All Perspectives

Headlines that Matter for Companies and Executives in Regulated Industries

The European Union (EU) has approved updates to its design protection legislation to modernize the framework and support innovation across member states.

When was the last time your association board and chief executive asked each other, “How should we work together?”

Most fashion, beauty, and retail companies depend heavily on global supply chains to produce products sold in the United States, but with significant tariff increases looming and an unpredictable trade landscape, companies need to reassess sourcing and manufacturing strategies. Countries that were traditional sources of lower cost and high-quality products could be the target of tariffs under President-elect Trump’s proposed tariff policies. We explore scenarios for these tariffs, the impacts on the fashion, beauty, and retail industries, and what companies can do to mitigate the impacts of the potential tariffs.

On December 3, the US District Court for the Eastern District of Texas issued a nationwide preliminary injunction barring the enforcement by the US government of the Corporate Transparency Act (CTA).

On November 4, 2024, New York City Mayor Eric Adams signed into law the Safe Hotels Act, establishing a licensing requirement for hotels that operate in New York City. The Act requires most new and existing hotels to implement consumer safety and cleanliness protocols, maintain continuous front desk coverage, directly employ certain “core” employees, and train its employees to identify and combat human sex trafficking.

Through the years, the US Tax Court has provided significant clarification on the gift tax consequences of terminating qualified terminable interest property (QTIP) trusts. Two new cases in 2024, Estate of Sally J. Anenberg v. Commissioner and McDougall v. Commissioner, have helped to confirm our understanding of these often complex transactions.

As we reported last month, a California federal court recently dismissed a per- and polyfluoroalkyl substances (PFAS) class action complaint on the basis that the plaintiffs’ total organic fluorine (TOF) analysis testing method was insufficient to support their allegations that the defendants’ products contained PFAS. Prior to this, courts had dismissed similar lawsuits based on lack of standing, holding that the plaintiffs failed to allege that the specific products they purchased were found to contain PFAS.

In this inaugural episode, hosts Jon S. Bouker and Dan H. Renberg build on ArentFox Schiff’s Election Analysis to explore the implications of the 2024 Presidential election results. 

The Biden Administration has put environmental justice (EJ) issues at the forefront of its policy agenda for nearly four years. More comprehensive guidance on how policymakers should evaluate “cumulative impacts” has been a long-promised part of these EJ efforts.

On November 16, New York’s Clean Slate Act took effect. The purpose of the Act is to aid in curbing discrimination in the workplace against individuals with certain New York State criminal convictions. As discussed below, the Act will limit the types of criminal convictions that employers can access and dictates how they must handle the information that they are made aware of when considering it in connection with employment actions, such as hiring or continued employment.

ArentFox Schiff announces the relocation of its Los Angeles office to 555 South Flower Street. Located in the heart of downtown LA, the new space is defined by cutting-edge architectural design and integrates innovative technology and amenities to foster in-office and remote collaboration.

Michael Showalter and Bradley Rochlen will lead a webinar hosted by the Washington Legal Foundation on December 12, 2024.

Join Birgit Matthiesen and James Kim for a webinar with the Canadian Transporation Equipment Association.

On November 20, Oy Lunawood Ltd, a pioneer and global leader in sustainable wood innovations that positively impact architecture and reduce emissions worldwide, and Atlanta Hardwood Corporation, which specializes in the manufacturing and distribution of hardwood products, announced the formation of a joint venture, Lunawood LLC.

The US Patent and Trademark Office (USPTO) has finalized its fee schedule for 2025. The updated fee schedule will take effect on January 19, 2025, and will represent a 7.5% across-the-board increase in USPTO fees.

In a departure from past jurisprudence, a recent DC Circuit decision questioned whether the White House Council on Environmental Quality (CEQ) had the legal authority to issue key regulations under the National Environmental Policy Act (NEPA). The decision, which evaluated federal planning related to tourist flights over national parks, interpreted CEQ’s NEPA regulations, which prescribe how federal agencies must comply with NEPA and have set the standards for federal agencies’ consideration of the environmental impacts of major federal actions for decades. The decision could impact how many agencies conduct and interpret environmental assessments in areas including biotechnology and agriculture.

Michael Showalter will join a panel at the Air & Waste Management Association’s Environmental Justice: Policy, Practice, and Progress Conference on December 4, 2024.

Prop 65 Counsel: What To Know

In Rodriguez v. Lawrence Equipment, Inc., Case No. B325261 (Nov. 8, 2024), the California Court of Appeal held that an employee who loses their Labor Code claims in an individual arbitration no longer has standing to pursue a claim on behalf of others in court under the Private Attorneys General Act (PAGA).

Headlines that Matter for Companies and Executives in Regulated Industries

Employers wanting to create a more equitable and legally compliant workplace while also reducing their risk of litigation may want to pay particular attention to the California Court of Appeal’s recent decision in Wawrzenski.

This past July, we reported on the Centers for Medicare & Medicaid Services (CMS) release of the 2025 proposed Hospital Outpatient Prospective Payment System (HOPPS) and Physician Fee Schedule (PFS) rules. CMS has now released the 2025 final rules, though they will not be published in the Federal Register for several more weeks.

Join Angela Santos as she speaks at an American Apparel & Footwear Association webinar.

Michael Fainberg and Patrick Lai will host a presentation titled, “Trends, Challenges, and Strategies of Patenting AI innovations in the U.S.”