ArentFox Schiff

Anthem Set to Settle Five-Year Long Mental Health Coverage Class Action

Anthem Inc. has agreed to settle a class action lawsuit brought by participants in employee health plans administered by the insurer…more

Class Action, Employee Benefits, Employer Group Health Plans, Health Insurance, Healthcare

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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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A Tale of Two Recent QTIP Trust Termination Cases — Anenberg and McDougall

Through the years, the US Tax Court has provided significant clarification on the gift tax consequences of terminating qualified terminable interest property (QTIP) trusts. Two new cases in 2024, Estate of Sally J. Anenberg v…more

Estate Planning, Estate Tax, Gift Tax, Internal Revenue Code (IRC), IRS

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Trump Executive Orders Signal Potential Changes in Environmental Policy Impacting Agriculture

The new Administration under President Trump is now over a month old, but there remains some uncertainty as to how the Administration will approach agricultural policy. The Administration’s first wave of environmental…more

CEQ, Department of Agriculture, Endangered Species Act (ESA), Environmental Policies, Environmental Protection Agency (EPA)

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GEMINI Spells Double Trouble for Google’s AI: Gemini Data, Inc. Sues for Trademark Infringement and USPTO Rejects GEMINI Trademark Applications

Gemini Data, Inc., a data analytics company that leverages artificial intelligence (AI) technologies, has filed a federal complaint against Google LLC in the US District Court for the Northern District of California, alleging…more

Artificial Intelligence, Enforcement, Google, Trademark Application, Trademark Infringement

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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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Gender-Affirming Care for Minors: Executive Order 14187 and Its Implications for Hospitals and Health Systems

President Trump’s Executive Order (EO) 14187, “Protecting Children from Chemical and Surgical Mutilation,” represents a significant shift in federal policy regarding gender-affirming care (GAC) for minors…more

Constitutional Challenges, Department of Health and Human Services (HHS), Executive Orders, Federal Funding, Gender Identity

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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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Design Disputes: Unraveling the Tapestry of Legal Trends for Litigation in the Furniture and Design Worlds

In the fast-paced and competitive world of furniture and design, where partnerships and innovations flourish, but consumers’ attention is increasingly divided, legal disputes are increasingly common…more

Contract Terms, Copyright, Fair Use, False Advertising, Intellectual Property Litigation

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Prop 65 Roundup - March 2025

Top Legal Challenges for the Consumer Products Industry in 2025 - With 2025 underway, the AFS Consumer Products team highlights some of the most pressing legal issues facing the consumer products industry this year…more

California, Consumer Product Companies, Hazardous Substances, Manufacturers, New Regulations

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What Employers and Nonprofits Should Know About Trump’s Executive Order Banning Diversity Preferences

Following his inauguration on January 20, President Trump signed a slew of executive orders, including a handful related to Diversity, Equity, and Inclusion (DEI) initiatives…more

Affirmative Action, Civil Rights Act, Compliance, Corporate Counsel, Department of Labor (DOL)

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Colorado Takes Lead in Artificial Intelligence Regulation

On May 17, Colorado Governor Jared Polis signed into law the Colorado Artificial Intelligence Act (SB 205), making the state the first to enact a comprehensive legislative framework to regulate artificial intelligence (AI)…more

Algorithms, Artificial Intelligence, Discrimination, Enforcement, Penalties

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Anthem Set to Settle Five-Year Long Mental Health Coverage Class Action

Anthem Inc. has agreed to settle a class action lawsuit brought by participants in employee health plans administered by the insurer…more

Class Action, Employee Benefits, Employer Group Health Plans, Health Insurance, Healthcare

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Trade Secrets and Noncompete Agreements: Analysis of Significant Cases and Emerging Trends

Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that was…more

Corporate Counsel, Employment Contract, Employment Litigation, Federal Trade Commission (FTC), Intellectual Property Protection

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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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Federal Circuit Expands Scope of Activities That Can Establish a ‘Domestic Industry’ Under Section 337

On March 5, the US Court of Appeals for the Federal Circuit issued a decision in Lashify, Inc. v. International Trade Commission, No. 23-1245, vacating in part the International Trade Commission’s (ITC) determination that…more

Design Patent, Foreign Corporations, Intellectual Property Litigation, International Trade Commission (ITC), Patent Litigation

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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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The Top 10 Legal Issues for CFOs and GCs of Fashion and Retail Companies

In 2025, the retail and fashion industries are bracing for a transformative year, heavily influenced by the policies of the new Trump Administration. These policies promise rapid and significant changes, particularly in areas…more

Americans with Disabilities Act (ADA), Artificial Intelligence, CIPA, Class Action, Commercial Bankruptcy

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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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In-House Counsel Should Advise Their Companies to Assess the Political Risks of Their Business Decisions

Right now, much about the world is uncertain. Risks posed by political changes dominate the headlines and also weigh heavily on many decisions made by businesses, their advisors, and their stakeholders…more

Anti-Money Laundering, Compliance, Corporate Counsel, Corporate Governance, Department of Justice (DOJ)

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Tennessee Passes Law That Requires ‘Best Science Available’ for PFAS Regulations

Tennessee lawmakers are setting a new precedent in chemical regulation, including per- and polyfluoroalkyl substances (PFAS), by signing into law an industry-backed bill that requires the use of the “best science available” when…more

Environmental Policies, Federal Rules of Evidence, Hazardous Substances, New Legislation, PFAS

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Illinois Amends One Day Rest in Seven Act to Prohibit Retaliation

The One Day Rest in Seven Act is an Illinois law providing employees with the right to meal breaks and one full day of rest each work week…more

Amended Legislation, Department of Labor (DOL), Employee Benefits, Employee Rights, Illinois

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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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ESG Update: Political Pressure and Courts Roll Back Corporate ESG Efforts

The second Trump presidency has arrived. With it – and particularly the Trump Administration’s push back on diversity, equity, and inclusion (DEI) programming at many levels – many organizations are under increased pressure to…more

Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Executive Orders

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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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USPTO Rescinds Vidal’s 2022 Guidance on PTAB Discretionary Denials

On February 28, the US Patent and Trademark Office (USPTO) rescinded former Director Kathi Vidal’s 2022 memorandum on discretionary denials in Patent Trial and Appeal Board (PTAB) post-grant proceedings running parallel to…more

Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding, International Trade Commission (ITC), Patent Litigation, Patent Trial and Appeal Board

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An Opportunity for Review: What Are ‘Wages’ Under the Massachusetts Wage Act?

In a rare positive decision for employers in Massachusetts, one of the Commonwealth’s district appellate courts held that a retention bonus is not a wage under the Massachusetts “Wage Act” (G.L. c. 149, § 148). Massachusetts’…more

Bonuses, Breach of Contract, Compensation, Employee Retention, Penalties

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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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Trade Secrets and Noncompete Agreements: Analysis of Significant Cases and Emerging Trends

Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that was…more

Corporate Counsel, Employment Contract, Employment Litigation, Federal Trade Commission (FTC), Intellectual Property Protection

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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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Breaking: Third Circuit Declares Mallinckrodt’s Future Royalty Payment Obligations Dischargeable – Caution, Warning, and Options

On April 25, the US Court of Appeals for the Third Circuit issued its precedential opinion in Mallinckrodt v. Sanofi-Aventis, Case No. 23-1111, reminding everyone that “creditors take on risks” when it ruled that the debtor…more

Appeals, Bankruptcy Code, Commercial Bankruptcy, Dischargeable Debts, Intellectual Property Protection

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As the (Customs and Trade) World Turns: December 2024

Welcome to the December 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

Automotive Industry, China, Customs and Border Protection, De Minimus Doctrine, Department of Homeland Security (DHS)

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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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SEC’s Division of Corporation Finance: Stablecoins Are Not Securities

On April 4, the Division of Corporation Finance of the US Securities and Exchange Commission (SEC) issued a statement providing clarity on the application of federal securities laws to stablecoins, specifically those designed to…more

Cryptocurrency, Digital Assets, Financial Markets, Howey, Investment

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Breaking: Third Circuit Declares Mallinckrodt’s Future Royalty Payment Obligations Dischargeable – Caution, Warning, and Options

On April 25, the US Court of Appeals for the Third Circuit issued its precedential opinion in Mallinckrodt v. Sanofi-Aventis, Case No. 23-1111, reminding everyone that “creditors take on risks” when it ruled that the debtor…more

