All Perspectives

What buzzwords define the environmental space in the past two years? Both “ESG” and “environmental justice” (EJ) are strong contenders. This post outlines how these concepts relate and provides guidance as to how companies can stake out appropriate positions on EJ in ESG reporting.

A bipartisan group of lawmakers in Congress is set to introduce a bill that if enacted would direct CFIUS to consider the needs of the agriculture industry when reviewing foreign investment and ownership in domestic businesses.

On February 2, 2023, Principal Deputy Assistant Attorney General Doha Mekki announced that the US Department of Justice (DOJ) Antitrust Division was revisiting and withdrawing several policy statements that provided a key safe harbor for certain types of information sharing.

Headlines that Matter for Companies and Executives in Regulated Industries

Regulations matter. Federal executive action is supposed to be rooted in statutes, established through regulatory processes generally tied to the Administrative Procedure Act (APA).

On January 30, 2023, the International Centre for Settlement of Investment Disputes (ICSID) published its Caseload Statistics for the 2022 calendar year.

California’s new pay transparency law requiring disclosure of pay scales in job openings went into effect on January 1, 2023. The new law requires California employers to disclose the pay range for a job if an applicant asks for it after an initial interview.

The Centers for Medicare & Medicaid Services (CMS) and the US Department of Health and Human Services Office of Inspector General (OIG) continue to issue guidance regarding the implementation of the drug pricing provisions of the Inflation Reduction Act (IRA).

The Federal Trade Commission (FTC) recently announced revised jurisdictional and filing fee thresholds for the Hart-Scott-Rodino (HSR) Act.

Partner Michelle Cooke was quoted on the first-of-its-kind decision addressing trademark rights in the Metaverse. A New York City jury ruled that an artist violated fashion house Hermès’ Birkin trademark by selling his MetaBirkins NFTs.

This article was originally published by the American Health Law Association as one of the 10 biggest issues in health care law this year.

Helen Ji will moderate a table at the Chicago Women in IP Annual Progressive Networking Dinner on February 8, 2023.

A New York City jury just returned a verdict in favor of Hermès in a historic dispute between the luxury fashion house and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to Hermès’ famous Birkin handbag.

Allison Pfeifle will present on the Illinois Trust Code on February 8, 2023 from 8:30 AM to 12:30 PM CT.

ArentFox Schiff will host the Food Policy Impact Conference at our Washington, DC, office on February 7-8. AgTech Industry Group Co-Leader Karen Carr is scheduled to present.

Similar to the federal Fair Labor Standards Act (FLSA), California law requires an employer to pay overtime based on an employee’s “regular rate of pay.” That rate may not be just an employee’s hourly wage, or straight time, rate.

In a long-awaited development, on February 2, 2023, the Illinois Supreme Court held that all claims under the Illinois Biometric Information Privacy Act (BIPA) are subject to a five-year statute of limitations. 

ArentFox Schiff International Trade Associate Sylvia Costelloe is a panelist at the American Bar Association’s International Law Section’s upcoming webinar titled “2022 Year-in-Review Programs: Export Controls”.

ArentFox Schiff International Trade Associate Sylvia Costelloe is a panelist at the American Bar Association’s International Law Section’s upcoming webinar titled “Your Contract is Now Unlawful: What to do when the Sanctions Are Imposed in the Middle of the Deal.”

Headlines that Matter for Companies and Executives in Regulated Industries

With the US Copyright Office (USCO) continuing their stance that protection only extends to human authorship, what will this mean for artificial intelligence (AI)-generated works — and artists — in the future?

The past few years have seen “ESG” — referring to environmental, social, and governance factors that influence decision making — move from being a fringe shareholder proxy issue to a front-of-mind C-suite issue. 

The Inflation Reduction Act, which was signed into law on Aug. 16, 2022, created a new 1% excise tax on certain repurchases of the stock of publicly traded corporations.

On January 18, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a Memorandum to all state survey agency directors addressing erroneous schizophrenia coding and increased transparency of Nursing Home Care Compare. 

Investors, lenders, developers, governments, non-profits, and other real estate market participants are increasingly considering environmental, social, and governance (ESG)-related factors, such as climate change, sustainable energy, and energy efficiency in making decisions.