Alerts

Headlines that Matter for Companies and Executives in Regulated Industries

The ArentFox Schiff Cannabis Industry team reviews 10 of the most pressing legal issues facing the industry in 2023.

On May 3, 2023, the Securities and Exchange Commission (SEC) adopted amendments to Form PF.

On May 8, 2023, the Michigan Sales and Use Tax Acts were amended to allow an industrial processing tax exemption for property used for the production, manufacturing, or recycling of “aggregate” materials.

Pixels are the new cookies. Here we go again. The Federal Trade Commission is continuing its assault on trackers with its latest enforcement actions against GoodRx Inc. and BetterHelp Inc.

In the inaugural episode of Corporate Corner, hosts Scott Adamson and William D’Angelo speak with AFS Partner Adam Diederich to discuss the Corporate Transparency Act (CTA), which will take effect in 2024.

In USA v. Patel et al., US District Court Judge Victor A. Bolden granted the defendants’ motion for acquittal in a criminal prosecution alleging six current and former aerospace executives were involved in an illegal conspiracy.

In a case involving government contracts, the Fourth Circuit held that a company could proceed with its claims against three former employees for actions they took as employees – through their newly formed company - to pursue the same contract the company was pursuing.

Canada joins a number of major trading partners taking a stronger stance on forced labor after passing legislation known as Bill S-211, An Act to Enact Fighting Against Forced Labor and Child Labor in Supply Chains and to Amend Customs Tariff, on May 3, 2023.

For decades, the Securities and Exchange Commission (SEC) and criminal prosecutors have pursued claims for insider trading in securities by persons who learn material nonpublic information about clinical drug trials.

In another pro-employee decision, the National Labor Relations Board (Board) has held that the familiar Wright Line standard no longer governs cases involving employees disciplined for engaging in offensive or abusive conduct while participating in activities that Section 7 of the NLRA protects.

In recent years, “sustainability” has gone from being a niche product approaching, in some quarters, a religion. Few would argue with the proposition that issues like climate- and carbon-neutrality and recyclability have become mainstream consumer issues across the United States.

Effective April 26, 2023, the Michigan Sales and Use Tax Acts were amended so that most delivery and installation charges are no longer subject to sales and use taxes in Michigan.

Throughout 2021 and 2022, states have been seeking to include or have successfully included medical respite to Medicaid 1115 waivers. These experimental Medicaid-reimbursed programs are reviewed and approved by the Secretary of Health and Human Services to promote the objectives of Medicaid.

On April 23, 2023, the US Supreme Court denied a petition for certiorari filed by Stephen Thaler, following the US Court of Appeals for the Federal Circuit’s finding that Thaler’s artificial intelligence system — DABUS – could not be considered an “inventor” under the Patent Act.

In a recent decision, the US District Court for the District of Utah granted United Healthcare’s (UHC) motion for summary judgment on the plaintiff’s facial and as-applied claims under the Mental Health Parity Act.

Headlines that Matter for Companies and Executives in Regulated Industries

This has been a banner year for employee-friendly legislation in the Commonwealth of Virginia.

The “Chevron doctrine,” meaning whether courts should defer to agency interpretations of ambiguous statutes they administer, has been viewed as a key underpinning of the modern regulatory state.

On April 24, 2023, the Illinois Supreme Court announced an amended rule permitting service of summons through electronic means of communication. The new rule, effective immediately, clarifies the procedure for using this alternative means of service.

On April 27, 2023, Worthington Industries filed antidumping duty (AD) and countervailing duty (CVD) petitions on non-refillable steel cylinders from India.

We’ve all been on notice for some time that the current General Counsel of the National Labor Relations Board (NLRB or Board), as well as a majority of the Board itself, has an aggressively expansive view of employee rights under the National Labor Relations Act (NLRA or Act).

Headlines that Matter for Companies and Executives in Regulated Industries

Private Company Strategies

On April 13, the Federal Trade Commission issued Notices of Penalty Offenses and cover letters to close to 700 advertisers of OTC drugs, homeopathic products, dietary supplements, and functional foods, putting them on notice of their obligation to have adequate substantiation of their claims.