Alerts

The Trump Administration did an about-face over the weekend, announcing that the sweeping 25 percent tariffs on products imported from China were placed on hold, as the two countries try to iron out a deal that would avoid the impending trade war.

Following a tweet from President Donald Trump that there was “big news coming soon” for the automotive industry, the Department of Commerce (DOC) formally announced on May 24, 2018 an investigation into the impact of certain automotive imports on US national security interests.

On May 21, 2018, the United States Supreme Court clarified that class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act, as set forth in the decision of three consolidated cases.

The May 21 notice provides guidance on the manner in which imports whose exclusion requests are approved by the DOC should be entered in order to avoid the Section 232 duties.

On May 17, 2018, CMS issued a strongly-worded letter to Part D plan sponsors stating that pharmacy “gag clauses” are unacceptable.

In a recent decision, the US Court of Appeals for the Ninth Circuit held that a surgical center lacked standing to bring ERISA claims against a health plan because the plan had a valid anti-assignment provision.

A New Jersey-based company, Aromaflage, and its owners have agreed to settle charges brought by the Federal Trade Commission (FTC) regarding the company’s sale of sprays and candles that claim to be insect-repelling.

Following delays and much build up, the White House and the Department of Health and Human Services (HHS) have released their plan to address rising pharmaceutical prices and out-of-pocket costs directly impacting patients.

Following the Presidential Proclamations issued April 30, 2018 regarding the imposition of double-digit tariffs on certain steel and aluminum imports (Section 232 tariffs), US Customs and Border Protection published further guidance detailing the implementation of the Section 232 tariffs.

On March 28, 2018, the Governor of Alabama, Kay Ivey, signed SB 318, the Alabama Data Breach Notification Act, which becomes effective June 1, 2018. Alabama is just behind South Dakota, which enacted its data breach notification statute this past March.

In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo discusses Halston’s iconic “bigger than life” style evolution with General Counsel Jenny RIm.

In the blink of an eye, the California Supreme Court has abandoned decades-old precedent in favor of a new “ABC Test,” which broadens the definition of employees in the employee-versus-independent contractor analysis.

On April 18, 2018, the Securities and Exchange Commission (SEC) concurrently issued three releases, all related to standards of conducts for investment professionals (“Rulemaking Package”).

Canadian business leaders greeted the President’s announcement that the exemptions for Canada (and Mexico) from the double-digit “Section 232 tariffs” on certain steel and aluminum imports will be extended an additional month, or May 31, 2018.

Not only do decisions from the Trademark Trial and Appeal Board now, in some circumstances, have a preclusive effect on federal litigation, the US District Court for the District of Delaware recently granted a motion to stay a federal court action pending the outcome of a TTAB proceeding.

On May 8, 2018, President Trump announced that the United States is withdrawing from the Joint Comprehensive Plan of Action (JCPOA).

Between December 2017 and April 2018, the New York City Council, New York State Assembly, and federal lawmakers have instituted several new requirements with regards to workplace sexual harassment.

A development out of the Ninth Circuit makes relators more likely to qualify as an original source under the False Claims Act and thus survive the public disclosure bar.

Arent Fox White Collar and Investigations Partner Terree Bowers will speak at the 2018 Fidler Institute on Criminal Justice on a panel titled, “The Mueller Investigation and Political Corruption Cases.”

The latest False Claims Act settlements indicate that the Anti-Kickback Statute continues to be an enforcement priority and a key tool for identifying and prosecuting healthcare fraud.

If your family includes a person with special needs, here are 10 tips to get you started on the right track to developing an estate plan that works for your family.

US Customs and Border Protection published guidance for claiming refunds on duty preference claims made under the Generalized System of Preferences between the program’s expiration on December 31, 2017 and the implementation date of its reauthorization date, April 22, 2018.

The Federal Trade Commission recently reached a settlement agreement over charges against an online marketing operation accused of deceptively luring consumers into expensive subscriptions by offering “free trials” of teeth-whiteners and related products.

On April 9, 2018, the US Circuit Court of Appeals for the Ninth Circuit held, in an en banc decision, that employers cannot rely on an employee’s past salary to justify disparities in compensation between men and women.

Importers of known industries where North Korean forced labor is used, such as footwear, textiles, seafood, mining, pharmaceuticals, and logging, must exert caution or be prepared to face the consequences.