When a bulk container of vitamins tore and began to leak, it set into motion an unforeseen chain of events — beginning with the injury of Martin Cassidy and ending with an increased risk of strict liability for distributors of allegedly defective products.

The FTC recently brought action against two companies for including non-disparagement provisions that bar or impose financial penalties on consumers for writing negative reviews in their form contracts, without a meaningful opportunity for consumers to negotiate such terms.

Earlier this month, members of Arent Fox’s Export Controls & Economic Sanctions team published analysis in WorldECR that identified problems with the application of secondary sanctions.

Will Toyota self-drive robot cars win the gold?

Data protection authorities in the UK and France have released updated guidance for website operators that use cookies on their websites.

On July 11, 2019, I presented at the American Bankers Association webinar, entitled, “Mortgage Disclosure Cures and Corrections — Mitigating Liability.” Below is a summary of the points presented in the webinar and additional analysis.

Food and beverage businesses seeking to gain a foothold in a new place should be aware of two court decisions issued earlier this summer.

New York Governor Andrew Cuomo just signed into law an ambitious statewide climate change agenda – the Climate Leadership and Community Protection Act (CLCPA).

AFS Automotive

While the US data privacy landscape is rapidly changing, there appears to be some helpful news for the automotive industry. Notably, the auto industry may receive the benefit of being exempt from the impact of two of the more rigorous state privacy laws that have entered the legal landscape.

The US District Court for the District of Columbia invalidated a final rule pursuant to which pharmaceutical manufacturers would have to disclose the list price of certain drugs on direct-to-consumer ads.

On July 9, 2019, the US Department of Health and Human Services, Office of Inspector General (OIG) released two reports addressing hospice deficiencies and the risks, potential harm, and actual harm those deficiencies posed to hospice beneficiarie. 

Looking up at the rotunda in the US Capitol building

The Senate Health, Education, Labor, and Pensions Committee recently voted to advance bipartisan legislation, called the Lower Health Care Costs Act (the Act), aimed at, among other things, curbing surprise medical bills. 

European startups have to plan for all (self-driving) conditions.

On May 28, 2019, the Maryland Governor permitted (without signature) the Noncompete and Conflict of Interest Clauses Act (the Act) to become law.

Swedish truckmaker AB Volvo’s first commercial autonomous truck deal shows how it is bundling services to generate revenue from a technology that is years away from wide deployment.

On June 18, 2019, the Federal Trade Commission (FTC) hosted a workshop to discuss and analyze the effects of Certificates of Public Advantage (COPAs) and Certificates of Need (CONs) on price and access to health care services, health care innovation, and quality of services.

In response to the significant increase in fraudulent filings, effective August 3, 2019, all foreign-domiciled applicants, registrants, or parties to trademark proceedings must be represented by a US-licensed attorney.

I’ll stream that show while I drive to work.

The US Court of Appeals for the Third Circuit recently confirmed that “anti-assignment” provisions — provisions prohibiting insureds from assigning their rights under a health plan to third parties, including medical providers — are enforceable as long as they are unambiguous.