made to New York City’s Rent Stabilization Laws. Since these changes went into effect in 2019, news outlets have…more

Affordable Housing, City of New York, Landlords, Lenders, Rent

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Massachusetts Supreme Court Permits Climate Related Action by Massachusetts State AG to Move Forward

Massachusetts highest court upheld a state trial court’s decision which allowed a closely watched climate-disclosure related challenge filed by Massachusetts Attorney General Maura Healey against ExxonMobil (Exxon) to proceed…more

Anti-SLAPP, Climate Change, Corporate Counsel, Disclosure Requirements, Enforcement Actions

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Top Legal Challenges for the Automotive Industry in 2024

With 2024 underway, we highlight some of the most pressing legal issues facing the automotive industry this year, including a surprise Federal Trade Commission (FTC) rule, changes to manufacturer direct-to-consumer sales, and…more

Automotive Industry, Car Dealerships, Direct to Consumer Sales, Driverless Cars, Electric Vehicles

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Most Significant Hart-Scott-Rodino (HSR) Changes in Decades Signal Rise in Antitrust Enforcement, and Need for Enhanced M&A Precautions

The Federal Trade Commission (FTC) recently announced revised jurisdictional and filing fee thresholds for the Hart-Scott-Rodino (HSR) Act. These include annual revisions to filing thresholds and a new six-tier filing fee…more

Acquisitions, Antitrust Provisions, Civil Monetary Penalty, Enforcement, Federal Trade Commission (FTC)

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California Court Affirms FEHA Does Not Bar Health Care Employer’s Termination for Failure to Comply with Mandatory Vaccine Policy

California health care employers that apply mandatory vaccination policies objectively can take great comfort in a recent California Court of Appeal decision. In Hodges v. Cedars-Sinai Medical Center, the court found…more

Appeals, California, Employer Mandates, Failure to Comply, FEHA

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DOL Issues Guidance on Workplace AI

The US Department of Labor (DOL) issued guidance this week on the impact of workplace artificial intelligence (AI) on federal labor and employment standards enforced by the Wage and Hour Division. The guidance, delivered as a…more

Artificial Intelligence, Department of Labor (DOL), Employee Polygraph Protection Act (EPPA), Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA)

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NAFTA Chapter 11 (Investments): Time to bring “Legacy Investment” Claims Running Out Soon

The entitlement to bring claims for breaches of the investment standards and protections contained in Section A of Chapter 11 of the North American Free Trade Agreement will soon end. NAFTA countries agreed to withdraw their…more

Arbitration, CETA, Chapter 11, Corporate Counsel, CPTPP

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Key Takeaways from OCR’s CY22 HIPAA Reports to Congress

On February 14, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued its annual reports to Congress detailing its actions to enforce the privacy, security, and breach notification…more

Breach Notification Rule, Covered Entities, Cyber Attacks, Cybersecurity, Data Security

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United States Patent and Trademark Deadlines Extended for Those Affected by COVID-19

The United States Patent and Trademark Office recently announced that it will provide a 30-day extension for many patent and trademark filing and fee deadlines to those personally affected by COVID-19. This pandemic hit…more

Coronavirus/COVID-19, Patents, Relief Measures, Time Extensions, USPTO

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Retirement Plans: To Vest or Not To Vest

Plan sponsors should review their plan documents to determine whether the Act’s relief can be applied to their retirement plans. For many companies, 2020 was a difficult financial year. As a result, many companies had no…more

Audits, Benefit Plan Sponsors, Internal Revenue Code (IRC), IRS, Retirement Plan

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What Private Companies Need To Consider in 2024: Top 10 Legal Issues

Private companies and their owners face ever-evolving challenges as the market sees new regulations, new deal trends, and new risks in 2024. Below are 10 issues that the owners and leaders of privately held companies should…more

Acquisitions, Artificial Intelligence, Beneficial Owner, Class Action, Corporate Transparency Act

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50-State Status Update: Essential Businesses and Permitted Activities Amid Stay At Home Orders (Updated June 8, 2020)

Many states and localities have issued stay-at-home orders, and have closed on-site business operations to all but essential businesses and their employees. To enable employers to navigate those restrictions, we provide below a…more

Business Closures, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Executive Orders

See all updates »

Ground Lease Risks in Municipal Bond Projects

Ground lease structures have become a common feature of conduit financings in the municipal bond market. They provide tax advantages to projects and can be structured several different ways depending on the tax-exempt status of…more

Contract Terms, Government Entities, Ground Leases, Jurisdiction, Municipal Bonds

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Anti-Money Laundering Act Priorities Released: Takeaways for Companies

Former Senator and Arent Fox Counsel Doug Jones and former National Security Adviser and Arent Fox Counsel Cissy Jackson discuss the Anti-Money Laundering Act and what businesses should keep in mind moving forward. Highlights of…more

Anti-Money Laundering, Financial Crimes, FinCEN, Money Laundering

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Navigating Proxy Season in Light of COVID-19

On March 13, 2020, the Division of Corporate Finance of the Securities and Exchange Commission published guidance (Staff Guidance for Conducting Annual Meetings in Light of COVID-19 Concerns) to assist issuers of securities in…more

Annual Meeting, Coronavirus/COVID-19, Corporate Governance, Proxy Season, Publicly-Traded Companies

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Do No Harm: SCOTUS Makes it Easier for Employees to Succeed on Discrimination Claims Based on Internal Job Transfers

When transferring an employee or making changes to their job duties, employers now face an increased risk of claims under Title VII. On April 17, the US Supreme Court unanimously held that plaintiffs alleging discrimination in…more

Adverse Employment Action, Anti-Discrimination Policies, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employee Transfers

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EPA Finalizes Rule Designating Two PFAS as Hazardous Substances Under CERCLA and Issues PFAS Enforcement Policy

Earlier this week, the US Environmental Protection Agency (EPA) finalized a new rule designating two per- and polyfluorinated substances (PFAS), perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous…more

CERCLA, Contamination, Environmental Policies, Environmental Protection Agency (EPA), Final Rules

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Merry and Bright: Health Canada Recalls Artificial Christmas Trees for Potential Burn or Fire Hazard

For folks who can’t wait for Christmas, when to put up their tree can be a dilemma. Should they wait until after Thanksgiving? December 1? Or throw all caution to the wind and put up their decorations as soon as the last…more

Consumer Product Safety Act (CPSA), Consumer Product Safety Commission (CPSC), Health Canada, Product Recalls

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Investment Advisers To Be Subject to Strengthened AML Regulations Under FinCEN’s Proposed Rule

On February 13, the US Department of the Treasury’s (USDT) Financial Crimes Enforcement Network (FinCEN) issued a notice of proposed rulemaking (NPRM) which, if adopted, would sweep Security and Exchange Commission-Registered…more

AML/CFT, Audits, Bank Secrecy Act, Compliance, Employee Training

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US Blocks More Russian Elites, Imposes Import Restrictions on Energy & More, Adds Export Controls on Luxury Goods

Watch Out, More Things Are Luxury Than You Think! On March 11, 2022, the President issued Executive Order 14068 (EO 14068) Prohibiting Certain Imports, Exports, and New Investment with Respect to Continued Russian Federation…more

Belarus, Economic Sanctions, Energy Sector, EU, Executive Orders

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50-State Status Update: Essential Businesses and Permitted Activities Amid Stay At Home Orders (Updated June 8, 2020)

Many states and localities have issued stay-at-home orders, and have closed on-site business operations to all but essential businesses and their employees. To enable employers to navigate those restrictions, we provide below a…more

Business Closures, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Executive Orders

See all updates »

The Effects of COVID-19 on Construction Project Completion and Mechanic Lien Filing Deadlines

Over the past month, states and municipalities have been issuing stay-at-home orders to slow the spread of COVID-19. Depending upon the locality, certain types of construction projects have been deemed “essential” and permitted…more

Breach of Contract, Construction Contracts, Construction Industry, Construction Project, Contract Terms

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Major Retailer Locks Horns with Texas Over “Discriminatory” Liquor Laws

In a lawsuit filed on June 29, 2021, in Texas state court, a major national retailer alleges that a Texas law restricting its retail locations from selling liquor to consumers violates the Texas Constitution. The retailer is…more

Enforcement, Equal Protection, Liquor, Retailers, SCOTUS

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SEC Approves Climate-Related Disclosure Requirements

On March 6, the US Securities and Exchange Commission (SEC) approved new rules requiring public companies to disclose extensive climate-related information in their registration statements and periodic reports. The SEC has…more

Annual Reports, Canada, Capital Markets, Climate Change, Compliance

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Avoiding Collateral Damage: Taking the (Re)Pledge [Part III]

This constitutes the third in a four-part series that discusses the practice of repledging (sometimes referred to as “rehypothecation”), how standard agreements allow for repledging, the treatment of repledging under current…more

Article 8, Bankruptcy Court, Borrowers, Collateral, Damages

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Class Action Year in Review: Biometric Privacy

2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Data Privacy

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Five, Six, Seven, Eight, Nine, Ten . . . Will We Love 2024? Top 10 Tax Issues for the Year

The 2024 election year promises to make taxes front-of-mind for many business and individual taxpayers. Beyond the election, there are other note-worthy developments, along with several highly anticipated tax law cases that may…more

Child Tax Credit, Employee Retention, Enforcement Actions, Green Energy, Inflation Reduction Act (IRA)

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In the Third Circuit, an Intercreditor Agreement Means What it Says

The Plain Meaning Language of an Intercreditor Agreement Determines Whether it Governs Plan Distributions or Adequate Protection Payments - In a recent non-precedential opinion, the United States Court of Appeals for the…more

Appeals, Bankruptcy Code, Bankruptcy Court, Bankruptcy Plans, Commercial Bankruptcy

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As the (Customs and Trade) World Turns - April 2024

Welcome to the April 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and…more

Anti-Dumping Duty, Child Labor, Clinical Trials, Countervailing Duties, Customs

See all updates »

Staying on Course: Navigating Election Year Issues for Exempt Organizations

With the 2024 election cycle underway, it is important for exempt organizations to understand and comply with relevant restrictions on political campaign activities to safeguard their tax-exempt status and avoid triggering…more

501(c)(3), 501(c)(4), 501(c)(6), Excise Tax, Exempt Organizations

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Auto Sales Remain Subject to State and Local Orders Despite Designation as Essential by CISA

On April 17, 2020, the US Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) issued revised Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National…more

Automotive Industry, Coronavirus/COVID-19, Homeland Security Cybersecurity & Infrastructure Security Agency (CISA), New Guidance, Operators of Essential Services

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No More Surprise Medical Bills: Biden Administration Finalizes Rule Resetting Administrative Fees for No Surprises Act Arbitrations, Effective January 22, 2024

On December 18, 2023, the US Departments of Treasury, Labor, and Health and Human Services (the Departments) issued a rule finalizing the 2024 non-refundable administrative fee parties must pay to access the arbitration process…more

Administrative Procedure Act, Arbitration, Biden Administration, Department of Health and Human Services (HHS), Department of Labor (DOL)

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Leasing to Cannabis Retailers in New York City

Finding a suitable location for a cannabis retail store is not easy, especially in New York City, where quality retail locations are scarce and expensive, and regulations are more robust than most other municipalities. However,…more

Cannabis-Related Businesses (CRBs), City of New York, Commercial Leases, Landlords, Licensing Rules

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Making Waves: Navigating the Tide of Artistic Freedom and Trademark Protections in the Vans v. MSCHF Case

On December 5, 2023, the Second Circuit Court of Appeals issued a precedent-setting decision in favor of the prominent skateboarding footwear and apparel brand, Vans. The decision centered on the satirical art collective…more

Intellectual Property Protection, International Trademark Protection, Sports Apparel, Trademark Infringement, Trademarks

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FTC Action Pushes AZ and NM Auto Dealer Group Out of Business

In a first for the FTC, the Tate Automotive Group, with dealerships in AZ and NM, is being forced to cease business operations as part of a settlement of allegations related to falsification of consumer income. A link to that…more

Arizona, Automotive Industry, Falsified Documents, Federal Trade Commission (FTC)

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Coordinated Agency Activities: FTC, DOJ, and HSS Launch Cross-Government Inquiry on Effect of Transactions in Health Care

On March 5, the Federal Trade Commission (FTC), the US Department of Justice (DOJ) Antitrust Division, and the US Department of Health and Human Services (HHS) launched a cross-government inquiry into the role private equity…more

Asset Management, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

See all updates »

New York Creates New York City Public Housing Preservation Trust

On June 16, 2022, New York Governor Hochul signed New York City Housing Authority (NYCHA) Public Housing Preservation Trust Act A7805D/S9409A into law (Trust Act). The Trust Act creates the New York City Housing Authority Public…more

Affordable Housing, HUD, New York

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ArentFox Schiff Issues the First Global Definitive Legal Guide for Industries Navigating AI

Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and…more

Advertising, Artificial Intelligence, Automotive Industry, Biometric Information, Clean Energy

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Attorney-Client Privilege Issues: Illinois Corporations and Other Jurisdictions

This post explains the rules that apply to Illinois corporations and business entities organized in other jurisdictions. In most jurisdictions, shareholders and LLC members generally do not have the right to obtain…more

Attorney-Client Privilege, Fiduciary Exception, Garner, Illinois, Jurisdiction

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Good Faith Defense Defeats Penalties on California Break Issues

Last year, in Naranjo v. Spectrum Security Services, Inc., 13 Cal.5th 93 (2022), the California Supreme Court held that an employer’s failure to timely pay premium pay for meal and rest break violations could subject the…more

Appeals, CA Supreme Court, Good Faith, Labor Code, Penalties

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NYS Insurance Regulators to Health Insurers: Ensure Your Networks Are Adequate

On February 21, Superintendent Adrienne A. Harris of the New York State Department of Financial Services (DFS) unveiled a proposed regulation, 11 NYCRR 38. If adopted, this regulation, would establish network adequacy…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Labor (DOL), Health Care Providers, Health Insurance

See all updates »

Investment Advisers To Be Subject to Strengthened AML Regulations Under FinCEN’s Proposed Rule

On February 13, the US Department of the Treasury’s (USDT) Financial Crimes Enforcement Network (FinCEN) issued a notice of proposed rulemaking (NPRM) which, if adopted, would sweep Security and Exchange Commission-Registered…more

AML/CFT, Audits, Bank Secrecy Act, Compliance, Employee Training

See all updates »

⚠️Warning! California Proposes Amendments Restricting Use of Proposition 65 Short-Form Warnings

On January 8, 2021, the agency governing Proposition 65, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend the content and conditions for use associated with the widely-used short-form…more

California, Manufacturers, OEHHA, Proposed Amendments, Proposition 65

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Trump Administration Cracks Down on Counterfeit and Other Goods Imported Contrary to Law - US Government Announces First Step in Plan to Crack Down on Counterfeit Goods Online

Last week, the Trump Administration announced a plan to crack down on the sales of contraband and counterfeit goods online. The steps will affect a number of parties in the supply chain from importers and sellers to customs…more

Best Practices, Corporate Counsel, Counterfeit Goods Regulation, Counterfeiting, Customs and Border Protection

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Design Patent Obviousness in the Automotive Industry - LKQ Corp. v. GM Global Technology Operations LLC and the Rosen-Durling Test

LKQ Corp. v. GM Global Technology Operations LLC has brought attention to the ongoing debate surrounding design patent law, particularly with respect to the Rosen-Durling test for design patent obviousness. The outcome of this…more

Automotive Industry, Design Patent, Intellectual Property Protection, Obviousness, Patent Litigation

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Top 10 Legal Issues in the Cannabis Industry in 2024

In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And if…more

Artificial Intelligence, Cannabis Products, Cannabis-Related Businesses (CRBs), Capital Raising, DEA

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You Got No Mail: Foreign Representatives Will Not Get Communications from CIPO on WIPO Applications

After its recent adoption of the Madrid Protocol, Canada’s Intellectual Property Office will send communications about applications filed under the Madrid Protocol to the applicant or an appointed Canadian trademark agent, not…more

Canada, Canadian Intellectual Property Office (CIPO), Foreign Trademark, Madrid Protocol, Trademark Application

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New Mechanic's Lien Opinion Shows Need for Additional Care When Drafting Construction Contracts 

Those in the DC metro area construction industry should take heed of a recent District of Columbia Court of Appeals opinion that sheds additional light on the District’s mechanic’s lien statute – King Carpentry Inc. v. 1345 K…more

Appeals, Breach of Contract, Construction Contracts, Forum Selection, Mechanics Lien

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Significant New Private Fund Rules Adopted by SEC

On August 23, 2023, in its efforts to promote transparency for investors by increasing visibility into compensation schemes, sales practices, and conflicts of interest, the US Securities and Exchange Commission (SEC) adopted…more

Administrative Procedure Act, Attorney's Fees, Audits, Clawbacks, Compensation

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Class Actions Quarterly Update: How Have Plaintiffs’ Class Actions Suing For Coverage for Business Interruptions From Covid-19 Fared Thus Far?

