All Perspectives

Headlines that Matter for Companies and Executives in Regulated Industries

Does the First Amendment protect associations’ communications with their members when petitioning government agencies?

On April 28, the US Department of Commerce, Bureau of Industry and Security (BIS) published the long anticipated Frequently Asked Questions (FAQs) regarding 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.”)

Michelle J. Shapiro of ArentFox Schiff will be a panel moderator at the 2025 White-Collar Crime Conference hosted by the Boston Bar Association (BBA).

In refusing registration of the color green for “chloroprene medical examination gloves,” the Federal Circuit adopted — for the first time — a legal test for genericness of color marks.

Join Angela Santos at the American Apparel & Footwear Association 2025 Global Supply Chain & Trade Conference.

Partners Matthew Berlin and Michael Fainberg of ArentFox Schiff will speak at the 2025 AI Governance & Strategy Summit – New York on May 7, 2025.

Partner Ehsun Forghany was quoted by CosmeticsDesign USA on how industry stakeholders should revisit and revise their intellectual property (IP) strategies after the May 2 closure of the de minimis loophole.

National Football League (NFL) Hall of Famer Terrell Owens recently filed a lawsuit in Illinois state court against TMZ, accusing the news and media company of unauthorized use of his trademark, GETCHA POPCORN READY.

The Illinois Commerce Commission staff (ICC Staff) announced recommendations laying the groundwater for Illinois’ first procurement of energy storage resources expected to occur this summer.

While we have previously written on Federal Trade Commission (FTC) enforcement of “Made in America” claims, a recent jury verdict shows that manufacturers should also be wary of potential consumer claims.

Partner Michael Guippone will moderate a breakout session for the National Federation of Municipal Analysts 2025 Annual Conference in San Antonio, Texas, on May 8.

A Michigan economics group, calculating tariff impact after President Donald Trump’s latest executive orders, has estimated that the least-impacted vehicles will still face a $2,000 tariff and the most impacted will see a tariff of $15,000.

Allison Pfeifle, Fredrick Weber, and Joe Blumberg of ArentFox Schiff will speak at the IICLE Estate Planning Short Course in Champaign, May 5-6, 2025, and in Chicago, May 19-20, 2025.

Partner J. Michael Showalter was quoted on the Trump Administration’s lawsuits testing the judiciary’s stance on federal interests in state affairs, particularly concerning state-led climate change initiatives.

There are currently six states with active Prescription Drug Affordability Boards (PDABs) — Colorado, Maryland, Washington, Oregon, New Hampshire, and Minnesota.

Headlines that Matter for Companies and Executives in Regulated Industries

In recent years, environmental nongovernmental organizations (NGOs) and local governments have increasingly sued gas, oil, and energy companies, challenging their historic messaging on climate change, plastic recycling, and fossil fuels effects.

Partner Douglas Grimm was quoted on the US Supreme Court’s ruling Loper Bright Enterprises v. Raimondo, marking one year since the landmark decision that ended judicial deference to agency rulemaking.

Chairman Anthony Lupo and Consumer Products Group Co-Leader Michelle Mancino Marsh were quoted on how attorneys play a pivotal role behind the scenes at the Met Gala, one of the world’s premier fashion events.

On April 16, the Massachusetts Supreme Judicial Court (SJC), in Trustees of Boston University vs. Clough, Harbour & Associates LLP, held that contractual indemnification claims, arising from negligence, were not precluded by the Commonwealth’s statute of repose (M.G.L. c. 260, § 2B), which eliminates a cause of action in tort six years after the opening of an improvement to real estate.

Join Reed Freeman and Michelle Bowling as they present at the Privacy + Security Forum, Spring Academy on May 8, 2025.

The US Patent and Trademark Office (USPTO) recently issued two memoranda reshaping the Patent Trial and Appeal Board’s (PTAB) approach to discretionary denials for parallel proceedings.

Well-drafted and enforceable terms of use are an essential risk management tool for any business, particularly e-commerce sellers and online service providers. Despite their importance, however, terms of use are often overlooked or given insufficient attention during digital asset development and management.

A California Court of Appeal recently held that an employee bringing a claim under the Private Attorneys General Act (PAGA) must be able to allege that he personally suffered a Labor Code violation within the applicable one-year statute of limitations period.