Alerts

On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) issued Proposed Enforcement Guidance on Harassment in the Workplace, which presents a legal analysis of the standards for harassment and employer liability applicable to claims of harassment under the statutes enforced by the EEOC. The proposal is open to public comment until November 1, 2023.

On September 12, 2023, the Senate Judiciary Subcommittee on Privacy, Technology, and the Law convened a hearing to discuss potential legislation focused on AI models, the third in a series of hearings by the subcommittee analyzing issues in AI oversight. A key discussion topic was the Bipartisan Framework for US AI Act introduced by Senators Richard Blumenthal and Josh Hawley.

On September 21, 2023, the US Departments of Treasury (DOT), Labor (DOL), and Health and Human Services (HHS) (the Departments) issued new rulemaking governing the administrative fee required to access the arbitration process established under the No Surprises Act (the Act). Under the proposed rule, the new fee would be set at $150.

On September 28, 2023, Eastman Kodak Company filed antidumping duty (AD) petitions on Aluminum Lithographic Printing Plates from China and Japan, and a countervailing duty (CVD) petition on the same product from China.

Following its enforcement action against Impact Theory, LLC, the US Securities and Exchange Commission (SEC) commenced an administrative proceeding charging Stoner Cats 2, LLC (SC2) with conducting an unregistered offering of securities in the form of non-fungible tokens (NFTs) in violation of the Securities Act of 1933.

Headlines that Matter for Companies and Executives in Regulated Industries

Prior to 2022, multifamily operators acquired properties throughout the United States at record low interest rates, creating a unique buying opportunity for owners and investors.

On September 15, 2023, New York Governor Kathy Hochul signed into law legislation (S.5959-B/A.5718-B), which allows out-of-state “risk retention groups” registered in New York State to offer automobile insurance coverage to 501(c)(3) not-for-profit organizations in the state.

The IRS has announced an immediate moratorium on the processing of new employee retention credit claims and warns taxpayers of aggressive promoters and marketers “hustling to get a hefty contingency fee.”

The Battery Show, now in its 14th year, is billed as “the most comprehensive advanced battery manufacturing event” in the world.

While increased enforcement resulting from increased federal focus on environmental justice (EJ) issues poses risk to many businesses, how the US Environmental Protection Agency (EPA) assesses and addresses EJ-related “cumulative risk” issues has the potential to create even more uncertainty.

Headlines that Matter for Companies and Executives in Regulated Industries

California state legislators have joined the arena in the fight relating to advertised rates in the hotel industry and beyond. If the recent legislation is signed by Governor Gavin Newsom, the law will have significant ramifications for hospitality companies nationwide.

Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater coordination through agency information sharing.

Private foundations are a favored vehicle for many charitably inclined clients — particularly those who seek to take a hands-on approach to their charitable mission while establishing a lasting legacy for their families.

Part 2: Self-Dealing Rules and their Impact on IRA Investments

Back in March, we wrote about the then-current news of some of the nation’s largest real estate owners defaulting on loans secured by office buildings.

From its founding in 1914 until roughly 2018, the Federal Trade Commission (FTC) enjoyed near complete hegemony as the primary consumer protection enforcement agency in the United States.

The ArentFox Schiff’s Electric Mobility team was delighted to accept an invitation from the organizers of The Battery Show, billed as the largest advanced battery event in North America.

In 15 Minutes on Congress: Appropriations Edition, Part 2, ArentFox Schiff Government Relations partner and podcast host Dan Renberg is joined by Bruce Evans, former Senate Appropriations Committee Minority Staff Director and Capitol Hill veteran with over three decades of experience.

The Internal Revenue Service (IRS) has issued guidance on the pharmaceutical excise tax that may apply to certain drug manufacturers, producers, and importers that fail to negotiate a drug-pricing agreement with the US Secretary of Health and Human Services.

The US Copyright Office has issued a notice of inquiry in the Federal Register on the intersection of copyright and artificial intelligence (AI).

The practice of repledging (sometimes referred to as “rehypothecation”) is utilized in, among others, loan, swap, and brokerage transactions.

For better or worse, generative artificial intelligence (GenAI) is already transforming the way we live and work.

LKQ Corp. v. GM Global Technology Operations LLC has brought attention to the ongoing debate surrounding design patent law, particularly with respect to the Rosen-Durling test for design patent obviousness.