On March 7, 2022, the US Food and Drug Administration (FDA), operating under its New Animal Drug Authority, took a new, important regulatory step forward in assessing genome editing in animals. Specifically, the Agency announced a “low risk” determination and exercise of enforcement discretion.

On March 11, 2022, the President issued Executive Order 14068 (EO 14068) Prohibiting Certain Imports, Exports, and New Investment with Respect to Continued Russian Federation Aggression.

Smartmatic’s defamation lawsuit against Fox News for its coverage of Donald Trump’s “Big Lie” may proceed to discovery after a New York judge denied Fox News’s motion to dismiss, citing the “litany of outrageous claims” about Smartmatic that Fox News propagated.

Headlines that Matter for Companies and Executives in Regulated Industries.

Federal Agencies Ordered to Consider a National Digital Currency, Financial and Criminal Regulations. 

Headlines that Matter for Privacy and Data Security.

New legislation often starts a cat-and-mouse game between the executive branch and regulated entities related to how statutory language is implemented. While we often write about environmental statutes, the procedural mechanisms governing how statutes may be implemented are generally similar.

The Review Board of the US Copyright Office recently ruled, in its first decision of the year, that a two-dimensional artwork entitled “A Recent Entrance to Paradise” could not be registered for copyright protection because it was authored by artificial intelligence without creative input.

Headlines that Matter for Companies and Executives in Regulated Industries

In a coordinated effort, on March 2, 2022, the White House announced another round of broad trade controls and sanctions against Russia and now Belarus in response to Russia’s military invasion of Ukraine.

ArentFox Schiff sanctions advisors Kay Georgi and Matthew Tuchband talk with WorldSmart co-hosts Hunter Carter and Malcolm McNeil about greatly expanded export controls, blocking sanctions, and banking sanctions in response to the Russian invasion of Ukraine.

As the COVID-19 pandemic continues, hospitals and other health care providers are facing a separate challenge: “Ivermania”—the wave of lawsuits filed against hospitals by guardians of COVID-19 patients seeking court orders compelling the administration of Ivermectin.

On February 23, 2022, in what is being heralded as a significant victory for health care providers, a federal court in Texas vacated portions of the Biden Administration’s rules governing the arbitration procedures to resolve surprise billing disputes under the federal No Surprises Act (the Act).

On February 25 and 28, 2022, the US Treasury Department, Office of Foreign Assets Control (OFAC) issued its fifth and sixth actions against Russia.

On March 3, starting at 10:00 am EST, the FCC’s Connect2Health Task Force (Task Force) will host a virtual event titled: “The FCC Digital Health Symposium: Advancing Broadband Connectivity as a Social Determinant of Health.”

Our National Security team has an overview of the new US export controls on Russia and the new US sanctions on Russia and Belarus.

Batteries play a fundamental role in energy storage, and currently nearly 99 million lead acid batteries are manufactured each year.

The “major questions” doctrine is likely to substantially affect environmental law.

Headlines that Matter for Companies and Executives in Regulated Industries

The advent of distributed ledger technology has ushered in a new digital era – a decentralized internet, neither owned nor controlled by a central authority. Blockchain enthusiasts hail this lack of centralization as representing a new chapter of freedom and individual empowerment.

In December 2021, Canada announced plans to impose a digital services tax, or DST. A few days later, the Office of the US Trade Representative (USTR) expressed opposition indicating that if Ottawa were to pursue this plan, “all options” would be considered. 

The FCC is requesting public comment on proposed reforms to the Rural Health Care Program to “promote program efficiency and ensure that rural healthcare providers receive appropriate levels of funding.”

Inter-Agency Spectrum Coordination Initiative will assist frequency requests of defense contractors in support of military priorities 

Back in 2017, the state of Nevada passed a sweeping bill into law that addressed not only drug pricing transparency, but also reporting obligations applicable to pharmacy benefit managers and non-profit organizations and also imposed certain requirements on manufacturer sales forces.

Responding to the Russian announcement recognizing the independence of the so-called Donetsk People’s Republic (DNR) and Luhansk People’s Republic (LNR) regions of Ukraine, President Biden signed Executive Order 14065 (the EO) on February 21, 2022, which went into effect immediately.