Appeals, Bankruptcy Code, Commercial Bankruptcy, Dischargeable Debts, Intellectual Property Protection

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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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The Sunset of the Doubled Estate, Gift, and GST Tax Exclusion Amounts After December 31, 2025

The TCJA doubled the lifetime exclusion and GST tax exemption. This exclusion amount, adjusted for inflation, is now $13.61 million and is expected to be approximately $13.99 million in 2025. However, in 2026, the amount will…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, Grantor Retained Annuity Trusts (GRATs), Inflation Adjustments

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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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FDA’s Attempt to Regulate Lab-Developed Tests Struck Down in Federal Court

On March 31, a judge in the Eastern District of Texas vacated the US Food and Drug Administration’s (FDA) rule that sought to regulate laboratory-developed tests (LDTs) as medical devices under the Federal Food, Drug, and…more

Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules, Food and Drug Administration (FDA)

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Changes in DOJ Policy on Digital Assets Enforcement

On April 7, the Deputy Attorney General (DAG) Todd Blanche issued a memorandum entitled “Ending Regulation By Prosecution,” detailing a significant shift in the US Department of Justice’s (DOJ) approach to digital assets…more

Criminal Prosecution, Cryptocurrency, Department of Justice (DOJ), Digital Assets, Enforcement Actions

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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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California Attorney General Warns That FCPA Violations Are Actionable Under the State’s Unfair Competition Law

On April 2, California Attorney General (AG) Rob Bonta issued an alert reminding businesses operating in California that it is illegal to violate the Foreign Corrupt Practices Act (FCPA)…more

Anti-Corruption, Bribery, California, Compliance, Corporate Governance

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Important Recent Developments in Massachusetts Affecting Assisted Living Residence Operators

In November, we wrote about Massachusetts legislative and regulatory updates that impact both nursing homes and assisted living residences…more

Assisted Living Facilities (ALFs), Class Action, Consumer Protection Laws, Fees, Low-Income Issues

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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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Important Update on Tariffs and Their Impact on the Construction Industry

President Trump recently announced new and increased tariffs affecting key construction materials. The on-again, off-again nature of the Trump Administration’s tariff measures are contributing to the economic uncertainty in the…more

Aluminum Sales, Canada, China, Construction Contracts, Construction Industry

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Breaking News: SEC Withdraws Its Defense of Climate Disclosure Regulations

On March 27, the US Securities and Exchange Commission (SEC) announced that it will no longer defend Biden-era regulations requiring large corporations to disclose the impacts of climate change on their businesses. This…more

Biden Administration, Climate Change, Disclosure Requirements, Investors, Publicly-Traded Companies

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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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What Employers Need to Know About the Recent EEOC Guidance to Health Care Providers on the Pregnant Workers Fairness Act

On June 27, 2023, the Pregnant Workers Fairness Act (PWFA), a federal law enforced by the US Equal Employment Opportunity Commission (EEOC), went into effect. The PWFA mandates that employers with at least 15 employees, along…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Anti-Retaliation Provisions, Compliance, Confidentiality Policies

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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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Top Legal Challenges for the Consumer Products Industry in 2025

With 2025 underway, the AFS Consumer Products team highlights some of the most pressing legal issues facing the consumer products industry this year…more

California, Class Action, Compliance, Consumer Litigation, Consumer Product Safety Commission (CPSC)

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Federal Building Reconfiguration and Redevelopment May Be Ripe for Federal/District Collaboration

The COVID-19 pandemic and resulting increase in federal telework have reduced the daily usage of federal buildings in Washington, DC. Over the last few years, Mayor Muriel Bowser has not been shy in highlighting the economic…more

Community Development, Coronavirus/COVID-19, Federal Funding, GAO, General Services Administration (GSA)

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Investigations Newsletter: DOJ Reports Nearly $3 Billion in FCA Settlements, Judgments for FY 2024

DOJ Reports Nearly $3 Billion in FCA Settlements, Judgments for FY 2024 - On January 15, the US Department of Justice (DOJ) reported that settlements and judgments under the False Claims Act (FCA) totaled more than $2.9…more

Criminal Prosecution, Cryptocurrency, Department of Justice (DOJ), False Claims Act (FCA), Fraud

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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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What Private Companies and Family Offices Need to Consider in 2025

Across all industries, private companies, family offices, and their owners and management teams face rapidly evolving challenges, opportunities, and risks in the dynamic environment that is 2025. Here are 11 issues that family…more

Acquisitions, Arbitration, Artificial Intelligence, Beneficial Owner, Business Succession

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Hospitality Trends: 10 Legal Issues for Companies in 2025

As the first quarter comes to a close, the ArentFox Schiff Hospitality Industry team reviews 10 of the most pressing legal issues for hospitality companies for 2025…more

Artificial Intelligence, California, Diversity and Inclusion Standards (D&I), Employment Discrimination, Hospitality Industry

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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: Seventh Circuit Considers When Legal Marketing Transforms Into Illegal Kickbacks

Seventh Circuit Considers When Legal Marketing Transforms Into Illegal Kickbacks - On December 4, the US Court of Appeals for the Seventh Circuit heard oral arguments regarding whether the January 2023 jury conviction of Mark…more

Anti-Kickback Statute, Appeals, Bribery, Department of Justice (DOJ), Fraud

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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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Accessing Privileged Documents in Illinois Ownership Disputes

Business divorces are often messy. The reasons for business divorces vary – personality-driven disputes, disagreements over business direction, or timing and distribution of earnings. Whatever the reason, when controlling owners…more

Attorney-Client Privilege, Books & Records, Business Divorce, Business Ownership, Illinois

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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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Silence Is Golden: Court of Appeal Expands Legal Protections for California Medical Staffs

Expanding on the peer review protections established in Bonni v. St. Joseph Health System, the California Court of Appeal in Dignity Health v. Mounts held that a wide array of medical staff communications regarding peer review…more

Appeals, California, Due Process, Fraudulent Inducement, Healthcare Workers

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Breaking: Third Circuit Declares Mallinckrodt’s Future Royalty Payment Obligations Dischargeable – Caution, Warning, and Options

On April 25, the US Court of Appeals for the Third Circuit issued its precedential opinion in Mallinckrodt v. Sanofi-Aventis, Case No. 23-1111, reminding everyone that “creditors take on risks” when it ruled that the debtor…more

Appeals, Bankruptcy Code, Commercial Bankruptcy, Dischargeable Debts, Intellectual Property Protection

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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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Diffusing the ‘Nuclear’ Verdict Through Strategic Defense

Runaway verdicts against large corporations are on the rise. Recently, ExxonMobil was hit with a $725 million verdict in a single-plaintiff case when the jury found that the company failed to warn consumers about the potential…more

Compensatory Damages, Daubert Standards, Jury Trial, Punitive Damages, Recordkeeping Requirements

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Generative AI Meets Generative Litigation: News Corp Continues Its Battle Against Perplexity AI

Plaintiffs Dow Jones & Company, Inc., NYP Holdings, Inc., and corporate parent News Corporation have renewed their intellectual property (IP) complaint against artificial intelligence (AI)-powered “answer engine” Perplexity AI…more

Artificial Intelligence, Copyright, Copyright Infringement, Damages, Dilution

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Federal Circuit Expands Scope of Activities That Can Establish a ‘Domestic Industry’ Under Section 337

On March 5, the US Court of Appeals for the Federal Circuit issued a decision in Lashify, Inc. v. International Trade Commission, No. 23-1245, vacating in part the International Trade Commission’s (ITC) determination that…more

Design Patent, Foreign Corporations, Intellectual Property Litigation, International Trade Commission (ITC), Patent Litigation

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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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ICSID Releases Its 2024 Annual Report: Second-Highest Caseload in History and Membership Expansion

On October 25, the International Centre for Settlement of Investment Disputes (ICSID) released its 2024 Annual Report, which highlights significant trends and statistics in ICSID’s cases during the fiscal year ending on June 30,…more

Annual Reports, Arbitration, Bilateral Investment Treaties, CAFTA-DR, Compliance

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ITC Substantively Amends its Rules of Practice and Procedure Governing Section 337 Investigations

Effective February 3, the US International Trade Commission (ITC) amended its Rules of Practice and Procedure governing Section 337 investigations. While some of these amendments make technical corrections and clarifications,…more

Administrative Procedure Act, Amended Rules, Depositions, Discovery, Federal Rules of Civil Procedure

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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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Major Restructuring of the US Department of Health and Human Services

On March 27, the US Department of Health and Human Services (HHS) announced a significant restructuring initiative in accordance with President Trump’s Executive Order, “Implementing the President’s Department of Government…more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Employees, Executive Orders

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Trade Secrets and Noncompete Agreements: Analysis of Significant Cases and Emerging Trends

Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that was…more

Corporate Counsel, Employment Contract, Employment Litigation, Federal Trade Commission (FTC), Intellectual Property Protection

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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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Non-Cannabis Brands Capitalizing on Cannabis Culture: Marketing Opportunities for 4/20 and Beyond

As 4/20 approaches, the cannabis industry is aflame with trends and opportunities that extend beyond traditional boundaries. Recent insights reveal a dynamic shift in consumer behavior and consumption methods, offering an…more

Advertising, Cannabis Products, Cannabis-Related Businesses (CRBs), Centers for Disease Control and Prevention (CDC), Consumer Protection Laws

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Countdown to January 1, 2025: Are You Ready to File Your BOI Report With FinCEN?

