Alerts

On May 18, 2023, the US Supreme Court affirmed the Second Circuit’s decision that artist Andy Warhol’s silkscreen portrait of Lynn Goldsmith’s photograph of musician Prince, used for a Vanity Fair cover, was not a fair use under US Copyright Law.

On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration.

Once again, in the third such decision in fewer than two years, the US Court of Federal Claims (CFC) in January issued a decision granting a protest of, and thereby upending, a major Department of Defense (DoD) award decision.

Almost all states promulgate regulations regarding “diligent efforts” that licensed excess line brokers must perform while wishing to offer permissible coverage from unlicensed insurance companies in that state’s market, when no coverage or an insufficient amount of insurance is available.

Prop 65 Counsel: What To Know

The President of Mexico, Andres Manuel López Obrador (AMLO), from the outset of his six-year term, made it abundantly clear that his government will exercise greater control and intrusive state supervision over mining activities in Mexico.

The concept of administrative deference — i.e., that the courts should defer to relevant agencies’ interpretations of ambiguous statutes they are tasked to administer — is a key component to the modern regulatory state.

Nothing in your life will be more impactful than the AI revolution.

“This is the new arms race.” That’s how Missouri State Representative and former University of Missouri offensive lineman Kurtis Gregory described the burgeoning patchwork of state laws that govern student athletes’ ability to profit from their name, image, and likeness (NIL).

Yankees’ superstar Aaron Judge and the Major League Baseball Players Association (MLBPA) have finally emerged victorious from an intellectual property dispute, which they have been fighting since Judge’s 2017 rookie season.

Headlines that Matter for Companies and Executives in Regulated Industries

On May 8, 2023, the Michigan Sales and Use Tax Acts were amended to allow an industrial processing tax exemption for property used for the production, manufacturing, or recycling of “aggregate” materials.

The ArentFox Schiff Cannabis Industry team reviews 10 of the most pressing legal issues facing the industry in 2023.

On May 3, 2023, the Securities and Exchange Commission (SEC) adopted amendments to Form PF.

Pixels are the new cookies. Here we go again. The Federal Trade Commission is continuing its assault on trackers with its latest enforcement actions against GoodRx Inc. and BetterHelp Inc.

In the inaugural episode of Corporate Corner, hosts Scott Adamson and William D’Angelo speak with AFS Partner Adam Diederich to discuss the Corporate Transparency Act (CTA), which will take effect in 2024.

In USA v. Patel et al., US District Court Judge Victor A. Bolden granted the defendants’ motion for acquittal in a criminal prosecution alleging six current and former aerospace executives were involved in an illegal conspiracy.

For decades, the Securities and Exchange Commission (SEC) and criminal prosecutors have pursued claims for insider trading in securities by persons who learn material nonpublic information about clinical drug trials.

In another pro-employee decision, the National Labor Relations Board (Board) has held that the familiar Wright Line standard no longer governs cases involving employees disciplined for engaging in offensive or abusive conduct while participating in activities that Section 7 of the NLRA protects.

In a case involving government contracts, the Fourth Circuit held that a company could proceed with its claims against three former employees for actions they took as employees – through their newly formed company - to pursue the same contract the company was pursuing.

Canada joins a number of major trading partners taking a stronger stance on forced labor after passing legislation known as Bill S-211, An Act to Enact Fighting Against Forced Labor and Child Labor in Supply Chains and to Amend Customs Tariff, on May 3, 2023.

In recent years, “sustainability” has gone from being a niche product approaching, in some quarters, a religion. Few would argue with the proposition that issues like climate- and carbon-neutrality and recyclability have become mainstream consumer issues across the United States.

Effective April 26, 2023, the Michigan Sales and Use Tax Acts were amended so that most delivery and installation charges are no longer subject to sales and use taxes in Michigan.

Headlines that Matter for Companies and Executives in Regulated Industries

Throughout 2021 and 2022, states have been seeking to include or have successfully included medical respite to Medicaid 1115 waivers. These experimental Medicaid-reimbursed programs are reviewed and approved by the Secretary of Health and Human Services to promote the objectives of Medicaid.