Alerts

Prop 65 Counsel: What To Know

The recently passed Consolidated Appropriations Act (CAA) of 2023 includes a new Stark Law exception and Anti-Kickback Statute (AKS) safe harbor, allowing hospitals and other health care entities to offer their physicians programs to improve mental health and resiliency.

For better or worse, generative Artificial Intelligence (AI) is already transforming the way we live and work.

In the United States, the principle of data minimization is embedded firmly within the Federal Trade Commission (FTC) Act, through FTC enforcement activities, and in the host of state-level privacy laws and rules that have proliferated in recent years.

Headlines that Matter for Companies and Executives in Regulated Industries

NS Brands Ltd. (NatureSweet) recently filed its third lawsuit against Mastronardi Product Ltd. and Mastronardi Product USA Inc. (Angel Sweet) in just over 10 years, alleging unfair competition and trademark and trade dress infringement of its CHERUBS tomatoes packaging under federal and state law.

On May 26, 2023, the Centers for Medicare & Medicaid Services (CMS) released a Proposed Rule titled: “Medicaid Program: Misclassification of Drugs, Program Administration and Program Integrity Updates Under the Medicaid Drug Rebate Program.”

Family offices routinely create, manage, and invest in multiple entities, including corporations, limited liability companies, and partnerships. For entities formed or operating in the United States, there has never been a comprehensive national requirement to disclose ultimate beneficial ownership.

“Portability,” the concept of being able to leave one’s unused applicable exclusion amount to his or her surviving spouse, has increased the options in planning to enable married couples to reduce estate taxes.

Earlier this month, a federal judge in the Eastern District of Michigan overturned a jury verdict of nearly $105 million against Ford Motor Company for breach of contract and misappropriation of trade secrets.

Already among the most widely used battery chemistry, lithium-Ion (Li-Ion) batteries are experiencing a rapid increase in use and demand.

Five Questions, Five Answers

Generative Artificial Intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making it the fastest-growing consumer application in history.

Artist KAWS obtains a judgment for $3.35 million dollars and a permanent injunction against international infringers, highlighting the power of IP protection and providing valuable lessons for fellow creators navigating copyright and trademark battles.

As we previously reported, the new Major League Baseball (MLB) collective bargaining agreement, finalized in early 2022, allows MLB teams to license sponsor logo patches on team jersey sleeves and sponsor logo decals on team batting helmets beginning with the 2023 season.

The US Supreme Court brushed aside novel assertions from two pharmacy retailers on June 1 and ruled unanimously that False Claims Act liability hinges on whether defendants subjectively believed their claims were “false.”

During the G7 meeting in Japan on May 19, 2023, the US Department of Commerce’s Bureau of Industry and Security (BIS) published two new rules aimed at further restricting Russia’s ability to obtain items needed to support its war efforts against Ukraine.

Telehealth experienced massive growth during the COVID-19 pandemic, due in no small part to various regulatory and reimbursement policies that federal agencies implemented.

Addressing environmental justice (EJ) issues has been a primary concern for the Biden Administration. Recent developments — one in Chicago and one in Louisiana — show different ways local and state regulators have reacted to federal EJ efforts.

On May 26, 2023, the US Patent and Trademark Office (USPTO) published a Federal Register notice seeking public comments on anti-counterfeiting and antipiracy strategies to better address this enormous US challenge.

On May 30, 2023, Jennifer Abruzzo, General Counsel of the National Labor Relations Board (NLRB), published a controversial enforcement memorandum.

Headlines that Matter for Companies and Executives in Regulated Industries

There are major issues arising from the phaseout of the US Dollar London InterBank Offered Rate (LIBOR), which will soon become apparent in connection with LIBOR’s fast-approaching end date. This will dramatically impact many issuers, holders, and trustees of variable rate notes and bonds.

On May 31, 2023, the Coalition for Fair Trade in Shopping Bags filed antidumping duty (AD) petitions on certain paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam.

In this podcast, Birgit Matthiesen speaks with Bob Kirke, the Executive Director of the Canadian Apparel Federation, who will share the very latest about Canada’s efforts to ban imports suspected of having been made with forced and child labor.