All Perspectives

Columbia Sportswear and Columbia University both use the word mark “COLUMBIA” on apparel. To prevent confusion and avoid a trademark fight, the parties entered into a co-existence agreement in 2023 to let the University keep selling school merchandise but only if it paired “COLUMBIA” with clear references to the school (for example, “University,” the school shield, or “1754”).

Health Care Practice Leader Douglas Grimm was quoted on the growing interest among employers in direct primary care models and the financial predictability these models offer compared to traditional insurance.

On August 11, the California Supreme Court issued a significant decision in Hohenshelt v. Superior Court addressing the interplay between the Federal Arbitration Act (FAA) and California’s statutory requirements for timely payment of arbitration fees in employment and consumer disputes.

Certain businesses implement dynamic pricing based on individual preferences or previously collected consumer data. This practice may soon be prohibited in New York if those websites fail to state, “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA.”

On August 5, the US Department of Health and Human Services (HHS) announced a significant change in its vaccine development strategy, ending its support for mRNA vaccine projects under the Biomedical Advanced Research and Development Authority (BARDA).

Protecting trade secrets in the beverage and food industry requires planning and forethought from the outset of product development. Attempting after the fact to plug the holes in the company’s safeguards can be the path to a very expensive failure. A recent case from Wisconsin provides a vivid example of what can go wrong.

Headlines that Matter for Companies and Executives in Regulated Industries

A North Carolina federal court’s recent order granting remand in the case Nash Hospitals, Inc. v. UnitedHealthcare of North Carolina, Inc., et al., No. 5:25-CV-28-FL underscores the limits of federal question jurisdiction in disputes arising from health care provider-payer agreements, particularly where the claims are grounded in state law and do not necessarily require resolution of a substantial federal issue.

Chairman Anthony Lupo and Fashion Group Co-Leader Michelle Mancino Marsh discussed the complexities and intellectual property (IP) concerns arising from the expansion of artificial intelligence (AI) in the fashion and retail industry. “AI will be a sea change not just for the fashion industry but for society as a whole,” Tony said.

ArentFox Schiff is pleased to announce that 132 attorneys have been recognized by The Best Lawyers in America 2026, with two attorneys highlighted as “Lawyers of the Year” and 66 attorneys listed as “Ones to Watch.”

Following weeks of anticipation, the US Department of Commerce has issued its formal determination expanding the list of steel and aluminum products subject to the 50% ad valorem duties imposed under Section 232.

The US Department of Justice (DOJ) declined to prosecute Liberty Mutual after the insurer voluntarily self-disclosed misconduct.

ArentFox Schiff has been listed in BTI Consulting Group’s Client Service “Trailblazer,” which recognizes only 55 law firms deemed the best at turning chaos into client solutions.

On July 22, President Trump announced that the United States and Japan had reached a bilateral trade agreement, which if fully implemented, would reduce tariffs on Japanese imports to a baseline 15% rate in exchange for a Japanese commitment to invest $550 billion in the United States.

Fredrick Weber will co-present with Andrew Fussner of the American Heart Association in a webinar for the National Association of Charitable Gift Planners on August 19th.

Welcome to the August 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

On August 7, the US Department of Health and Human Services Office of Inspector General (OIG) issued Advisory Opinion No. 25-09, providing significant guidance for physician-owned medical device companies (PODs).

On August 7, the White House issued an Executive Order (EO) aimed at broadening Americans’ access to alternative asset investments within employer-sponsored defined-contribution retirement plans, such as 401(k) plans.

Last month, the US Food and Drug Administration (FDA) and US Department of Agriculture (USDA) announced that they are requesting data and information to help develop a uniform definition of ultra-processed foods (UPFs) for human food products. On the heels of this announcement, a former FDA commissioner has filed a petition asking the FDA to ban popular ingredients in UPFs entirely.

Headlines that Matter for Companies and Executives in Regulated Industries

On June 27, the US Supreme Court issued a significant decision in Trump v. Casa, clarifying the limits of federal district courts’ authority to issue broad, so-called “universal” injunctions against the federal government.

On July 25, the US Department of Commerce, Bureau of Industry and Security (BIS) issued new 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 Rule).

Health Care Industry Group Co-Leader Annie Chang Lee was quoted on how hospitals and health care workers are vulnerable to potential raids by US Immigration and Customs Enforcement (ICE) following changes to federal policy regarding enforcement in sensitive locations.

On August 13, ArentFox Schiff obtained summary judgment in federal court in Florida on its claims challenging the constitutionality of a Florida law providing for the removal of books from school and classroom libraries.

Partner Kevin M. Nelson was quoted on the feasibility of the US Department of Commerce’s unprecedented use of “march-in” rights under the Bayh-Dole Act to request a list of patents owned by Harvard University that used government funds to support the underlying research.