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The Federal Trade Commission (FTC) continues to pursue companies for failing to disclose material connections in endorsements.
On Tuesday September 1, 2015, California Governor Jerry Brown signed a bill that will enable products to be labeled and marketed with an unqualified “Made in USA” statement even if not entirely made in the United States – a major departure from California’s current more stringent standard.
Recently, the Food and Drug Administration’s (FDA) Office of Prescription Drug Promotion issued a Warning Letter to drug maker Duchesnay, Inc., after reality TV star Kim Kardashian endorsed the company’s morning sickness drug, Diclegis, on her Instagram account.
Last week, in a sharply divided opinion, the National Labor Relations Board (NLRB or Board) reconsidered the long-standing standard for a “joint-employer” finding under the National Labor Relations Act (NLRA or Act).
Earlier this summer, Los Angeles hosted the Special Olympics World Summer Games at venues throughout the city. The games featured more than 6,400 athletes from 177 countries who competed in 27 sports, including aquatics, gymnastics, track and field, basketball, football, tennis, and volleyball.
In a closely-watched fashion design case, the Sixth Circuit ruled last week that decorative designs on cheerleading uniforms are eligible for copyright protection.
David S. Greenberg co-authored an article published in Bloomberg BNA’s Medicare Report on the implications of the Centers for Medicare & Medicaid Services’ proposed revisions affecting long-term care facilities participating in Medicare and Medicaid programs.
Elliott M. Kroll, Julius A. Rousseau, III, Michael S. Cryan, James M. Westerlind, Michael P. McMahan
Purchasers and restructurers of California companies can rest a little easier after last Thursday’s landmark ruling by the California Supreme Court.
In the past five years, few topics have dominated litigation over employment agreements quite as significantly as class-action arbitration waivers.
A federal judge in the Southern District of Ohio recently issued a temporary restraining order in a dispute between the National Association for the Advancement of Colored People (NAACP) and former members of the now-inactive NAACP, Cincinnati Branch (“the Cincinnati Branch”).
On May 20, 2015 the Bureau of Industry and Security (BIS) within the Department of Commerce (Commerce) published a proposed rule that will affect exports of products dubbed “cybersecurity items.”
Jawbone and Fitbit, both billion-dollar leaders in the “wearable” technology category of fitness bands, are warming up for what may become a test of legal endurance.
Thirty-nine Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2016.
On August 7, 2015, the US District Court for the Southern District of New York issued a significant decision concerning FDA’s regulation of off-label promotion of approved drugs.
On August 5, 2015, the Department of Health and Human Services Office of Inspector General (OIG) issued Advisory Opinion No. 15-11.
Ever since football players at Northwestern University sought union certification in January 2014, their case has been closely watched by many in both the labor and sports arenas.
On July 22, 2015 the Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to reflect the May 29, 2015 removal of Cuba from the list of state sponsors of terrorism.
The US Court of Appeals for the Third Circuit recently ruled that a suspension with pay generally does not constitute an “adverse employment action” under the substantive discrimination provision of Title VII. Jones v. Southeastern Pennsylvania Transportation Authority.
On August 3, 2015, the New York Attorney General announced settlements with five retailers who violated state law that prohibits the sales of realistic-looking toy guns. As part of the agreement, the retailers will halt sales of the violative products and pay more than $300,000 in penalties.
Nike Inc. (Nike) recently agreed to pay more than $2.4 million to settle a class action lawsuit related to the Nike FuelBand activity tracker.
On Monday, a federal district court judge in New York issued a ruling that, if adopted broadly, will have a significant – and potentially nightmarish – impact on any provider who receives an overpayment from Medicare or Medicaid. Kane v. Healthfirst, Inc. and U.S. v. Continuum Health Partners Inc.
On July 28, 2015, Mead Johnson Nutrition Company, an Illinois-based pediatric food producer, settled FCPA charges brought by the SEC for over $12 million.
When the Occupational Safety and Health Administration issues a “Citation and Notification of Penalty,” employers should always begin evaluating the potential financial impact the OSHA citation could have on the company.
On July 30th, the Department of Justice petitioned the US Supreme Court to reverse United States v. Newman, 773 F.3d 438, 438 (2d Cir. 2014), a high-profile insider-trading decision by the Second Circuit that curtailed tipper-tippee liability.
Major US credit card associations including Visa, MasterCard, American Express, and Discover have set October 1, 2015, as the deadline for merchants to implement the Europay, MasterCard, and Visa (EMV) standards.