Arent Fox

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

What Litigation Has the Coronavirus Spurred? Force Majeure, Insurance, Real Estate & More

In the wake of the coronavirus, businesses and courts remain shuttered as a result of stay-at-home government orders. Businesses and organizations are grappling daily with the changed circumstances that the virus brought. Below…more

China, City of Los Angeles, Civil Authority Coverage, Class Action, Coronavirus/COVID-19

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Commerce Launches Rulemaking Process on Foundational Technologies, Hints at Three Potential Areas of Control

BIS will be looking at items that are controlled only for anti-terrorism, crime control, short supply, United Nations embargoes, or designated as EAR99 in establishing new Foundational Technologies Controls. Two years after…more

Advanced Notice of Proposed Rulemaking (ANPRM), BIS, CFIUS, Embargo, Export Control Reform Act (ECRA)

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Anti-Slapp’s “Public Interest” Requirement in Patient Care Context: It’s Not Just What You Say

On September 24, 2020, the California Court of Appeal shed additional light on meeting the public interest requirements in anti-SLAPP motions in its opinion of Murray v. Tran (Cal. Ct. App., Sept. 24, 2020, No. D076104). The…more

Anti-SLAPP, Appeals, Cal Code of Civil Procedure, Health Care Workers, Hospitals

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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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340B Entities Sue HHS Over Lack of Dispute Resolution Process

Three organizations serving primarily HIV and AIDS patients and who each are also considered “Covered Entities” under the 340B Drug Pricing Program (the Plaintiffs) filed a lawsuit against Department of Health and Human Services…more

Administrative Procedure Act, AIDS, Covered Entities, Department of Health and Human Services (HHS), Dispute Resolution

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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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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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California Certified Nurse Midwives Independent Scope of Practice Clarified and Expanded

California Governor Newsom signed Senate Bill 1237 (SB 1237), broadening the certified nurse midwife (CNM) scope of practice, among other changes to the Nursing Practice Act and other Sections of the Business and Professions…more

California, Governor Newsom, New Legislation, Nurses, Pregnancy

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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

See all updates »

New Jersey On The Eve Of Enacting Anti-STOLI Legislation That May Have Little Practical Impact

After several false starts, New Jersey is on the verge of passing legislation aimed at prohibiting stranger-originated life insurance (STOLI) that while broad in scope, may have little practical impact. The bill, A1263 (the…more

Life Insurance, New Jersey, Third-Party

See all updates »

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, CDC, CMS, Coronavirus/COVID-19, Department of Health and Human Services (HHS)

See all updates »

Investigations Newsletter: Department of Justice Announces $8.3 Billion Settlement with Opioid Manufacturer Purdue Pharma and Members of the Sackler Family

Department of Justice Announces $8.3 Billion Settlement with Opioid Manufacturer Purdue Pharma and Members of the Sackler Family - On October 21, the Department of Justice (DOJ) announced that it reached a global resolution of…more

Anti-Kickback Statute, Bankruptcy Court, DEA, DOJ, False Claims Act (FCA)

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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Supreme Court Overturns Rule that Only Signatories Can Compel International Arbitration

On June 1, 2020, the US Supreme Court unanimously ruled a non-signatory to an international arbitration agreement can enforce that agreement and rely on domestic state law doctrines to compel others to arbitrate. By…more

Arbitration, Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Estoppel, Federal Arbitration Act, France

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What the District’s COVID-19 Response Legislation Means for the Real Estate Industry

On June 8, 2020, Mayor Bowser signed the Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (the Act), which the Council of the District of Columbia had unanimously approved on May 19, 2020. The Act is now…more

Commercial Tenants, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

See all updates »

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, Detainees, DOJ

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The Divided States of America – Mass Texting Edition

There are two wildly different interpretations of what constitutes an autodialer under the TCPA currently employed by different federal circuit courts. As Election Day approaches, there’s no doubt that candidates and…more

Auto-Dialed Calls, FCC, Robocalling, SCOTUS, TCPA

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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

See all updates »

Investigations Newsletter: Department of Justice Announces $8.3 Billion Settlement with Opioid Manufacturer Purdue Pharma and Members of the Sackler Family

Department of Justice Announces $8.3 Billion Settlement with Opioid Manufacturer Purdue Pharma and Members of the Sackler Family - On October 21, the Department of Justice (DOJ) announced that it reached a global resolution of…more

Anti-Kickback Statute, Bankruptcy Court, DEA, DOJ, False Claims Act (FCA)

See all updates »

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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NPDB Reporting Deadlines Remain Firm Despite COVID-19 Emergency

The National Practitioner Data Bank (NPDB) recently confirmed that the deadlines for reporting adverse actions against licensees have not been extended, despite the COVID-19 emergency. In its May 2020 “NPDB Insights”…more

Coronavirus/COVID-19, Healthcare, National Practitioner Data Base (NPDB)

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Third Circuit Favors Cramdown’s ‘Flexibility’ and ‘Rough Justice’ Over Strict Enforcement of Subordination Agreements

Eight years after the Delaware bankruptcy court confirmed the chapter 11 plan of Tribune Company and its affiliates, the United States Court of Appeals for the Third Circuit (the Court) affirmed the bankruptcy court’s holdings…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Debtors

