Alerts

Technology has changed all of our day-to-day lives. It also has impacted how lawyers practice. While having the internet at our fingertips is a convenience for most of us, it can cause headaches for judges and lawyers when jurors use the internet during trial to post or search online about the case.

The Massachusetts Superior Court’s recent decision in Burke v. The General Hospital Corp. et. al., provides critical insight into the limitations of the attorney-client privilege as it applies to investigation reports, and guidance on how to make sure such reports can be protected from discovery.

Earlier this week, Bloomberg Law reported that courts have stayed CFPB litigation while they wait for a Supreme Court ruling on the bureau’s structure and those stays could reduce the CFPB’s leverage in enforcement matters.

It is increasingly popular for overseas investors to purchase minority interests such as limited partnerships in U.S.-based companies or funds.

Last week, a California federal jury concluded that the maker of 5-Hour Energy Drink did not violate federal antitrust law by selling the energy shots to Costco for less than the price charged to its family-owned rivals.

On October 7, 2019, the California Chamber of Commerce filed suit against the State of California requesting that a federal district court enjoin the State and private enforcers from requiring Proposition 65 warnings on foods that contain acrylamide.

The Federal Trade Commission (FTC) recently filed a complaint against Match.com (Match) in the US District Court for the Northern District of Texas alleging that the dating website allowed fake accounts to lure consumers into purchasing subscriptions.

In a decision very favorable to California hospitals and medical staffs, the Court of Appeal rejected a physician’s argument that he was denied due process during his peer review hearing because of hearing officer alleged bias.

Arent Fox recently advised DSC Partners, a District of Columbia based investment group, in the acquisition and financing of 28 office and flex buildings for $149 million.

On October 11, 2019, the US International Trade Commission (ITC) began accepting petitions as part of the 2019 Miscellaneous Tariff Bill (MTB) process.

On October 23, the President asked the Department of the Treasury to lift previously imposed sanctions against Turkey following the cessation of Turkey’s offensive in Syria and the implementation of a lasting ceasefire.

BIS has restricted Cuba’s access to commercial aircraft and other goods, lowered de minimis for foreign items containing US content to 10%, and restricted the temporary sojourn by aircraft in Iran, Syria, Sudan, and North Korea, as well as Cuba. 

The Federal Trade Commission issued a decision last week illustrating that even sophisticated executives need reminding that emails and texts will be “Exhibit A” of an antitrust violation.

Headlines that Matter for Companies and Executives in Regulated Industries

As promised, we return now to provide an overview of the CFPB’s petition activity for the year to-date. In addition to the Bank of America (BofA) petition denial we discussed last month, the CFPB has issued a series of decisions denying petitions to modify or set aside civil investigative demands.

On October 7, 2019, United States Supreme Court declined to hear an appeal of a decision by the Ninth Circuit presenting a question of significant importance to business owners engaged in ecommerce.

With the news media covering the link between marijuana vaping, deaths, and lung conditions, California’s push to add THC to the Proposition 65 harmful chemicals list could mean financial, legal, and reputational challenges for cannabis businesses.

The EO is sweeping in scope and will have a significant impact on US companies doing business with Turkey.

Have you eaten “America’s Favorite Pasta” or received a “record-breaking” footbag with your fast-food meal? While these products may seem to have little in common, they have a shared experience – each was the target of a false advertising claim. The statements raise the always-burning question for m

Many conduit tax exempt revenue bonds bear interest at a floating rate, most typically a percent of USD 1-month LIBOR (here, LIBOR).

A federal court in Nebraska recently rejected a health plan’s fiduciary breach claims under the Employee Retirement Income Security Act of 1974 against third-party service providers, holding that the service providers were not ERISA fiduciaries and did not breach fiduciary duties under ERISA.

Headlines that Matter for Companies and Executives in Regulated Industries

In the underlying case, OSHA issued citations to Wynnewood Refining Co., LLC related to a steam boiler powered by natural gas at the company’s oil refinery in Wynnewood, Oklahoma.

News and analysis that matters for privacy and data security.

For the last thirty years, I have defended companies in OSHA enforcement actions. No matter how large or small the action, employers should always begin by evaluating the potential financial impact the OSHA citation could have on the company.