We are pleased to provide you with the new, 2018 version of the Arent Fox Survey of Data Breach Notification Statutes.

Last Thursday, the South Carolina District Court reinstated the Obama-era definition of “waters of the United States” (WOTUS) in roughly half the country, furthering the ambiguity in the never-ending saga over how to define WOTUS under the Clean Water Act.

The EPA kicked off the week with the proposed Affordable Clean Energy (ACE) rule, which is meant to replace the Clean Power Plan (CPP).

Soccer stadium

In today’s instant news environment, headlines are abuzz with different types of misconduct in the sports industry. These issues range from sexual misconduct allegations to player mistreatment.

Manufacturers are spending more money than ever before on incentives according to a recent online article published by McKinsey & Company, a New York based global management consulting firm.

Following on our previous alert, Proposition 65 amendments that take effect on August 30, 2018 impose new warning requirements on all participants in the product supply chain.

On June 6, 2018, NLRB General Counsel Peter Robb issued Memo 18-04 offering helpful guidance on employee handbooks after the Board’s decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017).

Check those VIN numbers!

Digital stock ticker

Recent decisions arising out of the Arcapita bankruptcy case provide useful guidance regarding the minimum contacts required for bankruptcy court jurisdiction as well as when and how to apply international comity and the presumption against extraterritoriality in bankruptcy litigation.

In a recent opinion, United States Bankruptcy Judge Martin Glenn of the Southern District of New York held that Bankruptcy Courts may enter final default judgments against non-US defendants who fail to respond to a properly served summons and complaint.

Just when you thought you were helping the environment.

President Trump signed into law the Foreign Investment Risk Review Modernization Act (FIRRMA) to modernize the CFIUS review process to address 21st century national security concerns today. Congress enacted FIRRMA as Title XVII of the Fiscal Year 2019 National Defense Authorization Act, HR 5515.

Administrative deference is a fundamental tenet of environmental law. A recent decision in Los Angeles Waterkeeper v. Pruitt, however, provides an important reminder that agency deference is bound by the four corners of the underlying statute.

The US Administration announced that it would be imposing sanctions on the Russian Government under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act) over the use of a “Novichok” nerve agent in an attempt to assassinate UK citizen Sergei Skripal.

On July 9, California Governor Jerry Brown signed Assembly Bill 2770 into law, which seeks to protect victims of sexual harassment who complain to their employers from defamation claims by the alleged harasser.

The Trump Administration rolled out its anticipated rules on fuel efficiency and emissions standards for model years 2021-2026 last week.

Samsung is looking toward the future.

The President issued an Executive Order on August 6, 2018, “Reimposing Certain Sanctions With Respect to Iran” (the New Iran EO), which re-imposes relevant provisions of five Iran sanctions EOs (EOs 13574, 13590, 13622, and 13645).

Soccer stadium

Ever since the US Supreme Court issued its decision striking down the federal ban on state sponsored sports betting in the Professional and Amateur Sports Protection Act this spring, there has been much discussion and speculation on what the decision means for the fantasy sports industry.

Aerial view of water and dock covered in shipping containers

US Trade Representative Robert Lighthizer issued a statement on August 2, 2018, advising that President Trump has directed him to consider raising the previously proposed 10% additional duty to be applied to $200 billion worth of Chinese goods (referred to as the List 3 products) to 25%.

The Centers for Medicare & Medicaid Services has released its “Proposed Changes to Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs” for calendar year 2019 (the Proposed Rule).

Monthly Wrap: News, insights & analysis from Arent Fox’s International Arbitration team.

The Ninth Circuit held that a bankruptcy court may not designate claims (i.e. disqualify claims for plan voting purposes) for bad faith under 11 USC § 1126(e)