On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023.

What buzzwords define the environmental space in the past two years? Both “ESG” and “environmental justice” (EJ) are strong contenders. This post outlines how these concepts relate and provides guidance as to how companies can stake out appropriate positions on EJ in ESG reporting.

A bipartisan group of lawmakers in Congress is set to introduce a bill that if enacted would direct CFIUS to consider the needs of the agriculture industry when reviewing foreign investment and ownership in domestic businesses.

Regulations matter. Federal executive action is supposed to be rooted in statutes, established through regulatory processes generally tied to the Administrative Procedure Act (APA).

On January 30, 2023, the International Centre for Settlement of Investment Disputes (ICSID) published its Caseload Statistics for the 2022 calendar year.

On February 2, 2023, Principal Deputy Assistant Attorney General Doha Mekki announced that the US Department of Justice (DOJ) Antitrust Division was revisiting and withdrawing several policy statements that provided a key safe harbor for certain types of information sharing.

Headlines that Matter for Companies and Executives in Regulated Industries

California’s new pay transparency law requiring disclosure of pay scales in job openings went into effect on January 1, 2023. The new law requires California employers to disclose the pay range for a job if an applicant asks for it after an initial interview.

The Centers for Medicare & Medicaid Services (CMS) and the US Department of Health and Human Services Office of Inspector General (OIG) continue to issue guidance regarding the implementation of the drug pricing provisions of the Inflation Reduction Act (IRA).

The Federal Trade Commission (FTC) recently announced revised jurisdictional and filing fee thresholds for the Hart-Scott-Rodino (HSR) Act.

This article was originally published by the American Health Law Association as one of the 10 biggest issues in health care law this year.

A New York City jury just returned a verdict in favor of Hermès in a historic dispute between the luxury fashion house and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to Hermès’ famous Birkin handbag.

Similar to the federal Fair Labor Standards Act (FLSA), California law requires an employer to pay overtime based on an employee’s “regular rate of pay.” That rate may not be just an employee’s hourly wage, or straight time, rate.

In a long-awaited development, on February 2, 2023, the Illinois Supreme Court held that all claims under the Illinois Biometric Information Privacy Act (BIPA) are subject to a five-year statute of limitations. 

The past few years have seen “ESG” — referring to environmental, social, and governance factors that influence decision making — move from being a fringe shareholder proxy issue to a front-of-mind C-suite issue. 

Headlines that Matter for Companies and Executives in Regulated Industries

The Inflation Reduction Act, which was signed into law on Aug. 16, 2022, created a new 1% excise tax on certain repurchases of the stock of publicly traded corporations.

With the US Copyright Office (USCO) continuing their stance that protection only extends to human authorship, what will this mean for artificial intelligence (AI)-generated works — and artists — in the future?

On January 18, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a Memorandum to all state survey agency directors addressing erroneous schizophrenia coding and increased transparency of Nursing Home Care Compare. 

Investors, lenders, developers, governments, non-profits, and other real estate market participants are increasingly considering environmental, social, and governance (ESG)-related factors, such as climate change, sustainable energy, and energy efficiency in making decisions.

It’s that time of year again when employers have to decide who they are sponsoring for an H-1B visa.

With the start of the new year, the ArentFox Schiff Media & Entertainment Industry team reviews 10 of the most pressing legal issues for companies in 2023.

Glass building reflects a cloudy blue sky

In July 2022, we wrote an alert describing the impact of rising interest rates on the real estate market. There were initial and embryonic signs of a slowdown. Now, we have collected data and surveyed clients and members of our Real Estate group to assess the impact of rising interest rates.

On January 23, 2023 the Federal Communications Commission’s (FCC) Consumer and Governmental Affairs Bureau released a Declaratory Ruling addressing a request for clarification submitted by US Department of Health and Human Services (HHS).