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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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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)
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).
Anti-SLAPP, Appeals, Cal Code of Civil Procedure, Health Care Workers, Hospitals
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
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
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
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
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
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
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
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)
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)
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
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.
Arbitration, Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Estoppel, Federal Arbitration Act, France
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
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
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
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
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
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)
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
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
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
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
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
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 -
5G Network, Agricultural Sector, FCC, Internet, Technology
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
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
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
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
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
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
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
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
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
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
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
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.
Counterfeit Goods Regulation, E-Commerce, Internet Retailers, Liability, Retail Market
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
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
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
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)
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
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
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
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
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
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
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.
Coronavirus/COVID-19, Presidential Elections, Primary Elections
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
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
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
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
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
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.
Contracts Clause, Coronavirus/COVID-19, Executive Orders, Frustration of a Common Purpose, Governor Cuomo
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)
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
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
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
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
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
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
...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
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
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
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
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
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)
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Borrowers, Hotels, Libor, Main Street Expanded Loan Facility, Main Street Lending Programs
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.
Coronavirus/COVID-19, Department of Health and Human Services (HHS), Emergency Use Authorization (EUA), FDA, Laboratory Developed Tests
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)
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
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
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
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