Alerts

We are pleased to provide you with the updated, 2019 version of the Arent Fox Survey of Data Breach Notification Statutes.

Soon, elected officials in Washington will be booking their return flights to the capital now that Labor Day has come and gone. After a torrid summer, the cooler autumn months ahead will be welcome news.

Headlines that Matter for Companies and Executives in Regulated Industries

In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and Master Perfumer and CEO of DreamAir Christophe Laudamiel discuss how to find your signature scent, how a scent is made, and what notes don’t mix well together.

List 4A goes into effect, all Section 301 tariffs to increase by 5 percent, USTR deadlines loom, and the President orders American companies to “search for alternatives” to China sourcing. This is your end-of-summer Section 301 China tariffs roundup.

Informal guidance memos can be a powerful tool — allowing agencies to quickly pivot following a change in administration, avoiding the time and expense associated with the notice and comment process.

In recent years, the Committee on Foreign Investment in the United States (CFIUS) has taken a much stronger interest in the national security ramifications of sensitive data falling into the hands of foreign adversaries, including the sensitive personal data of American citizens.

A divided panel of the National Labor Relations Board (NLRB or Board) ruled that the stand-alone misclassification of a worker as an independent contractor instead of an employee does not violate the National Labor Relations Act (NLRA or Act). Velox Express, Inc., Case 15-CA-184006.

Headlines that Matter for Companies and Executives in Regulated Industries

In a split decision, the National Labor Relations Board (NLRB or the Board) ruled last week that a property owner that is not in any underlying labor dispute, does not have to grant access to off-duty employees of an onsite contractor to exercise their Section 7 rights, including leafletting.

The DoD, General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement a key provision of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY19 NDAA). 

Headlines that Matter for Companies and Executives in Regulated Industries

The TTAB recently refused registration to two trademark applications for cannabis and marijuana vaporizers, finding no bona fide intent to lawfully use the marks in commerce because the vaporizers are classified as unlawful drug paraphernalia under the CSA. 

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 sometimes complex considerations for different licenses and exceptions.

The National Labor Relations Board recently issued a 113-page Notice of Proposed Rulemaking as the first of a planned series of revisions to its representation procedures under Section 9 of the National Labor Relations Act.  

In April, the U.S. Consumer Product Safety Commission (CPSC) and the Department of Justice (DOJ) broke new ground by indicting two former officials of a company accused of failing to timely report a potential product safety hazard to the CPSC.

SB 330, the Housing Crisis Act of 2019, is making its way through the California Legislature, and will be heard by the Assembly Appropriations Committee on Wednesday, August 21, 2019. 

In its groundbreaking decision in Epic Systems Corp. v. Lewis, 584 US ___, 138 S. Ct. 1612 (2018), the Supreme Court held that the National Labor Relations Act permits employer/employee agreements that contain class- and collective-action waivers and mandate arbitration for employment disputes. 

The US Senate is poised to confirm Tom Feddo to run CFIUS as Assistant Secretary of the Treasury for Investment Security, increasing the bandwidth of CFIUS at a critical time in its history.

Headlines that Matter for Companies and Executives in Regulated Industries

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 to an applicant’s foreign representative.

After enacting progressive sexual harassment laws just last year, New York State (NYS) lawmakers have once again strengthened employee protections in the workplace.

As the #MeToo movement continues to sweep the country, on August 9, 2019, Governor J.B. Pritzker signed into law Illinois Senate Bill 75 (now Public Act 101-0221) which will mandate statewide sexual harassment training for employers in Illinois.

Despite a recent setback, a right of publicity lawsuit filed by the actress Brooke Shields against a cosmetics company and several major retailers will proceed in California state court.

Headlines that matter for privacy and data security.