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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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Sovereign Immunity Prevails: Litigants Cannot Sue States for Copyright Infringement, Supreme Court Holds

The Supreme Court has stricken a federal statute that abrogated a State’s immunity from copyright infringement lawsuits. The Copyright Remedy Clarification Act of 1990 (CRCA) provided that States “shall not be immune, under the…more

Abrogation, Authors, Congressional Intent, Copyright, Copyright Infringement

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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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US Steps Up Actions Against Forced Labor as Congress Considers Further Measures

The US Government has taken action recently to step up enforcement against forced labor. As particular regions come under increased media scrutiny, the issue has renewed interest in Congress, which is considering several…more

Child Labor, China, Customs and Border Protection, DHS, Economic Sanctions

See all updates »

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

See all updates »

FCC Steps Up Support of Agricultural Technology With $1 Billion Proposed for Precision Agriculture

Substantial funding for precision agriculture is anticipated as part of FCC 5G Fund to support next generation wireless services. FCC Commitment to Precision Agriculture and Anticipated Funding - The Federal…more

5G Network, Agricultural Sector, FCC, Internet, Technology

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US Department of Labor Proposes New FLSA Rule to Distinguish between Employees and Independent Contractors

Yesterday, the US Department of Labor’s Wage and Hour Division proposed a new rule designed to “bring clarity and consistency to the determination of who’s an independent contractor under the Fair Labor Standards…more

DOL, Employee Definition, FLSA, Independent Contractors, New Rules

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What the District’s COVID-19 Response Legislation Means for the Real Estate Industry

On June 8, 2020, Mayor Bowser signed the Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (the Act), which the Council of the District of Columbia had unanimously approved on May 19, 2020. The Act is now…more

Commercial Tenants, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

See all updates »

CCPA Update: Third Time is the Charm

The California Consumer Privacy Act (CCPA) is the landmark privacy law in the US that formally went into effect this year and provides California residents with various rights regarding the collection, use, and sharing of their…more

Brick-and-Mortar Stores, California, California Consumer Privacy Act (CCPA), Data Privacy, DOJ

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Waiting to Exhale: HEROES Act Opens Door for Cannabis Banking

The new bill, which follows April 23, 2020 legislation aimed at opening COVID-19 emergency response funding to cannabis businesses, offers a previously unclear path forward for financial services to the cannabis industry by…more

Cannabis-Related Businesses (CRBs), Coronavirus/COVID-19, Financial Services Industry, SAFE Act, Shelter-In-Place

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A New Shade of Protectability

The US Court of Appeals for the Federal Circuit recently ruled that color marks can be inherently distinctive when applied to product packaging trade dress. The CAFC upends a long-held understanding that color marks can never be…more

CAFC, Color Marks, Intellectual Property Protection, Product Packaging, Trademark Litigation

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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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Price Gouging: What Businesses Need to Know

The COVID-19 pandemic has led to widespread reports of price gouging on hand sanitizer, protective masks, gloves, and other essential supplies. Such excessive or unconscionable price increases are illegal under state price…more

Consumer Protection Commissions, Coronavirus/COVID-19, Essential Goods, Goods or Services, Health and Safety

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Enforcing Non-Compete and Non-Solicitation Provisions in Virginia: Three Recent Takeaways From a Virginia Trial Court

In a recent opinion, the Fairfax Circuit Court deemed unenforceable the non-compete and employee non-solicitation provisions of two doctors who had performed work for the United States Army on behalf of a government…more

Burden of Proof, Employer Liability Issues, Employment Contract, Employment Litigation, Evidentiary Hearings

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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

See all updates »

US Steps Up Actions Against Forced Labor as Congress Considers Further Measures

The US Government has taken action recently to step up enforcement against forced labor. As particular regions come under increased media scrutiny, the issue has renewed interest in Congress, which is considering several…more

Child Labor, China, Customs and Border Protection, DHS, Economic Sanctions

See all updates »

CCPA Data Processing Agreements with Vendors: Considerations for Ready-Made Forms

The California Consumer Privacy Act (CCPA) went into effect January 1, 2020 and created several rights for California residents, including the game-changing right to opt-out of the sale of personal…more

California Consumer Privacy Act (CCPA), Data Management, Data Privacy, Data Protection, DPA

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Court Rules Trademark Infringement Enough to Hold Landlord Liable

Last year, the Eleventh Circuit affirmed a judgment holding that a landlord’s constructive knowledge of its tenant’s trademark infringement is enough to hold the landlord liable. Several years earlier, Arent Fox represented…more

Actual or Constructive Knowledge, Commercial Tenants, Contributory Infringement, Counterfeiting, Illegal Activity

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Anti-Slapp’s “Public Interest” Requirement in Patient Care Context: It’s Not Just What You Say

On September 24, 2020, the California Court of Appeal shed additional light on meeting the public interest requirements in anti-SLAPP motions in its opinion of Murray v. Tran (Cal. Ct. App., Sept. 24, 2020, No. D076104). The…more

Anti-SLAPP, Appeals, Cal Code of Civil Procedure, Health Care Workers, Hospitals

See all updates »

Court Takes a Pass on Limiting Bank of America’s Restrictions

A Maryland federal District Court Judge declined to issue an emergency temporary restraining order on April 13, which was intended to remove eligibility restrictions put in place by Bank of America under the Coronavirus Aid,…more