Our initial alert highlighted various hospitality and service industry businesses suing their insurers to recover for losses arising out of closure and stay-at-home (Civil Authority) orders. Since then, thousands more individual…more

Business Interruption, Class Action, Coronavirus/COVID-19, Corporate Counsel, Hospitality Industry

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Physician Wellness Programs: A New Stark Law Exception and AKS Safe Harbor to Combat Burnout

The recently passed Consolidated Appropriations Act (CAA) of 2023 includes a new Stark Law exception and Anti-Kickback Statute (AKS) safe harbor, allowing hospitals and other health care entities to offer their physicians…more

Anti-Kickback Statute, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Healthcare

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Life Sciences in the Metaverse: A New Forum

The life sciences and pharmaceutical industry is investigating potential applications in the Metaverse to reduce costs, increase efficiency, and develop novel functionalities. The Metaverse is becoming a new forum for scientists…more

Augmented Reality, Confidential Information, Employee Training, Intellectual Property Protection, Life Sciences

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Federal Law to the Rescue?

Snidely Whiplash kidnaps Nell and, in the show’s opening, ties her to the railroad tracks to get even with his nemesis, Dudley Do-Right, of the famed Royal Canadian Mounted Police. Menacing music plays. In each episode,…more

Alternative Reference Rates Committee (ARRC), CFTC, Comptroller, Consumer Financial Protection Bureau (CFPB), FDIC

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Senate Passes $484 Billion COVID-19 Relief Package

Earlier today, the U.S. Senate passed the Paycheck Protection Program and Health Care Enhancement Act. This bipartisan bill supported by House and Senate leadership and the President will replenish depleted funding by providing…more

Coronavirus/COVID-19, Economic Injury Disaster Loans, Financial Stimulus, Paycheck Protection Program and Health Care Enhancement Act, Public Health Emergency

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Top 10 Legal Issues in the Cannabis Industry in 2024

In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And if…more

Artificial Intelligence, Cannabis Products, Cannabis-Related Businesses (CRBs), Capital Raising, DEA

See all updates »

Hospitality Trends: 10 Legal Challenges for Companies in 2023

With the start of the new year, the ArentFox Schiff Hospitality Industry team reviews 10 of the most pressing legal issues for hospitality companies in 2023. 1. Potential Down Market Pressures. Interest rate increases are…more

Artificial Intelligence, Brand, Compliance, Coronavirus/COVID-19, Data Privacy

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PFAS Phaseout Bill Introduced in Congress as State and EPA Regulations Develop

Amid a rise in state laws and regulations governing per- and polyfluoroalkyl substances (PFAS), two congressional Democrats introduced the Forever Chemical Regulation and Accountability Act (FCRAA) in their respective chambers…more

Environmental Policies, Environmental Protection Agency (EPA), Final Rules, Hazardous Substances, PFAS

See all updates »

NYS Insurance Regulators to Health Insurers: Ensure Your Networks Are Adequate

On February 21, Superintendent Adrienne A. Harris of the New York State Department of Financial Services (DFS) unveiled a proposed regulation, 11 NYCRR 38. If adopted, this regulation, would establish network adequacy…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Labor (DOL), Health Care Providers, Health Insurance

See all updates »

Court Provides Tax Relief For Those With a Second Home in New York

For years taxpayers who commuted to New York for work while owning a rarely used New York vacation home or pied-a-terre have been surprised to find themselves taxed as New York State and/or City residents. This often meant the…more

Appeals, Income Taxes, New York, Second Homes, Tax Relief

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Proposed HIPAA Regulations Would Improve Individual Patient Care and Expand Patient Rights

Nearly two years after soliciting public suggestions to modify HIPAA rules to improve the coordination of care, the Department of Health and Human Services (DHHS) issued a Proposed Rule which changes parts of the Privacy Rule to…more

Case Management, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI), Good Faith, Health Insurance Portability and Accountability Act (HIPAA)

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Class Action Year in Review: Biometric Privacy

2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Data Privacy

See all updates »

As the (Customs and Trade) World Turns - April 2024

Welcome to the April 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and…more

Anti-Dumping Duty, Child Labor, Clinical Trials, Countervailing Duties, Customs

See all updates »

As the (Customs and Trade) World Turns - April 2024

Welcome to the April 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and…more

Anti-Dumping Duty, Child Labor, Clinical Trials, Countervailing Duties, Customs

See all updates »

A Nice Sentiment, A Bad Trademark

In a precedential opinion issued by the Trademark Trial & Appeal Board in In re Texas With Love, LLC (Serial No. 87793802) (Oct. 29, 2020), the applicant, Texas with Love, LLC, sought registration for the mark TEXAS LOVE for…more

Corporate Counsel, Trademark Trial and Appeal Board, Trademarks, USPTO

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Trouble in Paradise: Copyright Office Rejects AI-“Authored” Work for Copyright Registration

The Review Board of the US Copyright Office (the “Board”) recently ruled, in its first decision of the year, that a two-dimensional artwork entitled “A Recent Entrance to Paradise” (the “Work”) could not be registered for…more

Art, Artificial Intelligence, Authorship, Copyright, Copyright Office

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EPA Tightens Grip on Fossil Fuel Power Plants: New Regulations Target Discharges, Emissions, and Disposal Issues

The US Environmental Protection Agency (EPA) finalized a suite of final rules aimed at reducing contamination, emissions, and discharges from coal- and gas-fired power plants on April 25. This suite of rules includes two…more

Carbon Capture and Sequestration, Clean Air Act, Coal-Fired Plants, Environmental Policies, Environmental Protection Agency (EPA)

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Charging Ahead: A Primer on EV Charging for the Hospitality Industry

Location, price, brand, and customer reviews are typically the key considerations when someone is choosing a hotel. However, recent data from Hilton reveals one amenity increasingly holds sway for consumers — electric vehicle…more

Charging Stations, Electric Vehicles, Energy Tax Incentives, Funding, Hospitality Industry

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Free Speech & Governance Policies: On (and Off) Campus

Good nonprofit governance is challenging. It involves crafting and implementing smart policies that can be clearly communicated and anticipate future problems. This is easier said than done, especially with unpaid boards and, at…more

Code of Conduct, Colleges, Excise Tax, Faculty, Federal Student Aid

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2024 Examination Priorities for Investment Advisers from SEC Division of Examinations

The US Securities and Exchange Commission (SEC) Division of Examinations recently released its 2024 Examinations Priorities, a yearly report that provides insight into the Division’s areas of focus to improve compliance, prevent…more

Business Valuations, Compliance, Conflicts of Interest, Cryptoassets, Disclosure Requirements

See all updates »

Eight Issues That Will Impact the Hospitality Industry in 2024

After seemingly bouncing back from the challenges posed by the COVID-19 pandemic and related labor, supply chain, and governmental mandate issues, the hospitality industry experienced a year of volatility in 2023, with…more

Artificial Intelligence, Corporate Transparency Act, Debt, Employee Definition, Employee Retention

See all updates »

AI in 2024: What Every GC Needs to Know

As we enter into this second full year of the artificial intelligence (AI) revolution, a clear understanding of the technology and its legal implications becomes crucial for every General Counsel (GC). From understanding the…more

Artificial Intelligence, Copyright Office, Corporate Transparency Act, Fair Labor Standards Act (FLSA), Fair Use

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Employers Face New Los Angeles Supplemental Paid Sick Leave Ordinance

In addition to other leave issues during the current COVID-19 pandemic, some employers in Los Angeles now must comply with the city's new supplemental paid sick leave ordinance. The ordinance goes further than the federal…more

Coronavirus/COVID-19, Employee Benefits, Families First Coronavirus Response Act (FFCRA), Mayor Garcetti, Sick Pay

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California Employers Face Feb. 14 Deadline and Tighter Non-Compete Prohibitions

California has long had the most restrictive laws against employee non-compete agreements. Effective January 1, two new legislative bills, Senate Bill 699 and Assembly Bill 1076, tightened California’s restrictions even further…more

Appeals, CA Supreme Court, California, Deadlines, Declaratory Judgments

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EPA Announces New Policy Designed to Increase Coordination of Civil and Criminal Enforcement

Federal environmental enforcement can be civil, criminal, or both. The US Environmental Protection Agency (EPA) recently announced a policy intended to better coordinate its civil and criminal environmental enforcement. The…more

Compliance, Criminal Investigations, Environmental Protection Agency (EPA), OECA, Willful Misconduct

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Illinois Hopes New Law Will Fuel Next Generation of Nuclear Power Development

Nuclear power has long been a core component of the Illinois energy sector. A new law seeks to enable nuclear power to play an increased role in the energy transition by allowing construction of new “small modular reactors” in…more

Department of Homeland Security (DHS), Energy Sector, Environmental Protection Agency (EPA), Illinois, Nuclear Power

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Eight Issues That Will Impact the Hospitality Industry in 2024

After seemingly bouncing back from the challenges posed by the COVID-19 pandemic and related labor, supply chain, and governmental mandate issues, the hospitality industry experienced a year of volatility in 2023, with…more

Artificial Intelligence, Corporate Transparency Act, Debt, Employee Definition, Employee Retention

See all updates »

2023 Title Insurance Financial Survey/Overview

As a ready reference for real estate industry professionals utilizing title insurance, below is a comparison and limited analysis of certain aspects of the annual financial statements of a cross section of active title insurance…more

Real Estate Investments, Title Insurance, Warranties

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Corporate Transparency Act Is Unconstitutional, Says Federal Court

A federal court recently ruled that the Corporate Transparency Act (CTA) is unconstitutional. In a lengthy opinion issued on March 1, the US District Court for the Northern District of Alabama explained that the CTA may be a…more

Commerce Clause, Corporate Transparency Act, FinCEN, NSBA, U.S. Treasury

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10 Legal Issues for Nonprofit and Association Leadership in 2024

As 2024 gets underway, the nonprofit sector will continue to face new challenges in addition to grappling with ongoing challenges that continue to impact the sector. Our interdisciplinary team, serving thousands of nonprofits…more

501(c)(3), 501(c)(4), Artificial Intelligence, California Privacy Protection Agency (CPPA), Compliance

See all updates »

Eighth Circuit: A State Statute that Implicitly Regulates ERISA Plans Is Preempted by ERISA

Last month, in Pharmaceutical Care Management Association v. Tufte et al. No. 18-2926 (8th Cir. August 7, 2020), the United States Court of Appeals for the Eighth Circuit invalidated legislation in North Dakota on the grounds…more

Appeals, Employee Retirement Income Security Act (ERISA), Oral Argument, Petition for Writ of Certiorari, Pharmacies

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New USDA Rule Provides Much-Needed Clarity to US Hemp Industry — Particularly on THC Testing — But Questions Remain

On October 31, 2019, the US Department of Agriculture (USDA) published its eagerly anticipated interim final rule governing the domestic production of hemp, pursuant to the Agriculture Improvement Act of 2018 (commonly referred…more

Agricultural Sector, Cannabis Products, Comment Period, Controlled Substances Act, DEA

See all updates »

New York Pushes For New Cybersecurity Requirements For Financial Services Companies

The New York State Department of Financial Services (DFS) has set forth a revised proposed second amendment to 11 NYCRR Part 500, the regulation regarding cybersecurity requirements for financial services companies (the Second…more

Business Continuity Plans, Compliance, Cybersecurity, Financial Services Industry, Multi-Factor Authentication

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The NLRB Implements New Representation Election Rules

After facing several hurdles, effective June 1, 2020, the National Labor Relations Board (NLRB) has finally implemented a host of changes to its rules and regulations governing representation elections. The NLRB is the…more

AFL-CIO, Coronavirus/COVID-19, Corporate Counsel, New Rules, NLRB

See all updates »

The 10 Trends and Legal Challenges We Are Tracking Throughout 2024

With 2024 well underway, this article highlights some of the pressing legal issues impacting the long term care and senior housing industry this year, including trends affecting the industry and emerging issues industry…more

Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Compliance, Data Collection, Disclosure Requirements

See all updates »

Multifamily – A Real Financing Opportunity?

