Insights on

On August 23, 2023, in its efforts to promote transparency for investors by increasing visibility into compensation schemes, sales practices, and conflicts of interest, the US Securities and Exchange Commission (SEC) adopted significant new and amended Rules under the Investment Advisers Act.

The US Food and Drug Administration (FDA) has just issued a draft guidance entitled “Best Practices for Selecting a Predicate Device to Support a Premarket Notification 510(k) Notification.”

On September 6, 2023, the Office of the US Trade Representative (USTR), the agency responsible for implementing the Section 301 tariffs on imports from China, announced the further extension of 352 exclusions and 77 COVID-19-related exclusions.

Headlines that Matter for Companies and Executives in Regulated Industries

Louisiana has been at the center of the Biden Administration’s prioritization of environmental justice (EJ) issues.

Sailesh Patel will present at the 6th World Legal Tech Summit on September 8, 2023.

In this installment of Five Questions, Five Answers, Birgit Matthiesen hosts David Hamill, the International Trade & Investment Practice Leader at ArentFox Schiff.

Last week, the National Labor Relations Board (NLRB) overruled a landmark case that gave unionized employers broad latitude to make discretionary changes to employment terms and conditions during a contractual hiatus or negotiations for a first contract.

The Federal Trade Commission’s (FTC) privacy and consumer protection enforcement program is in the midst of a transformative period under the leadership of Chair Lina Kahn.

On August 24, 2023, health care providers in Texas scored yet another victory when a federal court vacated additional portions of the Biden Administration’s rulemaking under the federal No Surprises Act (the Act).

Tom Abendroth will present at the American Bankers Association on September 7, 2023.

ArentFox Schiff represented Nicholas Alexander Imports on the sale of its Nick Alexander BMW and Nick Alexander MINI dealerships to Car Pros Automotive Group.

ArentFox Schiff advised Bob Baker Auto Group on the sale of its San Diego dealerships consisting of: Bob Baker Hyundai and Genesis; Bob Baker Chrysler, Dodge, Jeep, Ram, and Fiat; Bob Baker Mazda; Bob Baker Subaru; and Bob Baker Volkswagen.

ArentFox Schiff successfully advised Dalia Auto Group with the sale of a Kia dealership in Palmdale after litigating for more than a year in federal court and before California’s New Motor Vehicle Board against Kia to preserve the franchise.

In the latest installment of 15 Minutes on Congress, ArentFox Schiff Government Relations partner and podcast host Dan Renberg and former Senate Appropriations Committee Staff Member Andrew Newton explore the intricacies of the appropriations process in the US Senate and House.  

The US Food and Drug Administration (FDA) issued yesterday new guidance on its enforcement policy covering face masks and barrier face coverings.

Kay Georgi speaks on a panel at the Practising Law Institute’s 2023 conference, Coping with US Export Controls and Sanctions.

On August 7, 2023, the US Court of Appeals for the Third Circuit became the most recent federal appellate court to reject the argument that a wire fraud conviction requires the government to establish that the entity that was deceived was also ultimately defrauded.

The 2023 FIFA Women’s World Cup in Australia and New Zealand turned out to be one of the most exciting yet, despite the unexpectedly early exit by the US National Women’s Team (USWNT).

ArentFox Schiff is pleased to announce the 2023 AFS Fellows, which includes 10 talented attorneys representing a mix of industry teams, practice groups, and offices who will begin a three-year professional development program that fosters leadership skills and builds relationships across the firm.

Headlines that Matter for Companies and Executives in Regulated Industries

On August 30, 2023, the US Department of Labor announced a Notice of Proposed Rulemaking, which would increase the white-collar exemption salary threshold for employees to qualify as exempt under the Fair Labor Standards Act (FLSA).

The Inflation Reduction Act (IRA), which recently celebrated its one-year anniversary, presents new opportunities for tax-exempt and other organizations to directly benefit from renewable energy tax credits, including investment tax credits (ITCs) and production tax credits (PTCs).

On August 18, 2023, Travelers United, a traveler advocacy organization, filed a class-action lawsuit against Hyatt Hotels Corporation and its affiliates, accusing Hyatt of falsely advertising hotel room rates and cheating customers out of millions of dollars through hidden fees.

Last week, the US Court of Appeals for the Ninth Circuit, in its third opinion in the case, reversed a lower court’s decision allowing patients challenging United Behavioral Health’s (UBH) internal mental health coverage guidelines to seek reprocessing of their benefits claims.