Alerts

Headlines that Matter for Companies and Executives in Regulated Industries

A recent order from the Ninth Circuit Court of Appeals has brought a somewhat novel legal question to the forefront: Do automobile manufacturers owe municipalities a duty of reasonable care in designing, manufacturing, and distributing vehicles to prevent theft?

On July 8, the US Department of Justice’s (DOJ) Antitrust Division, in partnership with the United States Postal Service (USPS), announced the launch of a Whistleblower Rewards Program. This new initiative is designed to incentivize individuals to report violations of antitrust laws and crimes impacting USPS, its revenue, or its property.

The newly enacted “One Big Beautiful Bill,” formally known as the Legislation for Reconciliation and Policy Reforms 2025, contains a range of provisions that bear unique significance for the District of Columbia.

The “One Big Beautiful Bill Act” — budget reconciliation bill signed into law on July 4 — and a new Executive Order (EO) have clarified that solar and wind generation.

The Massachusetts Supreme Judicial Court (SJC) recently clarified the scope of the Massachusetts Noncompetition Agreement Act (MNAA). In Susan Miele v. Foundation Medicine, Inc., the SJC held the MNAA does not apply where a forfeiture clause is triggered by a breach of a non-solicitation agreement.

As the pace of advancements in artificial intelligence (AI) innovations continues to accelerate, companies from various technology and industry sectors are turning to ArentFox Schiff’s Patent group for guidance in protecting their intellectual property (IP) and patenting their cutting-edge AI technologies.

The government has announced a renewed and expanded focus on False Claims Act (FCA) enforcement, doubling down on traditional health care priorities like kickbacks and drug pricing while signaling increased scrutiny of Electronic Health Records (EHR) manipulation.

On June 1, Mexico held its first-ever national election to appoint judges from the lowest levels in the judicial hierarchy to the very highest, including the Mexican Supreme Court. In total, the 7,700 judges elected through this process will replace previously appointed judges and will take office on September 1.

In a decision earlier this year, the US Supreme Court held that plaintiffs bringing civil Racketeer Influenced and Corrupt Organizations Act (RICO) claims may be able to recover damages for business or property losses that stem from personal injuries.

On June 25, the US Food and Drug Administration (FDA) released a final guidance, “Conducting Remote Regulatory Assessments: Question and Answers.”

In one of the first substantive decisions analyzing whether the use of copyrighted works to train large language models (LLMs) for generative artificial intelligence (AI) services is infringing or a fair use, Judge William Alsup issued a split decision in his summary judgment order. See Bartz et al. v. Anthropic PBC, No. 3:24-cv-05417 (N.D. Cal. Aug 19, 2024).

On June 11, the US Department of Commerce, Bureau of Industry and Security (BIS) announced the release of two General Authorizations, accompanied by additional Frequently Asked Questions (FAQs) related to the January 16 Information and Communication Technology and Services (ICTS) Rule that prohibits the import and sale of connected vehicles and their related hardware/software with a sufficient Chinese or Russian nexus, “Securing the Information and Communications Technology and Services Supply Chain: Connected Vehicles” (the Connected Vehicles Rule).

On June 18, the US Food and Drug Administration (FDA) released for public comment a proposed method for ranking chemicals present in the food supply to determine which should be prioritized for post-market safety assessments.

The District of Columbia is set to implement sweeping changes to its DC Health Care Alliance, a program that has provided vital health coverage to low-income residents who do not qualify for Medicaid or Medicare, including many non-citizens, since its inception in 2001.

District of Columbia Mayor Muriel Bowser’s FY 2026 Budget introduces a new Basic Health Program (BHP) that will fundamentally reshape health coverage options for thousands of District residents beginning next calendar year.

On June 6, the US Department of Health and Human Services’ Office of Inspector General (OIG) issued Advisory Opinion No. 25-03, providing important guidance for telehealth organizations and management services organizations (MSOs).

Headlines that Matter for Companies and Executives in Regulated Industries

Indemnification and advancement clauses are often seen as mere boilerplate language in a company’s governing documents, routinely copied from one form agreement to another. However, advancement clauses may be important sources of leverage in ownership disputes and business divorce cases, potentially impacting the outcome more than the merits of the claims.

For decades, California has been granted unique deference in setting Clean Air Act (CAA) emissions limitations for California-sold vehicles through use of a state-specific waiver.

Changes in presidential Administration often mean changes in policy priorities and budgeting, but a Maryland federal district court recently held that the executive branch’s ability to pivot on policy has limits.

Strategic protection of intellectual property (IP) is crucial for driving the growth and sustainability of high-tech startups, enabling them to secure their innovations, maintain a competitive edge, and strengthen their market position.

Congress enacted the No Surprises Act (NSA) to protect patients from unexpected medical bills. A central pillar of the NSA is its independent dispute resolution (IDR) process, under which payers and providers can submit disputed claims to binding arbitration.

On June 4, the US Securities and Exchange Commission (SEC) published a concept release soliciting public comment on potential amendments to the definition of foreign private issuer (FPI) under US securities laws.

Fresh tensions are rising between creative expression and intellectual property rights.