Republican lawmakers are continuing their antitrust push against environmental, social, and governance (ESG) investor initiatives by investigating a prominent climate coalition that is focused on getting companies to curb emissions.

Experienced finance attorneys are aware that a loan guaranty given by a sister company of the borrower (a “cross-stream guaranty”) or by a subsidiary of the borrower (an “upstream guaranty”), in which the guarantor has no ownership interest in the borrower, differs from a traditional guaranty given by a borrower’s owner or parent company (a “downstream guaranty”) since the cross-stream or upstream guaranty raises the question that such a guaranty may be unenforceable as a constructive fraudulent conveyance under title 11 of the United States Code (the “Bankruptcy Code”) and under state creditor’s rights laws.

On October 7, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a memorandum reinforcing her stance that most post-employment noncompete agreements violate Section 7 of the National Labor Relations Act (NLRA).

Business divorces are often messy. The reasons for business divorces vary – personality-driven disputes, disagreements over business direction, or timing and distribution of earnings.

The US Department of Justice (DOJ) recently issued a Statement of Interest that underscores the need for careful evaluation of every survey and other information exchange managed by trade associations for the unique risks to impact competition.

AFS Cannabis Practice Image

On September 30, Governor Gavin Newsom signed into law the California Assembly Bill 1775 (AB 1775). The bill amends Section 26200 of the Business and Professions Code and significantly expands the permissible activities for licensed cannabis retailers and microbusinesses.

On September 30, Edgewell Personal Care Brands LLC was hit with a lawsuit in California superior court concerning its Carefree brand of menstrual liners.

In a rare positive decision for employers in Massachusetts, one of the Commonwealth’s district appellate courts held that a retention bonus is not a wage under the Massachusetts “Wage Act” (G.L. c. 149, § 148).

Many e-commerce retailers are closely monitoring increasing bipartisan criticism of the Section 321 de minimis program.

Last week, the Eleventh Circuit held that a conspiracy need not be unlawful to introduce co-conspirator statements under Federal Rule of Evidence 801(d)(2)(E), reversing the district court’s exclusion of certain statements.

On September 29, California Governor Gavin Newsom vetoed SB 1047, one of the most ambitious efforts yet to establish a comprehensive artificial intelligence (AI) regulatory framework in the United States.

In the realm of estate planning, many people are familiar with the traditional will as a means of distributing assets after death.

On September 28, California Governor Gavin Newsom vetoed Assembly Bill (AB) 3129. The proposed law sought to regulate health care transactions involving private equity and hedge funds.

Back in the 1970s, US Congress passed laws that allow private parties to bring citizen suits to enforce federal environmental laws.

In December 2023, US Congress passed a landmark anti-bribery law: the Foreign Extortion Prevention Act (FEPA). FEPA was designed to supplement the Foreign Corrupt Practices Act (FCPA) and expand liability to foreign government officials who solicit or accept bribes from US companies.

In May, a top-ranked wide receiver from the two-time reigning state champion football program at DeSoto High School in Texas tweeted his disappointment that California, Georgia, Florida, and even Louisiana allow high school athletes to monetize their name, image, and likeness (NIL).

On September 11, the US Environmental Protection Agency (EPA) took final action approving a revision to California’s State Implementation Plan (SIP) to include the South Coast Air Quality Management District’s (SCAQMD) Warehouse Indirect Source Rule (ISR).

Are you sure that “Made in the USA” food product you just bought is truly American-made? This question is becoming increasingly pertinent in today’s global marketplace.

The per- and polyfluorinated substances (PFAS) landscape is rapidly developing as manufacturers and sellers of consumer products face increased litigation.

ArentFox Schiff Automotive Group Partner Sara Judge was quoted in a recent Automotive News article regarding a case involving Nissan North America’s sales performance metrics.