Administrative deference – in essence, that courts resolve close questions in favor of “expert” agencies – is a cornerstone of environmental practice and we’ve blogged frequently on this issue. Courts question agencies, however, when their decisions do not square with cited evidence.
On May 20, 2018, Secretary of the Treasury Steven Mnuchin stated that the US was “putting the trade war on hold,” pending negotiations with China to reduce the US trade deficit and address certain acts, policies, and practices related to intellectual property rights.
The Trump Administration did an about-face over the weekend, announcing that the sweeping 25 percent tariffs on products imported from China were placed on hold, as the two countries try to iron out a deal that would avoid the impending trade war.
South Carolina has become the first state to enact an insurance data security act based on the Insurance Data Security Model Law drafted by the National Association of Insurance Commissioners, which is based on New York’s Cybersecurity Regulations (23 N.Y.C.R.R. Part 500).
Following a tweet from President Donald Trump that there was “big news coming soon” for the automotive industry, the Department of Commerce (DOC) formally announced on May 24, 2018 an investigation into the impact of certain automotive imports on US national security interests.
Streamlining environmental reviews and permitting for infrastructure projects is a major objective of President Trump.
On May 21, 2018, the United States Supreme Court clarified that class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act, as set forth in the decision of three consolidated cases.
On May 17, 2018, CMS issued a strongly-worded letter to Part D plan sponsors stating that pharmacy “gag clauses” are unacceptable.
The May 21 notice provides guidance on the manner in which imports whose exclusion requests are approved by the DOC should be entered in order to avoid the Section 232 duties.
In a recent decision, the US Court of Appeals for the Ninth Circuit held that a surgical center lacked standing to bring ERISA claims against a health plan because the plan had a valid anti-assignment provision.
Following delays and much build up, the White House and the Department of Health and Human Services (HHS) have released their plan to address rising pharmaceutical prices and out-of-pocket costs directly impacting patients.
A New Jersey-based company, Aromaflage, and its owners have agreed to settle charges brought by the Federal Trade Commission (FTC) regarding the company’s sale of sprays and candles that claim to be insect-repelling.
Following the Presidential Proclamations issued April 30, 2018 regarding the imposition of double-digit tariffs on certain steel and aluminum imports (Section 232 tariffs), US Customs and Border Protection published further guidance detailing the implementation of the Section 232 tariffs.
In the blink of an eye, the California Supreme Court has abandoned decades-old precedent in favor of a new “ABC Test,” which broadens the definition of employees in the employee-versus-independent contractor analysis.
In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo discusses Halston’s iconic “bigger than life” style evolution with General Counsel Jenny RIm.
On April 18, 2018, the Securities and Exchange Commission (SEC) concurrently issued three releases, all related to standards of conducts for investment professionals (“Rulemaking Package”).
On March 28, 2018, the Governor of Alabama, Kay Ivey, signed SB 318, the Alabama Data Breach Notification Act, which becomes effective June 1, 2018. Alabama is just behind South Dakota, which enacted its data breach notification statute this past March.
Canadian business leaders greeted the President’s announcement that the exemptions for Canada (and Mexico) from the double-digit “Section 232 tariffs” on certain steel and aluminum imports will be extended an additional month, or May 31, 2018.
It’s not just planes and subs that will be unmanned. Detroit carmakers say autonomous vehicles will change transportation forever.
It’s not just planes and subs that will be unmanned. Detroit carmakers say autonomous vehicles will change transportation forever.
The checkered flag hasn’t come out yet, but in the race to start the world’s first driving business without human drivers, everyone is chasing Alphabet Inc.’s Waymo.
Not only do decisions from the Trademark Trial and Appeal Board now, in some circumstances, have a preclusive effect on federal litigation, the US District Court for the District of Delaware recently granted a motion to stay a federal court action pending the outcome of a TTAB proceeding.
On April 23, 2018 and May 10, 2018, Partner Russell McRory gave two presentations to automotive dealer counsel and dealer principals.
HRSA published a notice in the Federal Register on May 7, 2018 proposing its intention to delay – for the fifth time – the implementation of a January 5, 2017 Final Rule regarding calculation of 340B ceiling prices and the imposition of civil monetary penalties.
On May 8, 2018, President Trump announced that the United States is withdrawing from the Joint Comprehensive Plan of Action (JCPOA).