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Join International Trade & Investment associates James Kim and Mario Torrico for an in-person event with the Professional Association of Exporters and Importers.
Join Leah Scarpelli and former US Congressman Philip English for a Canadian Institute of Steel Construction webinar.
Tom Abendroth will present during two sessions at the 2025 Heckerling Institute.
Government Relations Co-Leader Dan Renberg, Co-Chairs Phil English and Byron Dorgan, and Partner Elizabeth Horner will join the Brazilian-American Chamber of Commerce in a webinar examining the implications of the 2024 Presidential and Congressional election results on January 8, 2025.
State governments increasingly engage on climate issues. In search of a new source of funding for hundreds of billions of dollars in anticipated climate adaptation costs, a recent New York state law could impose $75 billion of liability on major fossil fuel companies.
Headlines that Matter for Companies and Executives in Regulated Industries
The Federal Trade Commission (FTC) has continued its crackdown on false and misleading “Made in USA” claims. Since finalizing the Made in the USA Labeling Rule in 2021, which authorizes the agency to levy civil penalties against noncompliant companies, the FTC has brought 11 enforcement actions, resulting in over $15 million in judgments against parties found to have falsely labeled their products as being “Made in the USA.”
On December 6, 2024, the Office of Environmental Health Hazard Assessment, the lead agency that implements Proposition 65, announced new amendments to the Proposition 65 “short-form” warning requirements.
The California Air Resources Board (CARB) announced this month that it will use enforcement discretion for the first greenhouse gas (GHG) emission reports due in 2026 to allow regulated businesses (doing business in California with annual revenue of over $1 billion) to report on GHG metrics using older data. CARB is also seeking public comment (due February 14, 2025) on the implementation of the GHG reporting requirements and those related to the disclosure of climate-related financial risks.
On December 12, the US Fish and Wildlife Service (FWS) issued a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act of 1973 (ESA). Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Monarch Butterfly and Designation of Critical Habitat, 89 Fed. Reg. 100662, et seq. The proposed rule, if it becomes final, could have significant impacts on agriculture in the United States.
Two years after the enactment of the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), the US Food and Drug Administration (FDA) has published the long-awaited proposed rule on talc-containing cosmetics.
California’s Proposition 65 requires businesses to provide warnings to California consumers about significant exposures to chemicals it has determined to cause cancer, birth defects, or other reproductive harm when exposure to the chemicals exceeds an established safe harbor level in a consumer product.
Beginning on January 1, 2025, New York employers in the private sector will be required to provide up to 20 hours of paid leave during any 52-week period for employees to attend prenatal appointments or obtain health care services related to their pregnancy.
Adding yet another chapter to the Corporate Transparency Act (CTA) saga, the US Court of Appeals for the Fifth Circuit on December 26 issued an order vacating its stay of the Texas federal district court’s preliminary nationwide injunction barring the US government’s enforcement of the CTA. As a result, the government is again prohibited from enforcing the CTA and its beneficial ownership information reporting rule.
On December 23, the US Court of Appeals for the Fifth Circuit stayed the nationwide preliminary injunction barring the US government’s enforcement of the Corporate Transparency Act (CTA) and its rule requiring the reporting of “beneficial ownership information” (BOI) that had been issued by the US District Court for the Eastern District of Texas on December 3 in Texas Top Cop Shop, Inc. v. Garland (Docket No. 4:24-CV-478).
In the environmental space, 2024 has been a memorable year with regulatory efforts and court decisions touching on every aspect of environmental and energy regulation, capped out by a closely divided election.
In a pending lawsuit in the US District Court for the Southern District of New York (SDNY), OpenAI Inc. recently failed to convince the court to dismiss allegations that it improperly removed copyright management information from news articles used to train its large language models. While still early, the court’s favorable decision for The Intercept Media, Inc. could serve as a model for other news organizations and rights holders seeking to discourage the unauthorized use of their works by artificial intelligence (AI) developers.
2025 is set to be another important year for US state privacy laws, with five new laws effective in January and three more coming into effect through October. New laws in Delaware, Iowa, Nebraska, and New Hampshire will go into effect on January 1, 2025, while New Jersey’s law will follow on January 15, 2025. Below, we detail these laws effective in January. Make sure to check back here in 2025 for more information on the laws effective in July and October.
In November, we wrote about Massachusetts legislative and regulatory updates that impact both nursing homes and assisted living residences.
Proponents of more comprehensive climate regulations who are frustrated by the federal government have increasingly turned their attention to state litigation.
Plaintiffs Dow Jones & Company, Inc., NYP Holdings, Inc., and corporate parent News Corporation have renewed their intellectual property (IP) complaint against artificial intelligence (AI)-powered “answer engine” Perplexity AI in the District Court for the Southern District of New York.
Employment arbitration agreements are an important tool for employers who wish to resolve workplace disputes in a more streamline fashion and, more importantly, avoid class and collective actions. However, enforcing arbitration agreements can become challenging and complex, especially when multiple related entities and non-signatories are involved.
Headlines that Matter for Companies and Executives in Regulated Industries
A quick glance on the Zero Emission Transportation Association (ZETA) homepage reveals an impressive list of well-known corporate icons of the electric vehicle (EV) world.
On October 25, the International Centre for Settlement of Investment Disputes (ICSID) released its 2024 Annual Report, which highlights significant trends and statistics in ICSID’s cases during the fiscal year ending on June 30, 2024 (FY2024). ICSID administered 341 cases in that period (which was just five short of 346 cases in FY2022), marking the second-highest caseload in its history — a testament to its pivotal role in global investment dispute resolution.