Bank of America, Banking Sector, CARES Act, Paycheck Protection Program (PPP), SBA

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PPP Application Period Extended 5 More Weeks

On July 4, 2020, the PPP Extension Bill (PPP Extension), was enacted to give small businesses more time to apply for loans under the Paycheck Protection Program (PPP). With approximately $130 billion remaining available…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Relief Measures, Small Business

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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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Investigations Newsletter: Department of Justice Announces $8.3 Billion Settlement with Opioid Manufacturer Purdue Pharma and Members of the Sackler Family

Department of Justice Announces $8.3 Billion Settlement with Opioid Manufacturer Purdue Pharma and Members of the Sackler Family - On October 21, the Department of Justice (DOJ) announced that it reached a global resolution of…more

Anti-Kickback Statute, Bankruptcy Court, DEA, DOJ, False Claims Act (FCA)

See all updates »

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

See all updates »

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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President Trump Signs Executive Order Directing US Treasury to Defer Certain Payroll Taxes

Following stalled negotiations about a fifth round of coronavirus relief in Congress, President Trump signed an executive order on August 8, 2020 directing the US Treasury to suspend the obligations of employers to withhold and…more

Coronavirus/COVID-19, Executive Orders, Payroll Taxes, Relief Measures, Social Security Taxes

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OFAC’s New Ransomware Advisory

On October 1, 2020, the US Department of Treasury’s Office of Foreign Assets Control (OFAC) issued an Advisory highlighting sanctions risks associated with facilitating ransomware payments on behalf of victims targeted by…more

Cyber Attacks, Financial Institutions, FinCEN, Malware, New Guidance

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SBA Notice Paves the Way for Change of Ownership Transactions by PPP Borrowers

For several weeks, parties to pending merger and sale transactions involving Paycheck Protection Program (PPP) loans have been asking what will happen to PPP loan forgiveness applications if a borrower sells its business prior…more

Borrowers, Change of Ownership, Loan Forgiveness, New Guidance, Paycheck Protection Program (PPP)

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View From the Hill: What’s Next for COVID-19 Legislation

The political battle now occurring in the U.S. Congress is over legislation responding to the continued crisis from the COVID-19 pandemic. The U.S. House has passed the Heroes Act, which is a $3 trillion piece of legislation…more

Coronavirus/COVID-19, State and Local Government, Unemployment

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House Democrats Propose Additional Tax Relief and Reform Measures in HEROES Act

On May 12, the House Democrats introduced an aspirational tax package within the Health and Economic Recovery Omnibus Emergency Solutions Act (the “HEROES Act”), which lays out their starting point in negotiations with the…more

CARES Act, Families First Coronavirus Response Act (FFCRA), Paycheck Protection Program (PPP), Payroll Taxes, SALT

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Massachusetts Employers Should Implement Anti-Raiding Provisions

In Automile Holdings, LLC v. McGovern, 483 Mass. 797, 136 N.E.3d 1207 (2020), the Massachusetts Supreme Judicial Court upheld the validity of an anti-raiding provision against a former employee. This ruling is significant in…more

Anti-Raiding, Bench Trial, Confidential Information

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Virginia Adopts First COVID-19 Workplace Safety Standard: Requirements for Hazards or Job Tasks Classified as “Moderate” Exposure Risk

This is our fifth and final Alert on Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard. In the first, we summarized the standard’s general employer mandates. In the second, we covered…more

ASHRAE, Coronavirus/COVID-19, Infectious Diseases, OSHA, Personal Protective Equipment

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Summarizing the Paycheck Protection Program

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 small…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Paycheck Protection Program (PPP), SBA

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New Jersey On The Eve Of Enacting Anti-STOLI Legislation That May Have Little Practical Impact

After several false starts, New Jersey is on the verge of passing legislation aimed at prohibiting stranger-originated life insurance (STOLI) that while broad in scope, may have little practical impact. The bill, A1263 (the…more

Life Insurance, New Jersey, Third-Party

See all updates »

Alert Newsletter: Challenge To Coffee-Causes-Cancer Label To Continue, Possibly Resolve Dozens of Lawsuits Against Businesses

Challenge To Coffee-Causes-Cancer Label To Continue, Possibly Resolve Dozens of Lawsuits Against Businesses - Legal Newsline - A California federal court has refused to throw out a lawsuit that challenges the state’s…more

California, Cancer, Chamber of Commerce, Chemicals, Food Labeling

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How the Coronavirus Is Impacting US Elections

According to a multi-country comparative graph created by The Johns Hopkins University, the United States seemingly has more months to go before we can return to normal activity — like conducting elections. Fifteen states…more

Coronavirus/COVID-19, Presidential Elections, Primary Elections

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The Medicare Secondary Payer Act Prohibits Disparate Impact Discrimination, the Sixth Circuit Rules

The Sixth Circuit has issued an important decision that condemns plan provisions that provide different benefits based on a patient’s need for continued dialysis, even if the provision applies to all dialysis patients and not…more

Anti-Discrimination Policies, Dialysis, Disparate Impact, ERISA, Medicare

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Pandemic Liability Shield the Epicenter of Congressional Relief Negotiation

