Alerts

With the end of the first quarter of 2024, we highlight five developments, changes, or challenges that health systems, hospitals, nursing homes, clinics, physician practices, health insurers, and other health care providers, companies, and investors may face when entering into health care transactions in the US market.

On April 15, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA).

Earlier this week, the US Environmental Protection Agency (EPA) finalized a new rule designating two per- and polyfluorinated substances (PFAS), perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Today, the Federal Trade Commission adopted a final rule purporting to ban noncompete covenants for workers nationwide, which will become effective 120 days after publication in the Federal Register, unless first enjoined in long-anticipated litigation to challenge the FTC’s attempted rulemaking.

On April 22, the Office of the US Trade Representative (USTR) published a Federal Register notice announcing initiation of an investigation into China with respect to its practices in the maritime, logistics, and shipbuilding sector under Section 301 of the Trade Act of 1974.

When negotiating a transaction or vendor agreement, or adopting website terms of service or privacy policies, the choices made in dispute resolution provisions can significantly impact outcomes and costs in the event of a dispute.

Regulators at all levels are seeking to advance climate-change related policies. Of late, municipalities have increasingly sought to “decarbonize” buildings and related infrastructure through changes to building codes and legislation like “gas bans.”

The Federal Trade Commission (FTC) has heralded its increased antitrust scrutiny of price discrimination under the Robinson-Patman Act (RPA), though little has come of it to date.

With 2024 underway, we highlight some of the most pressing legal issues facing employers this year.

Headlines that Matter for Companies and Executives in Regulated Industries

In the words of rapper Kendrick Lamar, “Money trees is the perfect place for shade and that’s just how I feel.”

The Automotive Group sponsored and attended the National Association of Dealer Counsel conference in Napa Valley.

On April 16, the Federal Trade Commission (FTC) announced that it will hold a special Open Commission Meeting on Tuesday, April 23 at 2:00 p.m. ET, for purposes of voting on its proposed final rule banning noncompete agreements.

Enacted in 1925, the Federal Arbitration Act (FAA) reflects the nation’s policy favoring arbitration agreements. Employers routinely rely on the FAA to compel aggrieved employees to press their disputes before an arbitrator, rather than in civil litigation.

In an industry known for its fast-paced changes, 2024 will be no different for cannabis.

The sale of most compact florescent light bulbs (CFLs) is set to be phased out in 2028 under recent energy efficiency regulations finalized by the US Department of Energy (DOE).

Two bills, quite different in scope but both aiming to further restrict the use or presence of per-and polyfluoroalkyl substances (PFAS) in various products, are currently wending their way through the California legislature.

In an effort to give the Committee on Foreign Investment in the United States (CFIUS) more “bite,” yesterday the Committee published a Notice of Proposed Rulemaking (NRPM) in the Federal Register to enhance its procedures and strengthen its penalty and enforcement authorities.

ArentFox Schiff represented Group 1 Automotive in its acquisition of Mercedes-Benz, Sprinter and Honda dealerships located in Hilton Head, South Carolina in March.

ArentFox Schiff represented Group 1 Automotive in its acquisition of Newport Lexus and Tustin Lexus in February.

In Huerta v. CSI Electrical Contractors, Case No. S275431 (Mar. 25, 2024), the California Supreme Court made several holdings relating to when non-exempt employees must be paid, including for time spent undergoing mandatory vehicle searches.

While environmental justice (EJ) concerns continued to drive policymaking in early 2024, EJ efforts increasingly faced headwinds coming from various and sometimes unexpected directions.

Companies commonly receive subpoenas. Though it can be stressful to receive one, engaging in appropriate due diligence can help an organization effectively manage its response.

On April 5, 2014, after an eight-day trial and a few hours of deliberation, a federal jury entered a verdict for the SEC Commission (SEC) and found that Panuwat had engaged in insider trading when he purchased the securities of a company on the basis of material non-public information.

Nonprofits and associations commonly receive subpoenas. Though it can be stressful to receive one, engaging in appropriate due diligence can help an organization effectively manage its response.