All Perspectives

Headlines that Matter for Companies and Executives in Regulated Industries

ArentFox Schiff proudly announces its 2025 class of AFS Fellows, featuring exceptional attorneys from across our industry teams, practice groups, and offices, who will begin a three-year professional development program.

Partner Hillary Stemple was quoted in Healthcare Risk Management on a Texas district judge’s decision vacating a 2024 rule that provided added protections under the Health Insurance Portability and Accountability Act (HIPAA) for reproductive health care information.

Counsel Gayland Hethcoat was quoted on the US Department of Health and Human Services Office for Civil Rights’ (OCR) Risk Analysis Initiative and its heightened enforcement of the Health Insurance Portability and Accountability Act (HIPAA) Security Rule risk analysis requirement to prevent data breaches.

Lucas A. Rock was quoted on how the ending of the de minimis tax exemption is impacting international retailers importing goods into the United States and their intended consumers.

A recent decision by the Massachusetts Superior Court in Ford v. Vacationeer, LLC, et al. confirmed that commissions are not due or payable as wages until they are definitely and arithmetically determinable, and commissions are not determinable until all contingencies in the commission pay plan have been satisfied.

Columbia Sportswear and Columbia University both use the word mark “COLUMBIA” on apparel. To prevent confusion and avoid a trademark fight, the parties entered into a co-existence agreement in 2023 to let the University keep selling school merchandise but only if it paired “COLUMBIA” with clear references to the school (for example, “University,” the school shield, or “1754”).

Health Care Practice Leader Douglas Grimm was quoted on the growing interest among employers in direct primary care models and the financial predictability these models offer compared to traditional insurance.

On August 11, the California Supreme Court issued a significant decision in Hohenshelt v. Superior Court addressing the interplay between the Federal Arbitration Act (FAA) and California’s statutory requirements for timely payment of arbitration fees in employment and consumer disputes.

Certain businesses implement dynamic pricing based on individual preferences or previously collected consumer data. This practice may soon be prohibited in New York if those websites fail to state, “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA.”

On August 5, the US Department of Health and Human Services (HHS) announced a significant change in its vaccine development strategy, ending its support for mRNA vaccine projects under the Biomedical Advanced Research and Development Authority (BARDA).

Protecting trade secrets in the beverage and food industry requires planning and forethought from the outset of product development. Attempting after the fact to plug the holes in the company’s safeguards can be the path to a very expensive failure. A recent case from Wisconsin provides a vivid example of what can go wrong.

Headlines that Matter for Companies and Executives in Regulated Industries

A North Carolina federal court’s recent order granting remand in the case Nash Hospitals, Inc. v. UnitedHealthcare of North Carolina, Inc., et al., No. 5:25-CV-28-FL underscores the limits of federal question jurisdiction in disputes arising from health care provider-payer agreements, particularly where the claims are grounded in state law and do not necessarily require resolution of a substantial federal issue.

Chairman Anthony Lupo and Fashion Group Co-Leader Michelle Mancino Marsh discussed the complexities and intellectual property (IP) concerns arising from the expansion of artificial intelligence (AI) in the fashion and retail industry. “AI will be a sea change not just for the fashion industry but for society as a whole,” Tony said.

ArentFox Schiff is pleased to announce that 132 attorneys have been recognized by The Best Lawyers in America 2026, with two attorneys highlighted as “Lawyers of the Year” and 66 attorneys listed as “Ones to Watch.”

Following weeks of anticipation, the US Department of Commerce has issued its formal determination expanding the list of steel and aluminum products subject to the 50% ad valorem duties imposed under Section 232.

The US Department of Justice (DOJ) declined to prosecute Liberty Mutual after the insurer voluntarily self-disclosed misconduct.

ArentFox Schiff has been listed in BTI Consulting Group’s Client Service “Trailblazer,” which recognizes only 55 law firms deemed the best at turning chaos into client solutions.

On July 22, President Trump announced that the United States and Japan had reached a bilateral trade agreement, which if fully implemented, would reduce tariffs on Japanese imports to a baseline 15% rate in exchange for a Japanese commitment to invest $550 billion in the United States.

Fredrick Weber will co-present with Andrew Fussner of the American Heart Association in a webinar for the National Association of Charitable Gift Planners on August 19th.

Welcome to the August 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

On August 7, the US Department of Health and Human Services Office of Inspector General (OIG) issued Advisory Opinion No. 25-09, providing significant guidance for physician-owned medical device companies (PODs).

On August 7, the White House issued an Executive Order (EO) aimed at broadening Americans’ access to alternative asset investments within employer-sponsored defined-contribution retirement plans, such as 401(k) plans.

Last month, the US Food and Drug Administration (FDA) and US Department of Agriculture (USDA) announced that they are requesting data and information to help develop a uniform definition of ultra-processed foods (UPFs) for human food products. On the heels of this announcement, a former FDA commissioner has filed a petition asking the FDA to ban popular ingredients in UPFs entirely.