Alerts

A for-profit higher education company recently agreed to pay $30 million to settle Federal Trade Commission charges stemming in large part from deceptive practices by third-party “lead generators.”

New Jersey is one of the more aggressive states in seeking to punish employers for the misclassification of their workers. It recently upped the stakes for employers by enacting the New Jersey Wage Theft Act, which was signed into law on August 6, 2019.

In a 3-1 representation case, the National Labor Relations Board recently continued its roll-back on Obama-era precedents, invalidating a 180-member “micro-unit” of Boeing mechanics.

The protection of intellectual property in the biotech industry is critical. Patents are the most common form of IP protection for biotech inventions.

With uses ranging from transporting troops to increasing mobility for people with disabilities, off-road vehicles (ORVs) are being used by more people now than when the all-terrain vehicle (ATV) emerged in the 1960s. With increased demand comes increased discussion about how ORVs are regulated.

On September 11, 2019, the California Senate passed Assembly Bill 5 (A.B. 5), which – if signed into law – will codify the so-called “ABC Test” utilized by the California Supreme Court in Dynamex v. Superior Court of Los Angeles to hold that the company’s delivery drivers were employees.

Headlines that Matter for Companies and Executives in Regulated Industries

Continuing its trend of pro-employer rulings, the NLRB ruled that instead of a “clear and unmistakable waiver” standard, a “contract coverage” standard should apply when considering whether an employer’s unilateral action is permitted by a collective bargaining agreement.

The Committee on Foreign Investment in the United States is an interagency federal body that screens inbound foreign investments for national security risks, and it is currently putting the finishing touches on its draft regulations to implement FIRRMA.

The Gap, Inc. recently settled a class action lawsuit alleging that the retailer employed a misleading pricing scheme in The Gap and Banana Republic outlets and factory stores.

Headlines that matter for privacy and data security.

Soon, elected officials in Washington will be booking their return flights to the capital now that Labor Day has come and gone. After a torrid summer, the cooler autumn months ahead will be welcome news.

We are pleased to provide you with the updated, 2019 version of the Arent Fox Survey of Data Breach Notification Statutes.

Headlines that Matter for Companies and Executives in Regulated Industries

List 4A goes into effect, all Section 301 tariffs to increase by 5 percent, USTR deadlines loom, and the President orders American companies to “search for alternatives” to China sourcing. This is your end-of-summer Section 301 China tariffs roundup.

In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and Master Perfumer and CEO of DreamAir Christophe Laudamiel discuss how to find your signature scent, how a scent is made, and what notes don’t mix well together.

Informal guidance memos can be a powerful tool — allowing agencies to quickly pivot following a change in administration, avoiding the time and expense associated with the notice and comment process.

A divided panel of the National Labor Relations Board (NLRB or Board) ruled that the stand-alone misclassification of a worker as an independent contractor instead of an employee does not violate the National Labor Relations Act (NLRA or Act). Velox Express, Inc., Case 15-CA-184006.

In recent years, the Committee on Foreign Investment in the United States (CFIUS) has taken a much stronger interest in the national security ramifications of sensitive data falling into the hands of foreign adversaries, including the sensitive personal data of American citizens.

Headlines that Matter for Companies and Executives in Regulated Industries

In a split decision, the National Labor Relations Board (NLRB or the Board) ruled last week that a property owner that is not in any underlying labor dispute, does not have to grant access to off-duty employees of an onsite contractor to exercise their Section 7 rights, including leafletting.

The DoD, General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement a key provision of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY19 NDAA). 

The TTAB recently refused registration to two trademark applications for cannabis and marijuana vaporizers, finding no bona fide intent to lawfully use the marks in commerce because the vaporizers are classified as unlawful drug paraphernalia under the CSA. 

Headlines that Matter for Companies and Executives in Regulated Industries

College and university staff and college store operators routinely grapple with how to enable students to use copyrighted material in the most economical and efficient way. Copyright protections have not made this easy, with sometimes complex considerations for different licenses and exceptions.