All Perspectives

ArentFox Schiff represented long-time client McKenna Automotive Group in selling its Subaru of Huntington Beach dealership to Sutherlin Automotive Group, an Alabama based dealership group.

On September 19, President Trump signed a proclamation imposing an additional $100,000 fee on the entry of certain H-1B employees into the United States, effective September 21.

On October 13, California took a significant step toward consumer transparency with the enactment of SB 68, the Allergen Disclosure for Dining Experiences Act. This legislation makes California the first state to mandate large restaurant chains to disclose major food allergens on their menus. The law is set to take effect on July 1, 2026.

The US Supreme Court has declined to review the Fifth Circuit’s decision in St. James Parish v. Inclusive Louisiana, leaving intact a unanimous ruling that environmental justice (EJ) organizations have standing to pursue a civil rights challenge to St. James Parish’s land-use practices in Louisiana’s industrial corridor.

ArentFox Schiff is proud to announce that Partner Susan T. Bart was recognized by The National Association of Estate Planners & Councils (NAEPC) as an inductee into the Estate Planning Hall of Fame® and as a recipient of the Accredited Estate Planner® (Distinguished) designation for 2025.

Rather than waiting for the “ultra-processed food” (UPF) definition promised by the federal government’s Make America Healthy Again (MAHA) Commission, the California legislature has forged ahead to produce its own definition and to apply it to the state’s school meals program.

AFS Partner Lauren Wolven will speak at the ACTEC 2025 Fall Meeting in Austin, Texas on October 22nd.

Partner Marylee Jenkins will speak at the 2025 WTR Live: Brand Strategy Summit USA in New York on October 22, 2025.

ArentFox Schiff Chairman Anthony Lupo and Consumer Products Partner Michelle Mancino Marsh were quoted on the digital risks fashion and retail companies face as artificial (AI) intelligence becomes more common within the industry.

Whether by pleading or contractual provisions, New York practitioners face the risk of surrendering a client’s right to a jury trial with unsettling ease. This article exposes these procedural snares by: first, introducing the statutory mechanism found in CPLR 4101 that is central to jury waiver by pleading and explores how merely asserting equitable or declaratory judgment claims can forfeit the right to a trial by jury; second, it surveys the enforceability of pre-dispute contractual jury waivers, highlighting New York’s willingness to extend such clauses beyond pure contract claims and juxtaposing that stance with less accommodating jurisdictions; and finally, it distills practical drafting and motion practice strategies designed to help practitioners preserve (or strategically eliminate) the jury right. By charting these intersecting doctrines – and the hidden pitfalls they create – this article aims to arm litigators and transactional lawyers alike with the vigilance necessary to avoid stumbling into an unintended waiver.

The first nine months of the Trump Administration have seen extensive use of Executive Orders (EOs) to “deregulate” and otherwise rollback Biden-era environmental policies.

Headlines that Matter for Companies and Executives in Regulated Industries

On August 12, the Ninth Circuit in Quintara Biosciences, Inc. v. Ruifeng Biztech, Inc. held that the Defend Trade Secrets Act (DTSA) does not require a plaintiff to identify its allegedly misappropriated trade secrets with particularity at the pleading stage because that is a question of fact meant for summary judgment or trial.

The firm’s Automotive group sponsored and presented at the National Association of Dealer Counsel (NADC) 2025 Fall Conference, held in Chicago from October 19–21, 2025. The NADC Fall Conference convenes leading professionals from across the automotive industry for a comprehensive educational program focused on the latest trends, emerging challenges, and key legal considerations shaping the automotive dealership landscape. Attendees benefit from engaging, practitioner-led sessions and robust opportunities to exchange insights on a wide range of dealer-related issues.

Welcome to the October 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.

Partner Antonio Rivera was quoted on the impact of China’s expanded rare earth export controls and the United States’ responding tariffs on global supply chains.

ArentFox Schiff advised Clearwater Security and Compliance in its sale to Sunstone Partners. Clearwater is a provider of cyber risk management and regulatory compliance solutions to the healthcare industry.

The US District Court for the District of Massachusetts in Monteiro v. RAC Acceptance East, LLC issued an early federal interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which became law in March 2022.

Wu-Tang Clan produced a single physical copy of the album “Once Upon a Time in Shaolin,” which was never publicly released. In 2015, Martin Shkreli purchased the album.

Health Care Practice Leader Douglas Grimm was quoted on the increasingly complex legal protocols hospitals must navigate following the rollback of a Biden-era policy restricting immigration enforcement in hospitals.

E-Verify is a web-based federal program where employers verify identity and work authorization of employees. E-Verify is operated by the US Citizenship & Immigration Service (USCIS), which is within the US Department of Homeland Security (DHS).

Headlines that Matter for Companies and Executives in Regulated Industries

On August 18, the US Court of Appeals for the Federal Circuit issued a significant decision in King v. United States, affirming that reductions in multiemployer pension benefits authorized by the Multiemployer Pension Reform Act of 2014 (MPRA) are not takings under the Fifth Amendment.

On October 10, 2025, International Arbitration & Dispute Resolution Practice Leader Lee Caplan and International Attorney Ucheora Onwuamaegbu will moderate panels in a series hosted at ArentFox Schiff’s DC office for the 6th Edition of Washington Arbitration Week (WAW).

On September 30, the Internal Revenue Service (IRS) and US Department of Treasury released their 2025-2026 Priority Guidance Plan, outlining the topics they intend to prioritize for formal guidance in the upcoming fiscal year. The Plan addresses several topics that may impact tax-exempt organizations.