Amid stalling talks between Congressional leaders over the content of new Coronavirus relief and economic stimulus legislation, the issue of providing for temporary restrictions on pandemic related lawsuits has emerged as an…more

Chamber of Commerce, Coronavirus/COVID-19, Economic Stimulus, Educational Institutions, Relief Measures

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Top Considerations for Reopening Fashion and Retail Companies Amidst COVID-19

As government officials begin to discuss reopening the economy, apparel brands should think about what preventative measures need to be implemented prior to reopening their retail locations across the country. While these…more

Compliance, Coronavirus/COVID-19, Customers, Employment Policies, Fashion Industry

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JPMorgan Chase DPA Provides Insight into Government’s Assessment of Compliance Programs

On September 29, 2020, US authorities announced that they reached an agreement with JPMorgan Chase & Co. (JPMorgan Chase) to settle criminal charges related to two distinct years-long market manipulation schemes involving…more

CFTC, Compliance, Criminal Penalties, Disgorgement, DOJ

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Arent Fox Secures Patent for Crypto-Asset Recovery Using Blockchain Technology

Arent Fox has procured for Bloomio, a fintech pioneer and provider of a blockchain-based investment platform, a U.S. patent covering a new technology for crypto-asset recovery. There has been a tremendous increase in…more

Blockchain, Cryptoassets, FinTech, Patents, USPTO

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New Developments in COVID-19 Litigation for New York City Landlords: Saving Grace or Hail Mary?

Since the COVID-19 pandemic began, real estate owners and tenants have faced unprecedented day-to-day operational challenges from the loss of business and income. Two new real estate lawsuits seek to address these issues. The…more

Contracts Clause, Coronavirus/COVID-19, Executive Orders, Frustration of a Common Purpose, Governor Cuomo

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Investigations Newsletter: Department of Justice Announces $8.3 Billion Settlement with Opioid Manufacturer Purdue Pharma and Members of the Sackler Family

Department of Justice Announces $8.3 Billion Settlement with Opioid Manufacturer Purdue Pharma and Members of the Sackler Family - On October 21, the Department of Justice (DOJ) announced that it reached a global resolution of…more

Anti-Kickback Statute, Bankruptcy Court, DEA, DOJ, False Claims Act (FCA)

See all updates »

Understanding the Direction of Investor-State Dispute Settlement in 2020: By the Numbers

The World Bank’s International Centre for Settlement of Investment Disputes (ICSID), the leading arbitration venue for investor-State arbitration, has released its FY2020 caseload statistics. This information indicates that,…more

Arbitration, EU, ICSID, Investor State Dispute Settlement (ISDS), United States-Mexico-Canada Agreement (USMCA)

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Seventh Circuit Affirms the Availability of Head Start Damages in Trade Secrets Cases

On August 20, 2020, the US Court of Appeals for the Seventh Circuit affirmed a $140 million jury verdict in a published opinion reiterating the important role of unjust enrichment damages in compensating victims of trade secret…more

Appeals, Corporate Counsel, Defend Trade Secrets Act (DTSA), Misappropriation, Research and Development

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Alert Newsletter: Challenge To Coffee-Causes-Cancer Label To Continue, Possibly Resolve Dozens of Lawsuits Against Businesses

Challenge To Coffee-Causes-Cancer Label To Continue, Possibly Resolve Dozens of Lawsuits Against Businesses - Legal Newsline - A California federal court has refused to throw out a lawsuit that challenges the state’s…more

California, Cancer, Chamber of Commerce, Chemicals, Food Labeling

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No Reservations in Battle to Protect BOOKING.COM as a Registrable Trademark

The Supreme Court finds that a “generic.com” mark can be a protectable trademark if there is evidence that consumers recognize it as a source indicator, i.e., the mark has achieved secondary meaning in association with the…more

Acquired Distinctiveness, Appeals, Booking.com, Domain Name Registration, Generic Marks

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White House, Through NTIA Petition Filed With FCC, Seeks to Curb Social Media Provider Immunity

In response to President Trump’s May 28, 2020 Executive Order on Preventing Online Censorship, the National Telecommunications and Information Administration (NTIA) filed a Petition for Rulemaking at the Federal Communications…more

Executive Orders, FCC, Good Faith, Immunity, Petition for Rulemaking

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COVID-19 Stimulus Legislation Aims to Make Chapter 11 Easier for Many More Small Businesses

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief and Economic Security Act (CARES Act), a Senate bill passed just days earlier in response to the public health crisis that has emerged from the…more

CARES Act, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19, Creditors

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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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Investigations Newsletter: Department of Justice Announces $8.3 Billion Settlement with Opioid Manufacturer Purdue Pharma and Members of the Sackler Family

Department of Justice Announces $8.3 Billion Settlement with Opioid Manufacturer Purdue Pharma and Members of the Sackler Family - On October 21, the Department of Justice (DOJ) announced that it reached a global resolution of…more

Anti-Kickback Statute, Bankruptcy Court, DEA, DOJ, False Claims Act (FCA)

See all updates »

New Legislation: The Pandemic Risk Insurance Act of 2020

Congressional Rep. Carolyn Maloney of New York has introduced a bill, H.R. 7011, titled the Pandemic Risk Insurance Act of 2020 (the Act). The purpose of the Act is to establish a Federal program, including a Pandemic Risk…more

