All Perspectives

The Ninth Circuit issued a ruling in a closely-watched case between LinkedIn Corporation, the well-known professional networking site, and hiQ Labs, Inc., a data analytics company that relies on access to public LinkedIn profile data to provide HR-related analytics offerings to corporate clients. 

On September 24, 2019, the Wage and Hour Division of the Department of Labor (DOL) announced a new final rule raising the salary threshold employee compensation must meet in order to qualify for exempt status under the Fair Labor Standards Act (FLSA).

On September 17, 2019, the Treasury Department, on behalf of the full Committee on Foreign Investment in the United States, released the long-awaited comprehensive draft regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA).

FDA issued a Compliance Policy delaying enforcement of the DSCSA’s saleable returns verification requirement by one year. So now, instead of wholesale distributors having to comply by November 27, 2019, FDA will exercise enforcement discretion until November 27, 2020.

Draft Guidance issued by the US State Department recommends that companies that export items with surveillance capabilities conduct human rights due diligence, and solicits feedback by October 4, 2019.

Upending recent precedent, the National Labor Relations Board, yesterday, proposed a rule that, if adopted, will exempt from the NLRB’s jurisdiction undergraduate and graduate students who perform services in connection with their college and graduate school studies.

The Plain Meaning Language of an Intercreditor Agreement Determines Whether it Governs Plan Distributions or Adequate Protection Payments

Headlines that Matter for Companies and Executives in Regulated Industries

On September 19, Rothy’s, the innovative and fast-growing women’s shoe brand, announced the resolution of an intellectual property infringement lawsuit instituted against OESH Shoes in August 2018.

Arent Fox Associate Emily Leongini was quoted in the Marijuana Business Daily article, “FDA discloses criminal probe into vaping health crisis, putting added scrutiny on cannabis industry,” published on September 19, 2019.

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.

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.”

Law360

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.

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

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.

In resolving a growing split among California courts, the California Supreme Court in ZB, N.A. v. Superior Court faced the issue of whether actions for unpaid wages under Labor Code section 558 brought under the Private Attorneys General Act (“PAGA”) could be compelled to arbitration.

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.

Firmwide Managing Partner Cristina Carvalho recently spoke with Law360 about the firm’s goals and growth strategy, AF’s recent expansion into Boston, and ways to improve diversity in the legal profession.

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.

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.

Arent Fox Associate Emily Leongini was quoted in the Hemp Industry Daily article, “Four takeaways from the latest round of federal CBD warning letters,” published on September 12, 2019.

Arent Fox LLP is pleased to announce its 2019 AF Fellows class, an initiative designed to help attorneys foster effective leadership skills and forge lasting relationships across the firm.