Alerts

Over the last few years, as the U.S. Consumer Product Safety Commission (CPSC) has moved slowly in its rulemaking efforts to address tip-overs of dressers.

The Federal Circuit Court has issued an opinion invalidating a post-employment invention assignment provision in an employment agreement because the assignment provision violated California law disfavoring restrictive covenants.

This updated guidance follows an earlier version EPA released for public comment in March 2019.

On November 19, 2020, the California Occupational Safety and Health Standards Board (the Board) unanimously approved a set of emergency COVID-19 safety regulations that significantly expand the responsibilities of most California employers to prevent the risk of COVID-19 outbreaks in the workplace.

Financial institutions should be mindful of communications with other institutions that could imply horizontal conspiracies.

In this video episode of Fashion Counsel, Arent Fox Fashion & Retail Practice Leader Anthony V. Lupo discusses lessons learned from COVID-19 with Eduardo Perez, CFO of Saint Laurent, Donatella Bordignon, CFO of Alexander Wang, and Richard Naranjo, VP Shared Financial Services of Kering Americas.

On November 9, 2020, the California Court of Appeal (Fourth Appellate District, Division 3) decided Semprini vs Wedbush Securities, Inc., holding that a certified class of employees paid on a commission-only basis did not meet the salary basis test for the administrative exemption from overtime.

Since California first legalized medical marijuana in 1996, approximately thirty-two other states and the District of Columbia have followed its lead and approved marijuana use for medical purposes.

Remember August 2019? Before COVID? Before masks? Before shutdowns, limited reopenings, resurgences, and renewed shutdowns? Before presidential election drama?

The Nevada Division of Public and Behavioral Health will hold an open public meeting to discuss proposed amendments to current regulations impacting the State’s drug transparency program. The meeting will take place on December 9, 2020, at 1 pm PST.

Final Rule largely tracks prior proposal to make significant changes to the Discount Safe Harbor and other regulatory safe harbors to the Federal Anti-Kickback Statute.

On November 18, 2020, the Fourth Circuit upheld a summary judgment award in favor of Lowe’s Home Centers LLC (Lowe’s), holding that it did not violate the Americans with Disabilities Act (ADA) when a disabled, long-term employee was removed from his senior role and passed over for two similar vacant

Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd., No. 19-CV-06593 (N.D. Cal. Oct. 16, 2020).

Most Favored Nations Model will alter how certain Medicare Part B drugs are reimbursed.

The Paycheck Protection Program (PPP) established under the CARES Act was among the tools used to assist small businesses suffering from the COVID-19 pandemic.

Headlines that Matter for Companies and Executives in Regulated Industries

On November 18, the Centers for Medicare & Medicaid Services (CMS) released an alert urging nursing homes to follow established COVID guidelines for visitation and infection prevention during the upcoming holidays.

On November 17, 2020, the US Equal Employment Opportunity Commission (EEOC) announced that it is seeking public input on its updated Compliance Manual Section on Religious Discrimination (the Manual). 

In this video episode of Fashion Counsel, Arent Fox Fashion & Retail Practice Leader Anthony V. Lupo discusses lessons learned from COVID-19 with Eduardo Perez, CFO of Saint Laurent, Donatella Bordignon, CFO of Alexander Wang, and Richard Naranjo, VP Shared Financial Services of Kering Americas.

The Consumer Financial Protection Bureau (Bureau or CFPB) has recently issued a formal proposal for a national regulatory standard governing companies’ handling of consumer data and their privacy rights with respect to financial data.

The District of Columbia is one of the few state or local jurisdictions in the country to impose a franchise tax on “unincorporated businesses.”

As specific policies, legislative priorities and cabinet nominations are revealed in the coming weeks, manufacturers and energy companies are beginning to consider what a Biden Administration will mean for their business.

Late yesterday, November 17, 2020, the FDA issued an Emergency Use Authorization (EUA) to Lucira Health for an All-In-One Test Kit for prescription home use in individuals 14 years of age or older.

The Department of Health and Human Services Office of the Inspector General (OIG) published a Special Fraud Alert on November 16, 2020 (the Alert) regarding a common practice within the pharmaceutical and medical device industry known as “speaker programs.” 

Prop 65 Counsel: What To Know