All Perspectives

Most people expect that by signing a contract they are going to be bound by it absent special circumstances. But do situations where the signatory is unsophisticated and/or doesn’t even speak the language in which the contract is written qualify as such special circumstances?

On October 5, an ArentFox Schiff team that included Elise Yu and Rob Boley, with assistance from Mariam Chamilova, obtained an order granting asylum to our pro bono clients, a young mother from El Salvador and her daughter.

For better or worse, generative artificial intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making it the fastest-growing consumer application in history.

ArentFox Schiff is pleased to announce that Firmwide Co-Managing Partner Cristina Carvalho has been named to Washingtonian’s 2023 list of the “Most Powerful Women in Washington.”

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.

Partner Adam Diederich was quoted by Regulatory Compliance Watch discussing the challenges and potential risks associated with the attorney-client privilege and the fiduciary exception to the attorney-client privilege in the investment management industry.

Partner Jonathan Judge was quoted by Law.com discussing the recent recall of Future Motion Inc.’s Onewheel electric skateboard and the issues raised by the US Consumer Product Safety Commission (CPSC).

Headlines that Matter for Companies and Executives in Regulated Industries

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.

Partner Elizabeth Cohen was quoted by Managing IP discussing the US Patent and Trademark Office’s (USPTO) updated Trademark Electronic Search System (TESS) and its potential impact on the system’s pricing, search capabilities, and user experience.

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.

Mike Andresino to speak at the National Association of Stock Plan Professionals Annual Conference on September 28, 2023.

California Gov. Gavin Newsom has vetoed a bill to require human drivers on board self-driving trucks, a measure that union leaders and truck drivers said would save hundreds of thousands of jobs in the state.

Firmwide Co-Managing Partner Cristina Carvalho will speak at Corporate Counsel’s Women of Color’s 19th Annual Conference on the panel, “Having Their Say: Conversations Between Women of Color Managing Partners and General Counsel.”

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.”

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.

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

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.

Headlines that Matter for Companies and Executives in Regulated Industries

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.

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.