Alerts

There are currently six states with active Prescription Drug Affordability Boards (PDABs) — Colorado, Maryland, Washington, Oregon, New Hampshire, and Minnesota.

Headlines that Matter for Companies and Executives in Regulated Industries

In recent years, environmental nongovernmental organizations (NGOs) and local governments have increasingly sued gas, oil, and energy companies, challenging their historic messaging on climate change, plastic recycling, and fossil fuels effects.

On April 16, the Massachusetts Supreme Judicial Court (SJC), in Trustees of Boston University vs. Clough, Harbour & Associates LLP, held that contractual indemnification claims, arising from negligence, were not precluded by the Commonwealth’s statute of repose (M.G.L. c. 260, § 2B), which eliminates a cause of action in tort six years after the opening of an improvement to real estate.

The US Patent and Trademark Office (USPTO) recently issued two memoranda reshaping the Patent Trial and Appeal Board’s (PTAB) approach to discretionary denials for parallel proceedings.

Well-drafted and enforceable terms of use are an essential risk management tool for any business, particularly e-commerce sellers and online service providers. Despite their importance, however, terms of use are often overlooked or given insufficient attention during digital asset development and management.

A California Court of Appeal recently held that an employee bringing a claim under the Private Attorneys General Act (PAGA) must be able to allege that he personally suffered a Labor Code violation within the applicable one-year statute of limitations period.

The California Court of Appeal recently issued a significant decision affirming that employers and employees may mutually agree, in writing, to prospectively waive the employee’s meal period for shifts between five and six hours.

On March 25, Delaware governor, Matt Meyer, signed into law Substitute 1 to Senate Bill 21 (SB 21), following its rapid approval by the Delaware state legislature. This legislative measure aims to counter the current trend of companies relocating their headquarters out of Delaware, following a January 2024 Delaware Chancery Court ruling that overturned a $56 billion compensation package for a high-profile tech CEO.

On January 8, the US Department of Justice (DOJ) issued a final rule under Executive Order 14117, which established the Rule Preventing Access to US Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons (the Rule).

The sports industry continued to evolve in 2024, presenting new challenges and opportunities for venues, teams, athletes, corporate sponsors, and fans.

A litigation before a court in one jurisdiction may require taking third-party discovery from third parties located in different jurisdictions. Litigants seeking third-party discovery from parties in other states may quickly discover that the process can be more complex than expected.

On April 22, the Trump Administration issued an Executive Order (EO) directing the US Department of Justice (DOJ) to begin to unwind “disparate impact” regulations that were established under federal civil rights laws. In the environmental context, the EO likely represents the functional end of some Biden Administration environmental justice (EJ) efforts.

On April 17, the US District Court for the Eastern District of Virginia found that Google violated antitrust law by maintaining a monopoly in the advertising technology market and unlawfully tying its products together.

On April 23, President Trump signed an executive order (EO) establishing an Artificial Intelligence (AI) Education Task Force to advance AI training for K-12 students, faculty, and staff in the nation’s public-school districts in an effort to provide early exposure to AI concepts and technology and develop “an AI ready workforce and the next generation of AI innovators.”

The ArentFox Schiff Life Sciences team takes a look at what changes may impact life sciences companies in 2025.

Headlines that Matter for Companies and Executives in Regulated Industries

Tennessee lawmakers are setting a new precedent in chemical regulation, including per- and polyfluoroalkyl substances (PFAS), by signing into law an industry-backed bill that requires the use of the “best science available” when developing rules governing PFAS and other chemicals.

On April 7, the Deputy Attorney General (DAG) Todd Blanche issued a memorandum entitled “Ending Regulation By Prosecution,” detailing a significant shift in the US Department of Justice’s (DOJ) approach to digital assets.

During the transition of the London InterBank Offered Rate (LIBOR) to the approved substitute benchmark in the United States, the Secured Overnight Financing Rate (SOFR), a basic question was raised as to whether the new benchmark and transition implementation were fair and reasonable to both the borrower, on the one hand, and the lender in loans, investors in bonds, and bank counterparties in swaps, on the other.

Anthem Inc. has agreed to settle a class action lawsuit brought by participants in employee health plans administered by the insurer.

According to an anonymous US Environmental Protection Agency (EPA) employee, the agency is considering whether to propose a rule that would require the agency to reevaluate the health and environmental risks of certain chemicals, including per- and polyfluoroalkyl substances (PFAS).

As 4/20 approaches, the cannabis industry is aflame with trends and opportunities that extend beyond traditional boundaries. Recent insights reveal a dynamic shift in consumer behavior and consumption methods, offering an opportunity for companies across sectors to capitalize on the ever-evolving cannabis culture.

On April 1, the US Secretary of Commerce initiated a section 232 “national security” investigation, “to determine the effects on national security of imports of semiconductors, semiconductor manufacturing equipment (SME), and their derivative products. This includes, among other things, semiconductor substrates and bare wafers, legacy chips, leading-edge chips, microelectronics, and SME components. Derivative products include downstream products that contain semiconductors, such as those that make up the electronics supply chain.”

Effective April 5, the United States imposed a 10% baseline tariff on imports from nearly all countries, excluding products from Canada and Mexico, and those products contained in the Harmonized Tariff Schedule of the United States Column 2 and the Annex II list attached to Executive Order 14257. In contrast, Chinese imports are subject an increased 125% reciprocal tariff rate, combined with 20% International Emergency Economic Powers Act duty rate in effect since March 4.