All Perspectives

In 2022, rare bipartisan cooperation succeeded in passing much of what Washington had in mind for the electric mobility industry, including billions of dollars in new spending now enshrined in the 2022 Inflation Reduction Act (IRA).

In a welcome change in approach to financial market regulation, the United Kingdom’s Financial Conduct Authority (FCA) is requiring market participants to deliver good outcomes for consumers.

The California Office of Administrative Law has approved regulations proposed by the Board of Registered Nursing, resulting in a new Section 103 Nurse Practitioner application that is now available through BreEZe.

After a two-week trial, a federal jury in West Palm Beach, Florida returned verdicts in favor of Napleton’s West Palm Beach Hyundai dealership and its managers and employees.

Partner Andrew Katzenberg was featured on current tax legislative moves and how advisors can help their clients take advantage of estate tax exemption, which are “historically high.”

Per- and polyfluoroalkyl substances (PFAS) are present in a variety of consumer products. PFAS have been increasingly targeted in laws and regulations and have served as a hotbed for class action lawsuits, particularly in California.

The Republican leadership in the US House of Representatives has named Rep. Andy Harris (R-MD-1) chair of the Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration. As its name suggests, the Subcommittee has jurisdiction over the US Department of Agriculture.

The Developers Alliance announced its filing of an amicus brief in the case of Gonzales v. Google, which will be heard by the US Supreme Court later this year. In addition, the Alliance joined CCIA, Netchoice, SIIA, Chamber of Progress, Internet Infrastructure Coalition, CTA, and ACT in a brief.

The newest old privacy law being weaponized in consumer class actions is the Video Privacy Protection Act (VPPA), a Reagan- era law passed in the wake of Judge Robert Bork’s video rental history being leaked to the press.  

Private Company Strategies

Headlines that Matter for Companies and Executives in Regulated Industries

On January 20, 2023, the US Food and Drug Administration’s (FDA) final rule on food traceability will take effect. Regulated entities will have a three-year compliance period, with a current compliance date of January 20, 2026. But what exactly will companies have to do to comply with the new rule?

A dispute between luxury fashion brand Hermès and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to the Hermès’ Birkin handbag is making waves as a New York federal judge has denied Rothschild’s motion to dismiss and cross-motions for summary judgment.

As concerns about perfluoroalkyl and polyfluoroalkyl substances (PFAS) continue to grow, state legislators are taking action. After an initial wave of laws prohibiting the use of PFAS in firefighting products and food packaging, recently enacted legislation in California and New York.

These days, environmental policy is often established indirectly. While “Schoolhouse Rock” may have taught some of us “How a Bill Becomes a Law,” its insights are less relevant in the current era where things like purportedly “not final” actions by the executive branch and litigation.

Five new state omnibus privacy laws take effect in 2023, with two that already kicked in on January 1.

The Metaverse is a minefield for intellectual property (IP) owners. Many of the threats to IP will be familiar — such as unauthorized use of trademarks, copying of content, and misuse of name/image/likeness.

Maggie Lopez will present at the Boston Bar Association Trusts & Estates Mid-Year Review on January 18, 2023.

Tom Abendroth, Stephen Liss, and Kevin Matz will present the “Highlights of Heckerling” for the Trusts & Estates webinar on February 1, 2023.

Employee misclassification claims continue to be the focus of class action litigation in the logistics space. In general, these cases involve allegations by independent contractors (most often owner-operators) that they should be classified as employees, and thereby receive benefits.

The Court addresses arbitration of class and collective actions in Viking River Cruises, Inc. v. Moriana and Coinbase, Inv. V. Bielski.”

Last year saw courts, particularly federal courts, continue their close scrutiny of class action settlements to ensure that they are fair and reasonable to class members, and do not unfairly prioritize the interests of class counsel, class representatives, or defendants.

Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum agricultural industry — 12.5% of all agricultural production nationwide. Employers using seasonal workers are always at risk of wage/hour class action lawsuits.

ArentFox Schiff is pleased to announce the addition of Partner Eric Fishman to the firm’s Sports group in New York. Eric has counseled some of the world’s most renowned athletes and sports organizations on a range of high-profile matters, from corporate deals to strategic transactions.

“Environmental justice” (EJ) continues as the primary leitmotif of Biden Administration environmental policy in the first weeks of 2023.