All Perspectives

Thirty-nine Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2016.

On August 7, 2015, the US District Court for the Southern District of New York issued a significant decision concerning FDA’s regulation of off-label promotion of approved drugs.

On August 5, 2015, the Department of Health and Human Services Office of Inspector General (OIG) issued Advisory Opinion No. 15-11.

Ever since football players at Northwestern University sought union certification in January 2014, their case has been closely watched by many in both the labor and sports arenas.

On July 22, 2015 the Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to reflect the May 29, 2015 removal of Cuba from the list of state sponsors of terrorism.

The US Court of Appeals for the Third Circuit recently ruled that a suspension with pay generally does not constitute an “adverse employment action” under the substantive discrimination provision of Title VII. Jones v. Southeastern Pennsylvania Transportation Authority.

On August 3, 2015, the New York Attorney General announced settlements with five retailers who violated state law that prohibits the sales of realistic-looking toy guns. As part of the agreement, the retailers will halt sales of the violative products and pay more than $300,000 in penalties.

Nike Inc. (Nike) recently agreed to pay more than $2.4 million to settle a class action lawsuit related to the Nike FuelBand activity tracker.

On Monday, a federal district court judge in New York issued a ruling that, if adopted broadly, will have a significant – and potentially nightmarish – impact on any provider who receives an overpayment from Medicare or Medicaid.  Kane v. Healthfirst, Inc. and U.S. v. Continuum Health Partners Inc. 

On July 28, 2015, Mead Johnson Nutrition Company, an Illinois-based pediatric food producer, settled FCPA charges brought by the SEC for over $12 million.

On July 30th, the Department of Justice petitioned the US Supreme Court to reverse United States v. Newman, 773 F.3d 438, 438 (2d Cir. 2014), a high-profile insider-trading decision by the Second Circuit that curtailed tipper-tippee liability.

Major US credit card associations including Visa, MasterCard, American Express, and Discover have set October 1, 2015, as the deadline for merchants to implement the Europay, MasterCard, and Visa (EMV) standards.

Law360 recently quoted Fashion Law leader Tony Lupo after Michael Kors joined several other luxury fashion companies in taking a new step in fighting widespread counterfeiting by targeting landlords who facilitate the trademark infringement.

In July, Arent Fox LLP represented Planned Parenthood Federation of America Inc. in its sale of a $69.6 million New York condominium to Brookfield Office Properties Inc.

Arent Fox proudly supported the 2015 Special Olympics World Summer Games, held in Los Angeles from July 5 to August 2, 2015, by contributing pro bono legal services for the 2015 Special Olympics World Summer Games Organizing Committee.

The Fourth Circuit has recently made it more difficult for false advertising plaintiffs to survive a motion to dismiss where their claims are based on an allegation of “literal falsity.”

The following alert is the fifth installment from Birgit Matthiesen for a planned series of cross-border trade updates. 

On July 27, 2015, the Food and Drug Administration published a Supplemental Proposed Rule (SPR) that amends its Proposed Rule on Nutritional Labeling published on March 3, 2014.

A recent court ruling is a good reminder to health care providers that bankruptcy may not (as is sometimes suggested) be a safe harbor for providers in danger of being forced out of business by the loss of their Medicare and Medicaid provider agreements.

On July 20, 2015, the United States District Court for the Northern District of Illinois certified a liability-only class of Illinois plaintiffs in a nearly ten-year-old case involving allegedly defective, moldy Kenmore-manufactured Whirlpool Corporation (Whirlpool) washing machines.[1] 

In this episode of Fashion Counsel, Partner Anthony Lupo talks with Hank Rouda, Former General Counsel, North America at H&M.

Following the lead of the Illinois Supreme Court in In re Pension Reform Litigation, 2015 IL 118585, Judge Rita Novak of the Circuit Court of Cook County has ruled that an Illinois law modifying provisions of Chicago’s pension statute violated the Illinois Constitution.

The Iran Nuclear Agreement is 159 pages and there are a lot of steps and dates involved.  We asked ourselves, “what exactly happens when?” and came up with the following practical roadmap.

Partner and Automotive Practice Group Leader Aaron Jacoby was quoted in a recent Law360 article on the National Highway Traffic Safety Administration’s record $105 million fine against Fiat Chrysler Automobiles.

In an unexpected development, the Centers for Medicare and Medicaid Services recently proposed several changes that will generally add greater flexibility to Stark Law regulations in the proposed physician fee schedule for calendar year 2016, which was published on July 15, 2015.