Prior to 2022, multifamily operators acquired properties throughout the United States at record low interest rates, creating a unique buying opportunity for owners and investors…more

Capital Improvements, Commercial Property Owners, Housing Market, Interest Rates, Investors

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Top 10 Legal Issues for 2024 For the Consumer Products Industry

On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old…more

Artificial Intelligence, Class Action, CLRA, Consumer Product Safety Commission (CPSC), Corporate Transparency Act

See all updates »

The End of LIBOR: Hotel California Edition (Part I)

Although July 3 was the first business day on which no USD LIBOR was published, many financial instruments will not reset until the next reset date, based upon the tenor of each instruments’ underlying benchmark, which could…more

Banking Sector, Borrowers, Debt Instruments, Financial Institutions, Financial Services Industry

See all updates »

Fed Once Again Expands Main Street Lending Program for Hotel Owners and Operators

Effective June 20, 2020, the Federal Reserve updated its Term Sheet and Frequently Asked Questions (the “Updated FAQs”) describing the Main Street Lending Program (the “Program”) to expand the number of businesses that may be…more

Borrowers, Hotels, Libor, Main Street Expanded Loan Facility, Main Street Lending Programs

See all updates »

IRS, Treasury Release Proposed Regulations on Donor-Advised Funds

The US Department of the Treasury (Treasury Department) and Internal Revenue Service (IRS) recently published proposed regulations under Section 4966 to provide additional guidance on several issues related to creating and…more

Charitable Donations, Charitable Organizations, Compensation, Donor-Advised Funds (DAFs), Excise Tax

See all updates »

2023 Trade Secrets End of Year Report

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade…more

Competition, Confidential Information, Contract Terms, Cybersecurity, Damages

See all updates »

SEC Approves Climate-Related Disclosure Requirements

On March 6, the US Securities and Exchange Commission (SEC) approved new rules requiring public companies to disclose extensive climate-related information in their registration statements and periodic reports. The SEC has…more

Annual Reports, Canada, Capital Markets, Climate Change, Compliance

See all updates »

FDA Study Finds Biosimilars Are Interchangeable

A major new research paper has concluded what many doctors had long believed was true – that patients can be switched between reference (or name brand) biologics and biosimilars with no issues involving the safety profiles or…more

Biologics, Biosimilars, BPCIA, Center for Drug Evaluation and Research (CDER), Food and Drug Administration (FDA)

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US Trade Rules Playing Larger Role for Manufacturers of Trucks and Truck Parts Tariffs and Geopolitics: Dual Challenges Confronting Executives

Trade tensions between Washington and US trading partners, notably China, have complicated many supply chain decisions — what to buy, from where, made by whom, and at what tariff cost. Recent statements from senior Biden…more

Automotive Industry, Biden Administration, China, Customs and Border Protection, Geopolitical Risks

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Corporate Transparency Act Is Unconstitutional, Says Federal Court

A federal court recently ruled that the Corporate Transparency Act (CTA) is unconstitutional. In a lengthy opinion issued on March 1, the US District Court for the Northern District of Alabama explained that the CTA may be a…more

Commerce Clause, Corporate Transparency Act, FinCEN, NSBA, U.S. Treasury

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Impacts of Chapter 11 Bankruptcy on Hotel Franchisees

Why Achieving Consensus is the Best Path to Preserving the Flag - Hotel owners, operators, and franchisors battling the impact of COVID-19 may need to consider whether chapter 11 of the Bankruptcy Code can deliver a solution…more

Bankruptcy Code, Chapter 11, Coronavirus/COVID-19, Default, Franchise Agreements

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Top 10 Legal Issues in the Cannabis Industry in 2024

In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And if…more

Artificial Intelligence, Cannabis Products, Cannabis-Related Businesses (CRBs), Capital Raising, DEA

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Real Estate in the Metaverse: A Few Risks to Know Before Investing

Although the emergence of virtual “real” estate in the metaverse presents a unique opportunity for the commercial real estate industry, there are risks associated with virtual real property…more

Blockchain, Cryptocurrency, Investment, Investors, Metaverse

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Disney Uses First Amendment ‘Right Not To Associate’ In Motion to Dismiss Mandalorian Lawsuit

The First Amendment permits employers engaged in artistic expression to disassociate from employees who make inflammatory statements, Disney argued in a recent motion to dismiss a lawsuit brought by Gina Carano, an actress in…more

Adverse Employment Action, California, Disney, First Amendment, Labor Law Violations

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Corporate Transparency Act – Dealer Compliance Alert

The Corporate Transparency Act will now require certain entities to register with FinCEN by 2025. There are new filing requirements under the Corporate Transparency Act mandating that LLCs and other entities (corporations or…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Registration

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ArentFox Schiff Issues the First Global Definitive Legal Guide for Industries Navigating AI

Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and…more

Advertising, Artificial Intelligence, Automotive Industry, Biometric Information, Clean Energy

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Estate Administration – The Not-So-Hidden Exception to Self-Dealing Prohibitions

Private foundations are a favored vehicle for many charitably inclined clients — particularly those who seek to take a hands-on approach to their charitable mission while establishing a lasting legacy for their families…more

Art Collections, Charitable Donations, Court Approval, Disqualified Persons, Donor-Advised Funds (DAFs)

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Shoe on the Other Foot? Fractured Supreme Court Blesses “Registration Jurisdiction” Statutes (Part Two)

At the conclusion of its recent Term, the US Supreme Court finally released its long-anticipated opinion in Mallory v. Norfolk Southern Railroad, No. 21-1168. In our Part One alert from September 2022, we reported on the…more

Complex Litigation, Foreign Corporations, Mallory v Norfolk Southern Railway Co, Out-of-State Companies, Personal Jurisdiction

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New Jersey Governor Orders Residents to Stay Home, Auto-Repair Allowed to Remain Open

On Saturday, March 21, Governor Murphy signed Executive Order No. 107, effective 9 PM that day. The order requires all New Jersey residents to stay at home unless they are (1) obtaining essential goods and services; (2)…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Shelter-In-Place

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Media & Entertainment: 10 Legal Challenges for Companies in 2023

With the start of the new year, the ArentFox Schiff Media & Entertainment Industry team reviews 10 of the most pressing legal issues for companies in 2023. 1. Sweeping Impact of Generative AI - The gale wind roaring into 2023…more

Artificial Intelligence, Copyright, DMCA, Enforcement, Facial Recognition Technology

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Huerta v. CSI Electrical Contractors: California Supreme Court Again Clarifies What Counts as Paid Work Time

In Huerta v. CSI Electrical Contractors, Case No. S275431 (Mar. 25, 2024), the California Supreme Court made several holdings relating to when non-exempt employees must be paid, including for time spent undergoing mandatory…more

CA Supreme Court, Compensation, Hours of Service, Labor Code, Non-Exempt Employees

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Money (That’s What I Want): IRA’s Direct Pay Mechanism Benefits Tax-Exempt Entities

The Inflation Reduction Act (IRA), which recently celebrated its one-year anniversary, presents new opportunities for tax-exempt and other organizations to directly benefit from renewable energy tax credits, including investment…more

Income Taxes, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits, IRS

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AF COVID-19 Podcast: PPP Loan Forgiveness - What Dealers Need to Know

You’ve secured a PPP Loan to help weather the pandemic. Now, the SBA and Treasury have released a Loan Forgiveness Application to help lighten your financial burden. In today’s podcast, Aaron Jacoby, Russ McRory, and Justin…more

Automotive Industry, CARES Act, Coronavirus/COVID-19, Loan Applications, Loan Forgiveness

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COVID-19 Relief and Government Funding Bill Brings Significant Changes to Trademark and Copyright Law

It may come as some surprise that embedded within the over 5,500-pages of the recent COVID-19 relief and government funding bill (the Consolidated Appropriations Act) are several (not-insubstantial) changes to copyright and…more

CASE Act, Consolidated Appropriations Act (CAA), Copyright, Coronavirus/COVID-19, Department of Justice (DOJ)

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Massachusetts Legislature Passes Remote Notarization Act

On April 23, 2020, the Massachusetts Legislature passed an act providing for remote notarization to address challenges related to the 2019 novel coronavirus (COVID-19). The act has been sent to Governor Baker for his review and…more

Coronavirus/COVID-19, Governor Baker, Remote Notarization, Remote Working, State and Local Government

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Free Speech & Governance Policies: On (and Off) Campus

Good nonprofit governance is challenging. It involves crafting and implementing smart policies that can be clearly communicated and anticipate future problems. This is easier said than done, especially with unpaid boards and, at…more

Code of Conduct, Colleges, Excise Tax, Faculty, Federal Student Aid

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Environmental Justice Update: EPA, Illinois EPA, and Chicago Settle Civil Rights Claims with Agreement to Prioritize EJ in Permitting

The Biden Administration’s embrace of a “whole of government” approach to address environmental justice (EJ) issues occasioned litigation across the country. One of the hottest series of disputes has been the tag-team rumble…more

Biden Administration, Civil Rights Act, Environmental Justice, Environmental Protection Agency (EPA), Environmental Violations

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Hey! That’s My Move! Ninth Circuit Remands Choreography Copyright Fortnite Case

In Hanagami v. Epic Games, the Ninth Circuit recently reversed the dismissal of a well-known celebrity choreographer’s claim that animated dances in Fortnite, a popular battle-royale style video game, infringed his copyright…more

Copyright, Copyright Infringement, Copyright Office

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IRS to Waive Excise Tax on Certain Required Minimum Distributions from Retirement Plans in 2021 and 2022

The Internal Revenue Service recently issued Notice 2022-53, which provides much needed transition relief in the form of an IRS waiver of the 50% excise tax that could otherwise be imposed upon certain beneficiaries of qualified…more

Excise Tax, Individual Retirement Account (IRA), Internal Revenue Code (IRC), IRS, Qualified Retirement Plans

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California Supreme Court to Review Newly Created Duty to Market a “Safer” Product Even in the Absence of a Defect

On May 1, the California Supreme Court granted Gilead Science Inc.’s request to review a California appellate court’s holding that the pharmaceutical manufacturer must defend against negligence claims stemming from its decision…more

CA Supreme Court, Duty of Care, Duty to Disclose, FDA Approval, Food and Drug Administration (FDA)

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What the District’s COVID-19 Response Legislation Means for the Real Estate Industry

On June 8, 2020, Mayor Bowser signed the Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (the Act), which the Council of the District of Columbia had unanimously approved on May 19, 2020. The Act is now…more

Commercial Tenants, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

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Dangers of Failing to Properly Disclose Dual Representation

It appears real estate brokers in the District will be able to breathe a sigh of relief after the US Court of Appeals for the DC Circuit vacated and remanded a district court’s finding that a brokerage firm failed to properly…more

Appeals, Brokers, Buyers, Disclosure, Landlords

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Shaping the Future of Higher Education: R2D2 or HAL 9000

For better or worse, generative artificial intelligence (GenAI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making…more

Applications, Artificial Intelligence, College Admissions, Copyright, Grants

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The FTC’s Rule Banning Noncompetes: September 4 Effective Date and FTC-Sponsored Compliance Webinar

On April 30, the Federal Register announced that the Federal Trade Commission’s (FTC) Non-Compete Clause Rule is scheduled to be published on May 7. The Rule becomes effective 120 days after publication, resulting in an…more

Compliance, Federal Trade Commission (FTC), Non-Compete Agreements

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Illinois to Update Renewable Energy Credit Procurement Rules

Renewable energy developers have one final opportunity to comment on changes to the rules that govern the procurement of renewable energy credits in Illinois. In recent years, many states have adopted policies to increase use of…more

Energy Projects, Energy Sector, Illinois, Procurement Guidelines, Production Tax Credit

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EPA Tightens Grip on Fossil Fuel Power Plants: New Regulations Target Discharges, Emissions, and Disposal Issues

The US Environmental Protection Agency (EPA) finalized a suite of final rules aimed at reducing contamination, emissions, and discharges from coal- and gas-fired power plants on April 25. This suite of rules includes two…more

Carbon Capture and Sequestration, Clean Air Act, Coal-Fired Plants, Environmental Policies, Environmental Protection Agency (EPA)

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Hospitality Trends: 10 Legal Challenges for Companies in 2023

With the start of the new year, the ArentFox Schiff Hospitality Industry team reviews 10 of the most pressing legal issues for hospitality companies in 2023. 1. Potential Down Market Pressures. Interest rate increases are…more

Artificial Intelligence, Brand, Compliance, Coronavirus/COVID-19, Data Privacy

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Supreme Court Holds That the FAA’s Transportation Exemption Applies to all Employees Involved in Interstate Transportation

Enacted in 1925, the Federal Arbitration Act (FAA) reflects the nation’s policy favoring arbitration agreements. Employers routinely rely on the FAA to compel aggrieved employees to press their disputes before an arbitrator,…more

Arbitration, Arbitration Agreements, Bissonnette v LePage Bakeries Park St LLC, Cross-Border, Delivery Drivers

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Trouble in Paradise: Copyright Office Rejects AI-“Authored” Work for Copyright Registration

The Review Board of the US Copyright Office (the “Board”) recently ruled, in its first decision of the year, that a two-dimensional artwork entitled “A Recent Entrance to Paradise” (the “Work”) could not be registered for…more

Art, Artificial Intelligence, Authorship, Copyright, Copyright Office

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New Government Forced Labor Actions Reemphasize Supply Chain Diligence for Government Contractors and Importers

Several recent US governmental regulatory actions intended to combat forced labor serve as a reminder to government contractors and importers of their need to conduct appropriate “know your supplier” due diligence to identify…more

Certifications, Code of Conduct, Customs and Border Protection, Department of Defense (DOD), Department of Homeland Security (DHS)

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Antitrust Enforcement in 2020 Offers Lessons for Associations in 2021

Recent antitrust activity is instructive for associations to identify and limit key areas of antitrust risk. Here are some highlights from 2020: Certification and Accreditation Programs Are Pro-Competitive Functions of Trade…more

Accreditation, Antitrust Provisions, Certifications, Coronavirus/COVID-19, Department of Justice (DOJ)

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Post-Dobbs Hospital Risk Assessment, Part 2: Impacts Beyond Abortion

In this installment of our post-Dobbs risk assessment series for hospitals and academic medical centers, we consider the ongoing impact of Dobbs v. Jackson Women’s Health Organization on delivery of clinical services beyond…more

Abortion, Contraceptives, Dobbs v. Jackson Women’s Health Organization, Fertility Treatments, Food and Drug Administration (FDA)

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Hospitals: Be Ready for the CMS Survey

Hospitals everywhere in the United States should take note: CMS announced on March 26, 2020, that it is lifting its extended 30-day survey suspension for hospitals. Survey activity will now resume. COVID-19’s impact on the…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Enforcement Actions, Hospitals, Medicare

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IRS, Treasury Release Final Regulations Impacting Type I and Type III Supporting Organizations

The Internal Revenue Service (IRS) and the US Department of the Treasury released final regulations on October 16 that address the changes enacted by the Pension Protection Act of 2006 (PPA). The regulations provide guidance…more

Contribution Limits, Distribution Rules, Gifts, IRS, New Regulations

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Fourth Circuit Rules that State Health Plans Must Cover Gender-Affirming Care

Last week, the US Court of Appeals for the Fourth Circuit issued a decision holding that state health care plans in North Carolina and West Virginia must cover gender-affirming surgeries. A copy of the decision, Kadel v…more

Affordable Care Act, Equal Protection, Gender Identity, Healthcare, Medicaid

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Key Considerations Before Trade Associations Cross Over Into the Metaverse

The Metaverse offers broad opportunities for trade associations to expand their reach and enhance member experiences like never before. These new and exciting possibilities, however, come with unique challenges. This alert gives…more

