Alerts

Last week, the United States District Court for the District of Delaware (the “Court”) reversed a 2015 decision by the Delaware Bankruptcy Court (the “Bankruptcy Court”) disallowing the portion of an unsecured claim filed by appellant Wilmington Trust Company (“WTC”) for postpetition attorneys’ fees

The Office of Inspector General for the Department of Health and Human Services recently published its Semiannual Report to Congress, for the period April 1 to September 30, 2018.

The Monthly Wrap: News, insights, and analysis from Arent Fox’s International Arbitration team.

Today’s oral arguments in Supreme Court case Helsinn Healthcare v. Teva illustrate the power that a successful appeal could have to change a longstanding doctrine and significantly impact how businesses handle intellectual property transactions.

On November 15, 2018, the Financial Crimes Enforcement Network (FinCEN) issued its sixth Geographic Targeting Order (GTO) aimed at preventing money laundering in all-cash residential real estate purchases made by legal entities.

At an FCPA conference on November 29, Deputy Attorney General Rod Rosenstein announced revisions to DOJ’s policy regarding pursuit of individuals involved in corporate wrongdoing. The current policy, memorialized in the 2015 “Yates Memo,” instructed that, “[t]o be eligible for any cooperation credit

As climate change is integrated more and more into the planning of corporate opportunities and risks, the Fourth National Climate Assessment released last week may be a valuable resource to assess how climate change may impact your business strategy on the horizon.

For more than two decades, a broad range of cross-border financial transactions between the United States, Canada, and Mexico were ruled by the 1994 NAFTA.

One year has passed since significant tax law changes were enacted in December 2017. The overall impact of the Tax Cut and Jobs Act of 2017 (TCJA) on estate and tax planning for individuals and their families is close to what we expected — it’s been a mixed bag for taxpayers.

Action Alert: BIS Publishes List of Emerging Technologies That It Is Considering Subjecting to Unilateral US Export Controls. Your Company May Need to File Comments by December 19, 2018!

The Centers for Medicare & Medicaid Services (CMS) released an advance notice of proposed rulemaking (the ANPR) seeking comments on its proposal to dramatically change the way the agency pays for separately payable Part B drugs and biologicals.

Indenture trustees and agents participate in the administration of chapter 11 cases in a number of ways, including by protecting holders’ rights, ensuring compliance with the applicable indenture and other agreements, and fulfilling their duties and responsibilities under applicable law.

Headlines that Matter for Companies and Executives in Regulated Industries

A federal district court in the Southern District of New York dismissed claims filed against a CEO in his individual capacity under the False Claims Act’s anti-retaliation provision, and also rejected an alter-ego theory of liability.

Arent Fox’s 2018 edition of the C-Suite at Risk, A Study of Individual Liability Under the FCPA examines every individual charged with a civil or criminal violation of the FCPA since 2005.

In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and WWD Reporter Kali Hays discuss how media has evolved over the past year.

Starting on January 1, 2020, automotive dealers will need to comply with the strongest online privacy law in the United States, the California Consumer Privacy Act of 2018.

To combat counterfeiting on the Amazon marketplace, Amazon implemented Amazon Brand Registry, a program that allows companies to register trademarks directly with Amazon and offers tools that increase the speed and ease with which counterfeit products are identified and removed.

With only two months until the January 1 implementation of the final State Cannabis Regulations, the California agencies given licensing authority under the Medicinal and Adult-use Cannabis Regulation and Safety Act posted last minute changes that are causing quite a buzz in the cannabis community. 

Headlines that Matter for Companies and Executives in Regulated Industries

This August, Ohio became the first state in the nation to pass a law incentivizing organizations to develop a strong data protection and cybersecurity program.

On October 26, 2018, the Health Resources and Services Administration (HRSA) updated its online National Practitioner Data Bank (NPDB) Guidebook for the first time since April 2015. The Guidebook provides information to eligible entities and professionals regarding reporting to the NPDB, querying th

Earlier this week, in Potts v. Center for Excellence in Higher Education, the Tenth Circuit held “that the False Claims Act’s anti-retaliation provision unambiguously excludes relief for retaliatory acts occurring after the employee has left employment.” 2018 WL 5796963, — F.3d — (10th Cir. Nov. 6,

Late last month, in Daniels v. Fan Duel, Inc., et ano, the Indiana Supreme Court sided with the fantasy sports industry holding that the use of the names, pictures, and statistics of athletes by online-fantasy sports operators without the athletes’ consent does not violate the right of publicity.

As class action practitioners know, class certification can be difficult to achieve, particularly in the years since the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes.