Alerts

On August 28, 2018, the United States District Court for the Eastern District of California (the Court) dismissed with leave to amend the Pharmaceutical Research and Manufacturers of America’s (PhRMA) lawsuit challenging the constitutionality of California’s new drug price transparency law.

In a recent decision, the Sixth Circuit adopted an objective intent standard: an employee alleging constructive discharge in violation of the False Claims Act need not prove that the employer took actions designed to force the employee to quit.

Monthly Wrap: News, insights & analysis from Arent Fox’s International Arbitration team.

This two-part article on how the courts have analyzed claims for coverage under traditional crime policies, protocols, and procedures that companies can use to reduce the risk of falling victim to cyber phishing scams appeared in Pratt’s Privacy & Cybersecurity Law Report.

The United States and Mexico announced an agreement on August 27, 2018 regarding key issues that have been the focus of trilateral discussions among the US, Mexico and Canada for over a year.

On August 27th, New York State published a model training, model policy, and model complaint form on sexual harassment in the workplace that applies to all employers, regardless of size.

All Bark and No Bite? State Department Explains Further the Waivers of the CBW Sanctions Against the Russian Government, Confirming that Many Exports, Even of National Security Controlled Items, Can Still Be Exported to Russia.

Arent Fox San Francisco Managing Partner and Sports Practice Group Leader Rich Brand and Privacy, Cybersecurity & Data Protection Senior Associate Eva Pulliam co-authored the article, “Faces in the Crowd: Legal Considerations for Use of Facial Recognition Technology at Sports Arenas.”

The Department of Health and Human Services Office of the Inspector General published a request for information seeking public comments on what new or modified safe harbors to the Anti-Kickback Statute or exceptions to the beneficiary inducements prohibition.

We are pleased to provide you with the new, 2018 version of the Arent Fox Survey of Data Breach Notification Statutes.

In today’s instant news environment, headlines are abuzz with different types of misconduct in the sports industry. These issues range from sexual misconduct allegations to player mistreatment.

Following on our previous alert, Proposition 65 amendments that take effect on August 30, 2018 impose new warning requirements on all participants in the product supply chain.

On June 6, 2018, NLRB General Counsel Peter Robb issued Memo 18-04 offering helpful guidance on employee handbooks after the Board’s decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017).

Recent decisions arising out of the Arcapita bankruptcy case provide useful guidance regarding the minimum contacts required for bankruptcy court jurisdiction as well as when and how to apply international comity and the presumption against extraterritoriality in bankruptcy litigation.

In a recent opinion, United States Bankruptcy Judge Martin Glenn of the Southern District of New York held that Bankruptcy Courts may enter final default judgments against non-US defendants who fail to respond to a properly served summons and complaint.

President Trump signed into law the Foreign Investment Risk Review Modernization Act (FIRRMA) to modernize the CFIUS review process to address 21st century national security concerns today. Congress enacted FIRRMA as Title XVII of the Fiscal Year 2019 National Defense Authorization Act, HR 5515.

The US Administration announced that it would be imposing sanctions on the Russian Government under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act) over the use of a “Novichok” nerve agent in an attempt to assassinate UK citizen Sergei Skripal.

On July 9, California Governor Jerry Brown signed Assembly Bill 2770 into law, which seeks to protect victims of sexual harassment who complain to their employers from defamation claims by the alleged harasser.

The President issued an Executive Order on August 6, 2018, “Reimposing Certain Sanctions With Respect to Iran” (the New Iran EO), which re-imposes relevant provisions of five Iran sanctions EOs (EOs 13574, 13590, 13622, and 13645).

Ever since the US Supreme Court issued its decision striking down the federal ban on state sponsored sports betting in the Professional and Amateur Sports Protection Act this spring, there has been much discussion and speculation on what the decision means for the fantasy sports industry.

US Trade Representative Robert Lighthizer issued a statement on August 2, 2018, advising that President Trump has directed him to consider raising the previously proposed 10% additional duty to be applied to $200 billion worth of Chinese goods (referred to as the List 3 products) to 25%.

The Centers for Medicare & Medicaid Services has released its “Proposed Changes to Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs” for calendar year 2019 (the Proposed Rule).

Monthly Wrap: News, insights & analysis from Arent Fox’s International Arbitration team.

The Ninth Circuit held that a bankruptcy court may not designate claims (i.e. disqualify claims for plan voting purposes) for bad faith under 11 USC § 1126(e)

On July 24, 2018, the United States Court of Appeals for the Fourth Circuit denied the State of Maryland’s petition for an en banc rehearing of the Fourth Circuit’s April 13, 2018 decision in the matter of Association of Accessible Medicines v. Frosh.