All Perspectives

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A DC Circuit decision related to the US Environmental Protection Agency’ (EPA) hydroflurocarbons (HFC) phase out illustrates that federal regulations face significant scrutiny when reviewed in court even where the regulations have a textual hook and are largely consistent with prior agency practice.

Partner J. Michael Showalter spoke with the Associated Press about the US Environmental Protection Agency’s (EPA) decision not to test its Title VI authority in a recent case involving a predominantly Black community exposed to toxic chemicals in Louisiana.

June 26, 2023 - June 28, 2023

Health Care Partner Hillary Stemple will present at the American Health Law Association’s (AHLA) Annual Meeting on June 26, 2023.

New York, a state with a GDP larger than most sovereign nations, is on the brink of a significant change to its employment landscape. It may soon join the four other states that have banned employee noncompete agreements.

In November of 2022, we predicted a fertile post-election congressional landscape for Pharmacy Benefit Manager (PBM) practice reform.

ArentFox Schiff is proud to announce that Partner Derek Barella has been elected a Fellow of the College of Labor & Employment Lawyers, a lifetime election for attorneys who have demonstrated outstanding performance and integrity, excellence, and dedication to the profession.

ArentFox Schiff was featured as the transformative merger of 2022 by the National Law Journal in its news coverage of the country’s 500 largest law firms.

On June 16, 2023, in United States, ex rel. Polansky v. Executive Health Resources, Inc., the US Supreme Court addressed the government’s authority to dismiss a qui tam False Claims Act (FCA) suit over a relator’s objection when the government initially declines to intervene in the litigation.

June 21, 2023

Andrew Katzenberg will speak at the American Bar Association on June 21, 2023.

Partner D. Reed Freeman was quoted on the Federal Trade Commission’s (FTC) expanding enforcement of the Health Breach Notification Rule, which governs how health apps and similar technologies use and share consumers’ health information.

The pendulum has swung again in the National Labor Relations Board’s (NLRB) continued effort to distinguish employees from independent contractors.

A group of Delta Air Lines’ customers filed a class action suit alleging that the airline’s marketing claims of carbon neutrality are false and misleading. While this may be the first greenwashing case filed against a major airline, it is not the first carbon-focused greenwashing action.

ArentFox Schiff is pleased to announce that the firm has been named to Public Interest Law Initiative’s (PILI) 2023 Pro Bono Recognition Roster, which recognizes law firms and corporations that have made significant pro bono commitments and contributions in Illinois.

In an early test of a potential landmark lawsuit involving generative AI coding tools, a claim for breach of open-source licenses partially survived the defendants’ motion to dismiss.

June 14, 2023

Bankruptcy partners George Angelich and Justin Kesselman will be hosting a panel discussion at NACM’s 127th Credit Congress on June 14, 2023.

On May 15, 2023, Florida Governor Ron DeSantis signed legislation that impedes Diversity, Equity, and Inclusion (DEI) programs at public higher education institutions throughout the state.

On June 9, 2023, US House Ways and Means Committee Chairman Jason Smith introduced the American Families and Jobs Act, which would have major implications for several provisions of the Tax Cuts and Jobs Act of 2017 (TCJA) and the Inflation Reduction Act of 2022 (IRA).

Earlier this year, the Federal Trade Commission (FTC) proposed a rule that would, with limited exceptions, bar employers from using employee noncompete agreements and require rescission of existing noncompete agreements.

The US Environmental Protection Agency defines “environmental justice” as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation and enforcement of environmental laws, regulations and polici

Last week — in separate actions over the course of 48 hours — the US Securities and Exchange Commission (SEC) filed lawsuits against crypto asset platform operators Binance (including related entities and founder Changpeng Zhao), and Coinbase (including its parent company).

The recently passed Consolidated Appropriations Act (CAA) of 2023 includes a new Stark Law exception and Anti-Kickback Statute (AKS) safe harbor, allowing hospitals and other health care entities to offer their physicians programs to improve mental health and resiliency.