Alerts

The US Court of Appeals for the Second Circuit just issued a 32-page decision affirming the district court’s conflict of laws ruling, in favor of an Arent Fox LLP client, that New York law, rather than New Jersey law, applied to an insurable interest dispute between AEI Life LLC and Lincoln Benefit

Where is my child? Ask any parent who has ever lost sight of their child and they will tell you that these short moments of panic can feel like a lifetime. Thankfully, events like these can in many ways soon be a thing of the past.

Late last week, the Food and Drug Administration declared its jurisdiction over animal cell culture technology through a public meeting announcement and a statement by Commissioner Scott Gottlieb.

In a decisive victory for class action defendants, the U.S. Supreme Court held that a pending class action tolls the statute of limitations only for putative class members’ individual claims, and not for any “follow-on” class actions they file on their own.

When companies create anti-bribery programs and provide training to staff, many understandably focus on bribery of foreign government officials.

Edwin Simcox, Acting Chief Technology Officer for the US Department of Health and Human Services (HHS), lauded telehealth as an innovation that potentially offers ways to address HHS’s four key priorities.

On June 15, the United States Trade Representative released two product lists relating to Section 301 duties.

The Department of Health and Human Services OIG has issued an advisory opinion approving an arrangement involving the provision of free telemedicine equipment and services by a provider to a potential referral source.

The California Office of Statewide Health Planning and Development (OSHPD) has posted a preliminary working draft of the regulations implementing California’s prescription drug price transparency law.

Connecticut and Maine recently joined the increasing number of states to enact drug price transparency laws. Maine’s drug price transparency law (the Maine Law) became effective on May 1, 2018.

The Centers for Medicare and Medicaid (CMS) is overhauling the Electronic Health Records (EHR) Medicare and Medicaid program for hospitals.

Despite Secretary Mnuchin’s statement last week that the Section 301 tariffs were “on hold,” President Trump announced this morning that he is moving ahead with the additional 25 percent ad valorem tariffs on certain Chinese imports to protect US intellectual property rights.

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

On April 5, 2018, Maryland enacted legislation that will set the amount exempt from Maryland estate tax at $5 million for decedents who die on or after January 1, 2019.

US Bankruptcy Judge in the US Bankruptcy Court for the Southern District of New York granted Avanti Communications Group PLC’s (“Avanti”) request to recognize the UK court-sanctioned scheme of arrangement and enforce the guarantee releases provided by Avanti’s affiliates on certain debt.

On May 20, 2018, Secretary of the Treasury Steven Mnuchin stated that the US was “putting the trade war on hold,” pending negotiations with China to reduce the US trade deficit and address certain acts, policies, and practices related to intellectual property rights.

Following a tweet from President Donald Trump that there was “big news coming soon” for the automotive industry, the Department of Commerce (DOC) formally announced on May 24, 2018 an investigation into the impact of certain automotive imports on US national security interests.

South Carolina has become the first state to enact an insurance data security act based on the Insurance Data Security Model Law drafted by the National Association of Insurance Commissioners, which is based on New York’s Cybersecurity Regulations (23 N.Y.C.R.R. Part 500).

The Trump Administration did an about-face over the weekend, announcing that the sweeping 25 percent tariffs on products imported from China were placed on hold, as the two countries try to iron out a deal that would avoid the impending trade war.

On May 17, 2018, CMS issued a strongly-worded letter to Part D plan sponsors stating that pharmacy “gag clauses” are unacceptable.

On May 21, 2018, the United States Supreme Court clarified that class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act, as set forth in the decision of three consolidated cases.

The May 21 notice provides guidance on the manner in which imports whose exclusion requests are approved by the DOC should be entered in order to avoid the Section 232 duties.

In a recent decision, the US Court of Appeals for the Ninth Circuit held that a surgical center lacked standing to bring ERISA claims against a health plan because the plan had a valid anti-assignment provision.

A New Jersey-based company, Aromaflage, and its owners have agreed to settle charges brought by the Federal Trade Commission (FTC) regarding the company’s sale of sprays and candles that claim to be insect-repelling.

Following delays and much build up, the White House and the Department of Health and Human Services (HHS) have released their plan to address rising pharmaceutical prices and out-of-pocket costs directly impacting patients.