Alerts

Lenwood Hamilton, also known as Hard Rock Hamilton, claimed that Gears of War character Augustus Cole infringed his publicity rights because the video game character had a number of features he felt were identified with him.

Retailers that issue gift cards should be aware of a recent wave of class action lawsuits filed under the Americans with Disabilities Act (ADA) at the end of October.

For a variety of reasons, as has been widely reported, LIBOR is to cease to be published by the end of 2021 and this expected elimination of the index upon which financing transactions are based raises serious tax and non-tax concerns.

Headlines that Matter for Companies and Executives in Regulated Industries

Governor Newsom signed AB 51, codified as Labor Code section 432.6, which prohibits California employers from requiring an employee to sign an arbitration agreement “as a condition of employment, continued employment, or the receipt of any employment-related benefit.” 

The US Trade Representative (USTR) has established a process for interested parties to request that particular products be excluded from these tariffs, which has now closed for the first three lists and is gearing up for the fourth.

In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and Arent Fox Government Enforcement & White Collar Co-Practice Leader Scott Peeler discuss how to guard against FCPA violations.

Technology has changed all of our day-to-day lives. It also has impacted how lawyers practice. While having the internet at our fingertips is a convenience for most of us, it can cause headaches for judges and lawyers when jurors use the internet during trial to post or search online about the case.

Earlier this week, Bloomberg Law reported that courts have stayed CFPB litigation while they wait for a Supreme Court ruling on the bureau’s structure and those stays could reduce the CFPB’s leverage in enforcement matters.

The Massachusetts Superior Court’s recent decision in Burke v. The General Hospital Corp. et. al., provides critical insight into the limitations of the attorney-client privilege as it applies to investigation reports, and guidance on how to make sure such reports can be protected from discovery.

Last week, a California federal jury concluded that the maker of 5-Hour Energy Drink did not violate federal antitrust law by selling the energy shots to Costco for less than the price charged to its family-owned rivals.

On October 7, 2019, the California Chamber of Commerce filed suit against the State of California requesting that a federal district court enjoin the State and private enforcers from requiring Proposition 65 warnings on foods that contain acrylamide.

It is increasingly popular for overseas investors to purchase minority interests such as limited partnerships in U.S.-based companies or funds.

The Federal Trade Commission (FTC) recently filed a complaint against Match.com (Match) in the US District Court for the Northern District of Texas alleging that the dating website allowed fake accounts to lure consumers into purchasing subscriptions.

Arent Fox recently advised DSC Partners, a District of Columbia based investment group, in the acquisition and financing of 28 office and flex buildings for $149 million.

On October 11, 2019, the US International Trade Commission (ITC) began accepting petitions as part of the 2019 Miscellaneous Tariff Bill (MTB) process.

On October 23, the President asked the Department of the Treasury to lift previously imposed sanctions against Turkey following the cessation of Turkey’s offensive in Syria and the implementation of a lasting ceasefire.

In a decision very favorable to California hospitals and medical staffs, the Court of Appeal rejected a physician’s argument that he was denied due process during his peer review hearing because of hearing officer alleged bias.

BIS has restricted Cuba’s access to commercial aircraft and other goods, lowered de minimis for foreign items containing US content to 10%, and restricted the temporary sojourn by aircraft in Iran, Syria, Sudan, and North Korea, as well as Cuba. 

The Federal Trade Commission issued a decision last week illustrating that even sophisticated executives need reminding that emails and texts will be “Exhibit A” of an antitrust violation.

Headlines that Matter for Companies and Executives in Regulated Industries

As promised, we return now to provide an overview of the CFPB’s petition activity for the year to-date. In addition to the Bank of America (BofA) petition denial we discussed last month, the CFPB has issued a series of decisions denying petitions to modify or set aside civil investigative demands.

On October 7, 2019, United States Supreme Court declined to hear an appeal of a decision by the Ninth Circuit presenting a question of significant importance to business owners engaged in ecommerce.

With the news media covering the link between marijuana vaping, deaths, and lung conditions, California’s push to add THC to the Proposition 65 harmful chemicals list could mean financial, legal, and reputational challenges for cannabis businesses.

The EO is sweeping in scope and will have a significant impact on US companies doing business with Turkey.