Alerts

The Latest Trends and Developments in the Class Actions World

Last year saw courts, particularly federal courts, continue their close scrutiny of class action settlements to ensure that they are fair and reasonable to class members, and do not unfairly prioritize the interests of class counsel, class representatives, or defendants.

Prop 65 Counsel: What To Know

“Environmental justice” (EJ) continues as the primary leitmotif of Biden Administration environmental policy in the first weeks of 2023. 

The Court addresses arbitration of class and collective actions in Viking River Cruises, Inc. v. Moriana and Coinbase, Inv. V. Bielski.”

Employee misclassification claims continue to be the focus of class action litigation in the logistics space. In general, these cases involve allegations by independent contractors (most often owner-operators) that they should be classified as employees, and thereby receive benefits.

On January 11, 2023, a dispute settlement panel organized under the United States – Mexico – Canada Agreement (USMCA) released its Final Report in regard to a complaint lodged by Mexico and supported by Canada that the US was not applying the correct interpretation of the methodologies.

Headlines that Matter for Companies and Executives in Regulated Industries

On December 27, 2022, a panel of the US Court of Appeals for the Second Circuit reversed the convictions of four defendants convicted of wire fraud, Title 18 securities fraud, and conversion of government property for their roles in a scheme to trade securities based on confidential information.

Headlines that Matter for Privacy and Data Security.

Many nonprofits are presented by lenders with an option to enter into an interest rate swap or cap when pursuing long-term financing or modifications to existing long-term financing.

The Inflation Reduction Act of 2022, which was signed into law on August 16, 2022, enacted a new 1% excise tax on certain repurchases of the stock of publicly traded corporations, codified in Section 4501 of the Internal Revenue Code of 1986 (the Excise Tax).

The US litigation finance industry is valued at over a billion dollars and has continued to grow as potential funders increasingly see litigation as an investment opportunity. Despite the growing presence of litigation funders, courts continue to extend work product protection and confidentiality.

How the US Environmental Protection Agency (EPA) will factor environmental justice (EJ) principles into permitting decisions remained largely an open question throughout 2022. In the waning days of the year, EPA’s Office of Air and Radiation’s guidance engages with the question.

Fashion Counsel

Last year, the United Kingdom Financial Conduct Authority (UK FCA) announced the following:
- ‘Zombie’ USD LIBOR for proposed use from July 1, 2023, through September 30, 2024, except for cleared derivatives
- 1-Month and 6-Month ‘Zombie’ Sterling LIBOR to cease on March 31, 2023

After pushing through the most challenging periods of COVID-19’s impact on the global supply chains, companies have focused on streamlining manufacturing and distribution, putting Mexico in the spotlight.

While it’s well known that the auto industry is undergoing an electric vehicle (EV) revolution, one of the industry’s offspring is experiencing a quieter but notable sea change as well — parking. 

On September 29, 2022, California Governor Newsom signed into law the Motor Vehicle Digital Number Plates Act (AB 984), which will give the Department of Motor Vehicle (DMV) authority to move forward with new vehicle registration technologies and to issue alternative devices for license plates.

On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule that, with limited exceptions, would both ban post-termination non-compete covenants in employment agreements and require rescission of existing post-termination non-competes.

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would ban employers from requiring workers to sign noncompetes and require recission of existing noncompetes. The FTC’s press release accompanying the rule states that its intent is to “promote greater dynamism.”

Headlines that Matter for Companies and Executives in Regulated Industries

Medical marijuana has been legal in DC since 2011. In recent years, the District has adopted piecemeal amendments to its medical cannabis program, largely through temporary emergency legislation and mayoral rulemaking. In recent years, DC has also attempted to legalize adult-use marijuana.

As Illinois’ implementation of the Energy Transition Act, PA 102-0662 — commonly referred to as the Climate and Equitable Jobs Act (CEJA) — continues, the Illinois Commerce Commission (ICC) is developing a Renewable Energy Access Plan to help achieve the law’s renewable electricity goals.

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