Blockchain, Coronavirus/COVID-19, Digital Assets, Licensing Rules, Metaverse

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Post-Dobbs Hospital Risk Assessment, Part 1: Evaluating the Impact on Delivery of Abortion Services

In the landmark case of Dobbs v. Jackson Women’s Health Organization, the US Supreme Court overturned its prior rulings in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, which had recognized a…more

Abortion, Dobbs v. Jackson Women’s Health Organization, EMTALA, Hospitals, Planned Parenthood of Southeastern Pennsylvania v Casey

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Class Action Year in Review: Post-Saxon Anyone Can Claim to Be a Transportation Worker

It is common practice for companies to utilize agreements requiring arbitration on an individual basis to avoid or limit the risk, burden, and expense of class and collective actions. However, an exemption in Section 1 of the…more

Arbitration, Class Action, Federal Arbitration Act, Foreign Commerce, Interstate Commerce

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DC Lawmakers Choose Shorter TOPA Tolling Period

On January 18, 2022, an amendment to Bill 24-612 (legislation that would extend the eviction moratorium in DC until June 30, 2022) (the "Amendment") was introduced to the DC Council that proposed tolling tenant deadlines under…more

Amended Legislation, Deadlines, Eviction, Landlords, Moratorium

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Fiduciary Obligations in a Re-Leveraging Transaction Heads to Court: Shipp v. Central States Manufacturing, Inc., Case 5:23-cv-05215-TLB

On November 28, three participants in Central States Manufacturing, Inc.’s employee stock ownership plan (ESOP) filed a complaint on their own behalf and on behalf of other ESOP participants against the company, its board of…more

Board of Directors, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), ESOP, Fiduciary

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Fed Announces Key Changes to Main Street Lending Program

Revised term sheets and FAQs issued by the Federal Reserve Board expand the program and provide additional guidance for borrowers affected by the COVID-19 crisis. A chart outlining the updated term sheets can be found in the…more

Borrowers, Lenders, Main Street Lending Programs

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Leasing to Cannabis Retailers in New York City

Finding a suitable location for a cannabis retail store is not easy, especially in New York City, where quality retail locations are scarce and expensive, and regulations are more robust than most other municipalities. However,…more

Cannabis-Related Businesses (CRBs), City of New York, Commercial Leases, Landlords, Licensing Rules

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What You Need to Know About the New Tariffs on Imports from Russia

On Friday, February 24, 2023, on the one-year anniversary of Russia’s further invasion into Ukraine, President Biden, the Office of the US Trade Representative (USTR) and the US Department of Commerce, Bureau of Industry and…more

Ad Velorem Tariffs, Biden Administration, Bureau of Industry and Security (BIS), Customs and Border Protection, Economic Sanctions

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New Antidumping and Countervailing Duty Petitions on Brass Rod from Brazil, India, Israel, Mexico, South Africa, and South Korea

On April 27, 2023, the American Brass Rod Fair Trade Coalition, Mueller Brass Co., and Wieland Chase LLC filed antidumping duty (AD) and countervailing duty (CVD) petitions on brass rod from Brazil, India, Israel, Mexico, South…more

Anti-Dumping Duty, Brazil, Countervailing Duties, Fair Trade Agreements (FTA), India

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Preliminary Antidumping Duties Go In Effect on Imports of Products Containing Aluminum Extrusions From Multiple Countries

As a follow up to our March 1 alert on Imported Products Containing an Aluminum Extrusion Part or Any Extruded Aluminum, the US Department of Commerce (DOC) has announced the preliminary antidumping dumping duties affecting…more

Aluminum Sales, Anti-Dumping Duty, Exporters, Imports, International Trade Commission (ITC)

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Making Waves: Navigating the Tide of Artistic Freedom and Trademark Protections in the Vans v. MSCHF Case

On December 5, 2023, the Second Circuit Court of Appeals issued a precedent-setting decision in favor of the prominent skateboarding footwear and apparel brand, Vans. The decision centered on the satirical art collective…more

Intellectual Property Protection, International Trademark Protection, Sports Apparel, Trademark Infringement, Trademarks

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Dangers of Failing to Properly Disclose Dual Representation

It appears real estate brokers in the District will be able to breathe a sigh of relief after the US Court of Appeals for the DC Circuit vacated and remanded a district court’s finding that a brokerage firm failed to properly…more

Appeals, Brokers, Buyers, Disclosure, Landlords

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California Supreme Court to Review Newly Created Duty to Market a “Safer” Product Even in the Absence of a Defect

On May 1, the California Supreme Court granted Gilead Science Inc.’s request to review a California appellate court’s holding that the pharmaceutical manufacturer must defend against negligence claims stemming from its decision…more

CA Supreme Court, Duty of Care, Duty to Disclose, FDA Approval, Food and Drug Administration (FDA)

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COVID-19: Arent Fox Sports Industry Newsletter

Arent Fox’s Sports industry group is part of the firm's COVID-19 Task Force, which is helping clients navigate new legal issues, regulatory challenges, and policy changes. Our newsletter highlights how the world of sports…more

CARES Act, Coronavirus/COVID-19, Data Privacy, Fantasy Sports, Olympics

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NAFTA Chapter 11 (Investments): Time to bring “Legacy Investment” Claims Running Out Soon

The entitlement to bring claims for breaches of the investment standards and protections contained in Section A of Chapter 11 of the North American Free Trade Agreement will soon end. NAFTA countries agreed to withdraw their…more

Arbitration, CETA, Chapter 11, Corporate Counsel, CPTPP

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Sports in the Metaverse: Key Considerations

The interactive tools that the metaverse offers are a perfect complement to a crucial component of the sports industry: fan engagement. And with an influx of industry players establishing a presence in the metaverse, the way we…more

Athletes, Copyright, Data Rights, Digital Assets, Disclosure Requirements

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Top 10 Legal Issues in the Cannabis Industry in 2024

In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And if…more

Artificial Intelligence, Cannabis Products, Cannabis-Related Businesses (CRBs), Capital Raising, DEA

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Five, Six, Seven, Eight, Nine, Ten . . . Will We Love 2024? Top 10 Tax Issues for the Year

The 2024 election year promises to make taxes front-of-mind for many business and individual taxpayers. Beyond the election, there are other note-worthy developments, along with several highly anticipated tax law cases that may…more

Child Tax Credit, Employee Retention, Enforcement Actions, Green Energy, Inflation Reduction Act (IRA)

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2023 Trade Secrets End of Year Report

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade…more

Competition, Confidential Information, Contract Terms, Cybersecurity, Damages

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10 Legal Challenges for the Cannabis Industry in 2023

1. Cannabis Entering the Metaverse - As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory…more

Advertising, Cannabis-Related Businesses (CRBs), Controlled Substances, Dormant Commerce Clause, Drug Testing

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WorldSmart: Un Puente Entre Dos Mundos— Inversiones Entre EEUU y América Latina

Una latina orgullosa y asesora de confianza, Gabriela E. Palmieri se enfoca en el manejo de transacciones transfronterizas y multijurisdiccionales. En el primer episodio de WorldSmart grabado completamente en español, Gabriela y…more

Investment Management, Investors

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New Headache for Trademark Litigants? Fourth Circuit’s Bayer Decision Rejects Application of State Statute of Limitations to Laches Defense

The Fourth Circuit recently held that the U.S. District Court for the Eastern District of Virginia erred in its analysis of a defendant’s laches defense against an unfair competition claim under Section 43(a) of the Lanham Act…more

False Advertising, False Association, Fraud, Lanham Act, Prescription Drugs

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Sentencing Commission Proposes Amendment to Limit ‘Acquitted Conduct’

On Wednesday, April 17, the US Sentencing Commission dramatically restricted consideration of so-called “acquitted conduct” when courts determine criminal sentences under the Guidelines Manual. The guidelines that permitted…more

Criminal Defense, Fraud, New Rules, SCOTUS, Theft

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Top Legal Challenges for the Automotive Industry in 2024

With 2024 underway, we highlight some of the most pressing legal issues facing the automotive industry this year, including a surprise Federal Trade Commission (FTC) rule, changes to manufacturer direct-to-consumer sales, and…more

Automotive Industry, Car Dealerships, Direct to Consumer Sales, Driverless Cars, Electric Vehicles

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Investigations Newsletter: DOJ Secures Plea in $50 Million Medicare Fraud and Kickback Scheme

DOJ Secures Plea in $50 Million Medicare Fraud and Kickback Scheme - On April 26, the US Department of Justice (DOJ) announced that Manishkumar Patel pleaded guilty to charges related to a $50 million health care fraud and…more

Anti-Kickback Statute, Coronavirus/COVID-19, Department of Justice (DOJ), False Claims Act (FCA), Food and Drug Administration (FDA)

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ArentFox Schiff Issues the First Global Definitive Legal Guide for Industries Navigating AI

Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and…more

Advertising, Artificial Intelligence, Automotive Industry, Biometric Information, Clean Energy

See all updates »

SEC Approves Climate-Related Disclosure Requirements

On March 6, the US Securities and Exchange Commission (SEC) approved new rules requiring public companies to disclose extensive climate-related information in their registration statements and periodic reports. The SEC has…more

Annual Reports, Canada, Capital Markets, Climate Change, Compliance

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Biometric Privacy Class Actions Take Aim at Virtual “Try-On” Retailers

In recent months, there has been a surge of class actions brought under the Illinois Biometric Information Privacy Act (BIPA) against retailers using virtual “try-on” features on their websites. Virtual try-on technology…more

Article III, Biometric Information, Biometric Information Privacy Act, Data Collection, Facial Recognition Technology

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PPP Loan Recipients at Risk: Part Three

In our closing episode on COVID-19 related financial fraud, Scott Peeler, Lynn Fiorentino, and Susan Tran from our Government Enforcement & White Collar group focus the discussion on how to best prepare if the government comes…more

Borrowers, False Claims Act (FCA), Financial Fraud, Lenders, Loan Forgiveness

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Top 10 Legal Issues in the Cannabis Industry in 2024

In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And if…more

Artificial Intelligence, Cannabis Products, Cannabis-Related Businesses (CRBs), Capital Raising, DEA

See all updates »

Georgia Supreme Court Holds Life Insurance Policies Taken Out With Intent to Sell are Lawful

On October 25, 2022, the Supreme Court of Georgia answered a certified question from the Eleventh Circuit Court of Appeals concerning Georgia’s insurable interest statute, OCGA § 33-24-3 (1995)…more

Appeals, GA Supreme Court, Insurable Interests, Insurance Industry, Life Insurance

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Prepare the Battlements! What Businesses Need to Know About the NY SHIELD Act

As security risks continue to be at the forefront of legislators’ agendas across the country, New York has joined the growing roster of states pressing businesses to develop more robust breach procedures. Originally proposed in…more

Biometric Information, Cybersecurity, Data Breach, Data Protection, Data Security

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Governor Newsom Extends Suspension of CEQA Filing and Noticing Requirements

With precautions still in place to combat the COVID-19 pandemic that limit access to government buildings and promote social distancing, on September 23, 2020, Governor Gavin Newsom issued Executive Order N-80-20. Executive…more

CEQA, Coronavirus/COVID-19, Environmental Impact Report (EIR), Executive Orders, Filing Requirements

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Death, Disability, Divorce, and Disputes: Know What Your Key Documents Dictate in the Event of a Crisis

Now is a good time to review your trust instruments, family office documents, or company’s governing documents and succession plans to ensure you are prepared to deal with whatever the future brings before it happens…more

Beneficiaries, Business Disputes, Disability, Divorce, Family Offices

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A Win for the SEC on Shadow Trading. Now What?

On April 5, 2014, after an eight-day trial and a few hours of deliberation, a federal jury entered a verdict for the US Securities and Exchange Commission (SEC) and found that Matthew Panuwat had engaged in insider trading when…more

Acquisitions, Insider Trading, Motion to Dismiss, Non-Public Information, Policies and Procedures

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Fast 5: Five Quick Regulatory Takeaways for Pharmaceutical Companies

Here we are in fourth quarter of 2023 already! As companies start wrapping up 2023 and preparing and modeling for 2024, we thought it was a good time to highlight five regulatory developments, changes, or challenges on the…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Customs and Border Protection, DSCSA, Food and Drug Administration (FDA)

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The 10 Trends and Legal Challenges We Are Tracking Throughout 2024

With 2024 well underway, this article highlights some of the pressing legal issues impacting the long term care and senior housing industry this year, including trends affecting the industry and emerging issues industry…more

Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Compliance, Data Collection, Disclosure Requirements

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January 2023 AFS Privacy Report: Colorado Department of Law Issues Updated Draft CPA Rules

Colorado Department of Law Issues Draft CPA Revisions - On December 22, the Colorado Department of Law issued updates to the draft Colorado Privacy Act (CPA) rules. These revisions build on written comments and feedback from…more

Biometric Information Privacy Act, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Colorado, COPPA

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Five, Six, Seven, Eight, Nine, Ten . . . Will We Love 2024? Top 10 Tax Issues for the Year

The 2024 election year promises to make taxes front-of-mind for many business and individual taxpayers. Beyond the election, there are other note-worthy developments, along with several highly anticipated tax law cases that may…more

Child Tax Credit, Employee Retention, Enforcement Actions, Green Energy, Inflation Reduction Act (IRA)

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CBP Extends Transition Period for Companies to Comply With New Hong Kong Marking Requirements

As previously reported, on July 14, 2020, the President signed Executive Order 13936 on Hong Kong Normalization. As a result, CBP has issued a new marking requirement for goods that are produced in Hong Kong which enter United…more

China, Compliance, Customs and Border Protection, Executive Orders, Federal Register

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Will California’s Proposed Acrylamide Warning Amendment Under Proposition 65 Pass Legal Muster?

