Alerts

In a widely anticipated move, the FDA announced this week that it will extend the July 2018 compliance date for the revision to the Nutrition Facts panel. The revised panel will display calories more prominently on the label, as well as list added sugars.

On Sunday, June 11, 2017, Gymboree filed a voluntary petition under Chapter 11 of the United States Bankruptcy Code in the US Bankruptcy Court for the Eastern District of Virginia, listing $755.5 million in assets and $1.365 billion in debts.

With little fanfare or explanation, US Secretary of Labor Alexander Acosta announced on June 7, 2017 the withdrawal of the US Department of Labor’s 2015 and 2016 informal guidance on joint employment and independent contractors.

The CPSC also alleged that Kawasaki knowingly made a material misrepresentation to CPSC staff by underreporting the number of incidents associated with one of the ROV models and failing to report any incidents regarding two others. 

Following a recent trend that started in Massachusetts and the City of Philadelphia, New York City has become the latest jurisdiction to ban employers from inquiring about salary history for applicants.

On May 30, 2017, New York City Mayor Bill de Blasio signed into law Bill 1387-A, which prohibits covered retail employers from engaging in so-called “on-call scheduling,” a practice that is very common and in many cases critical to the industry.

The Supreme Court issued a stunning ERISA decision on Monday, overturning the law in the three federal circuits as to what constitutes a “church plan” that is exempt from ERISA’s requirements.

On May 30, 2017, the Supreme Court issued a landmark 8-0 decision holding that when a patentee sells one of its products, the patentee can no longer control that item through the patent laws.

In his first major announcement since taking office, FDA Commissioner Scott Gottlieb, M.D. finalized a major reorganization plan that had been under development since 2013. 

This week, the Supreme Court unanimously rejected the Federal Circuit’s broad reading of the patent venue statute for domestic corporations in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341, 2017 WL 2216934 (U.S. May 22, 2017).

Charges that investor-state arbitration is undemocratic, undermines national sovereignty, and prevents necessary regulations have prompted some states to develop new approaches to the field. Recent initiatives in Africa and South America aim to readjust the system in two very different ways.

Arent Fox has learned that the Office of the US Trade Representative announced it will hold a public hearing on June 27 to discuss next steps for NAFTA renegotiations. This will follow a public comment period that will end on June 12.

As a case that has lasted fifteen years reaches its likely conclusion, the Fourth Circuit Court of Appeals has clarified the “loss causation” standard applicable to claims of ERISA fiduciary breach involving non-employer stock.

This morning, in a letter dated May 18, 2017, the United States Trade Representative sent to Congress the long awaited formal notice that the Administration intends to enter into re-negotiations with Mexico and Canada. This signifies that the NAFTA renegotiations have been formally launched.

California’s “day of rest” rules generally require employers to give employees one day off in seven days.

With organic foods now accounting for over $40 billion in total US food sales, and the accompanying larger scale of organic operations, increased scrutiny of the integrity of the National Organic Program represents a natural progression in the evolution of the program’s history.

March and April were very busy months for the Federal Trade Commission’s Office of Consumer Protection staff who focus on “Made in USA” enforcement.

Senator Byron Dorgan, Senior Policy Advisor at Arent Fox, and Dan Renberg, partner and co-leader of Arent Fox’s Government Relations practice, offered distinct perspectives on recent developments and the prospects for policy changes affecting companies that do business in the United States.

The increase in activism in the last year has led to questions from employers about what their rights are when employees are absent from work to attend protests or engage in other political activities.

This week, Sonny Perdue became the penultimate nominee for President Trump’s cabinet to be confirmed by the Senate.

As in previous years, 2016 brought us a combination of both expected and unexpected holdings by the Supreme Court and the Federal Circuit.

An independent Working Group led by three international law specialists from Sweden, the Netherlands, and the United States has recently proposed drafting a specialized set of arbitration rules to resolve alleged human rights abuses by businesses.

In February, presidential advisor Steve Bannon stated that a primary goal of the Trump administration was the “deconstruction of the administrative state.”

On March 31, 2017 President Trump signed two Executive Orders aimed at fulfilling his campaign promises on “fair trade.”

A recent string of advertising and privacy crackdowns on mobile health apps should have developers on high alert as regulators are scrutinizing advertising statements and privacy policies.