As the fourth quarter approaches, entities should be aware of their Corporate Transparency Act (CTA) compliance obligations. A company is considered a “reporting company” under the CTA if it is formed by making a filing with a…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Reporting Requirements

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What Private Companies and Family Offices Need to Consider in 2025

Across all industries, private companies, family offices, and their owners and management teams face rapidly evolving challenges, opportunities, and risks in the dynamic environment that is 2025. Here are 11 issues that family…more

Acquisitions, Arbitration, Artificial Intelligence, Beneficial Owner, Business Succession

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Top 10 Issues in the Cannabis Industry for 2025

It is not all doom and gloom for the cannabis industry this year; positive developments across states and the potential (albeit remote) for federal rescheduling means the cannabis industry can expect ongoing advancements…more

Cannabis Products, Compliance, Controlled Substances Act, Corporate Transparency Act, Data Privacy

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Trade Secrets and Noncompete Agreements: Analysis of Significant Cases and Emerging Trends

Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that was…more

Corporate Counsel, Employment Contract, Employment Litigation, Federal Trade Commission (FTC), Intellectual Property Protection

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US Supreme Court Holds No Limit to Number of Years for Which Copyright Infringement Damages Are Recoverable Under the “Discovery Rule”

For copyright infringement lawsuits timely filed by plaintiffs availing themselves of the “discovery rule” — to determine when their infringement claims accrued — the US Supreme Court has issued a decision concerning the extent…more

Copyright, Copyright Infringement, Copyright Ownership, Petrella v. MGM, SCOTUS

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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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Investigations Newsletter: Massachusetts District Court Judge Applies Heightened Causation Standard in FCA Case

Massachusetts District Court Judge Applies Heightened Causation Standard in FCA Case - On January 6, a District Court of Massachusetts judge granted summary judgment for defendants on allegations of violating the…more

Anti-Kickback Statute, Causation, Compliance, Department of Justice (DOJ), False Claims Act (FCA)

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Federal Circuit Refuses to Extend IPR Estoppel to Unadjudicated Patent Claims

In Kroy IP Holdings, LLC v. Groupon, Inc., 127 F.4th 1376 (Fed. Cir. 2025), the Federal Circuit held that patentees in district court are not collaterally estopped from asserting claims that were not immaterially different from…more

Appeals, Estoppel, Intellectual Property Litigation, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding

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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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Post-Election Outlook for Regulation of Artificial Intelligence

In recent years, Americans and policymakers in Washington, DC, have become increasingly fixated on artificial intelligence (AI), especially generative AI, and the economic and social considerations associated with the…more

Artificial Intelligence, China, Copyright, Deregulation, Federal Trade Commission (FTC)

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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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As the (Customs and Trade) World Turns: April 2025

Welcome to the April 2025 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

Bureau of Industry and Security (BIS), China, Country of Origin, Customs and Border Protection, Economic Sanctions

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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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The High Stakes of NILs: MLB Players Inc. Challenges DraftKings and bet365 Over NIL Rights

In a legal clash between MLB Players Inc. (MLBPI) and sports betting companies, DraftKings and bet365, the US District Court for the Eastern District of Pennsylvania denied the defendants’ motions to dismiss…more

Advertising, DraftKings, First Amendment, Intellectual Property Litigation, MLB

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White Collar and Enforcement Outlook 2025

With 2025 underway, the ArentFox Schiff White Collar team highlights the US Department of Justice’s (DOJ) new enforcement priorities and two cases pending before the US Supreme Court that could have sweeping implications for…more

Criminal Prosecution, Department of Justice (DOJ), Enforcement, Enforcement Actions, Foreign Agents Registration Act (FARA)

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Big Baller, Shot Caller: High School Athletes and the Emerging NIL Framework

In May, a top-ranked wide receiver from the two-time reigning state champion football program at DeSoto High School in Texas tweeted his disappointment that California, Georgia, Florida, and even Louisiana allow high school…more

Compensation, Compliance, Endorsements, Name and Likeness, Student Athletes

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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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White Collar and Enforcement Outlook 2025

With 2025 underway, the ArentFox Schiff White Collar team highlights the US Department of Justice’s (DOJ) new enforcement priorities and two cases pending before the US Supreme Court that could have sweeping implications for…more

Criminal Prosecution, Department of Justice (DOJ), Enforcement, Enforcement Actions, Foreign Agents Registration Act (FARA)

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California Law Seeking to Regulate Social Media Use by Minors Raises First Amendment Issues

California recently enacted the Protecting Our Kids from Social Media Addiction Act, sparking pushback from online entities who argue the law is an unconstitutional restriction on children’s First Amendment rights and a…more

Algorithms, Artificial Intelligence, California, Constitutional Challenges, Enforcement

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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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Taking Stock – Summary of BIS Actions From Fall 2024, and Peek at What Is Next Under the Trump Administration

President Trump’s first months in office have been busy, but, in the export control world, we have been grateful for a brief respite from the mind-bending, hundreds-of-pages-long, industry-changing rules that the US Department…more

Artificial Intelligence, Biden Administration, Bureau of Industry and Security (BIS), China, Export Controls

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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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EPA Considering Rule That Could Eventually Preempt State Bans on PFAS

According to an anonymous US Environmental Protection Agency (EPA) employee, the agency is considering whether to propose a rule that would require the agency to reevaluate the health and environmental risks of certain…more

California, Environmental Protection Agency (EPA), Manufacturers, PFAS, Preemption

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Trade Secrets and Noncompete Agreements: Analysis of Significant Cases and Emerging Trends

Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that was…more

Corporate Counsel, Employment Contract, Employment Litigation, Federal Trade Commission (FTC), Intellectual Property Protection

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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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Trade Secrets and Noncompete Agreements: Analysis of Significant Cases and Emerging Trends

Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that was…more

Corporate Counsel, Employment Contract, Employment Litigation, Federal Trade Commission (FTC), Intellectual Property Protection

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Nonprofit’s Diversity Scholarship Program Challenged in Federal Court

On March 5, Do No Harm filed a lawsuit against the American Chemical Society (ACS), a 501(c)(3) nonprofit organization, challenging a scholarship program for undergraduate students from historically underrepresented groups in…more

Affirmative Action, Anti-Discrimination Policies, Civil Rights Act, Contract Terms, Discrimination

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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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The Big Six Items That Family Offices Need to Consider in 2025

Across all industries, family offices and their owners and management teams face rapidly evolving challenges, opportunities, and risks in the dynamic environment that is 2025. Here are six issues that family offices should…more

Business Succession, Buy-Sell Agreements, Corporate Transparency Act, Estate Tax, Ethics

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AI in Family Offices: Navigating the AI Frontier in Wealth Management and Fiduciary Liability

Artificial intelligence (AI) has made waves across various industries, and wealth management is no exception. AI’s ability to analyze vast amounts of data and generate insightful reports has the potential to significantly…more

Artificial Intelligence, Client Services, Ethics, Family Offices, Fiduciary Liability Insurance

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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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Back to the Antitrust Basics: FTC and DOJ Call for Case-by-Case Enforcement With the Withdrawal of Longstanding Competitor Collaboration Antitrust Guidelines