Coronavirus/COVID-19, Infectious Diseases, Insurance Industry, Interim Final Rules (IFR), New Legislation

See all updates »

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

See all updates »

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

See all updates »

Employment Best Practices for Hotel Operators During the Pandemic

As travel increases despite ongoing pandemic concerns, hotel operators must address how to welcome back the increased workforce needed to care for more guests. While some hotels remained open during quarantine with skeletal…more

ADA, ADEA, Best Practices, EEOC, Employee Training

See all updates »

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

See all updates »

Human Rights Now Part of US Export Licensing Review for Nearly All Export Licenses

Target areas are telecom, information security, and sensor items that can be used for censorship, surveillance, detention, and use of force. On October 6, 2020, the US Department of Commerce, Bureau of Industry and Security…more

BIS, China, Exporters, Exports, Final Rules

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CMS Streamlines CLIA’s Clinical Lab Certification Process for COVID-19 Testing

On September 25, 2020, the Centers for Medicare & Medicaid Services (CMS) announced that it streamlined the federal Clinical Laboratory Improvement Amendments (CLIA) certification process for laboratories applying to perform…more

Certificates of Compliance, CLIA, CMS, Coronavirus/COVID-19, Virus Testing

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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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SBA Notice Paves the Way for Change of Ownership Transactions by PPP Borrowers

For several weeks, parties to pending merger and sale transactions involving Paycheck Protection Program (PPP) loans have been asking what will happen to PPP loan forgiveness applications if a borrower sells its business prior…more

Borrowers, Change of Ownership, Loan Forgiveness, New Guidance, Paycheck Protection Program (PPP)

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Federal Reserve Board Releases Term Sheets for Nonprofit Organization Loan Facilities Under Main Street Lending Program

On Friday, July 17, 2020, the Federal Reserve Board released term sheets for the nonprofit loan facilities (the Nonprofit Organization New Loan Facility (NONLF) and the Nonprofit Organization Expanded Loan Facility (NOELF) (each…more

Coronavirus/COVID-19, Federal Reserve, IRS, Main Street Lending Programs, Term Sheets

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Health Care Providers on High Alert: COVID-19 Billing & Reimbursement Issues

Below are six reimbursement issues that health care providers should be on “high alert” for as the COVID-19 crisis persists. An increasing number of patients will be losing their health insurance coverage…more

CARES Act, CMS, COBRA, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA)

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Class Action Lawsuits Mount in Response to COVID-19

As the fallout from the COVID-19 pandemic continues across the nation, consumers and businesses alike are resorting to class action litigation to air their grievances. Since the onset of the pandemic, a wide range of class…more

Airlines, Class Action, Colleges, Consumers, Coronavirus/COVID-19

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CMS Streamlines CLIA’s Clinical Lab Certification Process for COVID-19 Testing

On September 25, 2020, the Centers for Medicare & Medicaid Services (CMS) announced that it streamlined the federal Clinical Laboratory Improvement Amendments (CLIA) certification process for laboratories applying to perform…more

Certificates of Compliance, CLIA, CMS, Coronavirus/COVID-19, Virus Testing

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Price Gouging: What Businesses Need to Know

The COVID-19 pandemic has led to widespread reports of price gouging on hand sanitizer, protective masks, gloves, and other essential supplies. Such excessive or unconscionable price increases are illegal under state price…more

Consumer Protection Commissions, Coronavirus/COVID-19, Essential Goods, Goods or Services, Health and Safety

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Goods From China Under Heavy Forced Labor Scrutiny By US

On September 14, 2020, the Department of Homeland Security (DHS) through Customs and Border Protection (CBP) issued new withhold release orders (WRO) aimed at entities involved in the importation, downstream manufacturing,…more

China, Customs and Border Protection, DHS, Forced Labor, Goods or Services

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CFIUS 2.0: Mandatory Filings Now Pegged to Export Control Rules

The Committee on Foreign Investment in the United States (CFIUS) is now following new rules on mandatory filings for certain foreign investments in critical technology companies. As a refresher, CFIUS is the US Government’s…more

BIS, CFIUS, Corporate Counsel, Critical Infrastructure Sectors, DDTC

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PPP Application Period Extended 5 More Weeks

On July 4, 2020, the PPP Extension Bill (PPP Extension), was enacted to give small businesses more time to apply for loans under the Paycheck Protection Program (PPP). With approximately $130 billion remaining available…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Relief Measures, Small Business

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Several States May Join the Cannabis Legalization Bandwagon this November

Election Day 2020 is around the corner. Today, cannabis use is legal either for medicinal or adult recreational use (or both) in 35 states. Of those, adult recreational use is legal in 11 states and Washington, D.C. However,…more

Cannabis Products, Cole Memorandum, Coronavirus/COVID-19, Decriminalization of Marijuana, Medical Marijuana

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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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CFIUS 2.0: Mandatory Filings Now Pegged to Export Control Rules

The Committee on Foreign Investment in the United States (CFIUS) is now following new rules on mandatory filings for certain foreign investments in critical technology companies. As a refresher, CFIUS is the US Government’s…more

