All Perspectives

An interesting case came out of the Federal Circuit in Amdocs (Israel) Limited v. Openet Telecom, Inc., No. 2015-1180, 2016 WL 6440387 (Fed. Cir. Nov. 1, 2016) in which the Court reversed the district court’s granting of Openet’s motion for judgment.

Health Care partner Linda Baumann was heavily quoted in several Bloomberg BNA publications on the outlook for health care fraud and abuse enforcement in 2017.

In Bloomberg BNA’s WTO Reporter article “Trump Committed to Promises on Trade Deals: Spokesman,” Trump transition team spokesman Sean Spicer confirmed that President-elect Trump remains committed to his campaign promises to withdraw from the Trans-Pacific Partnership (TPP).

On December 29, 2016, the US Court of Appeals for the Fifth Circuit unanimously vacated two citations levied against Delek Refining Ltd. by the US Department of Labor’s Occupational Safety and Health Administration.

Arent Fox LLP is pleased to announce the election of five new partners and two new counsel, effective January 1, 2017.

Just before Christmas, The Joint Commission (TJC) published an update clarifying its previous guidance regarding practitioners’ use of text messaging. TJC now says that practitioners may communicate with each other via secure text messaging systems.

On December 31, 2016, at 12:01am (i.e. not January 1, 2017), the New York State Department of Labor will implement regulations increasing the salary threshold exempting employees from overtime-pay requirements for most private employers.

Last week, a California appellate court held that consumers can proceed with a class action suit against Banana Republic for false advertising arising from posted signs that advertised a 40-percent off sale without disclosing that the discount only applied to certain items.

On December 9, 2016, the Senate Agriculture Committee filed report language for the National Bioengineered Food Disclosure Law, the legislation signed into law by President Obama in July to amend the Agricultural Marketing Act of 1946.

Arent Fox litigation partner James Hulme was a guest on C-SPAN on Monday, December 19 to talk about the recent calls to end the country’s reliance on the Electoral College when determining the outcome of US presidential elections and instead base results on the popular vote.

On December 20, 2016, the Council of the District of Columbia voted 9-4 to approve the Universal Paid Leave Amendment Act of 2016, a landmark piece of legislation that would create one of the most generous paid family and medical leave programs in the nation.

Litigation associate Kirsten Hart and FDA associate Emily Leongini co-wrote the article, “3 Issues Recreational Cannabis Entrepreneurs and Investors Will Face in California,” which was featured in the Los Angeles Business Journal.

In the Morning Consult article “Republican Tax Overhaul Likely to Touch on Individual Provisions,” Republican plans to overhaul tax policies are discussed at length.

In its year-end issue, LawinSport asks leadings sports lawyers in the US to share their insights on what was the biggest legal issue in US sports in 2016.

Retailers should beware this holiday season – and beyond – when advertising sales using a comparison between the “original” and “sale” prices as Macy’s, Sears, and JC Penney were just sued by the Los Angeles City Attorney for allegedly deceiving consumers by using a false original “reference price.”

The Morning Consult article “Controversial Import Tax in GOP Plan Needed as Revenue Raiser” discusses a controversial provision on imports that would be needed to offset popular corporate tax reductions that Republican lawmakers are facing in their comprehensive tax reform plans for next year.

In this episode of Fashion Counsel, Partner Anthony Lupo discusses California retail trends and the continued progression of shopping outlets with strategic retail consultant Steve Birkhold (previously CEO of Lacoste, Diesel, BEBE, and Earl Jeans).

Yesterday, the Equal Employment Opportunity Commission issued a “resource document” to provide information to applicants and employees who suffer from mental health conditions.

In the Politico article “Tillerson adds to Trump’s ethics headaches,” the ethics surrounding the nomination of Rex Tillerson, the CEO of ExxonMobile, to Secretary of State in the Trump Administration are discussed at length.

In the Bloomberg BNA article “House Expected to Move Tax Revamp First; Senate to Act Later,” President-elect Donald Trump’s tax policy is discussed at length.

On December 6, 2016, the Supreme Court determined in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby that violation of the statutorily mandated seal requirement, 31 U.S.C. § 3730(b)(2), in a qui tam False Claims Act case does not automatically require dismissal,

Former US Senator and Arent Fox Senior Policy Advisor Byron Dorgan was interviewed on Fox Business News about the prospect of a government shutdown as the Congress was attempting to negotiate final legislation before they adjourned for the year. 

On December 7, 2016, FDA published a Notice in the Federal Register announcing that its Center for Food Safety and Applied Nutrition will begin publishing data extracted from adverse event reports the Agency has received for conventional foods, dietary supplements, and cosmetics.

Arent Fox LLP received a perfect score in a national benchmarking survey that tracks how well companies treat their lesbian, gay, bisexual and transgender employees.