California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed additional safe harbor warnings for products containing acrylamide in response to recent litigation questioning the constitutionality of such…more

California, Labeling, OEHHA, Preliminary Injunctions, Proposed Amendments

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EEOC Finalizes Long-Delayed Harassment Guidance

On April 29, the US Equal Employment Opportunity Commission (EEOC) published its final guidance on workplace harassment. The final guidance addresses key updates in harassment law, including the US Supreme Court’s decision in…more

Anti-Harassment Policies, Bostock v Clayton County Georgia, Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Harassment

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The FTC’s Rule Banning Noncompetes: September 4 Effective Date and FTC-Sponsored Compliance Webinar

On April 30, the Federal Register announced that the Federal Trade Commission’s (FTC) Non-Compete Clause Rule is scheduled to be published on May 7. The Rule becomes effective 120 days after publication, resulting in an…more

Compliance, Federal Trade Commission (FTC), Non-Compete Agreements

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Proposed Legislation Would Authorize CFIUS to Scrutinize Farmland Purchases by Foreign Buyers

A bipartisan group of lawmakers in Congress is set to introduce a bill that if enacted would direct the Committee on Foreign Investment in the United States (CFIUS) to consider the needs of the agriculture industry when…more

Agricultural Sector, CFIUS, Critical Infrastructure Sectors, FIRRMA, Foreign Investment

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DOL Issues Guidance on Workplace AI

The US Department of Labor (DOL) issued guidance this week on the impact of workplace artificial intelligence (AI) on federal labor and employment standards enforced by the Wage and Hour Division. The guidance, delivered as a…more

Artificial Intelligence, Department of Labor (DOL), Employee Polygraph Protection Act (EPPA), Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA)

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Data Scraping, Privacy Law, and the Latest Challenge to the Generative AI Business Model

In a putative class action filed on June 28, 2023, in the Northern District of California, and in other similar cases, plaintiffs allege that OpenAI, Microsoft, and their respective affiliates violated the privacy rights of…more

Artificial Intelligence, Business Model, Computer Fraud and Abuse Act (CFAA), Copyright Infringement, Data Privacy

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Discoverability of Retainer Agreements in Class Actions

Class action defense counsel should not assume that engagement letters and retainer agreements between representative plaintiffs and class counsel are privileged. Under Rule 23’s “adequacy” requirement, these letters can be both…more

Attorney's Fees, Class Action, Class Representatives, Engagement Letters, Retainer Fees

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California: No Right to Jury in Unfair Competition, False Advertising Cases

Confirming decades of established precedent, the California Supreme Court recently concluded in Nationwide Biweekly Administration, Inc. v. Superior Court of Alameda County, that there is no right to a jury trial in Unfair…more

Appellate Courts, CA Supreme Court, California, False Advertising, False Claims Act (FCA)

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Preliminary Antidumping Duties Go In Effect on Imports of Products Containing Aluminum Extrusions From Multiple Countries

As a follow up to our March 1 alert on Imported Products Containing an Aluminum Extrusion Part or Any Extruded Aluminum, the US Department of Commerce (DOC) has announced the preliminary antidumping dumping duties affecting…more

Aluminum Sales, Anti-Dumping Duty, Exporters, Imports, International Trade Commission (ITC)

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Beverage & Food Industry in 2024: 10 Hot Topics for Beverage & Food Industry Founders, Investors, and Executives

2023 was a pivotal year for the beverage and food industry globally, creating new categories of winners and losers across the board. With a full year of operations largely relieved of pandemic-era restrictions, restaurant…more

Acquisitions, Artificial Intelligence, Beverage Manufacturers, Corporate Transparency Act, Estate Planning

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EEOC Issues Final Guidance on Pregnancy Workers Fairness Act

On April 15, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA). As noted in AFS’s previous alerts (here and…more

Americans with Disabilities Act (ADA), Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Final Guidance, Final Rules

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Huerta v. CSI Electrical Contractors: California Supreme Court Again Clarifies What Counts as Paid Work Time

In Huerta v. CSI Electrical Contractors, Case No. S275431 (Mar. 25, 2024), the California Supreme Court made several holdings relating to when non-exempt employees must be paid, including for time spent undergoing mandatory…more

CA Supreme Court, Compensation, Hours of Service, Labor Code, Non-Exempt Employees

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New Missouri NIL Law Changes Landscape, Expands College Coaches' Role in Negotiations

“This is the new arms race.” That’s how Missouri State Representative and former University of Missouri offensive lineman Kurtis Gregory described the burgeoning patchwork of state laws that govern student athletes’ ability to…more

Coaches, College Athletes, Intellectual Property Protection, Name and Likeness, New Amendments

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Trouble in Paradise: Copyright Office Rejects AI-“Authored” Work for Copyright Registration

The Review Board of the US Copyright Office (the “Board”) recently ruled, in its first decision of the year, that a two-dimensional artwork entitled “A Recent Entrance to Paradise” (the “Work”) could not be registered for…more

Art, Artificial Intelligence, Authorship, Copyright, Copyright Office

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From Bystander to Referee: The More Robust Role of Judges Under Amended Federal Rule of Evidence 702

Product liability cases often involve complex, multidisciplinary subjects where expert opinion testimony is necessary to explain scientific, technological, or other specialized issues to the jury. Until recently, however, the…more

Amended Rule 702, Amended Rules, Expert Testimony, Federal Rules of Evidence, SCOTUS

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Ninth Circuit Dismisses Kids’ Climate Case (Again)

Juliana v. United States — brought by 21 children against the United States and alleging that the government has failed to adequately respond to climate change — has ping-ponged through the federal court system since 2015. For…more

Climate Change, Constitutional Challenges, Corporate Counsel, Declaratory Relief, Disclosure Requirements

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Proposed Legislation Would Authorize CFIUS to Scrutinize Farmland Purchases by Foreign Buyers

A bipartisan group of lawmakers in Congress is set to introduce a bill that if enacted would direct the Committee on Foreign Investment in the United States (CFIUS) to consider the needs of the agriculture industry when…more

Agricultural Sector, CFIUS, Critical Infrastructure Sectors, FIRRMA, Foreign Investment

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NLRB: Proposed Micro-Unit of Boeing Mechanics Is Not Going to Fly

In a 3-1 representation case, the National Labor Relations Board recently continued its roll-back on Obama-era precedents, invalidating a 180-member “micro-unit” of Boeing mechanics. The Board held in The Boeing Company and…more

Bargaining Units, Boeing, Collective Bargaining, Community of Interest, Labor Relations

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50-State Status Update: Essential Businesses and Permitted Activities Amid Stay At Home Orders (Updated June 4, 2020)

Many states and localities have issued stay-at-home orders, and have closed on-site business operations to all but essential businesses and their employees. To enable employers to navigate those restrictions, we provide below a…more

Business Closures, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Executive Orders

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CFIUS 2.0: ‘Sensitive Personal Data’ in the National Security Context

In recent years, the Committee on Foreign Investment in the United States (CFIUS) has taken a much stronger interest in the national security ramifications of sensitive data falling into the hands of foreign adversaries,…more

CFIUS, Corporate Counsel, Critical Infrastructure Sectors, Cross-Border Transactions, Enforcement Authority

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Cinnamon and Spice but Not Necessarily Nice

What do eggnog, Christmas pudding, gingerbread cookies, and fruit cake all have in common? Cinnamon. But this year, the spice giving these desserts their holiday cheer could also come with a toxic level of lead…more

Food and Drug Administration (FDA), Food Contamination, Food Manufacturers, Food Safety, Food Supply

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ArentFox Schiff Issues the First Global Definitive Legal Guide for Industries Navigating AI

Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and…more

Advertising, Artificial Intelligence, Automotive Industry, Biometric Information, Clean Energy

See all updates »

Creditor Committees of Delaware LLCs Should Take Action to Preserve Derivative Standing

Recent decisions and court commentary suggest that a creditors’ committee appointed in a Chapter 11 case should take immediate action to ensure that its rights to pursue derivative standing are preserved, particularly when the…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Creditor's Committee, Debtors

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Mental Health Parity: Recent Ninth Circuit Ruling Bolsters MHPAEA and ERISA Protections, Clarifying Pleading Standards

In a win for plaintiffs, the US Court of Appeals for the Ninth Circuit recently reversed a district court’s dismissal of key claims in the case of Ryan S. v. UnitedHealth Group, Inc. The case provides useful guidance for future…more

Breach of Duty, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Mental Health, Mental Health Parity Rule

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Federal Reserve Board Releases Term Sheets for Nonprofit Organization Loan Facilities Under Main Street Lending Program

On Friday, July 17, 2020, the Federal Reserve Board released term sheets for the nonprofit loan facilities (the Nonprofit Organization New Loan Facility (NONLF) and the Nonprofit Organization Expanded Loan Facility (NOELF) (each…more

Coronavirus/COVID-19, Federal Reserve, IRS, Main Street Lending Programs, Term Sheets

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PPP Flexibility Act Removes Bar on Deferral of Employer Portion of Social Security Taxes for PPP Loan Recipients

On Friday, June 5, 2020, President Trump signed into law H.R. 7010, the Paycheck Protection Program Flexibility Act of 2020 (the “PPP Flexibility Act”), modifying certain provisions of the CARES Act related to the forgiveness of…more

CARES Act, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA), Small Business

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As the (Customs and Trade) World Turns - April 2024

Welcome to the April 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and…more

Anti-Dumping Duty, Child Labor, Clinical Trials, Countervailing Duties, Customs

See all updates »

SEC Approves Climate-Related Disclosure Requirements

On March 6, the US Securities and Exchange Commission (SEC) approved new rules requiring public companies to disclose extensive climate-related information in their registration statements and periodic reports. The SEC has…more

Annual Reports, Canada, Capital Markets, Climate Change, Compliance

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Massachusetts Department of Public Health Proposes to Ease Moratorium on New Nursing Home Beds in the Commonwealth

The Determination of Need Program (certificate of need in other states) of the Massachusetts Department of Public Health (DON Program) has for many years had a moratorium on accepting and reviewing applications for construction…more

Coronavirus/COVID-19, Mental Health, Moratorium, Nursing Homes, Substance Abuse

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Environmental Justice Update: New Jersey Issues Guidance Promoting Use of Green and Sustainable Technologies in Remediation

Costs to clean up environmentally impacted real estate have continued to increase. A variety of factors have caused this trend including: listing of new contaminants, enhanced focus on contamination pathways like vapor…more

Contamination, Environmental Justice, Environmental Protection Agency (EPA), Green Technology, Infrastructure

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As the (Customs and Trade) World Turns - April 2024

Welcome to the April 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and…more

Anti-Dumping Duty, Child Labor, Clinical Trials, Countervailing Duties, Customs

See all updates »

Merry and Bright: Health Canada Recalls Artificial Christmas Trees for Potential Burn or Fire Hazard

For folks who can’t wait for Christmas, when to put up their tree can be a dilemma. Should they wait until after Thanksgiving? December 1? Or throw all caution to the wind and put up their decorations as soon as the last…more

Consumer Product Safety Act (CPSA), Consumer Product Safety Commission (CPSC), Health Canada, Product Recalls

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How ESG is Taking Women’s Soccer to the Next Level

The 2023 FIFA Women’s World Cup in Australia and New Zealand turned out to be one of the most exciting yet, despite the unexpectedly early exit by the US Women’s National Team (USWNT). It is apparent that other national…more

Environmental Social & Governance (ESG), Equal Pay, Fédération Internationale de Football Association (FIFA), Governance Standards, Sexual Harassment

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California Court of Appeal Confirms McDonnell-Douglas Burden Shifting Applies to Section 1278.5 Whistleblower Retaliation Claims

In Scheer v. Regents of the University of California, the Second District Court of Appeal held that the McDonnell-Douglas burden-shifting framework applies to claims asserted pursuant to Health & Safety Code Section 1278.5. For…more

Appeals, California, Labor Code, McDonnell Douglas Formula, Retaliation

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Top 10 Legal Challenges for Employers

With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and a…more

Cannabis Products, Citizenship Status Discrimination, Department of Justice (DOJ), Department of Labor (DOL), Employee Rights

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The FTC’s Rule Banning Noncompetes: September 4 Effective Date and FTC-Sponsored Compliance Webinar

On April 30, the Federal Register announced that the Federal Trade Commission’s (FTC) Non-Compete Clause Rule is scheduled to be published on May 7. The Rule becomes effective 120 days after publication, resulting in an…more

Compliance, Federal Trade Commission (FTC), Non-Compete Agreements

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Legal Considerations for GCs and CFOs in the Fashion and Retail Industry in 2024

The fashion and retail industry experienced another year of considerable change in 2023. As advancements in artificial intelligence (AI) spurred innovation within the industry, consumers and regulators worldwide called for…more

Acquisitions, Artificial Intelligence, California, Class Action, Consumers

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Michigan Sales and Use Tax Acts Amendment Expands Tax Exemption for Industrial Processing

On May 8, 2023, the Michigan Sales and Use Tax Acts were amended to allow an industrial processing tax exemption for property used for the production, manufacturing, or recycling of “aggregate” materials, which include common…more

Industrial Products, Proposed Amendments, Sales & Use Tax, Tax Exemptions

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New Mechanic's Lien Opinion Shows Need for Additional Care When Drafting Construction Contracts 

Those in the DC metro area construction industry should take heed of a recent District of Columbia Court of Appeals opinion that sheds additional light on the District’s mechanic’s lien statute – King Carpentry Inc. v. 1345 K…more

Appeals, Breach of Contract, Construction Contracts, Forum Selection, Mechanics Lien

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Disney Uses First Amendment ‘Right Not To Associate’ In Motion to Dismiss Mandalorian Lawsuit

The First Amendment permits employers engaged in artistic expression to disassociate from employees who make inflammatory statements, Disney argued in a recent motion to dismiss a lawsuit brought by Gina Carano, an actress in…more

Adverse Employment Action, California, Disney, First Amendment, Labor Law Violations

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You Can(not) Say That Again: Using a 30(b)(6) Corporate Witness’s Deposition Testimony at Trial

Can a corporate party affirmatively use deposition testimony from its own 30(b)(6) witness at trial? It depends. Corporate Witness Testimony at the Deposition Stage - A quick primer on corporate witnesses under Federal Rule…more

Depositions, Federal Rules of Civil Procedure, FRCP 30(b)(6), Litigation Strategies, Witnesses

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New Data Shows International Arbitration Continues to Thrive

In the past month, the Permanent Court of Arbitration (PCA) and the Singapore International Arbitration Centre (SIAC) released their annual reports. The reports reflect on the growth of the PCA and SIAC as international arbitral…more

Arbitration, Business Interruption, Coronavirus/COVID-19, International Arbitration, SIAC

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New York Signs into Law Legislation Allowing Out of State “Risk Retention Groups” to Offer Automobile Insurance Coverage to Not-for-Profit Organizations

On September 15, 2023, New York Governor Kathy Hochul signed into law legislation (S.5959-B/A.5718-B), which allows out-of-state “risk retention groups” registered in New York State to offer automobile insurance coverage to…more

501(c)(3), Auto Insurance, Internal Revenue Code (IRC), Liability Insurance, New York

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NYC’s Rent Stabilization Laws Upheld by Supreme Court in Light of Affordable Housing Challenges Nationwide

On February 20, the US Supreme Court declined to hear challenges brought by rental unit owners to recent changes made to New York City’s Rent Stabilization Laws. Since these changes went into effect in 2019, news outlets have…more

Affordable Housing, City of New York, Landlords, Lenders, Rent

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FCC Heightens Focus on Artificial Intelligence in Recent Actions

Reinstatement of Consumer Advisory Committee - The Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel recently announced the Commission's decision to reboot the Consumer Advisory Committee (CAC). The 12th…more

Artificial Intelligence, Consumer Advisory Board, Deep Fake, Disclosure Requirements, FCC

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Fourth Circuit Rules That Corporate Small Business Debtors Under Subchapter V May Not Be Able to Discharge All Debts

