All Perspectives

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The Inflation Reduction Act of 2022, which was signed into law on August 16, 2022, enacted a new 1% excise tax on certain repurchases of the stock of publicly traded corporations, codified in Section 4501 of the Internal Revenue Code of 1986 (the Excise Tax).

Many nonprofits are presented by lenders with an option to enter into an interest rate swap or cap when pursuing long-term financing or modifications to existing long-term financing.

How the US Environmental Protection Agency (EPA) will factor environmental justice (EJ) principles into permitting decisions remained largely an open question throughout 2022. In the waning days of the year, EPA’s Office of Air and Radiation’s guidance engages with the question.

The US litigation finance industry is valued at over a billion dollars and has continued to grow as potential funders increasingly see litigation as an investment opportunity. Despite the growing presence of litigation funders, courts continue to extend work product protection and confidentiality.

Last year, the United Kingdom Financial Conduct Authority (UK FCA) announced the following:
- ‘Zombie’ USD LIBOR for proposed use from July 1, 2023, through September 30, 2024, except for cleared derivatives
- 1-Month and 6-Month ‘Zombie’ Sterling LIBOR to cease on March 31, 2023

January 10, 2023

ACTEC Trust & Estate Talk Podcast
Partner Kevin Matz discusses issues critical to the formation of LLCs and limited partnerships.

On September 29, 2022, California Governor Newsom signed into law the Motor Vehicle Digital Number Plates Act (AB 984), which will give the Department of Motor Vehicle (DMV) authority to move forward with new vehicle registration technologies and to issue alternative devices for license plates.

While it’s well known that the auto industry is undergoing an electric vehicle (EV) revolution, one of the industry’s offspring is experiencing a quieter but notable sea change as well — parking. 

After pushing through the most challenging periods of COVID-19’s impact on the global supply chains, companies have focused on streamlining manufacturing and distribution, putting Mexico in the spotlight.

On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule that, with limited exceptions, would both ban post-termination non-compete covenants in employment agreements and require rescission of existing post-termination non-competes.

Medical marijuana has been legal in DC since 2011. In recent years, the District has adopted piecemeal amendments to its medical cannabis program, largely through temporary emergency legislation and mayoral rulemaking. In recent years, DC has also attempted to legalize adult-use marijuana.

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would ban employers from requiring workers to sign noncompetes and require recission of existing noncompetes. The FTC’s press release accompanying the rule states that its intent is to “promote greater dynamism.”

ArentFox Schiff is pleased to announce that eight attorneys have been named to Washingtonian magazine’s 2022 Top Lawyers, which features the “top legal talent” in Washington, DC.

Partner Ross Panko was quoted on three major cases pending in the US Supreme Court that could greatly impact both copyright and trademark laws.

As Illinois’ implementation of the Energy Transition Act, PA 102-0662 — commonly referred to as the Climate and Equitable Jobs Act (CEJA) — continues, the Illinois Commerce Commission (ICC) is developing a Renewable Energy Access Plan to help achieve the law’s renewable electricity goals.

Partner Jay Halpern was quoted on the major challenges and opportunities facing the restaurant industry in 2023, such as supply constraints, construction delays, and an ongoing labor shortage.

With the start of the new year, the ArentFox Schiff Hospitality Industry team reviews 10 of the most pressing legal issues for hospitality companies in 2023.  

Partner Sarah A. W. Fitts was quoted on the US Environmental Protection Agency’s (EPA) Greenhouse Gas Reduction Fund.

On New Year’s Eve, New York Governor Kathy Hochul signed New York’s “Cumulative Impacts” bill into law, making New York the second state in the nation to require assessment of “cumulative impacts” affecting certain communities before an environmental permit is issued or renewed.

ArentFox Schiff LLP, the first major law firm to open an office in the Metaverse, as reported by The American Lawyer, has launched a first-of-its-kind IP Enforcement Task Force to tackle legal and technical challenges associated with the enforcement of intellectual property rights in the Metaverse.

Consumer Products Industry Group Co-Leader Michelle Mancino Marsh was quoted in IP Watchdog on the major trends and key issues to watch in Intellectual Property Law in 2023.

The holidays came early for organized labor this year, with the National Labor Relations Board (NLRB or Board) issuing another decision that will make it easier for unions to organize new workplaces.

On December 20, 2022, the US Senate unveiled the long-awaited Consolidated Appropriations Act, 2023. The US House of Representatives passed the bill three days later, and it is now awaiting President Biden’s signature.