Blogs

ArentFox Schiff’s Forced Labor Enforcement Task Force published its first annual report last year to help multinational companies navigate the complexities of forced labor laws in the United States and in countries around the world. Since our last report, forced labor enforcement has developed rapidly, with many of our predictions materializing in 2024.

This podcast comes on the heels of a whirlwind weekend of tariff headlines from Washington, DC, and reactions around the globe. It begins with news of the tariff “reprieve” for imports from Canada and Mexico and quickly turns to the impact of such tariffs on the North American vehicle and vehicle parts industries.

Welcome back to the AFS Fashion Insiders Executive Forum. Consumer Products Industry Group Co-Leaders Katia Asche and Matthew R. Mills discuss the ballooning legislation across states and in the federal government regulating “greenwashing” and the use of PFAS or “forever chemicals” in products ranging from food to apparel to kitchenware.

As artificial intelligence (AI) continues to develop at a rapid pace, even the most sophisticated general counsel (GC) and in-house legal teams will be hard pressed to keep up with the evolving legal landscape.

On October 1, 2024, the United Kingdom Financial Conduct Authority (UK FCA) phased out ‘Zombie’ LIBOR, as a transitional benchmark, with the move to alternative “risk-free” rates.

On December 21, 2024, New York Governor Kathy Hochul signed into law the New York State Fashion Workers Act, which imposes new regulatory obligations on fashion companies, advertising agencies, model management companies, and other entities that work with fashion models.

As of this writing on February 3, the president’s long awaited new tariffs have been officially announced via Executive Orders (EOs) from the White House for Canada, Mexico, and China. They confirm media reports of new 25% tariffs for imports from Canada (except energy resources) and Mexico and 10% for imports from China entered on and after February 4. Canadian energy resources will be subject to a 10% tariff. The rates of duty are in addition to any other duties, fees, exactions, or charges applicable to such imported articles.

President Trump is focused on immigration compliance, including I-9 compliance. The federal Form I-9 is the form that every employer has to complete for every paid employee within their first three days of employment.

Headlines that Matter for Companies and Executives in Regulated Industries

California is leading the way in ensuring that determinations of medically necessary health care services are made by licensed physicians and not artificial intelligence (AI) algorithms.

The Trump Administration has issued a memo directing a temporary freeze on all environmental litigation to allow for review and potential reconsideration by the new Administration of its position in these matters.

At the Oval Office signing ceremony on January 20, President Trump announced plans to impose 25% tariffs on imports from Mexico and Canada. The following day, President Trump extended this tariff threat to include additional 10% tariffs on goods from China, further escalating trade tensions with these key trading partners. According to Trump, the tariffs on China, Canada, and Mexico will take effect on February 1. However, there is still uncertainty about whether this deadline will be met or if it is being used as a negotiation tactic.

The US Securities and Exchange Commission (SEC) released a press release on January 15 announcing that it had charged Navy Capital Green Management, LLC, an investment adviser, with violations of the Investment Advisers Act of 1940 related to its Anti-Money Laundering (AML) policies and procedures.

Many parties are rightly concerned about the impact of yesterday’s announcement that nearly all federal funds will be frozen for an indeterminate period. Minutes before it was intended to go into effect today, a federal judge in Washington, DC, temporarily ordered the freeze to be lifted until at least Monday February 3, when a full hearing will occur as to whether the freeze is permissible under federal administrative procedure laws and the First Amendment.

As the development of the next-generation internet, known as Web3 — characterized by blockchain applications, smart contracts, and cryptocurrency transactions — continues to gain momentum, Web3 developers are turning to ArentFox Schiff’s Patent group for assistance in patenting their innovative technologies that will shape the future of the internet.

Prop 65 Counsel: What To Know

On January 13, the chief administrative law judge of the US Drug Enforcement Administration (DEA), John Mulrooney, postponed the highly anticipated hearing on the rescheduling of cannabis under the Controlled Substances Act (CSA), which was set to begin on January 21. The order postpones the rescheduling hearing for at least three months.

The US Customs Agency, established in 1789 under the US Department of the Treasury, has undergone significant transformations throughout its history. Initially focused on revenue collection and trade regulation, the agency’s role expanded to include national security functions following its integration into the US Department of Homeland Security (DHS) in 2003 pursuant to the Homeland Security Act of 2022 (HSA).

Headlines that Matter for Companies and Executives in Regulated Industries

On December 11, 2024, the US Court of Appeals for the Fifth Circuit ruled that the Securities and Exchange Commission (SEC) lacked statutory authority to approve Nasdaq’s board diversity rules. Subject to certain exceptions, the diversity rules required, among other things, that Nasdaq-listed companies publicly disclose the demographic makeup of their boards of directors, and that boards with five or more directors include at least two “diverse” directors.

On January 14, the US Department of Labor’s (DOL) Wage and Hour Division (WHD) published two opinion letters, FLSA2025-1, which addresses tip pooling under the Fair Labor Standards Act (FLSA), and FMLA2025-1-A, which provides guidance on how employers may coordinate paid family leave benefits with leave taken under the Family Medical Leave Act (FMLA).

President Trump has been explicit in his focus on immigration compliance and enforcement. Employers should expect increased workplace enforcement actions, including US Immigration and Customs Enforcement (ICE) raids and unannounced workplace enforcement actions.

The United States has prevailed in a dispute against Mexico under the United States-Mexico-Canada Agreement (USMCA) concerning genetically modified (GM) corn.

Every president since George Washington has used the power of the executive order to achieve policy goals, set uniform standards for managing the executive branch of government, or influence the behavior of private citizens. In Washington’s case, orders were issued requiring executive departments to prepare reports for his inspection, and a proclamation was issued for the Thanksgiving holiday.

Following his inauguration on January 20, President Trump signed a slew of executive orders, including a handful related to Diversity, Equity, and Inclusion (DEI) initiatives.