BIS, CFIUS, Corporate Counsel, Critical Infrastructure Sectors, DDTC

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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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Buyer Beware: Health Plans Need to Exercise Caution in Retaining Third-Party Administrators and Medical Claim Reviewers

A federal court in Nebraska recently rejected a health plan’s fiduciary breach claims under the Employee Retirement Income Security Act of 1974 (ERISA) against third-party service providers, holding that the service providers…more

Benefit Plan Sponsors, Breach of Duty, Employer Group Health Plans, ERISA, Fiduciary Duty

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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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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, Detainees, DOJ

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CMS’s Finalized Radiation Oncology Model Changes Payments for Radiation Therapy

On September 18, 2020, under the authority of the Center for Medicare and Medicaid Innovation, CMS finalized the new Radiation Oncology Alternative Payment Model (Model), with a new payment methodology for radiation therapy (RT)…more

Cancer, CBSA, CMS, Fee-for-Service, Medicare

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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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Former State Department Lawyers Ask Supreme Court To Leave FSIA Scope To Congress

On September 10, former US State Department lawyers filed a joint amicus brief in the Supreme Court encouraging the justices to reverse a DC Circuit court decision altering the FSIA. The Amicus Brief - Filed in support of…more

Amicus Briefs, Foreign Sovereign Immunities Act of 1976 (FSIA), Human Rights, SCOTUS, US Department of State

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Executive Order 13950: OFCCP Requests Information on Workplace Diversity Training

As we’ve reported, earlier this month the White House issued Executive Order 13950, which prohibits federal contractors, subcontractors, and grant recipients from inculcating “race or sex stereotyping,” “race or sex…more

Employee Training, Executive Orders, Federal Contractors, OFCCP, Request For Information

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Main Street Lending Program: Updated Benefits for Senior Living Facility 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

Assisted Living Facilities (ALFs), Borrowers, Economic Injury Disaster Loans, Federal Reserve, Interest Rates

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ISDA 2020 IBOR Fallbacks Protocol

The focus of regulators in the United States and the United Kingdom had been to correctly transition away from LIBOR due to past bank manipulations. After nearly two (2) years in the making, the International Swaps and…more

Agents, Arbitration, Borrowers, DOJ, ICC

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Schrems II and the Possibility of a Privacy Shield Successor: Will History Repeat Itself?

Last week started and ended with big announcements in the privacy world. At the end of the week, on August 14th, the regulations implementing the California Consumer Privacy Act of 2018 (CCPA) were finally declared final - more…more

Binding Corporate Rules, California Consumer Privacy Act (CCPA), CJEU, EU, EU-US Privacy Shield

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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, FTC

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Growing Global Movement to Restrict Single-Use Plastic Bags

According to the United Nations, 127 countries have passed regulations on single-use plastic bags in an effort to incentivize consumers to use reusable bags when shopping. The scope of these regulations varies from country to…more

Africa, Asia, Australia, Austria, Belgium

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Autumn Amendments to the CCPA

The California Consumer Privacy Act (CCPA), the landmark privacy law making waves since taking effect earlier this year, has continued to evolve as legislators and the California Office of the Attorney General refine and clarify…more

California Consumer Privacy Act (CCPA), Data Breach, Governor Newsom, HIPAA, Moratorium

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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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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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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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CFIUS 2.0: Mandatory Filings Now Pegged to Export Control Rules

The Committee on Foreign Investment in the United States (CFIUS) is now following new rules on mandatory filings for certain foreign investments in critical technology companies. As a refresher, CFIUS is the US Government’s…more

BIS, CFIUS, Corporate Counsel, Critical Infrastructure Sectors, DDTC

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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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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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TTB Issues Final Rule Modernizing Labeling and Advertising Regulations for Alcoholic Beverages

The Alcohol and Tobacco Tax and Trade Bureau of the US Treasury Department published a final rule on April 2, 2020, modernizing labeling and advertising regulations for alcoholic beverages. The rule is intended to give more…more

Advertising, Final Rules, TTB, Wine & Alcohol

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Texas Bankruptcy Judge Lifts PPP Bankruptcy Bar for Debtor on Front Line of COVID-19 Response

The Paycheck Protection Program (PPP) is one of several lifelines extended by Congress to small businesses struggling to survive the COVID-19 public health crisis. The PPP was established by the Coronavirus Aid, Relief and…more

Bankruptcy Code, Paycheck Protection Program (PPP), Popular, Preliminary Injunctions, Restraining Orders

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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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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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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, FTC

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PPP Application Period Extended 5 More Weeks

On July 4, 2020, the PPP Extension Bill (PPP Extension), was enacted to give small businesses more time to apply for loans under the Paycheck Protection Program (PPP). With approximately $130 billion remaining available…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Relief Measures, Small Business

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New Legislation: The Pandemic Risk Insurance Act of 2020

Congressional Rep. Carolyn Maloney of New York has introduced a bill, H.R. 7011, titled the Pandemic Risk Insurance Act of 2020 (the Act). The purpose of the Act is to establish a Federal program, including a Pandemic Risk…more

Coronavirus/COVID-19, Infectious Diseases, Insurance Industry, Interim Final Rules (IFR), New Legislation

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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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Sinclair v. Ziff Davis et al.: Read the Platform’s Terms of Use Before You Post Content to Social Media

Most users of social media simply do not appreciate the risks involved in using the platform for its intended purposes—the mass dissemination of content. Indeed, among the benefits and drawbacks of social media is one surety—its…more

Copyright, Instagram, Photographs, Privacy Policy, Social Media

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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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Federal Circuit Reaffirms Application of Categorical-Taking Analysis for Temporary Fifth Amendment Takings Claims in Rails-to-Trails Cases

On May 29, 2020, the Federal Circuit issued its decision in Caquelin v. United States, reaffirming precedent governing the way courts evaluate the taking of private property in Rails-to-Trails litigation—specifically, that a…more

Appeals, Applications, Easements, Fifth Amendment, Railroads

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New Developments in COVID-19 Litigation for New York City Landlords: Saving Grace or Hail Mary?

