All Perspectives

As we reported last month, a California federal court recently dismissed a per- and polyfluoroalkyl substances (PFAS) class action complaint on the basis that the plaintiffs’ total organic fluorine (TOF) analysis testing method was insufficient to support their allegations that the defendants’ products contained PFAS. Prior to this, courts had dismissed similar lawsuits based on lack of standing, holding that the plaintiffs failed to allege that the specific products they purchased were found to contain PFAS.

The Biden Administration has put environmental justice (EJ) issues at the forefront of its policy agenda for nearly four years. More comprehensive guidance on how policymakers should evaluate “cumulative impacts” has been a long-promised part of these EJ efforts.

ArentFox Schiff announces the relocation of its Los Angeles office to 555 South Flower Street. Located in the heart of downtown LA, the new space is defined by cutting-edge architectural design and integrates innovative technology and amenities to foster in-office and remote collaboration.

In this inaugural episode, hosts Jon S. Bouker and Dan H. Renberg build on ArentFox Schiff’s Election Analysis to explore the implications of the 2024 Presidential election results. 

Michael Showalter and Bradley Rochlen will lead a webinar hosted by the Washington Legal Foundation on December 12, 2024.

Join Birgit Matthiesen and James Kim for a webinar with the Canadian Transporation Equipment Association.

On November 20, Oy Lunawood Ltd, a pioneer and global leader in sustainable wood innovations that positively impact architecture and reduce emissions worldwide, and Atlanta Hardwood Corporation, which specializes in the manufacturing and distribution of hardwood products, announced the formation of a joint venture, Lunawood LLC.

In a departure from past jurisprudence, a recent DC Circuit decision questioned whether the White House Council on Environmental Quality (CEQ) had the legal authority to issue key regulations under the National Environmental Policy Act (NEPA). The decision, which evaluated federal planning related to tourist flights over national parks, interpreted CEQ’s NEPA regulations, which prescribe how federal agencies must comply with NEPA and have set the standards for federal agencies’ consideration of the environmental impacts of major federal actions for decades. The decision could impact how many agencies conduct and interpret environmental assessments in areas including biotechnology and agriculture.

The US Patent and Trademark Office (USPTO) has finalized its fee schedule for 2025. The updated fee schedule will take effect on January 19, 2025, and will represent a 7.5% across-the-board increase in USPTO fees.

Michael Showalter will join a panel at the Air & Waste Management Association’s Environmental Justice: Policy, Practice, and Progress Conference on December 4, 2024.

Headlines that Matter for Companies and Executives in Regulated Industries

Prop 65 Counsel: What To Know

In Rodriguez v. Lawrence Equipment, Inc., Case No. B325261 (Nov. 8, 2024), the California Court of Appeal held that an employee who loses their Labor Code claims in an individual arbitration no longer has standing to pursue a claim on behalf of others in court under the Private Attorneys General Act (PAGA).

Join Angela Santos as she speaks at an American Apparel & Footwear Association webinar.

This past July, we reported on the Centers for Medicare & Medicaid Services (CMS) release of the 2025 proposed Hospital Outpatient Prospective Payment System (HOPPS) and Physician Fee Schedule (PFS) rules. CMS has now released the 2025 final rules, though they will not be published in the Federal Register for several more weeks.

Employers wanting to create a more equitable and legally compliant workplace while also reducing their risk of litigation may want to pay particular attention to the California Court of Appeal’s recent decision in Wawrzenski.

Michael Fainberg and Patrick Lai will host a presentation titled, “Trends, Challenges, and Strategies of Patenting AI innovations in the U.S.”

In the second and final part of this series, Chairman Anthony V. Lupo is joined by Diane von Furstenberg at the inaugural AFS Fashion Insiders Executive Forum, where Diane reflects on her journey from a young girl unsure of her path to a powerful woman, shaped by her iconic dress design.

Join Angela Santos and James Kim for a webinar on the solar supply chain.

Welcome to the November 2024 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.

ArentFox Schiff has been selected as counsel for the Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy case of Gritstone bio, Inc.

Headlines that Matter for Companies and Executives in Regulated Industries

This past September, the US Department of Justice (DOJ) updated its Evaluation of Corporate Compliance Programs (ECCP).

Health Care Counsel Gayland Hethcoat will lead a session on California’s Data Exchange Framework (DxF) at the California Society for Healthcare Attorneys’ (CSHA) 2024 Fall Seminar in Sacramento, California, on November 15, 2024.

ArentFox Schiff International Arbitration & Dispute Resolution Partners Lee M. Caplan and Timothy J. Feighery and Associate Jodi Tai authored the California Contribution to the Delos Guide to Arbitration Places (GAP), which is now available online.