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Over two decades ago, in Brown v. Brody, 199 F.3d 446, 457 (DC Cir. 1999), the DC Circuit held that an employer that discriminatorily denies or forces an employee to accept a job transfer violates Title VII only if the employee suffers “objectively tangible harm,” like reduced pay or benefits. 

On June 7, 2022, the Fourth Circuit Court of Appeals unanimously held that the exceptions to discharge found in section 523(a) of the Bankruptcy Code, which ordinarily exclusively apply to individual debtors, also apply to small business corporate debtors in chapter 11 bankruptcy under subchapter V.

LOS ANGELES — Craig Gelfound, head of ArentFox Schiff LLP’s Intellectual Property practice on the west coast, has once again been recognized as a leader in his field by Legal 500 and Chambers USA, and IP Stars.

The President signed legislation raising the eligible debt ceiling for Subchapter V of Chapter 11 to $7,500,000. Small businesses with up to $7,500,000 in noncontingent, liquidated debts are eligible for relief under Subchapter V for another two years.

On June 14, 2022, the US Securities and Exchange Commission (SEC) released an order charging private equity adviser Energy Capital Partners Management, LP (ECP) with Investment Advisers Act violations in connection with a 2018 take-private transaction.

The US Department of Health and Human Services’ (HHS) declaration that COVID-19 remains a public health emergency (PHE) will continue through July 15, 2022, and is expected to be renewed again through October 13, 2022.

On March 30, 2022, the US Securities and Exchange Commission, in a three-to-one vote of its commissioners divided along political lines, approved the issuance of proposed rules regarding special purpose acquisition companies.

On June 16, 2022, New York Governor Hochul signed New York City Housing Authority (NYCHA) Public Housing Preservation Trust Act A7805D/S9409A into law (Trust Act). The Trust Act creates the New York City Housing Authority Public Housing Preservation Trust (Trust).

Parties can ask district courts to compel persons within the courts’ respective districts to provide evidence in aid of proceedings before “a foreign or international tribunal.” A longstanding question has been whether §1782 extends to private international commercial arbitration.

June 27, 2022

Join us on Monday, June 27 at 12:00 PM ET where we will be joined by moderators Darrell Gay and Jay Jamrog and joined by Andrea Hagelgans, Todd Jacobson, Kurt Fischer, and David Grosso.

“Metaverse” is no longer a mere buzzword. Many industries are discovering and developing applications for the Metaverse, and the pharma and biotech industry is no different.

US Customs and Border Protection (CBP) UFLPA Operational Guidance for Importers (CBP Guidance) was published on June 13, 2022 to assist importers in preparing for the UFLPA rebuttable presumption that goes into effect on June 21, 2022.

Headlines that Matter for Companies and Executives in Regulated Industries

Under the so-called “American Rule,” a party that prevails in litigation typically is not entitled to recover the costs, expenses and legal fees it has to expend to secure a judgment in its favor.

Yesterday, US Environmental Protection Agency (EPA) announced far more stringent drinking water health advisories for per- and polyfluoroalkyl substances (PFAS).

On June 15, Lina Khan was sworn in as Chairwoman of the Federal Trade Commission. In an interview with The Wall Street Journal last week, Khan announced that the agency plans to use enforcement actions to curtail the use of covenants not to compete.

On May 25, the US Securities and Exchange Commission (SEC) proposed amendments to enhance and modernize Section 35(d) of the Investment Company Act, known as the “Names Rule,” to provide protection to investors.

The Food and Drug practice at ArentFox Schiff has received numerous inquiries from clients about long COVID, so we decided to ask our in-house scientist, Robert Edwards, Ph.D., Director of Regulatory Science, to prepare an Alert addressing many of the inquiries we have received.

Prop 65 Counsel: What To Know

The 2022 edition of Legal 500 US has rated 77 ArentFox Schiff attorneys as national leaders in their field. In addition, 19 of the firm’s practice areas were ranked among the best in the country.

June 14, 2022

Matt Prewitt will speak at the ALM General Counsel Conference Midwest on June 14, 2022.

June 14, 2022

Jane Montgomery will lead discussion on carbon capture and sequestration on June 14, 2022.

The metaverse is widely regarded as the next frontier in digital commerce, with businesses across all industries spending millions of dollars to acquire a digital presence for positioning as market leaders.

June 27, 2022

Join our discussion regarding how this law will impact your company and how to prevent detention of your imports.