Alerts

The Inflation Reduction Act of 2022, which was signed into law on August 16, 2022, enacted a new 1% excise tax on certain repurchases of the stock of publicly traded corporations, codified in Section 4501 of the Internal Revenue Code of 1986 (the Excise Tax).

How the US Environmental Protection Agency (EPA) will factor environmental justice (EJ) principles into permitting decisions remained largely an open question throughout 2022. In the waning days of the year, EPA’s Office of Air and Radiation’s guidance engages with the question.

Fashion Counsel

Last year, the United Kingdom Financial Conduct Authority (UK FCA) announced the following:
- ‘Zombie’ USD LIBOR for proposed use from July 1, 2023, through September 30, 2024, except for cleared derivatives
- 1-Month and 6-Month ‘Zombie’ Sterling LIBOR to cease on March 31, 2023

The US litigation finance industry is valued at over a billion dollars and has continued to grow as potential funders increasingly see litigation as an investment opportunity. Despite the growing presence of litigation funders, courts continue to extend work product protection and confidentiality.

After pushing through the most challenging periods of COVID-19’s impact on the global supply chains, companies have focused on streamlining manufacturing and distribution, putting Mexico in the spotlight.

While it’s well known that the auto industry is undergoing an electric vehicle (EV) revolution, one of the industry’s offspring is experiencing a quieter but notable sea change as well — parking. 

On September 29, 2022, California Governor Newsom signed into law the Motor Vehicle Digital Number Plates Act (AB 984), which will give the Department of Motor Vehicle (DMV) authority to move forward with new vehicle registration technologies and to issue alternative devices for license plates.

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would ban employers from requiring workers to sign noncompetes and require recission of existing noncompetes. The FTC’s press release accompanying the rule states that its intent is to “promote greater dynamism.”

Headlines that Matter for Companies and Executives in Regulated Industries

Medical marijuana has been legal in DC since 2011. In recent years, the District has adopted piecemeal amendments to its medical cannabis program, largely through temporary emergency legislation and mayoral rulemaking. In recent years, DC has also attempted to legalize adult-use marijuana.

On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule that, with limited exceptions, would both ban post-termination non-compete covenants in employment agreements and require rescission of existing post-termination non-competes.

As Illinois’ implementation of the Energy Transition Act, PA 102-0662 — commonly referred to as the Climate and Equitable Jobs Act (CEJA) — continues, the Illinois Commerce Commission (ICC) is developing a Renewable Energy Access Plan to help achieve the law’s renewable electricity goals.

With the start of the new year, the ArentFox Schiff Hospitality Industry team reviews 10 of the most pressing legal issues for hospitality companies in 2023.  

On New Year’s Eve, New York Governor Kathy Hochul signed New York’s “Cumulative Impacts” bill into law, making New York the second state in the nation to require assessment of “cumulative impacts” affecting certain communities before an environmental permit is issued or renewed.

The holidays came early for organized labor this year, with the National Labor Relations Board (NLRB or Board) issuing another decision that will make it easier for unions to organize new workplaces.

On December 20, 2022, the US Senate unveiled the long-awaited Consolidated Appropriations Act, 2023. The US House of Representatives passed the bill three days later, and it is now awaiting President Biden’s signature.

The new year brings several new laws and requirements for California employers.  Among changes in 2023, California employers face a higher state minimum wage, increased minimum pay requirements for employees, new protected leaves for an employee to provide care for a “designated person,”

‘Tis the season for many Americans to head out to a local Christmas tree farm. But what if in the course of picking out the perfect tree, someone twists their ankle out in the fields, a tree being felled falls on a caroler, or a car gets dented while the tree is being loaded in?

For years, the National Labor Relations Board (NLRB) sought to make wronged employees whole for the consequences of a respondent’s unfair labor practices.

Businesses work to operate in compliance with relevant laws and generally work to avoid — if possible — scrutiny from regulatory agencies.

On December 15, the White House added a new Guidebook to the Inflation Reduction Act to its clean energy webpage.

The Federal Trade Commission (FTC) announced on December 14, 2022, that it is seeking public comment on potential updates and changes to its “Green Guides,” kicking off a process that may lead to the first significant changes to the Guides since 2012.

The second half of 2022 saw a wave of class action litigation under state wiretapping laws against website operators that use widely deployed online technologies, such as chatboxes and session replay software. 

Headlines that Matter for Companies and Executives in Regulated Industries