Since the COVID-19 pandemic began, real estate owners and tenants have faced unprecedented day-to-day operational challenges from the loss of business and income. Two new real estate lawsuits seek to address these issues. The…more

Contracts Clause, Coronavirus/COVID-19, Executive Orders, Frustration of a Common Purpose, Governor Cuomo

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If At First You Don’t Succeed: After Years of Rejection, California Nurse Practitioners Have a Path to Independent Practice

For the first time, California has granted nurse practitioners who meet certain qualifications a separate scope of practice. This eventually will allow them to practice specified medical functions independently, without…more

California, Governor Newsom, Healthcare Reform, Nurse Practitioners

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Waiting to Exhale: HEROES Act Opens Door for Cannabis Banking

The new bill, which follows April 23, 2020 legislation aimed at opening COVID-19 emergency response funding to cannabis businesses, offers a previously unclear path forward for financial services to the cannabis industry by…more

Cannabis-Related Businesses (CRBs), Coronavirus/COVID-19, Financial Services Industry, SAFE Act, Shelter-In-Place

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The End of LIBOR: Further Market Liquidity Issues in Light of Market Turmoil

Last week, most observers focused on the more than 11% drop in the stock market due to public health and related supply concerns. In response, the Federal Reserve made an aggressive 50 basis point interest rate cut on March 4,…more

Banking Sector, Financial Institutions, Financial Services Industry, FOMC, Libor

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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 Proposes to Revise “Intended Use” Regulations (Again) to Clarify that Knowledge Alone Is Not Sufficient to Establish Intent

Last week FDA published a proposed rule that would revise the agency’s “intended use” regulations to clarify that a manufacturer’s knowledge of off-label use of its drug or device is, by itself, not sufficient to establish a…more

False Claims Act (FCA), FDA Approval, FDCA, Final Rules, Health Care Providers

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New Legislation: The Pandemic Risk Insurance Act of 2020

Congressional Rep. Carolyn Maloney of New York has introduced a bill, H.R. 7011, titled the Pandemic Risk Insurance Act of 2020 (the Act). The purpose of the Act is to establish a Federal program, including a Pandemic Risk…more

Coronavirus/COVID-19, Infectious Diseases, Insurance Industry, Interim Final Rules (IFR), New Legislation

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HHS Releases Long-Awaited CARES Act Provider Relief Fund Reporting Requirements: What it Means for Recipients

HHS has finalized the CARES Act provider reporting and recoupment rules and they are different from those put forth in the proposed form. Providers should take careful note — the new requirements are significant and…more

CARES Act, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, HRSA

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COVID-19 Class Action Update: Employment, PPP, Business Interruption Insurance, and Airline Refunds Drive New Litigation

In addition to battling class certification, businesses swept into these class actions may be faced with consolidation motions in multidistrict forums. The Arent Fox Class Actions group has been tracking COVID-19 class action…more

Airlines, Arbitration, Business Interruption, CARES Act, Class Action

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RIP CIV! BIS to Remove License Exception CIV from the EAR

Rumors have circulated through the export community for months, and the Bureau of Industry and Security (BIS) has finally acted. In a final rule published April 28, 2020, BIS is removing License Exception Civil End-Users (CIV)…more

BIS, China, ECCNs, Exports, Russia

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Welcoming Hong Kong to the Madrid Protocol

Hong Kong is gearing up to implement the international registration system under the Madrid Protocol in the next two years. International Protection for Trademarks - On June 19, 2020, the Trademarks (Amendment) Ordinance,…more

China, EU, Hong Kong, International Registry, Madrid Protocol

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New Jersey On The Eve Of Enacting Anti-STOLI Legislation That May Have Little Practical Impact

After several false starts, New Jersey is on the verge of passing legislation aimed at prohibiting stranger-originated life insurance (STOLI) that while broad in scope, may have little practical impact. The bill, A1263 (the…more

Life Insurance, New Jersey, Third-Party

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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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SDNY Clothes-Minded Against Elie Tahari’s Copyright Infringement Defenses

The Southern District of New York recently ruled against fashion designer, Elie Tahari, Ltd. (Tahari), in a copyright lawsuit over Tahari’s unauthorized post of an image to social media. Iantosca v. Elie Tahari Ltd., No…more

Copyright Infringement, Copyright Office, Copyright Registration, New York, Social Media

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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 Requires Smaller Employers Provide Family and Medical Leave, With Other Major Expansions