On June 7, 2022, the Fourth Circuit Court of Appeals unanimously held that the exceptions to discharge found in section 523(a) of the Bankruptcy Code, which ordinarily exclusively apply to individual debtors, also apply to small…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Chapter 12, Creditors

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Making Waves: Navigating the Tide of Artistic Freedom and Trademark Protections in the Vans v. MSCHF Case

On December 5, 2023, the Second Circuit Court of Appeals issued a precedent-setting decision in favor of the prominent skateboarding footwear and apparel brand, Vans. The decision centered on the satirical art collective…more

Intellectual Property Protection, International Trademark Protection, Sports Apparel, Trademark Infringement, Trademarks

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New Bills in Congress May Lead to Region-Wide Ban on Goods from Xinjiang Region of China

Review Your Supply Chain and Establish Compliance Plans Because Forced Labor Laws are Here to Stay - If passed, these bills will grant US Customs and Border Protection authority for a region-wide WRO enabling the agency to…more

China, Customs and Border Protection, Department of Homeland Security (DHS), Economic Sanctions, Enforcement Actions

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10 Legal Challenges for the Cannabis Industry in 2023

1. Cannabis Entering the Metaverse - As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory…more

Advertising, Cannabis-Related Businesses (CRBs), Controlled Substances, Dormant Commerce Clause, Drug Testing

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The Speak Out Act Will Limit Enforceability of Confidentiality and Nondisparagement Clauses

On November 16, 2022, the US House of Representatives passed the Speak Out Act, after the US Senate unanimously passed the Act in September 2022. The Act will head next to President Biden’s desk, where he is expected to sign it…more

Confidential Information, Enforcement, Non-Disparagement Provisions, Sexual Assault, Sexual Harassment

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Taking a Byte from the Regulatory Apple: States are Introducing Their Own AI Regulations

As the federal government grapples with the complexities of comprehensive artificial intelligence (AI) regulation and competing agendas, several US states are taking matters into their own hands by computing their own solutions…more

Artificial Intelligence, Executive Orders, Regulatory Agenda, Technology Sector

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California Law May Limit Hospitals’ Ability to Adopt The Joint Commission’s Revised Reappointment Timeframe Standards

In a move changing a decades-long practice, The Joint Commission extended its required timeframe for the reappointment of practitioners from every two years to every three years, unless law or regulation require shorter time…more

California, Hospitals, Licensing Rules, Reappointment

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As the (Customs and Trade) World Turns - April 2024

Welcome to the April 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and…more

Anti-Dumping Duty, Child Labor, Clinical Trials, Countervailing Duties, Customs

See all updates »

Compulsory Corporate Monitorships: Strategies for Success

Numerous regulatory jurisdictions internationally, as well as multiple nongovernmental organizations (NGOs) such as the World Bank, have increasingly used compulsory corporate monitorships as part of their respective resolution…more

Business Strategies, Compliance, Cooperation, Corporate Monitoring, Department of Justice (DOJ)

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EPA Updates Interim Guidance on Destruction and Disposal of PFAS Wastes

On April 8, the US Environmental Protection Agency (EPA) issued interim guidance for public comment regarding the destruction and disposal of per- and polyfluoroalkyl substances (PFAS). Below, we discuss the guidance and…more

CERCLA, Enforcement, Environmental Protection Agency (EPA), Hazardous Waste, Interim Guidance

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ArentFox Schiff Wins a Rare PTAB Decision Reversing Patent Examiner’s Subject Matter Eligibility Rejection in a Fintech Patent Application

In 2023, the Patent Trial and Appeal Board (PTAB) reversed examiners’ decisions in about 30% of appeals, and only in about 7% of appeals related to patent applications for business methods, which include financial technology…more

Copyright, Financial Instruments, FinTech, Information Technology, Inventions

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Preliminary Antidumping Duties Go In Effect on Imports of Products Containing Aluminum Extrusions From Multiple Countries

As a follow up to our March 1 alert on Imported Products Containing an Aluminum Extrusion Part or Any Extruded Aluminum, the US Department of Commerce (DOC) has announced the preliminary antidumping dumping duties affecting…more

Aluminum Sales, Anti-Dumping Duty, Exporters, Imports, International Trade Commission (ITC)

See all updates »

EEOC Finalizes Long-Delayed Harassment Guidance

On April 29, the US Equal Employment Opportunity Commission (EEOC) published its final guidance on workplace harassment. The final guidance addresses key updates in harassment law, including the US Supreme Court’s decision in…more

Anti-Harassment Policies, Bostock v Clayton County Georgia, Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Harassment

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Fed Announces Key Changes to Main Street Lending Program

Revised term sheets and FAQs issued by the Federal Reserve Board expand the program and provide additional guidance for borrowers affected by the COVID-19 crisis. A chart outlining the updated term sheets can be found in the…more

Borrowers, Lenders, Main Street Lending Programs

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Is the Robinson-Patman Act Returning? Or Was It Never Really Gone?

The Federal Trade Commission (FTC) has heralded its increased antitrust scrutiny of price discrimination under the Robinson-Patman Act (RPA), though little has come of it to date. Yet, our review of trends in private enforcement…more

Antitrust Litigation, Competition, Department of Justice (DOJ), Enforcement Actions, Federal Trade Commission (FTC)

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2021 Trade Secrets End of Year Report: Analysis of the Year’s Key Cases & Trends

In 2021, trade secrets and non-competes continued to garner attention on the national stage. Non-competes were the focus of significant legislative activity at both the federal and local levels, while trade secrets lead to…more

Computer Fraud and Abuse Act (CFAA), Coronavirus/COVID-19, Intellectual Property Protection, Non-Compete Agreements, SCOTUS

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Utah “DAOs” and Don’ts: New Law Provides Limited Liability for Decentralized Organizations

New crypto legislation is skiing down Utah’s silicon slopes. On March 13, 2023, the Utah Decentralized Autonomous Organizations Act was signed into law, taking effect on January 1, 2024. While other states such as Wyoming,…more

Decentralized Autonomous Organization (DAO), Governance Standards, Legal Entities, Proxy Voting

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Five, Six, Seven, Eight, Nine, Ten . . . Will We Love 2024? Top 10 Tax Issues for the Year

The 2024 election year promises to make taxes front-of-mind for many business and individual taxpayers. Beyond the election, there are other note-worthy developments, along with several highly anticipated tax law cases that may…more

Child Tax Credit, Employee Retention, Enforcement Actions, Green Energy, Inflation Reduction Act (IRA)

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Money Trees (and Office Greens): Why Real Estate Developers are Transforming Vacant Office Spaces into Trendy Urban Farms

Welcome to the trendy revolution of urban farming. Three years ago, Washington, DC, Mayor Muriel Bowser unveiled a plan to transform vacant office buildings in downtown DC into residential properties with hopes of creating a…more

Commercial Buildings, Commercial Property Owners, Conversion, Office Space, Real Estate Development

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USTR Tai Takes Control of Trump Tariffs: Some Section 301 Tariffs Suspended and Others May Be Implemented on Six Countries With DST

USTR is soliciting comments and has scheduled hearings regarding the potential imposition of Section 301 tariffs of up to 25% in response to the Digital Services Tax adopted by Austria, India, Italy, Spain, Turkey, and the…more

Biden Administration, Digital Services Tax, EU, Exports, Imports

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Media & Entertainment: 10 Legal Developments Impacting Business and Legal Decisions

With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year. In 2024, media and entertainment businesses will focus on whether the longstanding tenet that…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Artificial Intelligence, Authorship, Business Development, California Consumer Privacy Act (CCPA)

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ArentFox Schiff Issues the First Global Definitive Legal Guide for Industries Navigating AI

Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and…more

Advertising, Artificial Intelligence, Automotive Industry, Biometric Information, Clean Energy

See all updates »

Auto Sales Remain Subject to State and Local Orders Despite Designation as Essential by CISA

On April 17, 2020, the US Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) issued revised Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National…more

Automotive Industry, Coronavirus/COVID-19, Homeland Security Cybersecurity & Infrastructure Security Agency (CISA), New Guidance, Operators of Essential Services

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What Private Companies Need To Consider in 2024: Top 10 Legal Issues

Private companies and their owners face ever-evolving challenges as the market sees new regulations, new deal trends, and new risks in 2024. Below are 10 issues that the owners and leaders of privately held companies should…more

Acquisitions, Artificial Intelligence, Beneficial Owner, Class Action, Corporate Transparency Act

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Investigations Newsletter: Deputy Attorney General Monaco Warns Industries: “Fraud Using AI is Still Fraud”

On March 7, Deputy Attorney General Lisa Monaco delivered the keynote remarks at the American Bar Association’s (ABA) 39th National Institute on White Collar Crime. She noted that artificial intelligence (AI) “holds great…more

Algorithms, Artificial Intelligence, Banking Sector, Compliance, Corporate Crimes

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Is Thanksgiving Over? FDA Serves Fresh Piece of "Real World Data" Pie: Use of Registries

This week, FDA published a draft guidance on the use of registries to support regulatory decision-making. In this guidance, titled "Real-World Data: Assessing Registries to Support Regulatory Decision-Making or Drug and…more

Digital Health, Draft Guidance, Food and Drug Administration (FDA), New Guidance

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Re-Thinking Strategies for Classification Challenges Ahead for New EV Technologies

Application of US trade laws rely on the proper classification of the imported product. It triggers tariff preference benefits when properly applied, and enforcement scrutiny when not…more

Batteries, Electric Vehicles, Enforcement, Fair Trade Agreements (FTA), Imports

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Employment Arbitration Agreements in California Hang by a Thread

On October 10, 2019, Governor Newsom signed AB 51, codified as Labor Code section 432.6, which prohibits California employers from requiring an employee to sign an arbitration agreement “as a condition of employment, continued…more

Arbitration, Arbitration Agreements, Employer Liability Issues, Employment Contract, Employment Litigation

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Ninth Circuit Dismisses Kids’ Climate Case (Again)

Juliana v. United States — brought by 21 children against the United States and alleging that the government has failed to adequately respond to climate change — has ping-ponged through the federal court system since 2015. For…more

Climate Change, Constitutional Challenges, Corporate Counsel, Declaratory Relief, Disclosure Requirements

See all updates »

Hospitality: 2023 Year in Review

As we enter the final quarter of 2023, the ArentFox Schiff Hospitality Industry group has identified several opportunities and challenges that could impact the hospitality industry, including issues related to artificial…more

Artificial Intelligence, Carve Out Provisions, False Advertising, Federal Trade Commission (FTC), Fees

See all updates »

Key Considerations Before Trade Associations Cross Over Into the Metaverse

The Metaverse offers broad opportunities for trade associations to expand their reach and enhance member experiences like never before. These new and exciting possibilities, however, come with unique challenges. This alert gives…more

Blockchain, Coronavirus/COVID-19, Digital Assets, Licensing Rules, Metaverse

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It's Ultra-Complicated: Fifth Circuit and Delaware Bankruptcy Court Decisions Widen Rifts on Make-Whole Premiums and Postpetition Interest

Recent decisions by the Fifth Circuit Court of Appeals and the Bankruptcy Court for the District of Delaware signal further disagreement over the treatment of “make-whole” premium payments under the Bankruptcy Code. In…more

Bankruptcy Code, Bankruptcy Court, Delaware, Interest Rates, Make-Whole Premium

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USTR Announces a Further Extension of Certain Section 301 Exclusions Until December 31

On September 6, 2023, the Office of the US Trade Representative (USTR), the agency responsible for implementing the Section 301 tariffs on imports from China, announced the further extension of 352 exclusions and 77…more

China, Coronavirus/COVID-19, Imports, Section 301, Tariffs

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Top Legal Challenges for the Automotive Industry in 2024

With 2024 underway, we highlight some of the most pressing legal issues facing the automotive industry this year, including a surprise Federal Trade Commission (FTC) rule, changes to manufacturer direct-to-consumer sales, and…more

Automotive Industry, Car Dealerships, Direct to Consumer Sales, Driverless Cars, Electric Vehicles

See all updates »

Viva Las Vegas: Top Six Buy-Sell Takeaways from NADA 2024

National Automobile Dealers Association (NADA) annual conference takeaways. NADA’s 2024 Conference came and went with a bang. Though many of the dealers and advisors we spoke with were weary from all the events and meetings…more

Automotive Industry, Car Dealerships, Electric Vehicles, Social Media

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Progress Towards PBM Reform: Insights, Political Considerations, and Outlook for 2024-2025

As we predicted at the end of the 117th Congress, 2023 was a year of progress for advocates of Pharmacy Benefit Manager (PBM) reform. Abusive practices by PBMs received sustained, bipartisan focus in Congress throughout the…more

Healthcare, Healthcare Reform, Pharmacy Benefit Manager (PBM), Retirement, Transparency

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From Bystander to Referee: The More Robust Role of Judges Under Amended Federal Rule of Evidence 702

Product liability cases often involve complex, multidisciplinary subjects where expert opinion testimony is necessary to explain scientific, technological, or other specialized issues to the jury. Until recently, however, the…more

Amended Rule 702, Amended Rules, Expert Testimony, Federal Rules of Evidence, SCOTUS

See all updates »

The Medicare Secondary Payer Act Prohibits Disparate Impact Discrimination, the Sixth Circuit Rules

The Sixth Circuit has issued an important decision that condemns plan provisions that provide different benefits based on a patient’s need for continued dialysis, even if the provision applies to all dialysis patients and not…more

Anti-Discrimination Policies, Dialysis, Disparate Impact, Employee Retirement Income Security Act (ERISA), Medicare

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Investigations Newsletter: DOJ Secures Plea in $50 Million Medicare Fraud and Kickback Scheme

DOJ Secures Plea in $50 Million Medicare Fraud and Kickback Scheme - On April 26, the US Department of Justice (DOJ) announced that Manishkumar Patel pleaded guilty to charges related to a $50 million health care fraud and…more

Anti-Kickback Statute, Coronavirus/COVID-19, Department of Justice (DOJ), False Claims Act (FCA), Food and Drug Administration (FDA)

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Growing Global Movement to Restrict Single-Use Plastic Bags

According to the United Nations, 127 countries have passed regulations on single-use plastic bags in an effort to incentivize consumers to use reusable bags when shopping. The scope of these regulations varies from country to…more

Africa, Asia, Australia, Austria, Belgium

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Compared to 2008, Will the Fed’s Relief Efforts Be Enough to Avert Another Mortgage Crisis?

The Federal Reserve continues to roll out multiple measures to strengthen the economy during the COVID-19 pandemic. Many of these measures are intended to buffer the housing market, which is affected by broader macroeconomic…more

Commercial Real Estate Market, Coronavirus/COVID-19, Federal Reserve, Interest Rates, Lending

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A Win for the SEC on Shadow Trading. Now What?

