Alerts

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.

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.

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.

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.

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.

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.

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.

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.

Have you eaten “America’s Favorite Pasta” or received a “record-breaking” footbag with your fast-food meal? While these products may seem to have little in common, they have a shared experience – each was the target of a false advertising claim. The statements raise the always-burning question for m

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

Many conduit tax exempt revenue bonds bear interest at a floating rate, most typically a percent of USD 1-month LIBOR (here, LIBOR).

A federal court in Nebraska recently rejected a health plan’s fiduciary breach claims under the Employee Retirement Income Security Act of 1974 against third-party service providers, holding that the service providers were not ERISA fiduciaries and did not breach fiduciary duties under ERISA.

Headlines that Matter for Companies and Executives in Regulated Industries

In the underlying case, OSHA issued citations to Wynnewood Refining Co., LLC related to a steam boiler powered by natural gas at the company’s oil refinery in Wynnewood, Oklahoma.

News and analysis that matters for privacy and data security.

For the last thirty years, I have defended companies in OSHA enforcement actions. No matter how large or small the action, employers should always begin by evaluating the potential financial impact the OSHA citation could have on the company.

The US Department of Justice (DOJ) is in the midst of a comprehensive policy review regarding the use of Supplemental Environmental Projects (SEPs) in settlements of environmental enforcement actions.

On September 24, the IRS issued Revenue Procedure 2019-38, clarifying rental real estate owners’ eligibility for the highly anticipated tax break under section 199A of the Internal Revenue Code.

In a much anticipated decision, Judge Allison Burroughs of the US District Court for the District of Massachusetts held this week that Harvard College’s admission’s policy, which considers race among many factors, is lawful.

In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a California Bay Area franchisee.