There is significant potential that the Congressional Review Act (CRA) will play a prominent role in the early weeks of the Trump Administration. Below, we will break down what the CRA is, when it applies, and how it may be deployed by the incoming US Congress to further Trump Administration regulatory priorities.
After three years of various proposals, on December 6, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition 65, finally announced new amendments to “short-form” warning requirements. These amendments have been long anticipated, as OEHHA’s several prior proposals to modify the short-form warnings were unsuccessful.
As the Biden Administration comes to a close, the US Environmental Protection Agency (EPA) has banned two commonly used chemicals under the 2016 Lautenberg Amendments to the Toxic Substances Control Act (TSCA).
OpenAI finds itself embroiled in another major copyright infringement lawsuit — this time in Canada. Similar to cases filed by major news organizations in the United States, a group of Canada’s biggest news and media companies has filed a lawsuit alleging that OpenAI is illegally using the publishers’ copyrighted material to train its GPT large language models (LLMs). Plaintiffs in the case include the Canadian Broadcasting Corporation and parent companies representing the Toronto Star, the Globe & Mail, and dozens of national, provincial, and local newspapers.
Welcome to the Fall 2024 issue of “FCA Enforcement & Compliance Digest,” our quarterly newsletter in which we compile essential updates on False Claims Act (FCA) enforcement trends, litigation, agency guidance, and compliance tips. 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.
In a December 2, 2024, press release, the Federal Trade Commission (FTC) announced the filing of a court order requiring online marketplace GOAT to pay more than $2 million for violating FTC rules and the company’s own policies related to shipping and refunds.
This article provides an analysis of recent updates to federal corporate compliance guidance on artificial intelligence and other new technologies.
Earlier this year, the Federal Communications Commission (FCC) adopted changes to its Telephone Consumer Protection Act (TCPA) regulation to include more specific requirements concerning the ability of consumers to opt out of robocalls and robotexts.
Headlines that Matter for Companies and Executives in Regulated Industries
When was the last time your association board and chief executive asked each other, “How should we work together?”
The European Union (EU) has approved updates to its design protection legislation to modernize the framework and support innovation across member states.
Most fashion, beauty, and retail companies depend heavily on global supply chains to produce products sold in the United States, but with significant tariff increases looming and an unpredictable trade landscape, companies need to reassess sourcing and manufacturing strategies. Countries that were traditional sources of lower cost and high-quality products could be the target of tariffs under President-elect Trump’s proposed tariff policies. We explore scenarios for these tariffs, the impacts on the fashion, beauty, and retail industries, and what companies can do to mitigate the impacts of the potential tariffs.
Through the years, the US Tax Court has provided significant clarification on the gift tax consequences of terminating qualified terminable interest property (QTIP) trusts. Two new cases in 2024, Estate of Sally J. Anenberg v. Commissioner and McDougall v. Commissioner, have helped to confirm our understanding of these often complex transactions.
On November 4, 2024, New York City Mayor Eric Adams signed into law the Safe Hotels Act, establishing a licensing requirement for hotels that operate in New York City. The Act requires most new and existing hotels to implement consumer safety and cleanliness protocols, maintain continuous front desk coverage, directly employ certain “core” employees, and train its employees to identify and combat human sex trafficking.
On December 3, the US District Court for the Eastern District of Texas issued a nationwide preliminary injunction barring the enforcement by the US government of the Corporate Transparency Act (CTA).
The Biden Administration has put environmental justice (EJ) issues at the forefront of its policy agenda for nearly four years. More comprehensive guidance on how policymakers should evaluate “cumulative impacts” has been a long-promised part of these EJ efforts.
In this inaugural episode, hosts Jon S. Bouker and Dan H. Renberg build on ArentFox Schiff’s Election Analysis to explore the implications of the 2024 Presidential election results.
As we reported last month, a California federal court recently dismissed a per- and polyfluoroalkyl substances (PFAS) class action complaint on the basis that the plaintiffs’ total organic fluorine (TOF) analysis testing method was insufficient to support their allegations that the defendants’ products contained PFAS. Prior to this, courts had dismissed similar lawsuits based on lack of standing, holding that the plaintiffs failed to allege that the specific products they purchased were found to contain PFAS.
On November 16, New York’s Clean Slate Act took effect. The purpose of the Act is to aid in curbing discrimination in the workplace against individuals with certain New York State criminal convictions. As discussed below, the Act will limit the types of criminal convictions that employers can access and dictates how they must handle the information that they are made aware of when considering it in connection with employment actions, such as hiring or continued employment.
In a departure from past jurisprudence, a recent DC Circuit decision questioned whether the White House Council on Environmental Quality (CEQ) had the legal authority to issue key regulations under the National Environmental Policy Act (NEPA). The decision, which evaluated federal planning related to tourist flights over national parks, interpreted CEQ’s NEPA regulations, which prescribe how federal agencies must comply with NEPA and have set the standards for federal agencies’ consideration of the environmental impacts of major federal actions for decades. The decision could impact how many agencies conduct and interpret environmental assessments in areas including biotechnology and agriculture.
The US Patent and Trademark Office (USPTO) has finalized its fee schedule for 2025. The updated fee schedule will take effect on January 19, 2025, and will represent a 7.5% across-the-board increase in USPTO fees.
Prop 65 Counsel: What To Know
Headlines that Matter for Companies and Executives in Regulated Industries
In Rodriguez v. Lawrence Equipment, Inc., Case No. B325261 (Nov. 8, 2024), the California Court of Appeal held that an employee who loses their Labor Code claims in an individual arbitration no longer has standing to pursue a claim on behalf of others in court under the Private Attorneys General Act (PAGA).
Employers wanting to create a more equitable and legally compliant workplace while also reducing their risk of litigation may want to pay particular attention to the California Court of Appeal’s recent decision in Wawrzenski.