All Perspectives

Republican lawmakers are continuing their antitrust push against environmental, social, and governance (ESG) investor initiatives by investigating a prominent climate coalition that is focused on getting companies to curb emissions.

Headlines that Matter for Companies and Executives in Regulated Industries

Environmental Partner David M. Loring will serve as co-chair at the A&WMA’s 2024 Annual Air Conference in Oakbrook Terrace, IL, on October 15.

Experienced finance attorneys are aware that a loan guaranty given by a sister company of the borrower (a “cross-stream guaranty”) or by a subsidiary of the borrower (an “upstream guaranty”), in which the guarantor has no ownership interest in the borrower, differs from a traditional guaranty given by a borrower’s owner or parent company (a “downstream guaranty”) since the cross-stream or upstream guaranty raises the question that such a guaranty may be unenforceable as a constructive fraudulent conveyance under title 11 of the United States Code (the “Bankruptcy Code”) and under state creditor’s rights laws.

On October 7, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a memorandum reinforcing her stance that most post-employment noncompete agreements violate Section 7 of the National Labor Relations Act (NLRA).

Join Antonio Rivera as he speaks on EV Import Tariffs at the Battery Show North America 2024.

On September 30, Governor Gavin Newsom signed into law the California Assembly Bill 1775 (AB 1775). The bill amends Section 26200 of the Business and Professions Code and significantly expands the permissible activities for licensed cannabis retailers and microbusinesses.

The US Department of Justice (DOJ) recently issued a Statement of Interest that underscores the need for careful evaluation of every survey and other information exchange managed by trade associations for the unique risks to impact competition.

Business divorces are often messy. The reasons for business divorces vary – personality-driven disputes, disagreements over business direction, or timing and distribution of earnings.

Partner Marylee Jenkins will attend the Brand Strategy Summit USA on October 8, where she will lead an interview titled “Advancing the Trademark System: A Behind-the-Scenes Look.”

On September 30, Edgewell Personal Care Brands LLC was hit with a lawsuit in California superior court concerning its Carefree brand of menstrual liners.

In a rare positive decision for employers in Massachusetts, one of the Commonwealth’s district appellate courts held that a retention bonus is not a wage under the Massachusetts “Wage Act” (G.L. c. 149, § 148).

Headlines that Matter for Companies and Executives in Regulated Industries

Many e-commerce retailers are closely monitoring increasing bipartisan criticism of the Section 321 de minimis program.

On October 2, a federal district court in the Western District of Texas sentenced Dr. Xiaoxing Tao, a highly accomplished research engineer, to probation for two counts of failure to report his taxes. Dr. Tao had been originally charged, along with his wife, in a 22-count indictment for illegally exporting defense articles, wire fraud, false statements, conspiracy, and evading taxes.

Last week, the Eleventh Circuit held that a conspiracy need not be unlawful to introduce co-conspirator statements under Federal Rule of Evidence 801(d)(2)(E), reversing the district court’s exclusion of certain statements.

ArentFox Schiff is pleased to announce that the firm has achieved Mansfield Certification Plus for 2023-2024, underscoring the firm’s dedication to increasing diversity, equity, and inclusion (DEI) in the legal profession.

Part six of our Family Office University event series will be hosted in person in our Chicago office (with a reception to follow) and will also be available for web viewing on November 13th.

Hear from experts about the legal considerations to start or grow a business in Germany or the US.

In the realm of estate planning, many people are familiar with the traditional will as a means of distributing assets after death.

On September 29, California Governor Gavin Newsom vetoed SB 1047, one of the most ambitious efforts yet to establish a comprehensive artificial intelligence (AI) regulatory framework in the United States.

The consent order includes a $1.5 million fine and other non-monetary penalties.

ArentFox Schiff is pleased to announce that Counsel Douglas E. Hewlett has been named to Daily Journal’s annual “Top 40 Under 40” list, which honors high-achieving attorneys in California across all fields and practices.

On September 28, California Governor Gavin Newsom vetoed Assembly Bill (AB) 3129. The proposed law sought to regulate health care transactions involving private equity and hedge funds.

Danielle Bulger will present on the panel titled, “The Paper Trail: Attribution, AI, and Copyright.”