With the US Department of Justice (DOJ) and Federal Trade Commission (FTC) withdrawing yet another set of antitrust compliance guidelines last month, companies that collaborate with their competitors — whether directly or…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Competition, Compliance

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SEC Cracks Down on Unregistered Broker-Dealers

StraightPath Venture Partners, LLC and PMAC Consulting have recently reached settlements with the US Securities and Exchange Commission (SEC) following SEC enforcement actions against them…more

Broker-Dealer, Enforcement Actions, Financial Services Industry, Fraud, Penalties

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Trump Takes Aim at Timber and Lumber Imports in New Executive Order

On March 1, President Trump issued an Executive Order (EO) requiring the US Department of Commerce (Commerce) to investigate the national security implications in connection with imports of timber, lumber, and their derivative…more

Executive Orders, Imports, Investigations, Lumber Industry, National Security

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Five Key Topics for Beverage and Food Companies in 2025

2025 will be a transformational year for the beverage and food industry, which has already been dramatically impacted by shifting market trends and profound policy changes. Here are the top five topics influencing the strategies…more

America First Trade Policy, Artificial Intelligence, Beverage Manufacturers, Department of Health and Human Services (HHS), Employer Liability Issues

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In-House Counsel Should Advise Their Companies to Assess the Political Risks of Their Business Decisions

Right now, much about the world is uncertain. Risks posed by political changes dominate the headlines and also weigh heavily on many decisions made by businesses, their advisors, and their stakeholders…more

Anti-Money Laundering, Compliance, Corporate Counsel, Corporate Governance, Department of Justice (DOJ)

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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: Seventh Circuit Reverses AKS Conviction Involving Allegations of Illegal Marketing and Advertising

Seventh Circuit Reverses AKS Conviction Involving Allegations of Illegal Marketing and Advertising - On April 14, the US Court of Appeals for the Seventh Circuit reversed the criminal conviction of Mark Sorensen after a jury…more

Anti-Kickback Statute, Appeals, Criminal Prosecution, Department of Justice (DOJ), Department of Veterans Affairs

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Design Patents Claiming Component Parts of a Larger Product Are Not Inherently Invalid

Until now, case law has defined an “article of manufacture” solely for purposes of damages in design patent infringement actions. For the first time, a federal court has now interpreted the term “article of manufacture” in…more

Design Patent, General Motors, Patent Infringement, Patent Validity, Patent-Eligible Subject Matter

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A Divided SCOTUS Invalidates Common Provisions of Clean Water Act Permits

In the US Supreme Court’s first post-Chevron decision involving the US Environmental Protection Agency (EPA) the Supreme Court found against EPA, invalidating ‘end result’ NPDES permit requirements…more

Chevron Deference, City and County of San Francisco v Environmental Protection Agency, Clean Water Act, Discharge of Pollutants, Environmental Litigation

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The High Stakes of NILs: MLB Players Inc. Challenges DraftKings and bet365 Over NIL Rights

In a legal clash between MLB Players Inc. (MLBPI) and sports betting companies, DraftKings and bet365, the US District Court for the Eastern District of Pennsylvania denied the defendants’ motions to dismiss…more

Advertising, DraftKings, First Amendment, Intellectual Property Litigation, MLB

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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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Can You Prevent AI From Scraping Your Website Data? District Court Says Answer Lies in Copyright Law

As the prevalence of artificial intelligence (AI) continues to rise, complex questions regarding the regulation of AI data scraping remain relevant to both website owners and web data collection companies. Though many websites…more

Artificial Intelligence, Breach of Contract, Copyright, Copyright Infringement, Data Collection

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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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What Private Companies and Family Offices Need to Consider in 2025

Across all industries, private companies, family offices, and their owners and management teams face rapidly evolving challenges, opportunities, and risks in the dynamic environment that is 2025. Here are 11 issues that family…more

Acquisitions, Arbitration, Artificial Intelligence, Beneficial Owner, Business Succession

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Deference in Trade Cases Post-Chevron: The Loper Bright SCOTUS Decision

On the penultimate day of its term, in Loper Bright v. Raimondo, the US Supreme Court overturned Chevron deference, which required that courts defer to a federal agency’s interpretation of the relevant law, as long as that…more

Administrative Procedure Act, Chevron Deference, Government Agencies, International Trade Commission (ITC), Judicial Authority

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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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What Will Tariff Increases and Uncertainty Mean for the Municipal Bond Market?

Don’t be fooled by the 90-day pause. It looks like high tariffs will be here to stay and we are in the midst of an all-out trade war with China, including a minimum 145% tariff…more

Canada, China, Federal Reserve, Free Trade Agreements, Healthcare

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Breaking News: SEC Withdraws Its Defense of Climate Disclosure Regulations

On March 27, the US Securities and Exchange Commission (SEC) announced that it will no longer defend Biden-era regulations requiring large corporations to disclose the impacts of climate change on their businesses. This…more

Biden Administration, Climate Change, Disclosure Requirements, Investors, Publicly-Traded Companies

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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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Tennessee Passes Law That Requires ‘Best Science Available’ for PFAS Regulations

Tennessee lawmakers are setting a new precedent in chemical regulation, including per- and polyfluoroalkyl substances (PFAS), by signing into law an industry-backed bill that requires the use of the “best science available” when…more

Environmental Policies, Federal Rules of Evidence, Hazardous Substances, New Legislation, 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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Know What You Don’t Know: What Are the Top Legal Issues Nonprofits and Associations Are Thinking Through Right Now?

The landscape is in flux right now for nonprofits, to say the least. To help structure your action plan, these are some of the top questions our Nonprofits & Associations team has been helping our clients think through…more

Antitrust Provisions, Antitrust Violations, Compliance, Copyright, Data Privacy

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California Claps Back on Insurer Use of AI to Deny Needed Medical Care Decisions

California is leading the way in ensuring that determinations of medically necessary health care services are made by licensed physicians and not artificial intelligence (AI) algorithms…more

Artificial Intelligence, California, Class Action, Compliance, Health Care Providers

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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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Strategies for Safeguarding AI Innovation: Navigating the Complex IP Landscape for AI Technologies

The protection of intellectual property (IP) is vital in the fiercely competitive artificial intelligence (AI) industry, necessitating a deep understanding of how the complex IP framework can be effectively leveraged to…more

Algorithms, Artificial Intelligence, Copyright, Copyright Infringement, Innovation

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Know What You Don’t Know: What Are the Top Legal Issues Nonprofits and Associations Are Thinking Through Right Now?

The landscape is in flux right now for nonprofits, to say the least. To help structure your action plan, these are some of the top questions our Nonprofits & Associations team has been helping our clients think through…more

Antitrust Provisions, Antitrust Violations, Compliance, Copyright, Data Privacy

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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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Navigating the Increased Prevalence of Massachusetts Skilled Nursing Facility Receiverships

This past year, in the wake of significant economic challenges facing the health care industry, an unprecedented number of receiverships were imposed upon skilled nursing facilities in Massachusetts. Historically, Massachusetts…more

Automatic Stay, Bankruptcy Code, Commercial Bankruptcy, Creditors, Financial Distress

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Hospitality Trends: 10 Legal Issues for Companies in 2025

As the first quarter comes to a close, the ArentFox Schiff Hospitality Industry team reviews 10 of the most pressing legal issues for hospitality companies for 2025…more

Artificial Intelligence, California, Diversity and Inclusion Standards (D&I), Employment Discrimination, Hospitality Industry

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Trade Secrets and Noncompete Agreements: Analysis of Significant Cases and Emerging Trends

Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that was…more

Corporate Counsel, Employment Contract, Employment Litigation, Federal Trade Commission (FTC), Intellectual Property Protection

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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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Court Decision: Worldwide Rights Lost When a Songwriter Terminates Under US Copyright Law

In its ruling in the case Cyril E. Vetter, Et Al. v. Robert Resnik, No. 23-1369-SDD-EWD (M.D. La. Jan. 29, 2025), the US District Court for the Middle District of Louisiana ruled that the US songwriter-plaintiff Vetter…more

Authorship, Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Protection

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Tennessee Passes Law That Requires ‘Best Science Available’ for PFAS Regulations

Tennessee lawmakers are setting a new precedent in chemical regulation, including per- and polyfluoroalkyl substances (PFAS), by signing into law an industry-backed bill that requires the use of the “best science available” when…more

Environmental Policies, Federal Rules of Evidence, Hazardous Substances, New Legislation, PFAS

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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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Six Questions Flowing From President Trump’s Recent Suite of Energy-Focused Actions

President Trump’s energy-focused ambitions will generate work for regulators at all levels of the government…more

Climate Change, Coal Industry, Energy Policy, Energy Sector, Executive Orders

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Understanding Suppliers’ Rights and Remedies in Retail and Hospitality Bankruptcies

On May 14, Outfox Hospitality LLC, the parent company of the retail chain Foxtrot Market, along with its affiliates, filed for Chapter 7 bankruptcy protection in the Bankruptcy Court for the District of Delaware, with the…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Chapter 7, Commercial Bankruptcy

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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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Federal Circuit Affirms ImmunoGen Patent Obviousness

In a precedential opinion issued on March 6, the Federal Circuit affirmed the US District Court for the Eastern District of Virginia that the claims in ImmunoGen’s US patent application 14/509,809 (“the ’809 application,”…more

Food and Drug Administration (FDA), Generic Drugs, Life Sciences, Orange Book, Patent Applications

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Trump Executive Orders Signal Potential Changes in Environmental Policy Impacting Agriculture

The new Administration under President Trump is now over a month old, but there remains some uncertainty as to how the Administration will approach agricultural policy. The Administration’s first wave of environmental…more

CEQ, Department of Agriculture, Endangered Species Act (ESA), Environmental Policies, Environmental Protection Agency (EPA)

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Federal Circuit Refuses to Extend IPR Estoppel to Unadjudicated Patent Claims

In Kroy IP Holdings, LLC v. Groupon, Inc., 127 F.4th 1376 (Fed. Cir. 2025), the Federal Circuit held that patentees in district court are not collaterally estopped from asserting claims that were not immaterially different from…more

Appeals, Estoppel, Intellectual Property Litigation, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding

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Understanding Arbitration and Equitable Estoppel: Lessons From Gonzalez v. Nowhere Beverly Hills LLC

Employment arbitration agreements are an important tool for employers who wish to resolve workplace disputes in a more streamline fashion and, more importantly, avoid class and collective actions. However, enforcing arbitration…more

Appeals, Arbitration, Arbitration Agreements, California, Class Action

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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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Breaking News: SEC Withdraws Its Defense of Climate Disclosure Regulations

On March 27, the US Securities and Exchange Commission (SEC) announced that it will no longer defend Biden-era regulations requiring large corporations to disclose the impacts of climate change on their businesses. This…more

Biden Administration, Climate Change, Disclosure Requirements, Investors, Publicly-Traded Companies

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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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As the (Customs and Trade) World Turns: April 2025

Welcome to the April 2025 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

Bureau of Industry and Security (BIS), China, Country of Origin, Customs and Border Protection, Economic Sanctions

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Nebraska Introduces First-of-its-Kind Privacy Bill Aimed at Protecting Agricultural Data

On January 22, Nebraska state Senator Mike Jacobson (R), at the request of Governor Jim Pillen (R), introduced the Agriculture Data Privacy Act (LB525). This is a first-of-its kind privacy bill that would specifically regulate…more

Agricultural Sector, Compliance, Consent, Data Collection, Data Privacy

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The Accelerating Kids’ Access to Care Act: Breaking Barriers for Pediatric Patients Across State Lines

In July 2023, US Senators Michael Bennet (D-CO) and Chuck Grassley (R-IA), along with US Representatives Lori Trahan (D-MA) and Mariannette Miller-Meeks (R-IA), introduced legislation to improve access to critical care for…more

Affordable Care Act, Health Insurance, Healthcare, Healthcare Reform, Legislative Agendas

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USPTO New Proposed Terminal Disclaimer Practice

On May 10, the US Patent and Trademark Office (USPTO) released proposed amendments to the rules of practice to add a new requirement for terminal disclaimers filed to prevent non-statutory double patenting…more

Double Patent, Patent Invalidity, Patent Trial and Appeal Board, Proposed Amendments, Terminal Disclaimer

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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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New State Privacy Laws Take Effect Beginning on July 1

In the absence of a federal privacy bill, nearly 20 states have passed comprehensive privacy laws. On July 1, three of these states — Florida, Oregon, and Texas — have new laws going into effect, with Montana’s effective in…more

Data Breach, Enforcement, Gramm-Leach-Blilely Act, Health Insurance Portability and Accountability Act (HIPAA), Online Advertisements

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New York State Becomes the First State in the Nation to Provide 20 Hours of Paid Prenatal Leave to Covered Employees

Beginning on January 1, 2025, New York employers in the private sector will be required to provide up to 20 hours of paid leave during any 52-week period for employees to attend prenatal appointments or obtain health care…more

Anti-Retaliation Provisions, Healthcare, Medical Records, New York, Paid Leave

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The Top 10 Legal Issues for CFOs and GCs of Fashion and Retail Companies

In 2025, the retail and fashion industries are bracing for a transformative year, heavily influenced by the policies of the new Trump Administration. These policies promise rapid and significant changes, particularly in areas…more

Americans with Disabilities Act (ADA), Artificial Intelligence, CIPA, Class Action, Commercial Bankruptcy

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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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As the (Customs and Trade) World Turns: April 2025

Welcome to the April 2025 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

Bureau of Industry and Security (BIS), China, Country of Origin, Customs and Border Protection, Economic Sanctions

See all updates »

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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Top Legal Challenges for the Health Care Industry in 2025

With 2025 underway, the AFS Health Care team highlights some of the most pressing legal issues facing the health care industry this year…more

Affordable Care Act, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Inflation Reduction Act (IRA)

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Trade Secrets and Noncompete Agreements: Analysis of Significant Cases and Emerging Trends

Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that was…more

Corporate Counsel, Employment Contract, Employment Litigation, Federal Trade Commission (FTC), Intellectual Property Protection

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Know What You Don’t Know: What Are the Top Legal Issues Nonprofits and Associations Are Thinking Through Right Now?

The landscape is in flux right now for nonprofits, to say the least. To help structure your action plan, these are some of the top questions our Nonprofits & Associations team has been helping our clients think through…more

Antitrust Provisions, Antitrust Violations, Compliance, Copyright, Data Privacy

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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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Non-Cannabis Brands Capitalizing on Cannabis Culture: Marketing Opportunities for 4/20 and Beyond

As 4/20 approaches, the cannabis industry is aflame with trends and opportunities that extend beyond traditional boundaries. Recent insights reveal a dynamic shift in consumer behavior and consumption methods, offering an…more

Advertising, Cannabis Products, Cannabis-Related Businesses (CRBs), Centers for Disease Control and Prevention (CDC), Consumer Protection Laws

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Investigations Newsletter: Medical Group and Related Parties to Pay Over $62 Million to Resolve FCA Claims for False Diagnoses

Medical Group and Related Parties to Pay Over $62 Million to Resolve FCA Claims for False Diagnoses - On March 26, the US Department of Justice (DOJ) announced that a California-based medical group and related parties agreed…more

California, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Department of Justice (DOJ), Enforcement Actions

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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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DOJ Plans Sweeping Reorganization of ENRD

The US Department of Justice (DOJ) is planning a major reorganization of the Environment and Natural Resources Division (ENRD) that includes consolidating several sections within the division into other DOJ divisions, as well as…more

Appeals, Biden Administration, Department of Justice (DOJ), Enforcement, Government Agencies

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Important Recent Developments in Massachusetts Affecting Assisted Living Residence Operators

In November, we wrote about Massachusetts legislative and regulatory updates that impact both nursing homes and assisted living residences…more

Assisted Living Facilities (ALFs), Class Action, Consumer Protection Laws, Fees, Low-Income Issues

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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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HHS Rescinds Richardson Waiver and Signals Reduced Opportunity for Public Comment on Agency Action

On March 3, the US Department of Health and Human Services (HHS) published a change in policy that could result in fewer opportunities for stakeholders and members of the public to weigh in on HHS regulatory action related to…more

Administrative Procedure Act, Department of Health and Human Services (HHS), Final Rules, Government Agencies, Public Comment

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Grounds for Liability: Massachusetts Appeals Court Evaluates Standard for Employer’s Vicarious Liability

This month in Pettiford v. Branded Management Group, LLC, the Massachusetts Appeals Court took a novel approach to vicarious liability, holding that the failure of a restaurant’s employees to stop the allegedly racist actions of…more

