Alerts

Following on our previous alert, Proposition 65 amendments that take effect on August 30, 2018 impose new warning requirements on all participants in the product supply chain.

On June 6, 2018, NLRB General Counsel Peter Robb issued Memo 18-04 offering helpful guidance on employee handbooks after the Board’s decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017).

Recent decisions arising out of the Arcapita bankruptcy case provide useful guidance regarding the minimum contacts required for bankruptcy court jurisdiction as well as when and how to apply international comity and the presumption against extraterritoriality in bankruptcy litigation.

In a recent opinion, United States Bankruptcy Judge Martin Glenn of the Southern District of New York held that Bankruptcy Courts may enter final default judgments against non-US defendants who fail to respond to a properly served summons and complaint.

President Trump signed into law the Foreign Investment Risk Review Modernization Act (FIRRMA) to modernize the CFIUS review process to address 21st century national security concerns today. Congress enacted FIRRMA as Title XVII of the Fiscal Year 2019 National Defense Authorization Act, HR 5515.

The US Administration announced that it would be imposing sanctions on the Russian Government under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act) over the use of a “Novichok” nerve agent in an attempt to assassinate UK citizen Sergei Skripal.

On July 9, California Governor Jerry Brown signed Assembly Bill 2770 into law, which seeks to protect victims of sexual harassment who complain to their employers from defamation claims by the alleged harasser.

The President issued an Executive Order on August 6, 2018, “Reimposing Certain Sanctions With Respect to Iran” (the New Iran EO), which re-imposes relevant provisions of five Iran sanctions EOs (EOs 13574, 13590, 13622, and 13645).

Ever since the US Supreme Court issued its decision striking down the federal ban on state sponsored sports betting in the Professional and Amateur Sports Protection Act this spring, there has been much discussion and speculation on what the decision means for the fantasy sports industry.

US Trade Representative Robert Lighthizer issued a statement on August 2, 2018, advising that President Trump has directed him to consider raising the previously proposed 10% additional duty to be applied to $200 billion worth of Chinese goods (referred to as the List 3 products) to 25%.

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

The Centers for Medicare & Medicaid Services has released its “Proposed Changes to Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs” for calendar year 2019 (the Proposed Rule).

The General Data Protection Regulation, commonly referred to as the “GDPR,” has been in force for only two months now, but it appears to have already claimed a casualty.

The Ninth Circuit held that a bankruptcy court may not designate claims (i.e. disqualify claims for plan voting purposes) for bad faith under 11 USC § 1126(e)

On July 24, 2018, the United States Court of Appeals for the Fourth Circuit denied the State of Maryland’s petition for an en banc rehearing of the Fourth Circuit’s April 13, 2018 decision in the matter of Association of Accessible Medicines v. Frosh.

Earlier this week the Court of Justice of the European Union, the EU’s highest court, issued a decision clarifying whether the EU would regulate products of innovative breeding techniques, like gene editing, under the EU’s Directive 2001/18, the principal EU law governing the regulation of GMOs.

On July 24, 2018, the House of Representatives approved 283-132 a bill (H.R. 184, the Protect Medical Innovation Act of 2017) to repeal the excise tax on the sale of a medical device by the manufacturer, producer, or importer.

In WesternGeco LLC v. ION Geophysical Corp., the Supreme Court recently held that patent holders can recover lost foreign profits for patent infringement under 35 U.S.C. § 271(f).

The Third Circuit recently affirmed the enforceability of “anti-assignment” provisions in ERISA health plan documents.

In a decision that all hospitals should be aware of, on July 9, 2018, the Tenth Circuit reversed a lower court’s dismissal of a False Claims Act case against a physician and two hospitals based on allegations that the physician’s procedures were not medically necessary or reasonable.

California recently announced policy drawing lines between permitted and prohibited sources of cannabinol in products intended to be eaten.

Following the US Supreme Court’s narrow ruling in Carpenter v. United States, 585 US ___ (2018) questions have arisen regarding whether this interpretation would remain limited or be expanded in future privacy disputes that came before the High Court.

Most US and multi-national corporations are quick to say, “we don’t do business with North Korea.” However, some companies will recognize the risk of sourcing products from businesses located outside North Korea that may use North Korean overseas workers or subcontract to North Korean companies. The

In March 2016, the US Department of Labor issued its “Persuader Rule,” reversing a decades-old interpretation of the Labor Management Reporting and Disclosure Act : Under the old interpretation, personal interactions with employees done by employer consultants trigger reporting obligations.

At first glance, one might conclude that the U.S. Supreme Court’s decision in South Dakota v. Wayfair would have an immediate impact only on those out-of-state vendors that sell goods and services into South Dakota.