All Perspectives

On July 26, 2022, Massachusetts joined seventeen other states which prohibit race discrimination based on natural hairstyles when Governor Charlie Baker signed the Creating a Respectful and Open World for Natural Hair (“Crown”) Act, which bans discrimination based on hairstyles at work and school.

We are pleased to announce that two ArentFox Schiff attorneys will assume leadership roles on the Estate & Gift Taxation Committee of the New York City Bar Association.

The US Securities and Exchange Commission (SEC) has adopted a new standard called Regulation Best Interest (Reg BI)[1] that shifts the focus on protecting customers first and foremost. Although the regulation possibly puts certain customers first, it leaves some important areas vulnerable. 

On July 20, 2022, the HHS Office of Inspector General (OIG) issued a Special Fraud Alert cautioning physicians and other health care practitioners to use “heightened scrutiny” when entering into telemedicine arrangements that have “suspect characteristics” of a fraud scheme.

The Metaverse is widely regarded as the next frontier in digital commerce, with organizations spending millions of dollars securing a presence by buying digital real estate and investing in platforms to be market leaders.

Partner Mamta Shah recently spoke with Corporate Counsel about the potential risks faced from law enforcement seeking information by companies that wish to offer travel benefits to employees who obtain abortion services out-of-state.

US Senate Democrats Chuck Schumer and Joe Manchin reached a compromise on the fiscal year 2022 budget reconciliation that includes $369 billion in new spending to spur clean energy and technology over the next decade. The bump in spending would be off-set by corporate tax changes.

On July 12, 2022, the Council of the District of Columbia voted to amend the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”). Implementation of the Act has been delayed on several occasions and is currently set to occur on October 1, 2022. 

Kay Georgi speaks at ACI’s US-China Trade Controls Conference.

Although the emergence of virtual “real” estate in the metaverse presents a unique opportunity for the commercial real estate industry, there are risks associated with virtual real property.

The HHS Office for Civil Rights (OCR) recently imposed a $50,000 civil monetary penalty on a dental practice that disclosed patient-identifying information in response to a negative online review. The case is a reminder that healthcare providers risk liability for a HIPAA privacy violation.

Sometimes, a wage and hour decision touches upon several noteworthy issues, either addressing them for the first time, in new contexts, or serving as a good reminder on topics.

Headlines that Matter for Companies and Executives in Regulated Industries

According to guidance published by the Centers for Medicare and Medicaid Services (CMS) on July 11, 2022, EMTALA, the Emergency Medical Treatment and Labor Act of 1986, requires hospitals to provide abortion services when necessary to stabilize a pregnant patient’s emergency medical condition.

Last month, Maryland Governor Larry Hogan signed into law HB 78, which amends the state’s equal employment opportunity law to require employers to reasonably accommodate a job applicant’s known disability. 

Enforcement under the major federal environmental statutes is often - but not always - filed by state or federal regulators.

Media & Entertainment Industry Team Co-Leader Michelle Cooke was quoted on TikTok parent company ByteDance’s plan to launch a stand-alone music streaming service called “TikTok Music.”

After leading the nation in banning plastic bags, California recently enacted sweeping legislation that requires a reduction in the amount of plastic produced and used in the state. The law is the first of its kind. 

ArentFox Schiff LLP is proud to announce that the firm will be awarded the Chapter 11 Reorganization of the Year (Between $10MM and $100MM) by The M&A Advisor at their 16th Annual Turnaround Awards.

ArentFox Schiff is pleased to announce that the firm and two partners have been shortlisted for the annual LMG Life Sciences Americas Awards.

Environmental justice (EJ) issues continue to be at the forefront of the Biden Administration’s regulatory agenda, with promises to deploy non-environmental statutes - most notably, federal civil rights laws.

Five Questions, Five Answers

Partner Jane Montgomery was quoted on the US Supreme Court’s decision in West Virginia v. EPA that ruled the Clean Air Act (CAA) doesn’t have clear authority to address carbon emissions reduction.

The life sciences and pharmaceutical industry is investigating potential applications in the Metaverse to reduce costs, increase efficiency, and develop novel functionalities.

In an exciting turn of events in the world of the International Traffic in Arms Regulations (ITAR), the US Department of State, Directorate of Defense Trade Controls issued two open general licenses (OGLs) authorizing the reexports and retransfers of most unclassified defense articles (including sof