Appellate Courts, Employer Liability Issues, Liability, Race Discrimination, Racist Remarks

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US Supreme Court Holds in Jarkesy That SEC Cannot Seek Civil Penalties for Securities Fraud Without a Jury

On June 27, the US Supreme Court held that when the US Securities and Exchange Commission (SEC) seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial in an…more

Administrative Law Judge (ALJ), Article III, Civil Monetary Penalty, Jury Trial, SCOTUS

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Important Update on Tariffs and Their Impact on the Construction Industry

President Trump recently announced new and increased tariffs affecting key construction materials. The on-again, off-again nature of the Trump Administration’s tariff measures are contributing to the economic uncertainty in the…more

Aluminum Sales, Canada, China, Construction Contracts, Construction Industry

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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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Major Restructuring of the US Department of Health and Human Services

On March 27, the US Department of Health and Human Services (HHS) announced a significant restructuring initiative in accordance with President Trump’s Executive Order, “Implementing the President’s Department of Government…more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Employees, Executive Orders

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Gender-Affirming Care for Minors: Executive Order 14187 and Its Implications for Hospitals and Health Systems

President Trump’s Executive Order (EO) 14187, “Protecting Children from Chemical and Surgical Mutilation,” represents a significant shift in federal policy regarding gender-affirming care (GAC) for minors…more

Constitutional Challenges, Department of Health and Human Services (HHS), Executive Orders, Federal Funding, Gender Identity

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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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Ford Rears Bronco Head Against Vintage Modern for Trademark Infringement, False Advertising, and Unfair Competition

Ford is seeking to stop an aftermarket restoration company from the alleged unauthorized use of the Bronco trademark and trade dress in connection with the rebuild of modern Ford Broncos. The case raises questions of whether…more

Automotive Industry, Brand, False Advertising, Intellectual Property Litigation, Intellectual Property Protection

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Executive Order: Threat to National Security From Imports of Copper Products

On February 25, President Trump issued an executive order (EO) requiring the US Department of Commerce (Commerce) to investigate the national security implications of the copper supply chain. The investigation will be based on…more

China, Executive Orders, Imports, International Trade, National Security

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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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As the (Customs and Trade) World Turns: April 2025

Welcome to the April 2025 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

Bureau of Industry and Security (BIS), China, Country of Origin, Customs and Border Protection, Economic Sanctions

See all updates »

Five Key Topics for Beverage and Food Companies in 2025

2025 will be a transformational year for the beverage and food industry, which has already been dramatically impacted by shifting market trends and profound policy changes. Here are the top five topics influencing the strategies…more

America First Trade Policy, Artificial Intelligence, Beverage Manufacturers, Department of Health and Human Services (HHS), Employer Liability Issues

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232 Investigation of Pharmaceuticals: Potential Tariffs and Tight Comment Deadline

Effective April 5, the United States imposed a 10% baseline tariff on imports from nearly all countries, excluding products from Canada and Mexico, and those products contained in the Harmonized Tariff Schedule of the United…more

Canada, China, Executive Orders, Filing Deadlines, Harmonized Tariff Schedule of the United States (HTSUS)

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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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Non-Cannabis Brands Capitalizing on Cannabis Culture: Marketing Opportunities for 4/20 and Beyond

As 4/20 approaches, the cannabis industry is aflame with trends and opportunities that extend beyond traditional boundaries. Recent insights reveal a dynamic shift in consumer behavior and consumption methods, offering an…more

Advertising, Cannabis Products, Cannabis-Related Businesses (CRBs), Centers for Disease Control and Prevention (CDC), Consumer Protection Laws

See all updates »

Investigations Newsletter: Long Island Businessman Arrested in $22 Million Medicare Fraud Scheme

Long Island Businessman Arrested in $22 Million Medicare Fraud Scheme - A Long Island, New York, businessman was arrested on conspiracy, kickback, and money laundering charges stemming from an alleged scheme to defraud…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

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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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Trade Secrets and Noncompete Agreements: Analysis of Significant Cases and Emerging Trends

Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that was…more

Corporate Counsel, Employment Contract, Employment Litigation, Federal Trade Commission (FTC), Intellectual Property Protection

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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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Navigating Out-of-Network Claims: Key Takeaways for Providers From Surgery Center Case in New York Federal Court

The US District Court for the Eastern District of New York in Manalapan Surgery Ctr., et al. v. 1199 SEIU National Benefit Fund, No. 23-CV-03525 (EDNY March 12, 2025), recently granted a motion to dismiss a complaint filed by…more

Ambulatory Surgery Centers, Breach of Contract, Employee Retirement Income Security Act (ERISA), Health Care Providers, Health Insurance

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Nonprofit’s Diversity Scholarship Program Challenged in Federal Court

On March 5, Do No Harm filed a lawsuit against the American Chemical Society (ACS), a 501(c)(3) nonprofit organization, challenging a scholarship program for undergraduate students from historically underrepresented groups in…more

Affirmative Action, Anti-Discrimination Policies, Civil Rights Act, Contract Terms, Discrimination

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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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Gender-Affirming Care for Minors: Executive Order 14187 and Its Implications for Hospitals and Health Systems

President Trump’s Executive Order (EO) 14187, “Protecting Children from Chemical and Surgical Mutilation,” represents a significant shift in federal policy regarding gender-affirming care (GAC) for minors…more

Constitutional Challenges, Department of Health and Human Services (HHS), Executive Orders, Federal Funding, Gender Identity

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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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Investigations Newsletter: Seventh Circuit Reverses AKS Conviction Involving Allegations of Illegal Marketing and Advertising

Seventh Circuit Reverses AKS Conviction Involving Allegations of Illegal Marketing and Advertising - On April 14, the US Court of Appeals for the Seventh Circuit reversed the criminal conviction of Mark Sorensen after a jury…more

Anti-Kickback Statute, Appeals, Criminal Prosecution, Department of Justice (DOJ), Department of Veterans Affairs

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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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Court Halts Trump Administration Order Pausing Government Grants (For Now)

Many parties are rightly concerned about the impact of yesterday’s announcement that nearly all federal funds will be frozen for an indeterminate period. Minutes before it was intended to go into effect today, a federal judge in…more

Administrative Procedure Act, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Executive Orders, Federal Funding

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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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Strategic Use of Arbitration Provisions in Nonprofits’ Contracts

In the nonprofit sector, organizations often face unique legal challenges that require efficient and cost-effective dispute resolution mechanisms. Arbitration provisions in contracts can offer nonprofits a strategic advantage by…more

Arbitration, Arbitrators, Charitable Organizations, Dispute Resolution, Federal Arbitration Act

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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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Coming Soon: Changes to State Noncompete Laws in Virginia, Arkansas, and Wyoming

Noncompete provisions continue to be governed by a constantly changing patchwork of state level legislation. In general, recent laws tend to limit their use among low wage earners or individuals in certain professions, such as…more

Corporate Counsel, Employees, Employment Contract, Healthcare, New Legislation

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Proposed Legislation Targets Nonprofits Supporting Immigrant Communities

Proposed legislation introduced in the US Senate last week would deny tax-exempt status to certain organizations that support undocumented immigrants. The legislation would change the eligibility requirements for 501(c)(3)…more

501(c)(3), Compliance, Immigration Reform, Internal Revenue Code (IRC), IRS

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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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The End of LIBOR: Hotel California Edition [Part IV]

During the transition of the London InterBank Offered Rate (LIBOR) to the approved substitute benchmark in the United States, the Secured Overnight Financing Rate (SOFR), a basic question was raised as to whether the new…more

Bonds, Borrowers, Compliance, Financial Institutions, Financial Markets

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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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Cruise Agrees to Consent Order with NHTSA for Failure to Comply with Autonomous Vehicle Crash Reporting Rules

The consent order includes a $1.5 million fine and other non-monetary penalties. In a September 30 press release, NHTSA announced its consent order with autonomous vehicle company Cruise, over the company’s failure to comply…more

Car Accident, Consent Order, Driverless Cars, Failure to Comply, NHTSA

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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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SEC’s Division of Corporation Finance: Stablecoins Are Not Securities

On April 4, the Division of Corporation Finance of the US Securities and Exchange Commission (SEC) issued a statement providing clarity on the application of federal securities laws to stablecoins, specifically those designed to…more

