On January 31, 2017, the General Counsel of the National Labor Relations Board released an official memorandum declaring that scholarship football players at some of the most elite college programs are employees under the National Labor Relations Act.

Food labeling litigation increased significantly last year, with many consumer groups alleging that products were misleadingly labeled and violated U.S. Food and Drug Administration labeling requirements.

An Executive Order from President Trump’s first days in office raised questions about its impact on the hard-won Privacy Shield, which allows about 1,700 companies to legally transfer data between the EEA and Switzerland and the US.

On January 20, 2017, President Trump’s Chief of Staff, Reince Priebus, issued a memorandum implementing an immediate regulatory freeze of any new or pending regulations until they have been reviewed and approved by Trump Administration appointees.

Earlier this month, FDA finalized Guidance for Industry, Assessment of Abuse Potential of Drugs. This guidance is intended to assist researchers and sponsors of new drugs that may have central nervous system (CNS) activity evaluate whether the drug has abuse potential.

Merchants and retailers will soon become subject to the updated Payment Card Information Data Security Standard.

In this episode of Fashion Counsel, Partners Anthony Lupo and Michelle Marsh discuss copyright laws and their applications (and road blocks) to the retail sector.

For the second consecutive year, International Trade partner David Hamill and Canada-US.Cross Border Business Affairs director Birgit Matthiesen contributed their insights to Lead, Reach and Connect, the must-read magazine for the Automotive Parts Manufactures Association.

What is most notable about this guidance is that FDA has taken the position that this type of information may be shared before a product has been approved. 

Today, January 19, 2017, FDA and USDA published a flurry of new policy documents related to the agencies’ regulation of plants, animals, and microorganisms produced using new breeding methods, like gene editing. 

This is HHS’ first enforcement action against a covered entity that reported a breach, but did not do so timely.

As the inauguration of President-elect Donald Trump nears, retailers should be paying close attention to expected seismic changes in domestic trade policy that will have an important impact on the fashion industry.

Today the Department of the Treasury’s Office of Foreign Asset Controls issued a general license that effectively removes US sanctions against Sudan (North) effective January 17, 2017. 

Earlier this week, the U.S. House of Representatives passed a bill, the Regulatory Accountability Act of 2017, that, if enacted, would eliminate judicial deference to agency regulations.

The Federal Trade Commission (FTC) recently issued guidance for both businesses and consumers on defending against ransomware, both of which are based on lessons learned from the FTC’s recent ransomware workshop, with panelists that included security researchers, technologists, law enforcers, and bu

The Health Resources and Services Administration, part of the Department of Health and Human Services, published a Final Rule on January 5, 2017 addressing how 340B covered outpatient drug “Ceiling Prices” are to be calculated under the 340B Drug Pricing Program.

In an important decision clarifying California’s rest period requirements, the California Supreme Court has held that nearly all employees subject to the state’s rest periods rules cannot be subject to on-duty or on-call rest periods.

An interesting case came out of the Federal Circuit in Amdocs (Israel) Limited v. Openet Telecom, Inc., No. 2015-1180, 2016 WL 6440387 (Fed. Cir. Nov. 1, 2016) in which the Court reversed the district court’s granting of Openet’s motion for judgment.

Please join Arent Fox on Friday, February 3 from 7:00 AM – 5:00 PM Pacific for our annual Medical Staff Leaders and the Law Conference being held at the Avenue of the Arts Hotel in Costa Mesa. 

Just before Christmas, The Joint Commission (TJC) published an update clarifying its previous guidance regarding practitioners’ use of text messaging. TJC now says that practitioners may communicate with each other via secure text messaging systems.

On December 31, 2016, at 12:01am (i.e. not January 1, 2017), the New York State Department of Labor will implement regulations increasing the salary threshold exempting employees from overtime-pay requirements for most private employers.