Effective January 1, 2021, California employers must provide significantly expanded family and medical leave under state law. Senate Bill 1383, signed by Governor Gavin Newsom, extends family and medical leave requirements…more

California, California Family Rights Act (CFRA), FMLA, Governor Newsom, Medical Leave

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Recent Litigation and Proposed Legislation Reexamine Product Liability for Online Marketplaces

As online shopping picked up during the COVID-19 pandemic due to brick-and-mortar closures, so too have questions about liability for online marketplaces. Traditionally, online marketplaces—e-commerce platforms that offer…more

Brick-and-Mortar Stores, California, Coronavirus/COVID-19, Online Marketplace, Proposed Legislation

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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, ERISA, Oral Argument, Petition for Writ of Certiorari, Pharmacies

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

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

Agricultural Sector, Cannabis Products, Comment Period, Controlled Substances Act, DEA

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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 Impact of COVID-19 on Assisted Living Facilities

Assisted living providers are uniquely impacted by the spread of COVID-19 because they offer a hybrid homelike and health care setting for one of the country’s most vulnerable populations. As the situation is constantly…more

Assisted Living Facilities (ALFs), Coronavirus/COVID-19, Long Term Care Facilities, Nursing Homes, Visitors

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Supreme Court Holds Willful Trademark Infringement Not Required for Disgorgement of Fossil’s Profits

Is a plaintiff in a trademark infringement suit required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to an award of defendant’s profits? This is an important, age-old, yes-or-no…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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Recent Opinion from New York State Court Curtails Indenture Trustees’ Authority to Commence Pre-Default Actions

New York County Supreme Court Justice Schecter dismissed a fraudulent conveyance action brought by UMB Bank, N.A., the indenture trustee for certain of Neiman Marcus’ senior notes, on the basis that the applicable indenture did…more

Appeals, Declaratory Relief, Fraudulent Conveyance, Indenture Trustee, Neiman Marcus

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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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EUAs for Laboratory Developed COVID-19 Tests Will No Longer Be Reviewed by the FDA

The FDA announced on October 7 that it will no longer review requests for Emergency Use Authorizations (EUAs) for COVID-19 laboratory developed tests – so called “LDTs.” This is a substantial change in Agency policy. From the…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Emergency Use Authorization (EUA), FDA, Laboratory Developed Tests

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The USMCA: Sealed, Delivered and Now In Play

By the time you open this alert, the USMCA will have been formally and officially launched. These are still early days and there remains much to be clarified by pending rulemaking. We know what we know and we know what we…more

Automotive Industry, Certifications, Customs and Border Protection, NAFTA, United States-Mexico-Canada Agreement (USMCA)

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Third Circuit Favors Cramdown’s ‘Flexibility’ and ‘Rough Justice’ Over Strict Enforcement of Subordination Agreements

Eight years after the Delaware bankruptcy court confirmed the chapter 11 plan of Tribune Company and its affiliates, the United States Court of Appeals for the Third Circuit (the Court) affirmed the bankruptcy court’s holdings…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Debtors

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Low Applicable Federal Rates Provide Flexibility in Reducing or Forgiving Interest without Adverse Tax Consequences

The COVID-19 pandemic of 2020 has caused significant financial hardship in the hospitality industry. This alert addresses the tax consequences of a lender and borrower agreeing to restructure a loan by either: (1) reducing…more

Borrowers, Coronavirus/COVID-19, Debt Instruments, Interest Income, Interest Rates

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No Reservations in Battle to Protect BOOKING.COM as a Registrable Trademark

The Supreme Court finds that a “generic.com” mark can be a protectable trademark if there is evidence that consumers recognize it as a source indicator, i.e., the mark has achieved secondary meaning in association with the…more

Acquired Distinctiveness, Appeals, Booking.com, Domain Name Registration, Generic Marks

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Summarizing the Paycheck Protection Program

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 small…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Paycheck Protection Program (PPP), SBA

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Congress Weighs Federal Liability-Relief Legislation to Encourage Business Re-Openings

With the gradual lifting of stay-at-home orders and efforts to re-open the economy, business owners and employers are concerned that they may face a flood of lawsuits involving claims of unsafe practices brought by customers or…more

Coronavirus/COVID-19, Employer Liability Issues, New Legislation, Public Health, Re-Opening Guidelines

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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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Supreme Court Overturns Rule that Only Signatories Can Compel International Arbitration

On June 1, 2020, the US Supreme Court unanimously ruled a non-signatory to an international arbitration agreement can enforce that agreement and rely on domestic state law doctrines to compel others to arbitrate. By…more

Arbitration, Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Estoppel, Federal Arbitration Act, France

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AF COVID-19 Podcast: PPP Loan Forgiveness - What Dealers Need to Know

You’ve secured a PPP Loan to help weather the pandemic. Now, the SBA and Treasury have released a Loan Forgiveness Application to help lighten your financial burden. In today’s podcast, Aaron Jacoby, Russ McRory, and Justin…more

Automotive Industry, CARES Act, Coronavirus/COVID-19, Loan Applications, Loan Forgiveness

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Supreme Court Holds Willful Trademark Infringement Not Required for Disgorgement of Fossil’s Profits

Is a plaintiff in a trademark infringement suit required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to an award of defendant’s profits? This is an important, age-old, yes-or-no…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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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