Cryptocurrency, Digital Assets, Financial Markets, Howey, Investment

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As the (Customs and Trade) World Turns: February 2025

Welcome to the February 2025 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, Canada, China, Countervailing Duties, Customs and Border Protection

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California Governor Gives Private Equity and Hedge Funds a Reprieve From Attorney General Approval of Health Care Transactions

On September 28, California Governor Gavin Newsom vetoed Assembly Bill (AB) 3129. The proposed law sought to regulate health care transactions involving private equity and hedge funds. The veto avoids overlapping and potentially…more

California, Governor Newsom, Health Care Providers, Healthcare, Hedge Funds

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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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The Big Six Items That Family Offices Need to Consider in 2025

Across all industries, family offices and their owners and management teams face rapidly evolving challenges, opportunities, and risks in the dynamic environment that is 2025. Here are six issues that family offices should…more

Business Succession, Buy-Sell Agreements, Corporate Transparency Act, Estate Tax, Ethics

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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

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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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Federal District Court Declines to Award ‘Bad Faith’ Fees for Party’s Failure to Sufficiently Identify Trade Secrets in Federal Claim

Earlier this year, a federal district court judge in the Western District of North Carolina declined to award “bad faith” attorney’s fees under the Defend Trade Secrets Act (DTSA). See Design Gaps, Inc. v. Hall, No…more

Bad Faith, Defend Trade Secrets Act (DTSA), False Advertising, Fee Awards, Lanham Act

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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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Trade Secrets and Noncompete Agreements: Analysis of Significant Cases and Emerging Trends

Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that was…more

Corporate Counsel, Employment Contract, Employment Litigation, Federal Trade Commission (FTC), Intellectual Property Protection

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Illinois Passes Comprehensive Law Governing Carbon Capture, Utilization and Sequestration Projects in Illinois

On May 26, the Illinois legislature passed comprehensive carbon capture, utilization, and sequestration (CCUS) legislation. CCUS involves the capture of carbon dioxide directly from ambient air or uses processes to separate…more

Carbon Capture and Sequestration, Department of Natural Resources, Environmental Protection Agency (EPA), Liability, New Legislation

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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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SEC No Action Letter Guidance Streamlines Rule 506(c) Accredited Investor Verification

On March 12, the US Securities and Exchange Commission (SEC), via a No Action Letter, issued interpretive guidance clarifying what constitutes “reasonable steps” issuers can take to verify purchasers’ accredited investor status,…more

Accredited Investors, Capital Markets, Compliance, Investment, No-Action Letters

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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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Navigating Changes at the USPTO: Impact of New Government Cost-Reduction Initiatives

The new presidential Administration’s cost-reduction initiatives, including a hiring freeze and return-to-office mandate for federal employees, are poised to impact the efficiency of the US Patent and Trademark Office (USPTO),…more

Administrative Procedure, Federal Employees, Government Agencies, Hiring Freeze, Intellectual Property Protection

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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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Breaking News: SEC Withdraws Its Defense of Climate Disclosure Regulations

On March 27, the US Securities and Exchange Commission (SEC) announced that it will no longer defend Biden-era regulations requiring large corporations to disclose the impacts of climate change on their businesses. This…more

Biden Administration, Climate Change, Disclosure Requirements, Investors, Publicly-Traded Companies

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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 2025

Welcome to the April 2025 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

Bureau of Industry and Security (BIS), China, Country of Origin, Customs and Border Protection, Economic Sanctions

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As the (Customs and Trade) World Turns: March 2025

Welcome to the March 2025 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

Aluminum Sales, Canada, China, Customs and Border Protection, Enforcement

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Predicting the Unpredictable: DOJ’s Enforcement Priorities From the ABA’s 40th White Collar Crime Institute

ArentFox Schiff attorneys William Ziegelmueller and Kaitlin Klamann attended the American Bar Association’s (ABA) 40th White Collar Crime Institute (WCCI) March 5-7, 2025, in Miami, Florida. In the absence of representatives…more

Department of Justice (DOJ), Executive Orders, False Claims Act (FCA), Foreign Corrupt Practices Act (FCPA), Fraud

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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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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: Fifth Circuit Affirms Vacatur of Arbitration Provisions of Surprise Billing Rules (TMA II)

On August 2, health care providers scored yet another significant victory when the US Court of Appeals for the Fifth Circuit affirmed the vacatur of various federal regulations regarding the arbitration procedures used to…more

Arbitration, Arbitrators, Certiorari, 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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Moana’s Legal Odyssey: Five-Year Copyright Dispute Ends With Disney Sailing Free

This month, after half a decade of litigation, the copyright infringement case against Disney over its beloved animated film Moana finally reached a conclusion, with a jury finding non-infringement after deliberating for just…more

Copyright, Copyright Infringement, Copyright Litigation, Discovery, Entertainment Industry

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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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Implications of New Federal Immigration Policies for Health Care Facilities, Part 2: Patient Privacy Concerns

On January 20, the US Department of Homeland Security (DHS) rescinded 2021 guidelines that previously designated hospitals, clinics, and other health care facilities as “protected areas” and limited immigration enforcement…more

Data Privacy, Department of Homeland Security (DHS), Enforcement, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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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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DC Council Passes FY25 Budget With Increase to Employer Payroll Tax to the District’s Universal Paid Leave Program

On June 12, the DC City Council passed the District’s Fiscal Year 2025 (FY25) budget, which includes a 0.49% increase to the mandatory employer payroll tax to support the Universal Paid Family Leave Program. This provision,…more

Nonprofits, Paid Leave, Payroll Taxes

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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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PHL Variable Insurance Company Placed into Rehabilitation in Connecticut

PHL Variable Insurance Company (PHL) and its subsidiaries, Concord Re, Inc. and Palisado Re, Inc., have been placed into rehabilitation as of May 20, by order of the Superior Court of the State of Connecticut, Judicial District…more

Beneficiaries, Insurance Industry, Insurance Litigation, Jurisdiction, Life Insurance

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What Private Companies and Family Offices Need to Consider in 2025

Across all industries, private companies, family offices, and their owners and management teams face rapidly evolving challenges, opportunities, and risks in the dynamic environment that is 2025. Here are 11 issues that family…more

Acquisitions, Arbitration, Artificial Intelligence, Beneficial Owner, Business Succession

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⚠️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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Global Perspective on Patenting of AI Technologies

The rapid advancement of artificial intelligence (AI) technologies is fueling a surge in global patent filings for AI-related innovations, but differences in national patent laws and examination standards for such inventions…more

Algorithms, Alice/Mayo, Artificial Intelligence, China, EU

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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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Implications of New Federal Immigration Policies for Health Care Facilities, Part 2: Patient Privacy Concerns

On January 20, the US Department of Homeland Security (DHS) rescinded 2021 guidelines that previously designated hospitals, clinics, and other health care facilities as “protected areas” and limited immigration enforcement…more

Data Privacy, Department of Homeland Security (DHS), Enforcement, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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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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FDA’s Attempt to Regulate Lab-Developed Tests Struck Down in Federal Court

On March 31, a judge in the Eastern District of Texas vacated the US Food and Drug Administration’s (FDA) rule that sought to regulate laboratory-developed tests (LDTs) as medical devices under the Federal Food, Drug, and…more

Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules, Food and Drug Administration (FDA)

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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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White Collar and Enforcement Outlook 2025

With 2025 underway, the ArentFox Schiff White Collar team highlights the US Department of Justice’s (DOJ) new enforcement priorities and two cases pending before the US Supreme Court that could have sweeping implications for…more

Criminal Prosecution, Department of Justice (DOJ), Enforcement, Enforcement Actions, Foreign Agents Registration Act (FARA)

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Five Key Topics for Beverage and Food Companies in 2025

2025 will be a transformational year for the beverage and food industry, which has already been dramatically impacted by shifting market trends and profound policy changes. Here are the top five topics influencing the strategies…more

America First Trade Policy, Artificial Intelligence, Beverage Manufacturers, Department of Health and Human Services (HHS), Employer Liability Issues

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DFS Issues Circular Letter Addressing Cybersecurity Risks Related to AI

On October 16, the New York Department of Financial Services (DFS) issued a circular letter addressing cybersecurity risks related to the increasing use of artificial intelligence (AI) in relation to insurers, insurance…more

Artificial Intelligence, Banks, Cyber Attacks, Cybersecurity, Deep Fake

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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

