Constituents, regulators, and observers of corporate governance are increasingly focused on the “effectiveness” of board performance: the extent to which its existing governance practices and orientation are consistent with (or exceed) industry standards and recognized principles.

The Department of Energy (DOE) has adopted two new rules for commonly-used light bulbs which are intended to phase out most incandescent bulbs in favor of LED lightbulbs, which use less energy and last significantly longer.

The New York City Council approved a bill requiring employers with four or more employees to include, in internal and external job postings, the minimum and maximum salary offered for any position within New York City. The requirement also applies to promotions and internal transfer positions.

The metaverse is widely regarded as the next frontier in digital commerce, with businesses across industries spending millions of dollars buying digital real estate and investing in platforms to be market leaders. Alcohol beverage brands are also leading the charge in forays into the metaverse.

On April 14, a jury in the Eastern District of Texas handed the U.S. Department of Justice its first loss in prosecuting an alleged wage-fixing crime and the first verdict ever in a criminal prosecution of wage-fixing under Section 1 of the Sherman Act.

Amidst the ongoing labor market shortages and disruptions from the COVID-19 pandemic, the well-being of physicians and other front-line healthcare providers has become a topic of much attention.

Those with ownership stakes in privately held businesses, partnerships, or family offices need to closely collaborate with and trust others. When disagreements and disputes over rights and responsibilities arise, individual emotions and personalities can complicate matters.

On April 14, 2022, the Supreme Judicial Court (SJC), the highest court in the Commonwealth of Massachusetts, ruled that the federal Fair Labor Standards Act (FLSA) preempts state remedies under the Massachusetts Wage Act where the employees’ overtime claim arose solely under the FLSA.

On April 21, 2022, the Supreme Judicial Court determined that various losses incurred by businesses from the COVID pandemic were not a “direct that various losses incurred by businesses that stemmed from the COVID-19 pandemic were not a “direct physical loss of or damage to” their properties.

Some commentators have misinterpreted the Bichai decision to mean that a medical staff and its affiliated hospital are entirely independent of each other. In reality, the two entities are practically and legally interdependent. 

The tremendous popularity of social networks and advances in virtual reality (VR) and distributed ledger technology are helping to usher in a new technological frontier: an emerging computer-generated universe often called Metaverse.

The Center for Disease Control’s (CDC) “Mask Mandate” was recently vacated by a Florida district court on the grounds that it exceeded CDC’s statutory authority and violated the procedures for executive branch rulemaking set forth under the federal Administrative Procedure Act (APA).

In the six months since Facebook, Inc. rebranded to Meta Platforms, Inc., the idea of the “metaverse” has catapulted from a little-known science fiction fantasy to the forefront of popular culture.

Street view of Times Square

Many brands have taken steps to proactively protect their intellectual property rights for use in connection with metaverse-related goods and services. This may include filing new trademark registrations or purchasing blockchain domains. But enforcing those rights poses a significant challenge.

Under California law, employers generally must provide employees working more than five hours in a day with a meal period. These meal periods must be at least 30 minutes, duty-free, and uninterrupted. California courts and the Labor Commissioner have recognized that employers liable for premium pay.

Headlines that Matter for Companies and Executives in Regulated Industries.

Non-Fungible Trademark Infringement or Nominative Fair Use Token? Nike -v- StockX Duel Is on Pace To Shape the Future of the Metaverse

Following in the footsteps of Californians, Coloradoans, Arizonans, and Bay Staters, denizens of the Metaverse can now step inside a dispensary and purchase cannabis products. Two brands have staked claims to their own Metaverse storefronts, where they will sell products to real-life addresses.

In this inaugural episode of ArentFox Schiff’s Consumer Product Industry Group’s podcast series, the Group’s co-leaders Michelle Mancino Marsh and Lynn Fiorentino discuss the potential implications of California’s latest proposed changes to the Proposition 65 short-form warnings currently used on al

Environmental justice has been at the forefront of the Biden Administration’s priorities for the US Environmental Protection Agency (EPA).

Last week, Maryland’s General Assembly overroad Governor Larry Hogan’s veto to enact the Time to Care Act of 2022 (TCA). With that, Maryland joined the growing list of jurisdictions — including California, Colorado, Connecticut, Oregon, Massachusetts, New Jersey, New York, Rhode Island.

To the extent a party believes it is disadvantaged by the Federal Law, the only alternatives are: (i) passage of ameliorating Federal legislation or (ii) modification of industry-standard contracts to address the adverse impacts of the Federal Law.

- CMS estimates its proposal will result in a decrease of $320 million in Medicare Part A payments to skilled nursing facilities.
- CMS is seeking stakeholder input on the effects of direct-care staffing requirements for long-term care facilities.