Alerts

With the start of the new year, the ArentFox Schiff Metaverse Industry team reviews 10 of the most pressing legal issues for companies in 2023. 

On Friday, January 27, 2023, Illinois Governor JB Pritzker signed a new law, Public Act 102-1123, which refines county governments’ ability to regulate new commercial wind and solar energy facilities. Specifically, PA 102-1123 prohibits counties from banning or establishing moratoriums on wind.

On January 23, 2023 the Federal Communications Commission’s (FCC) Consumer and Governmental Affairs Bureau released a Declaratory Ruling addressing a request for clarification submitted by US Department of Health and Human Services (HHS).

Issues of attorney-client privilege have captured headlines in recent months, from the oral arguments in In re: Grand Jury before the U.S. Supreme Court earlier this month, to former President Donald Trump’s claims last fall.

Headlines that Matter for Companies and Executives in Regulated Industries

The principal legislative focus for the agriculture sector in 2023 will be the new Farm Bill, which sets the policies for most of the country’s agriculture programs, authorizing mandatory and discretionary spending for assistance related to food and farms.

In July 2020, the US-Mexico-Canada Agreement (USMCA) marked a turning point for North American cross-border trade, creating new rules and opportunities. This has been especially true for participants in the electric vehicle (EV) industry.

Application of US trade laws rely on the proper classification of the imported product. It triggers tariff preference benefits when properly applied, and enforcement scrutiny when not.

Since 2018, the Section 301 “China” tariffs of between 7.5% and 25% have been levied against critical components of the electric vehicle (EV) supply chain sourced from China.

In 2022, rare bipartisan cooperation succeeded in passing much of what Washington had in mind for the electric mobility industry, including billions of dollars in new spending now enshrined in the 2022 Inflation Reduction Act (IRA).

Enacted in August of 2022, the Inflation Reduction Act (IRA) was heralded by many as a landmark climate legislation in the United States. While the IRA’s tax credits for electric vehicles (EV) were among its most anticipated benefits, the tax credits that materialized have unanswered questions.

If a picture is worth a thousand words, the “photo-op” of the president test driving Ford’s new electric F-150 in May of 2021 was the burning image that foretold the US policy direction for the electric mobility industry.

The California Office of Administrative Law has approved regulations proposed by the Board of Registered Nursing, resulting in a new Section 103 Nurse Practitioner application that is now available through BreEZe.

In a welcome change in approach to financial market regulation, the United Kingdom’s Financial Conduct Authority (FCA) is requiring market participants to deliver good outcomes for consumers.

The newest old privacy law being weaponized in consumer class actions is the Video Privacy Protection Act (VPPA), a Reagan- era law passed in the wake of Judge Robert Bork’s video rental history being leaked to the press.  

The Republican leadership in the US House of Representatives has named Rep. Andy Harris (R-MD-1) chair of the Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration. As its name suggests, the Subcommittee has jurisdiction over the US Department of Agriculture.

Private Company Strategies

Per- and polyfluoroalkyl substances (PFAS) are present in a variety of consumer products. PFAS have been increasingly targeted in laws and regulations and have served as a hotbed for class action lawsuits, particularly in California.

Headlines that Matter for Companies and Executives in Regulated Industries

These days, environmental policy is often established indirectly. While “Schoolhouse Rock” may have taught some of us “How a Bill Becomes a Law,” its insights are less relevant in the current era where things like purportedly “not final” actions by the executive branch and litigation.

As concerns about perfluoroalkyl and polyfluoroalkyl substances (PFAS) continue to grow, state legislators are taking action. After an initial wave of laws prohibiting the use of PFAS in firefighting products and food packaging, recently enacted legislation in California and New York.

A dispute between luxury fashion brand Hermès and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to the Hermès’ Birkin handbag is making waves as a New York federal judge has denied Rothschild’s motion to dismiss and cross-motions for summary judgment.

Five new state omnibus privacy laws take effect in 2023, with two that already kicked in on January 1.

The Metaverse is a minefield for intellectual property (IP) owners. Many of the threats to IP will be familiar — such as unauthorized use of trademarks, copying of content, and misuse of name/image/likeness.

Prop 65 Counsel: What To Know