All Perspectives

The Federal Trade Commission (FTC) recently charged two companies — Fandango, LLC, and Credit Karma, Inc. — with violating the FTC Act by misrepresenting the security of their mobile apps and failing to securely transmit sensitive personal information over the Internet.

On May 7, 2014, the US Department of Health and Human Services Office of Civil Rights (OCR) announced settlements with two New York-based hospitals totaling $4.8 million for violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules.

Often times indenture trustees seek to sit on creditors committees in furtherance of their fiduciary duties to holders. Obviously, the professional fees and expenses can be paid as a first priority pursuant to a charging lien as provided for under the indenture documents.

Arent Fox LLP Chairman Emeritus Marc L. Fleischaker was honored with the Justice Potter Stewart Award by the Council for Court Excellence.

Arent Fox LLP Complex Litigation partner Debra Albin-Riley has been rated among the “Top Women Lawyers” in California by the Daily Journal as a result of her impressive track record of success before judges, juries, and administrative hearing officers.

Fourth Circuit Allows Hostile Work Environment Claim to Proceed Against Employer Based on Third-Party’s Actions.

The Securities and Exchange Commission (SEC) has announced that reporting companies are not required to describe their products as “DRC conflict free,” having “not been found to be ‘DRC conflict free,’” or “DRC conflict undeterminable,” as originally required in the Conflict Minerals Rule (CMR).

The Federal Trade Commission (FTC) issued a press release yesterday (available here) touting its continued focus on trade associations’ compliance with the antitrust laws.

Earlier this week, Automotive leader Aaron Jacoby published an opinion article in the Daily Journal on Tesla’s direct-to-consumer sales model, which is contrary to the well-established, highly regulated vehicle delivery infrastructure.

Arent Fox LLP is pleased to announce the addition of international litigator Malcolm S. McNeil.

On April 26, 2014, the Federation of State Medical Boards approved updated model guidelines addressing the use of telemedicine technology.

Arent Fox Intellectual Property partner Pamela M. Deese is quoted by Bloomberg News in an article that illustrates the prospect of earning royalties from popular trademarked sports phrases.

This round includes US export control sanctions on trade in controlled products and technology.

On April 22, 2014, the US Department of Health and Human Services Office of Civil Rights (OCR) announced settlements of close to $2 million with two health care entities for violations of the Privacy and Security Rules promulgated under the Heath Insurance Portability and Accountability Act.

Arent Fox LLP is pleased to announce the expansion of its White Collar & Investigations practice with the addition of partner Peter R. Zeidenberg.

Arent Fox filed suit in the Supreme Court of the State of New York against Nomura Credit & Capital, Inc. and NCCMI, Inc. on behalf of Bersin Properties, LLC.

Automotive partner Aaron H. Jacoby talked with Law360 about five auto litigation trends to be aware of, including the recent high-stakes suits on topics such as whether auto manufacturers can bypass dealerships based on Tesla’s direct sales model as well as whether auto manufacturers will be forced

On April 24, 2014, the US District Court for the Southern District of New York ruled in favor of a challenge by Arent Fox client New York Prosperity and Protection PAC (NYPPP) to the constitutionality of New York’s anti-independent expenditure law. Partner Craig Engle represent NYPPP.

Working conditions of interns have been the focus of a series of unpaid wage actions in New York City and elsewhere.

On April 14, the US Court of Appeals for the DC Circuit stuck down portions of the Security and Exchange Commission’s (SEC) Final Rule on Conflict Minerals (Final Rule) as unconstitutional.

It is unlikely that any ruling by a Regional Director of the National Labor Relations Board (NLRB) has ever sparked such nationwide commentary as that of Region 13 Regional Director Peter Sung Ohr in ruling that Northwestern University scholarship football players are “employees” of the University.

Following his recent controversial decision that scholarship football athletes at Northwestern University are employees who can unionize.

On April 17, the US Treasury Department’s Office of Foreign Assets Control granted Arent Fox LLP’s petition.

By a 2-1 vote, a three-member panel of the National Labor Relations Board (the NLRB or Board) ordered a California hospital found to have bargained in bad faith to reimburse the Union for its negotiating expenses and extended the certification year by another 12 month period.