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Headlines that Matter for Companies and Executives in Regulated Industries

In this video episode of Fashion Counsel, ArentFox Schiff Fashion & Retail Leader Anthony Lupo speaks with Sports and Corporate & Securities Partner Bill Ordower to discuss how companies can maximize brand partnerships domestically and abroad.

The US Supreme Court’s decisions of late have been consequential. While headline-grabbing decisions deal with religious liberties, privacy, and gun control, the Court’s impact on administrative law will have major consequences as well.

The U.S. Securities and Exchange Commission (SEC) announced last week that it will now require electronic submissions via its Electronic Data Gathering, Analysis, and Retrieval (EDGAR) system for certain applications.

On June 21, 2022, the Supreme Court concluded, in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., No. 20-1641, 2022 WL 2203328 (U.S. June 21, 2022), that the terms of a benefit plan limiting reimbursement for dialysis treatment did not violate the MSP Act.

Buying a car has evolved from the days of brick and mortar dealerships to e-commerce, where consumers can select their preferred dealer, reserve, order, finance, and purchase a new or used vehicle in a seamless transaction. Is the metaverse the next evolution for buying a car?

Under federal and California law, employers must include most bonuses and incentives in the “regular rate” for paying overtime, as well as meal and rest period premium pay. Often, such as with a monthly or quarterly bonus, an employer pays a bonus or incentive after paying overtime worked.

As more states enact their own privacy laws, members of the privacy community and those impacted by privacy legislation continue to push for uniformity. The American Data Privacy and Protection Act (ADPPA) addresses this growing concern by drafting a uniform national data privacy framework.

It provides guidance on a number of issues involving expenses and claims.

Headlines that Matter for Companies and Executives in Regulated Industries

One of the US Supreme Court’s final opinions this term addressed US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) under the federal Clean Air Act (CAA).

In a recently issued 8 to 1 Decision in Viking River Cruises, Inc. v. Moriana, the United States Supreme Court held that individual claims based on the “only in California” Private Attorneys General Act (PAGA) may be compelled to arbitration.

Companies are facing enormous social, cultural, and political issues, from the reversal of Roe v. Wade and a focus on LGBTQ laws to the recent massacre in Buffalo, racial and social justice issues are once again at the forefront.

Large companies often have numerous divisions, each focusing on a unique aspect of the corporate mission for the benefit of the entire enterprise. There are situations, however, in which the parent company decides it is beneficial to “spin-off” one of these divisions from the rest of the company.

Longstanding concerns on Capitol Hill about certain “outbound” activities conducted by U.S. companies and investors, particularly in the technology sector, both in China as well as outside of China with a China nexus, have given rise to significant legislative developments this year.  

Though the House of Representatives passed the Secure and Fair Enforcing Banking Act (“SAFE Banking Act” or “the Act”) on April 19, 2021, the bill was dropped from the final version of the larger China COMPETES ACT last week after it failed to muster the requisite support in the Senate.

The US Supreme Court has held that airline cargo loaders who load and unload cargo from planes that travel across state lines are exempt from the Federal Arbitration Act (FAA) because they belong to a “class of workers engaged in foreign or interstate commerce.”

California employers do not have to pay applicants for time or expenses related to taking a pre-employment drug test, when the employer made hiring contingent on passing the test, according to a recent decision. 

Medical marijuana has been legal, in the District of Columbia, since 2010. And since 2015, the City has permitted adults to use marijuana recreationally. Earlier this month, the City Council went further by unanimously passing a bill to protect many marijuana users against adverse job actions.

In an issue of first impression for the jurisdiction, the Bankruptcy Court for the Northern District of Illinois has ruled that a subchapter V debtor “substantially consummated” its plan by paying less than $1,500 in distributions to creditors and, as a result, could no longer modify the plan.

The Ohio State University has successfully obtained a trademark registration for the word “THE,” which has been the university’s moniker and rallying cry at sporting events for decades. The trademark registration covers “clothing, namely, t-shirts, baseball caps and hats.

The California Privacy Protection Agency (CPPA) published California Privacy Rights Act (CPRA) proposed regulations (Regulations) on May 27, 2022. The Regulations provide helpful insight into the CPPA’s vision for the CPRA and help to better prepare businesses.

Headlines that Matter for Companies and Executives in Regulated Industries

CMS recently imposed Civil Monetary Penalties against two Georgia hospitals for failing to comply with the 2021 Price Transparency Rule, which requires hospitals to publish the standard costs of their items or services on a public website. 

During the Trump administration, the National Labor Relations Board was not known for advancing immigrant worker rights. That changed last year, when Jennifer Abruzzo became its general counsel.