All Perspectives

A recently dismissed class action is a good reminder to companies that any changes to return, exchange, or warranty policies cannot be retroactively applied to purchases made before the policy changes are implemented.

The US Federal Trade Commission announced recently that it will hold a public workshop on August 7, 2019, to examine consumer protection issues related to video game “loot boxes.”

Under Section 301 of the Trade Act of 1974, the President has the authority to impose tariffs on imports to counter trade practices that the US Trade Representative finds either to violate or conflict with a trade agreement or to burden or restrict US commerce unjustifiably.

The Massachusetts Department of Family and Medical Leave recently released an implementation timeline for the new paid family and medical leave program, revised draft regulations, and a series of “toolkits” to assist employers and workers with their preparations for the new benefit.

An arbitration brought by Petróleos de Venezuela (PDVSA) against Petróleos Paraguayos (Petropar), filed in July 2016 before the Paris-based International Court of Arbitration of the International Chamber of Commerce (ICC), has been temporarily suspended.

Companies have been hearing about a potential shut down of the US-Mexican border and we have compiled the latest information available.

Headlines that Matter for Companies and Executives in Regulated Industries

On April 3, 2019 the staff of the Securities and Exchange Commission issued its first no-action letter stating that it would not recommend enforcement action if an issuer publicly issued tokens without registration under the Securities Act or the Securities Exchange Act.  

Brexit woes in 2018 did not deter parties from referring disputes to the LCIA. The LCIA released its Annual Casework Report, revealing a growing preference for use of the institution’s Rules, increased recourse to expedited procedures, and parties hailing to the LCIA from diverse regions.

It’s not uncommon for an employee to perform work for an employer — A — that simultaneously benefits another person — B. 

It’s 8:00 PM, Sunday night. Your top salesperson just closed what looks like the last deal of the day and the customer is headed to finance.

When California enacted SB 327 last year, it became the first state to regulate Internet of Things (IoT) devices, which refer to physical devices that are connected to the internet.

On March 28, 2019 CMS issued the Final Rule and Interim Final Rule with Comment Period: Medicaid Program; Covered Outpatient Drug; Finalization of Line Extension Definition; and Change to the Rebate Calculation for Line Extension Drugs.

The Action Plan is intended to clarify the agency’s science- and-risk-based approach to regulating such products with the stated goals of fostering innovation, enhancing public communication and outreach, and increasing coordination between FDA and its federal and international counterparts.

The little fish is looking to swim in the big pond.

The need for advanced safety features in automated and autonomous cars will see vehicle software revenues more than quadruple to $1.2 trillion a year by 2030

On March 20, 2019, the U.S. Securities and Exchange Commission (SEC) adopted amendments to modernize and simplify Regulation S-K’s disclosure requirements and related rules and forms, as required by the Fixing America’s Surface Transportation (FAST) Act.

Section 307 of the Tariff Act of 1930 (19 U.S.C. § 1307) prohibits the importation of merchandise mined, produced or manufactured, wholly or in part, in any foreign country by forced or indentured child labor – including forced child labor.

In two recent memoranda, NLRB General Counsel Peter Robb has clarified the standards to be used by the Board’s Regions in evaluating cases alleging that a union breached its duty of fair representation.

Los Angeles partner Terree Bowers recently was quoted in a CNN article titled, “The release of the Mueller report is coming. How redacted will it be?”

Headlines that Matter for Companies and Executives in Regulated Industries

Less than twenty-six business days after Kathy Kraninger become Director of the Consumer Financial Protection Bureau, the agency obtained an $11 million civil money penalty in a joint enforcement action filed in the United States District Court for Southern District of New York.

Arent Fox Consumer Financial Services Practice Group Leader Jenny Lee was quoted in the American Banker article, “Why CFPB Payday Revamp is an Even Bigger Deal Than You Think,” on the impact of the Consumer Financial Protection Bureau’s (CFPB) overhaul of its payday lending rule rollback.

Schiff Hardin LLP announced today that the firm has earned a perfect 100 percent score on the Human Rights Campaign (HRC) Foundation’s 2019 Corporate Equality Index (CEI), along with the distinction as a “Best Place to Work for LGBTQ Equality” for nine years running.

As a matter of first impression, the US Court of Appeals for the Fourth Circuit recently held that the government’s decision to decline to intervene in a civil False Claims Act suit brought by a private relator does not preclude the government from bringing criminal fraud charges against the same de