Alerts

A final rule published on July 3, 2023, empowers the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) to impose civil monetary penalties (CMP) of up to $1 million for unlawful acts of information blocking.

On July 25, 2023, the United Nations Commission on International Trade (UNCITRAL) concluded its 56th session in Vienna, Austria.

On July 13, 2023, The Washington Post broke the news that the Federal Trade Commission (FTC) had issued a Civil Investigative Demand (CID) — a sort of a pre-litigation subpoena as part of what is supposed to be a nonpublic investigation — to OpenAI, LLC, the maker of ChatGPT and DALL-E.

Since 2021, states and the federal government have been pushing to provide consumers with more information about the parties with whom they transact.

Much has changed since the “Moneyball” theory revolutionized how technology is used throughout the sports industry and influenced the way fans and experts consume and analyze sports.

There are two separate significant IRS challenges to grantor retained annuity trusts (GRATs) in the context of ongoing merger negotiations that have garnered considerable attention going back to 2019.

Under the Massachusetts Wage Act, M.G.L. c. 149 § 150, a terminated employee is entitled to be paid all wages, including accrued vacation time, on the day of termination, and the failure to do so makes the employer liable for mandatory treble damages and attorneys’ fees.

It is the annual summer pastime for the pharmaceutical community. Time to review the Centers for Medicare & Medicaid Services (CMS) release of the 2024 proposed Hospital Outpatient Prospective Payment System (HOPPS) and Physician Fee Schedule (PFS) rules.

At the conclusion of its recent Term, the US Supreme Court finally released its long-anticipated opinion in Mallory v. Norfolk Southern Railroad, No. 21-1168.

ArentFox Schiff represented a securities intermediary in a suit brought by an insurance company in federal court in Phoenix challenging the validity of a $2.5 million life insurance policy owned by the securities intermediary on behalf of an investor.

On July 28, 2023, Brooklyn Bedding LLC; Carpenter Co.; Corsicana Mattress Company; Future Foam, Inc.; FXI, Inc.; Kolcraft Enterprises, Inc.; Leggett & Platt, Incorporated; Serta Simmons Bedding, LLC; Southerland, Inc.; Tempur Sealy International…

Headlines that Matter for Companies and Executives in Regulated Industries

On June 22, 2023, the US Senate passed a resolution consenting to the ratification of the Income Tax Treaty between Chile and the United States (Treaty). The resolution opens the door for President Biden to formally ratify the Treaty, which he is expected to do.

As odd as it may seem and as odd as it is to say, what the municipal market, medium-sized banks, and the real estate market need is a good old fashioned (but not too severe) recession.

In a much-anticipated decision, the California Supreme Court in Adolph v. Uber Technologies unanimously held that a plaintiff, compelled to arbitrate individual claims under the Private Attorneys General Act (PAGA), does not forfeit standing to litigate non-individual claims in court.

California’s Labor Code section 2802 requires employers to reimburse employees for necessary expenses or losses incurred in the discharge of their duties.

It appears real estate brokers in the District will be able to breathe a sigh of relief after the US Court of Appeals for the DC Circuit vacated and remanded a district court’s finding that a brokerage firm failed to properly disclose that it was representing both the landlord and the tenant.

The US Department of Homeland Security (DHS) has issued a new Form I-9, the form all US employers must use to verify the identity and work authorization of all paid employees within the first three days of their employment.

Generative AI is already an integral part of the automotive industry, playing a significant role in enhancing Advanced Driver Assistance Systems (ADAS) and making it possible for drivers to interact with their vehicles.

Nearly 14 years ago, guidance was provided by federal regulators to facilitate commercial real estate loan work-outs.

In the past few months, the American public has become increasingly fixated on artificial intelligence (AI), especially generative artificial intelligence (GenAI), because of the economic and social considerations associated with this developing technology.

Effective and meaningful public engagement are “foundational principles of Federal regulatory development” and the Biden Administration has sought to remove barriers to public participation in the regulatory process.

For better or worse, generative Artificial Intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making it the fastest-growing consumer application in history.

Effective April 15, 2023, Visa has implemented a reduction in the permissible merchant surcharge to the lower of: (a) the merchant discount rate (MDR) for the applicable credit card or (b) 3%.

As general partners increasingly use continuation funds to generate optionality within a fund, it is important for limited partners to align their interests with general partners in such situations.