On April 5, 2014, after an eight-day trial and a few hours of deliberation, a federal jury entered a verdict for the US Securities and Exchange Commission (SEC) and found that Matthew Panuwat had engaged in insider trading when…more

Acquisitions, Insider Trading, Motion to Dismiss, Non-Public Information, Policies and Procedures

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Disney Uses First Amendment ‘Right Not To Associate’ In Motion to Dismiss Mandalorian Lawsuit

The First Amendment permits employers engaged in artistic expression to disassociate from employees who make inflammatory statements, Disney argued in a recent motion to dismiss a lawsuit brought by Gina Carano, an actress in…more

Adverse Employment Action, California, Disney, First Amendment, Labor Law Violations

See all updates »

2023 Trade Secrets End of Year Report

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade…more

Competition, Confidential Information, Contract Terms, Cybersecurity, Damages

See all updates »

SEC’s New Rules for Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure Go into Effect

On December 18, 2023, the US Securities and Exchange Commission’s (SEC) new rules enhancing and standardizing disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by companies who are…more

Cybersecurity, Disclosure Requirements, FBI, Form 10-K, Form 8-K

See all updates »

The DOJ and FTC Turn Their Attention to “Roll-Up” Acquisitions, Looking for Anticompetitive Transactions

In a December 2023 statement, the White House detailed its intention to encourage antitrust enforcers to scrutinize anticompetitive acquisitions and anticompetitive practices in health care. Specifically, the statement directed…more

Acquisitions, Anti-Competitive, Antitrust Provisions, Corporate Counsel, Department of Justice (DOJ)

See all updates »

ArentFox Schiff Issues the First Global Definitive Legal Guide for Industries Navigating AI

Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and…more

Advertising, Artificial Intelligence, Automotive Industry, Biometric Information, Clean Energy

See all updates »

City of Chicago Enacts Expansive Paid Leave Ordinance Effective December 31, 2023

The City of Chicago has passed a Paid Leave and Paid Sick Leave Ordinance entitling covered employees up to 10 days of paid leave per year: 40 hours of leave for any reason (Paid Leave) and an additional 40 hours of Paid Sick…more

Carryover Basis, City of Chicago, Damages, Employer Liability Issues, Employment Policies

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One, Two, Three, Four . . . Can I Have a Little More? Another State Enacts SALT Cap Workaround

While business owners wait to see whether Congress raises the U.S. long-term capital gains rate from 20 percent to 25 percent and enacts relief from the limitations on the deductibility of state and local taxes (SALT), business…more

Capital Gains, Income Taxes, Internal Revenue Code (IRC), IRS, Partnerships

See all updates »

Fast Five: Important Law and Policy Updates for US Health Care Transactions

With the end of the first quarter of 2024, we highlight five developments, changes, or challenges that health systems, hospitals, nursing homes, clinics, physician practices, health insurers, and other health care providers,…more

Acquisitions, Audits, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ)

See all updates »

Federal Jury Convicts Six Defendants of Obstructing Access to Reproductive Health Services Facility in Violation of the FACE Act and Other Civil Rights Statutes

On January 30, a federal jury found six people guilty of federal civil rights offenses arising from their participation in a blockade of a reproductive health care clinic in Mount Juliet, Tennessee. The jury’s verdict is another…more

Convictions, Department of Justice (DOJ), Dobbs v. Jackson Women’s Health Organization, Health Care Providers, Healthcare

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Health Care Providers Navigate Fallout of Major Cyberattack on Change Healthcare

Change Healthcare, an affiliate of Optum and UnitedHealth Group, processes more than 15 billion health care transactions annually and touches one of every three patient records. On February 21, Change disconnected its technology…more

American Medical Association, Centers for Medicare & Medicaid Services (CMS), Cyber Attacks, Cybersecurity, Health Care Providers

See all updates »

Federal Circuit Holds That AI Cannot Be an “Inventor” Under the Patent Act - Only Humans Can Get Patents

On April 23, 2023, the US Supreme Court denied a petition for certiorari filed by Stephen Thaler, following the US Court of Appeals for the Federal Circuit’s finding that Thaler’s artificial intelligence system — Device for the…more

Artificial Intelligence, Copyright Office, Denial of Certiorari, Inventors, Patent Act

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DOL Issues Guidance on Workplace AI

The US Department of Labor (DOL) issued guidance this week on the impact of workplace artificial intelligence (AI) on federal labor and employment standards enforced by the Wage and Hour Division. The guidance, delivered as a…more

Artificial Intelligence, Department of Labor (DOL), Employee Polygraph Protection Act (EPPA), Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA)

See all updates »

Kim v. Tinder, Inc.: Ninth Circuit Finds Named Plaintiff Inadequate for Having Arbitration Agreement While Other Class Members Did Not

In Kim v. Tinder, Inc., No. 22-55345 (9th Cir. Dec. 5, 2023), the Ninth Circuit recently vacated a $5.2 million class action settlement between plaintiff Lisa Kim and Tinder, Inc., finding that Kim was inadequate to represent…more

Age Discrimination, Arbitration Agreements, California, Class Action, Settlement

See all updates »

Investigations Newsletter: Deputy Attorney General Monaco Warns Industries: “Fraud Using AI is Still Fraud”

On March 7, Deputy Attorney General Lisa Monaco delivered the keynote remarks at the American Bar Association’s (ABA) 39th National Institute on White Collar Crime. She noted that artificial intelligence (AI) “holds great…more

Algorithms, Artificial Intelligence, Banking Sector, Compliance, Corporate Crimes

See all updates »

Governor Newsom Extends Suspension of CEQA Filing and Noticing Requirements

With precautions still in place to combat the COVID-19 pandemic that limit access to government buildings and promote social distancing, on September 23, 2020, Governor Gavin Newsom issued Executive Order N-80-20. Executive…more

CEQA, Coronavirus/COVID-19, Environmental Impact Report (EIR), Executive Orders, Filing Requirements

See all updates »

SEC Charges Private Equity Adviser for Undisclosed Disproportionate Allocation of Transaction Expenses to Advised Fund

On June 14, 2022, the US Securities and Exchange Commission (SEC) released an order charging private equity adviser Energy Capital Partners Management, LP (ECP) with Investment Advisers Act violations in connection with a 2018…more

Investment Adviser, Investment Advisers Act of 1940, Private Equity, Securities and Exchange Commission (SEC)

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All Hands on Deck: USTR Initiates Section 301 Investigation into China’s Practices on Maritime, Logistics, and Shipbuilding Sector

On April 22, the Office of the US Trade Representative (USTR) published a Federal Register notice announcing initiation of an investigation into China with respect to its practices in the maritime, logistics, and shipbuilding…more

China, Infrastructure, Investigations, Shipbuilding, Trade Act of 1974

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Top Legal Challenges for the Automotive Industry in 2024

With 2024 underway, we highlight some of the most pressing legal issues facing the automotive industry this year, including a surprise Federal Trade Commission (FTC) rule, changes to manufacturer direct-to-consumer sales, and…more

Automotive Industry, Car Dealerships, Direct to Consumer Sales, Driverless Cars, Electric Vehicles

See all updates »

The Dynamics of Arbitration: Choosing a Dispute Resolution Provision for Lower-Stakes Deals

When negotiating a transaction or vendor agreement, or adopting website terms of service or privacy policies, the choices made in dispute resolution provisions can significantly impact outcomes and costs in the event of a…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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Five, Six, Seven, Eight, Nine, Ten . . . Will We Love 2024? Top 10 Tax Issues for the Year

The 2024 election year promises to make taxes front-of-mind for many business and individual taxpayers. Beyond the election, there are other note-worthy developments, along with several highly anticipated tax law cases that may…more

Child Tax Credit, Employee Retention, Enforcement Actions, Green Energy, Inflation Reduction Act (IRA)

See all updates »

2024 Senior Housing Market Outlook

Could 2024 bring renewed growth for the skilled nursing and senior housing market or will proposed regulatory changes and the lingering effects of COVID-19 stymie hopes for a potential rebound? With rising occupancy rates and…more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Financial Markets, Healthcare Workers

See all updates »

Top Legal Challenges for the Automotive Industry in 2024

With 2024 underway, we highlight some of the most pressing legal issues facing the automotive industry this year, including a surprise Federal Trade Commission (FTC) rule, changes to manufacturer direct-to-consumer sales, and…more

Automotive Industry, Car Dealerships, Direct to Consumer Sales, Driverless Cars, Electric Vehicles

See all updates »

Money Trees (and Office Greens): Why Real Estate Developers are Transforming Vacant Office Spaces into Trendy Urban Farms

Welcome to the trendy revolution of urban farming. Three years ago, Washington, DC, Mayor Muriel Bowser unveiled a plan to transform vacant office buildings in downtown DC into residential properties with hopes of creating a…more

Commercial Buildings, Commercial Property Owners, Conversion, Office Space, Real Estate Development

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SDNY Allows Nine West LBO Securities Litigation to Move Forward

In early December, the United States District Court for the Southern District of New York denied, in part, a motion to dismiss claims of breach of fiduciary duty and recovery of fraudulent conveyances brought against former…more

Chapter 11, EBITDA, Fiduciary Duty, Fraudulent Conveyance, Private Equity Firms

See all updates »

Preliminary Antidumping Duties Go In Effect on Imports of Products Containing Aluminum Extrusions From Multiple Countries

As a follow up to our March 1 alert on Imported Products Containing an Aluminum Extrusion Part or Any Extruded Aluminum, the US Department of Commerce (DOC) has announced the preliminary antidumping dumping duties affecting…more

Aluminum Sales, Anti-Dumping Duty, Exporters, Imports, International Trade Commission (ITC)

See all updates »

California Assembly Committee to Discuss Housing Crisis Bill

SB 330, the Housing Crisis Act of 2019, is making its way through the California Legislature, and will be heard by the Assembly Appropriations Committee on Wednesday, August 21, 2019. Introduced by Senator Nancy Skinner in…more

Affordable Housing, Housing Developers, Housing Market, Legislative Agendas, Pending Legislation

See all updates »

PPP Loan Recipients at Risk: Part Three

In our closing episode on COVID-19 related financial fraud, Scott Peeler, Lynn Fiorentino, and Susan Tran from our Government Enforcement & White Collar group focus the discussion on how to best prepare if the government comes…more

Borrowers, False Claims Act (FCA), Financial Fraud, Lenders, Loan Forgiveness

See all updates »

Investigations Newsletter: Pharmaceutical Company Agrees to Pay $12.6 Million to Settle FCA Allegations Involving Kickbacks

Pharmaceutical Company Agrees to Pay $12.6 Million to Settle FCA Allegations Involving Kickbacks - On Tuesday, the Department of Justice announced a $12.6 million settlement with Incyte Corporation, a Delaware pharmaceutical…more

Anti-Kickback Statute, Department of Justice (DOJ), False Claims Act (FCA), Frivolous Lawsuits, Healthcare Fraud

See all updates »

2023 Trade Secrets End of Year Report

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade…more

Competition, Confidential Information, Contract Terms, Cybersecurity, Damages

See all updates »

Federal Court Ruling Suspends Compliance with Certain Reporting Obligations Under Oregon Drug Price Transparency Program

Earlier this month, the US District Court for the District of Oregon issued a declaratory judgment invalidating a key component of the Oregon Drug Price Transparency Program. The Oregon Drug Price Transparency Program was…more

Compliance, Declaratory Judgments, Drug Pricing, First Amendment, Motion for Summary Judgment

See all updates »

Top Legal Challenges for the Automotive Industry in 2024

With 2024 underway, we highlight some of the most pressing legal issues facing the automotive industry this year, including a surprise Federal Trade Commission (FTC) rule, changes to manufacturer direct-to-consumer sales, and…more

Automotive Industry, Car Dealerships, Direct to Consumer Sales, Driverless Cars, Electric Vehicles

See all updates »

New Bills in Congress May Lead to Region-Wide Ban on Goods from Xinjiang Region of China

Review Your Supply Chain and Establish Compliance Plans Because Forced Labor Laws are Here to Stay - If passed, these bills will grant US Customs and Border Protection authority for a region-wide WRO enabling the agency to…more

China, Customs and Border Protection, Department of Homeland Security (DHS), Economic Sanctions, Enforcement Actions

See all updates »

Mother’s Day Sanctions: United States Bans Accounting, Management & Other Services to Russia, Demands More Export Licenses

On May 8, 2022 (aka Mother’s Day), the Biden Administration announced yet another series of export controls and sanctions measures intended to ratchet up the costs on Russia’s economy and limit its ability to continue its war in…more

Accounting, Belarus, Blocking Sanctions, Bureau of Industry and Security (BIS), Economic Sanctions

See all updates »

White House Issues Executive Order Combating Race and Sex Stereotyping

Government contractors may wish to seek further legal review of all diversity and inclusion training materials used. On September 22, 2020, the White House issued Executive Order 13950, entitled “Executive Order on Combating…more

Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employee Training, Executive Orders, Federal Contractors

See all updates »

Compulsory Corporate Monitorships: Strategies for Success

Numerous regulatory jurisdictions internationally, as well as multiple nongovernmental organizations (NGOs) such as the World Bank, have increasingly used compulsory corporate monitorships as part of their respective resolution…more

Business Strategies, Compliance, Cooperation, Corporate Monitoring, Department of Justice (DOJ)

See all updates »

Congress Extends PPP Application Period Until End of May

On March 25, 2021, Congress passed the PPP Extension Act of 2021 (PPP Extension Act), to extend the application window for small businesses to apply for Paycheck Protection Program (PPP) loans by an additional two months…more

Coronavirus/COVID-19, Filing Deadlines, Patent Applications, Paycheck Protection Program (PPP), SBA

See all updates »

Investigations Newsletter: Commonwealth Financial Network Must Pay $72 Million in SEC Enforcement Action

Commonwealth Financial Network Must Pay $72 Million in SEC Enforcement Action - Late last week, a Massachusetts federal judge ordered Commonwealth Financial Network to pay over $72 million due to its “egregious” failure to…more

Broker-Dealer, Conflicts of Interest, Department of Justice (DOJ), Disgorgement, Enforcement Actions

See all updates »

California’s Property Tax Deadline: San Francisco and San Mateo Counties Extend Deadline While Other Counties Maintain Deadline with Penalty Relief

While the April 15 deadline for filing federal and state tax returns has been extended, the April 10 deadline to pay California property taxes without penalty will stand for most California counties. As an exception, San…more

Bay Area, California, Executive Orders, Filing Deadlines, IRS

See all updates »

Eight Issues That Will Impact the Hospitality Industry in 2024

After seemingly bouncing back from the challenges posed by the COVID-19 pandemic and related labor, supply chain, and governmental mandate issues, the hospitality industry experienced a year of volatility in 2023, with…more

Artificial Intelligence, Corporate Transparency Act, Debt, Employee Definition, Employee Retention

See all updates »

AF COVID-19 Podcast: Mediation & Force Majeure

In today’s episode, we continue our conversation on “Force Majeure” with Partners Barbara Wahl and Bernice Leber. Our lawyers cover a few of the first COVID-related lawsuits filed, important trends, and ways to leverage…more

Breach of Contract, Contract Disputes, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause

See all updates »

ESG Litigation Update: Antitrust Claims

Environment, social, and governance (ESG) considerations related to investment and corporate governance have made front-page news in recent months, as US elected officials debate whether industry-related ESG practices may…more

Antitrust Violations, Corporate Governance, Department of Justice (DOJ), Environmental Social & Governance (ESG), Federal Trade Commission (FTC)

See all updates »

Prop 65 Roundup - January 2024

California AG Will Not Seek Rehearing Of Bar On Prop. 65 Glyphosate Warning - California Attorney General (AG) Rob Bonta (D) has declined to ask a federal appellate court to rehear a panel ruling that permanently blocked…more

Herbicides, OEHHA, Product Labels, Proposed Amendments, Proposition 65

See all updates »

⚠️ WARNING! California Announces Proposed Amendment to Proposition 65 Warning Requirements for Acrylamide

Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals it has determined to cause cancer, or birth defects, or other reproductive harm. Since California has the…more

California, OEHHA, Proposed Amendments, Proposition 65, Warning Labels

See all updates »

Five Initial Takeaways from the SEC’s Proposed Rules Requiring Companies to Disclose Climate Risks and GHG Emissions Data

On March 21, the U.S. Securities Exchange Commission (SEC) proposed far-reaching climate-related disclosure rules for public companies that do business in the United States. In a 3-1 vote, the SEC proposed rules that would…more

Capital Markets, Carbon Emissions, Climate Change, Compliance, Corporate Counsel

See all updates »

Fifth Circuit's German Pellets Opinion: Risks of Nonparticipation in Bankruptcy for Creditors

A significant recent decision by the Fifth Circuit Court of Appeals in the case of Raymond James & Assocs. V. Jalbert (In re German Pellets La., L.L.C.), 91 F.4th 802 (5th Cir. 2024) (German Pellets), underscores the potential…more

Appeals, Chapter 11, Enforcement, Indemnification, Liquidation

See all updates »

Georgia Supreme Court Holds Life Insurance Policies Taken Out With Intent to Sell are Lawful

On October 25, 2022, the Supreme Court of Georgia answered a certified question from the Eleventh Circuit Court of Appeals concerning Georgia’s insurable interest statute, OCGA § 33-24-3 (1995)…more

Appeals, GA Supreme Court, Insurable Interests, Insurance Industry, Life Insurance

See all updates »

Significant New Private Fund Rules Adopted by SEC

On August 23, 2023, in its efforts to promote transparency for investors by increasing visibility into compensation schemes, sales practices, and conflicts of interest, the US Securities and Exchange Commission (SEC) adopted…more

Administrative Procedure Act, Attorney's Fees, Audits, Clawbacks, Compensation

See all updates »

Fed Announces Key Changes to Main Street Lending Program

Revised term sheets and FAQs issued by the Federal Reserve Board expand the program and provide additional guidance for borrowers affected by the COVID-19 crisis. A chart outlining the updated term sheets can be found in the…more

Borrowers, Lenders, Main Street Lending Programs

See all updates »

Major League Cricket Launches in the United States

On Thursday, July 13, 2023, Major League Cricket (MLC) launched its inaugural season to a sold-out stadium in Grand Prairie, Texas. The Texas Super Kings beat the Los Angeles Knight Riders by 69 runs, in an exciting opening…more

Athletes, Endorsements, Sponsorship Agreements, Sports

See all updates »

NYS Insurance Regulators to Health Insurers: Ensure Your Networks Are Adequate

On February 21, Superintendent Adrienne A. Harris of the New York State Department of Financial Services (DFS) unveiled a proposed regulation, 11 NYCRR 38. If adopted, this regulation, would establish network adequacy…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Labor (DOL), Health Care Providers, Health Insurance

See all updates »

New York City Will Allow a Private Right of Action for Violations of Earned Sick and Safe Time Act

Effective March 20, New York City will allow “any person” to bring a private right of action for violations of the Earned Sick and Safe Time Act. As a result, New York City employers are encouraged to review their safe and sick…more

City of New York, Corporate Counsel, Earned Sick and Safe Time Act, Full-Time Employees, Joint Employers

See all updates »

Managing Risk: Supply Chain Disruptions and Market Price Volatility in the Construction Industry

Following a challenging year due to the worldwide impact of COVID-19 and natural disasters, industry experts and economists are forecasting growth in the construction industry. Paused projects have re-started, restrictions have…more

Construction Industry, Coronavirus/COVID-19, Infrastructure, Market Price, Market Volatility

See all updates »

ArentFox Schiff Issues the First Global Definitive Legal Guide for Industries Navigating AI

Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and…more

Advertising, Artificial Intelligence, Automotive Industry, Biometric Information, Clean Energy

See all updates »

The New Players in the Sports Industry: NFTs, Fan Tokens, and Blockchain

The adoption of blockchain can be seen across many industries, but perhaps nowhere is it happening faster than in the sports sector. While many factors have led to the rise of blockchain, the advent of non-fungible tokens (NFTs)…more

Blockchain, Digital Assets, Non-Fungible Tokens (NFTs), Online Marketplace, Popular

See all updates »

Key Considerations Before Trade Associations Cross Over Into the Metaverse

The Metaverse offers broad opportunities for trade associations to expand their reach and enhance member experiences like never before. These new and exciting possibilities, however, come with unique challenges. This alert gives…more

Blockchain, Coronavirus/COVID-19, Digital Assets, Licensing Rules, Metaverse

See all updates »

Class Action Year in Review: Biometric Privacy

2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Data Privacy

See all updates »

Rounding Employee Time in California Is Called Into Question Under New Appellate Decision

While neutral rounding policies have historically been approved by California courts, the Sixth District California Court of Appeal recently held in Camp v. Home Depot, 84 Cal.App.5th 638 (2022), that employers who utilize…more

Appeals, CA Supreme Court, California, Compensation, Summary Judgment

See all updates »

Look Before You Leap: Nine Fundamentals of Effective Subpoena Responses for Nonprofits and Associations

Nonprofits and associations commonly receive subpoenas. Though it can be stressful to receive one, engaging in appropriate due diligence can help an organization effectively manage its response…more

Attorney-Client Privilege, Data Preservation, Federal Rules of Civil Procedure, Forum, Government Investigations

See all updates »

2023 Trade Secrets End of Year Report

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade…more

Competition, Confidential Information, Contract Terms, Cybersecurity, Damages

See all updates »

Amendment to Subchapter V of Chapter 11 Clarifies Affiliates' Eligibility for Streamlined Restructuring Process

On June 21, 2022, President Biden signed the Bankruptcy Threshold Adjustment and Technical Corrections Act into law. As we reported here, the Bankruptcy Corrections Act revived the $7.5 million eligibility threshold for…more

Bankruptcy Court, Chapter 11, Corporate Restructuring, Debtors, Liquidated Damages

See all updates »

California Employers Face Feb. 14 Deadline and Tighter Non-Compete Prohibitions

California has long had the most restrictive laws against employee non-compete agreements. Effective January 1, two new legislative bills, Senate Bill 699 and Assembly Bill 1076, tightened California’s restrictions even further…more

Appeals, CA Supreme Court, California, Deadlines, Declaratory Judgments

See all updates »

FTC Proposes Rule to Ban Hidden and Falsely Advertised Fees

The Federal Trade Commission (FTC) has proposed a new rule aimed at eliminating certain "hidden" and "junk" fee practices. The FTC said that these fees, which may be undisclosed until late in the transaction process, are…more

Consumer Financial Protection Bureau (CFPB), Department of Transportation (DOT), Enforcement, False Advertising, FCC

See all updates »

AI in 2024: What Every GC Needs to Know

As we enter into this second full year of the artificial intelligence (AI) revolution, a clear understanding of the technology and its legal implications becomes crucial for every General Counsel (GC). From understanding the…more

Artificial Intelligence, Copyright Office, Corporate Transparency Act, Fair Labor Standards Act (FLSA), Fair Use

See all updates »

Top 10 Legal Issues in the Cannabis Industry in 2024

In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And if…more

Artificial Intelligence, Cannabis Products, Cannabis-Related Businesses (CRBs), Capital Raising, DEA

See all updates »

Visa Reduces Its Merchant Surcharge Cap to 3% Effective April 15, 2023: Merchants Should Ensure They Are in Compliance to Avoid Fines, Fees and Litigation

Effective April 15, 2023, Visa has implemented a reduction in the permissible merchant surcharge to the lower of: (a) the merchant discount rate (MDR) for the applicable credit card or (b) 3%. The MDR is the fee charged to the…more

Compliance, Credit Cards, Fees, Fines, Noncompliance

See all updates »

Bankruptcy Court Rules Payment of Default Interest is Required to Reinstate Defaulted Loan

With rising interest rates, one strategy a debtor can pursue as part of a reorganization is to reinstate a defaulted loan that has a below market rate. As the bankruptcy court for the Southern District of New York recently ruled…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Debtors, Financial Planning

See all updates »

Competing PAGA Plaintiffs Lack Standing to Intervene or Challenge Settlements of Other Plaintiffs

In a positive development for employers faced with competing Private Attorneys General Act (PAGA) actions, on September 30, 2021, the California Court of Appeals (Second District, Division Four) held in Turrieta v. Lyft., Inc…more

Appeals, Class Action, Lyft, Private Attorneys General Act (PAGA), Reverse Auctions

See all updates »

Eight Issues That Will Impact the Hospitality Industry in 2024

After seemingly bouncing back from the challenges posed by the COVID-19 pandemic and related labor, supply chain, and governmental mandate issues, the hospitality industry experienced a year of volatility in 2023, with…more

Artificial Intelligence, Corporate Transparency Act, Debt, Employee Definition, Employee Retention

See all updates »

EEOC Finalizes Long-Delayed Harassment Guidance

On April 29, the US Equal Employment Opportunity Commission (EEOC) published its final guidance on workplace harassment. The final guidance addresses key updates in harassment law, including the US Supreme Court’s decision in…more

Anti-Harassment Policies, Bostock v Clayton County Georgia, Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Harassment

See all updates »

Congress Extends PPP Application Period Until End of May

On March 25, 2021, Congress passed the PPP Extension Act of 2021 (PPP Extension Act), to extend the application window for small businesses to apply for Paycheck Protection Program (PPP) loans by an additional two months…more

Coronavirus/COVID-19, Filing Deadlines, Patent Applications, Paycheck Protection Program (PPP), SBA

See all updates »

Class Action Year in Review: Labor & Employment - March 2024

The use of arbitration agreements between employers and employees is a long-standing practice that has become an integral part of employment dispute resolution across the country. Employers often use arbitration agreements…more

Arbitration, Arbitration Agreements, Boy Scouts, Class Action, Collective Actions

See all updates »

Michigan Sales and Use Tax Acts Amendment Expands Tax Exemption for Industrial Processing

On May 8, 2023, the Michigan Sales and Use Tax Acts were amended to allow an industrial processing tax exemption for property used for the production, manufacturing, or recycling of “aggregate” materials, which include common…more

Industrial Products, Proposed Amendments, Sales & Use Tax, Tax Exemptions

See all updates »

A Sweeping Overhaul: An Employer’s Guide to the Latest Expansion of New York State’s Discrimination Laws

After enacting progressive sexual harassment laws just last year, New York State (NYS) lawmakers have once again strengthened employee protections in the workplace. Governor Cuomo signed Assembly Bill No. 8421 into law on August…more

Affirmative Defenses, Anti-Harassment Policies, Corporate Counsel, Employer Liability Issues, Employment Contract

See all updates »

SCOTUS Holds That SOX Whistleblowers Are Not Required to Prove Retaliatory Intent

In a victory for whistleblowers, a unanimous US Supreme Court has held that a whistleblower invoking the Sarbanes-Oxley Act of 2002, 18 U.S.C. §1514A(a) (SOX) is not required to prove that his or her employer acted with…more

Anti-Discrimination Policies, Retaliation, Sarbanes-Oxley, SCOTUS, Securities and Exchange Commission (SEC)

See all updates »

Patenting AI: How US Patent System Evolves To Keep Up With the AI Revolution

The rise of artificial intelligence (AI) applications in recent years has been accompanied by a surge in patent filings by AI developers. But like many other emerging technologies before it, AI inventions face patent eligibility…more

Alice Corporation, Artificial Intelligence, CLS Bank v Alice Corp, Intellectual Property Protection, Machine Learning

See all updates »

Sentencing Commission Proposes Amendment to Limit ‘Acquitted Conduct’

On Wednesday, April 17, the US Sentencing Commission dramatically restricted consideration of so-called “acquitted conduct” when courts determine criminal sentences under the Guidelines Manual. The guidelines that permitted…more

Criminal Defense, Fraud, New Rules, SCOTUS, Theft

See all updates »

Sentencing Commission Proposes Amendment to Limit ‘Acquitted Conduct’

On Wednesday, April 17, the US Sentencing Commission dramatically restricted consideration of so-called “acquitted conduct” when courts determine criminal sentences under the Guidelines Manual. The guidelines that permitted…more

Criminal Defense, Fraud, New Rules, SCOTUS, Theft

See all updates »

FTC Proposes Rule to Ban Hidden and Falsely Advertised Fees

The Federal Trade Commission (FTC) has proposed a new rule aimed at eliminating certain "hidden" and "junk" fee practices. The FTC said that these fees, which may be undisclosed until late in the transaction process, are…more

Consumer Financial Protection Bureau (CFPB), Department of Transportation (DOT), Enforcement, False Advertising, FCC

See all updates »

A Win for the SEC on Shadow Trading. Now What?

On April 5, 2014, after an eight-day trial and a few hours of deliberation, a federal jury entered a verdict for the US Securities and Exchange Commission (SEC) and found that Matthew Panuwat had engaged in insider trading when…more

Acquisitions, Insider Trading, Motion to Dismiss, Non-Public Information, Policies and Procedures

See all updates »

Investigations Newsletter: Owner of Telemedicine Companies Settles $110 Million Health Care Fraud Claim

Owner of Telemedicine Companies Settles $110 Million Health Care Fraud Claim - Steven Richardson, the owner of telemedicine companies Expansion Media, LLC and Hybrid Management Group LLC, agreed to settle allegations that he…more

Department of Justice (DOJ), Enforcement Actions, False Billing, Fraud and Abuse, Health Care Providers

See all updates »

Design Patent Obviousness in the Automotive Industry - LKQ Corp. v. GM Global Technology Operations LLC and the Rosen-Durling Test

LKQ Corp. v. GM Global Technology Operations LLC has brought attention to the ongoing debate surrounding design patent law, particularly with respect to the Rosen-Durling test for design patent obviousness. The outcome of this…more

Automotive Industry, Design Patent, Intellectual Property Protection, Obviousness, Patent Litigation

See all updates »

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Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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