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As the (Customs and Trade) World Turns: July 2024

Welcome to the July 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

Aluminum Sales, Chevron Deference, Chevron v NRDC, Customs and Border Protection, Economic Sanctions

See all updates »

SEC No Action Letter Guidance Streamlines Rule 506(c) Accredited Investor Verification

On March 12, the US Securities and Exchange Commission (SEC), via a No Action Letter, issued interpretive guidance clarifying what constitutes “reasonable steps” issuers can take to verify purchasers’ accredited investor status,…more

Accredited Investors, Capital Markets, Compliance, Investment, No-Action Letters

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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

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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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ESG Update: Texas Federal Court Cites Loper Bright in Upholding Biden-Era ESG 401(k) Investing Rule

A Biden-era US Department of Labor (DOL) Rule permitting consideration of environmental, social, and governance (ESG) factors when choosing investments as a “tiebreaker” was recently upheld by Texas federal Judge Matthew…more

Biden Administration, Chevron Deference, Compliance, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA)

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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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What Private Companies and Family Offices Need to Consider in 2025

Across all industries, private companies, family offices, and their owners and management teams face rapidly evolving challenges, opportunities, and risks in the dynamic environment that is 2025. Here are 11 issues that family…more

Acquisitions, Arbitration, Artificial Intelligence, Beneficial Owner, Business Succession

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New SCOTUS Case Involving Venue for Clean Air Act Challenges Matters to Your Business

While a dispute over the Clean Air Act’s (CAAs) venue provision may seem arcane, a forthcoming US Supreme Court decision will affect core principles of the separation of powers and constitutional due process in ways that may…more

Chevron Deference, Clean Air Act, Due Process, Environmental Protection Agency (EPA), Loper Bright Enterprises v Raimondo

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Ford Rears Bronco Head Against Vintage Modern for Trademark Infringement, False Advertising, and Unfair Competition

Ford is seeking to stop an aftermarket restoration company from the alleged unauthorized use of the Bronco trademark and trade dress in connection with the rebuild of modern Ford Broncos. The case raises questions of whether…more

Automotive Industry, Brand, False Advertising, Intellectual Property Litigation, Intellectual Property Protection

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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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DOJ Plans Sweeping Reorganization of ENRD

The US Department of Justice (DOJ) is planning a major reorganization of the Environment and Natural Resources Division (ENRD) that includes consolidating several sections within the division into other DOJ divisions, as well as…more

Appeals, Biden Administration, Department of Justice (DOJ), Enforcement, Government Agencies

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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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Hospitality Trends: 10 Legal Issues for Companies in 2025

As the first quarter comes to a close, the ArentFox Schiff Hospitality Industry team reviews 10 of the most pressing legal issues for hospitality companies for 2025…more

Artificial Intelligence, California, Diversity and Inclusion Standards (D&I), Employment Discrimination, Hospitality Industry

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2024 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

Co-Insurance Payments, Insurance Industry, Real Estate Market, Reinsurance, Title Insurance

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CTA Drastically Pared Back

As promised by the US Department of Treasury in early March, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule removing the requirement for US companies, their beneficial owners, and US persons to…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Filing Deadlines, Final Rules

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Top Legal Challenges for the Consumer Products Industry in 2025

With 2025 underway, the AFS Consumer Products team highlights some of the most pressing legal issues facing the consumer products industry this year…more

California, Class Action, Compliance, Consumer Litigation, Consumer Product Safety Commission (CPSC)

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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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USPTO Fee Updates

The US Patent and Trademark Office (USPTO) has finalized its fee schedule for 2025. The updated fee schedule will take effect on January 19, 2025, and will represent a 7.5% across-the-board increase in USPTO fees…more

Design Patent, Fees, Final Rules, Patent Applications, USPTO

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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

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PHL Variable Insurance Company Placed into Rehabilitation in Connecticut

PHL Variable Insurance Company (PHL) and its subsidiaries, Concord Re, Inc. and Palisado Re, Inc., have been placed into rehabilitation as of May 20, by order of the Superior Court of the State of Connecticut, Judicial District…more

Beneficiaries, Insurance Industry, Insurance Litigation, Jurisdiction, Life Insurance

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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

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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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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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Design Patents Claiming Component Parts of a Larger Product Are Not Inherently Invalid

Until now, case law has defined an “article of manufacture” solely for purposes of damages in design patent infringement actions. For the first time, a federal court has now interpreted the term “article of manufacture” in…more

Design Patent, General Motors, Patent Infringement, Patent Validity, Patent-Eligible Subject Matter

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Breaking: Third Circuit Declares Mallinckrodt’s Future Royalty Payment Obligations Dischargeable – Caution, Warning, and Options

On April 25, the US Court of Appeals for the Third Circuit issued its precedential opinion in Mallinckrodt v. Sanofi-Aventis, Case No. 23-1111, reminding everyone that “creditors take on risks” when it ruled that the debtor…more

Appeals, Bankruptcy Code, Commercial Bankruptcy, Dischargeable Debts, Intellectual Property Protection

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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

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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

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Trade Secrets and Noncompete Agreements: Analysis of Significant Cases and Emerging Trends

Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that was…more

Corporate Counsel, Employment Contract, Employment Litigation, Federal Trade Commission (FTC), Intellectual Property Protection

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SEC’s Division of Corporation Finance: Stablecoins Are Not Securities

On April 4, the Division of Corporation Finance of the US Securities and Exchange Commission (SEC) issued a statement providing clarity on the application of federal securities laws to stablecoins, specifically those designed to…more

Cryptocurrency, Digital Assets, Financial Markets, Howey, Investment

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FDA’s Attempt to Regulate Lab-Developed Tests Struck Down in Federal Court

On March 31, a judge in the Eastern District of Texas vacated the US Food and Drug Administration’s (FDA) rule that sought to regulate laboratory-developed tests (LDTs) as medical devices under the Federal Food, Drug, and…more

Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules, Food and Drug Administration (FDA)

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Five Hot (Sizzling) Button Trade Issues for the Electric Mobility Industry in 2025

The electric mobility industry faces significant challenges, to be sure. With the Inflation Reduction Act (IRA) of 2022 in peril, leaner times may be ahead…more

America First Trade Policy, China, Electric Vehicles, Executive Orders, Harmonized Tariff Schedule of the United States (HTSUS)

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CTA Drastically Pared Back

As promised by the US Department of Treasury in early March, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule removing the requirement for US companies, their beneficial owners, and US persons to…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Filing Deadlines, Final Rules

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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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As the (Customs and Trade) World Turns: April 2025

Welcome to the April 2025 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

Bureau of Industry and Security (BIS), China, Country of Origin, Customs and Border Protection, Economic Sanctions

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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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Sue Them All? SCOTUS Vacates $43 Million Trademark Judgment

To plead, or not to plead. That is a question trademark infringement plaintiffs will need to carefully consider with their legal counsel when deciding which parties to name as defendants in a lawsuit and which legal arguments…more

Appeals, Business Litigation, Corporate Governance, Dewberry Group Inc v Dewberry Engineers Inc, Disgorgement

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CTA Drastically Pared Back

As promised by the US Department of Treasury in early March, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule removing the requirement for US companies, their beneficial owners, and US persons to…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Filing Deadlines, Final Rules

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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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AI in Family Offices: Navigating the AI Frontier in Wealth Management and Fiduciary Liability

Artificial intelligence (AI) has made waves across various industries, and wealth management is no exception. AI’s ability to analyze vast amounts of data and generate insightful reports has the potential to significantly…more

Artificial Intelligence, Client Services, Ethics, Family Offices, Fiduciary Liability Insurance

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Trump Executive Orders Signal Potential Changes in Environmental Policy Impacting Agriculture

The new Administration under President Trump is now over a month old, but there remains some uncertainty as to how the Administration will approach agricultural policy. The Administration’s first wave of environmental…more

CEQ, Department of Agriculture, Endangered Species Act (ESA), Environmental Policies, Environmental Protection Agency (EPA)

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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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Arzate v. ACE American Insurance Company: Employer Not Required to Initiate Arbitration in Defense of Itself

On June 18, 2021, a group of ACE American Insurance Company employees filed a class action suit alleging that ACE misclassified them as exempt employees…more

Appeals, Arbitration Agreements, Class Action, Dispute Resolution, 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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