All Perspectives

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The 2022 midterms have concluded, but the Republican underperformance is not expected to dampen Congressional enthusiasm for Pharmacy Benefit Manager (PBM) reform. The issue remains at the forefront of the healthcare pricing debate.

November 29, 2022

ArentFox Schiff is hosting and Mike Andresino is speaking at the NASPP Boston Chapter’s seminar on November 29, 2022.

The US Department of the Treasury and the Internal Revenue Service issued its most recent Priority Guidance Plan Joint Statement (the Plan) on November 4, 2022. The Plan details more than 200 priorities for the 12-month period beginning July 1, 2022, and ending June 30, 2023 (the plan year). 

Earlier this month, the US District Court for the Western District of Washington certified a class of individuals who were denied gender-affirming care by a third-party administrator, Blue Cross Blue Shield of Illinois (BCBSIL).

Headlines that Matter for Companies and Executives in Regulated Industries

Partner J. Michael Showalter was quoted on the citizen suit, currently under appeal in the Fifth Circuit, brought against Exxon Mobil.

ArentFox Schiff is pleased to announce that Private Clients, Trusts & Estates Practice Group Leader Thomas Abendroth has been inducted into the National Association of Estate Planners & Councils’ (NAEPC) Estate Planning Hall of Fame.

ArentFox Schiff advised GBS Inc. (Nasdaq: GBS) on its acquisition of Intelligent Fingerprinting Limited, including its proprietary drugs of abuse screening technology.

We represented NextPlat Corp., a global e-commerce platform company, in its strategic investments in Progressive Care Inc., a personalized healthcare services and technology company.

ArentFox Schiff represented NorthView Acquisition Corp., a publicly traded special purpose acquisition company, in its merger with Profusa, Inc., a digital health company.

ArentFox Schiff represented NEXT Renewable Fuels in a strategic investment by United Airlines Ventures (UAV).

November 17, 2022

Nonprofits & Associations Industry Group Co-Leader Sean Glynn and Associate Dan Jasnow will present about metaverse considerations for the nonprofit sector at the 2022 Greater Washington Society of CPAs (GWSCPA) Nonprofit Symposium on November 17.

Recent decisions by the Fifth Circuit Court of Appeals and the Bankruptcy Court for the District of Delaware signal further disagreement over the treatment of “make-whole” premium payments under the Bankruptcy Code.

The US Supreme Court will hear oral arguments on November 28, 2022, on whether lobbyists should be held to the same ethical standards as public officials.

ArentFox Schiff Chairman Anthony V. Lupo was featured in a Q&A about the firm’s Metaverse office opening.

Whether you represent a doctor or a hospital and its medical staff, simultaneous retaliation lawsuits and administrative peer review hearings present special challenges. 

A new federal program that will provide up to $8 billion to the clean hydrogen industry reached its first milestone last week, with at least a dozen groups applying to be selected as “regional clean hydrogen hubs.”

On October 31, 2022, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum advocating for adoption of a new framework for policing employer use of electronic monitoring and automated management practices.

On November 10, 2022, the US Court of Appeals for the Second Circuit directed the US Bankruptcy Court for the District of Connecticut to order a refund of fees paid by a chapter 11 debtor to the Office of the US Trustee (UST).[1] 

In this Fashion Counsel video, Anthony Lupo and Dan Jasnow break down what e-commerce will look like as the metaverse continues to evolve.

“Administrative deference” is a key component to the modern regulatory state. The “Chevron doctrine,” i.e., the concept that the courts should defer to relevant agencies’ interpretations of ambiguous statutes they are tasked to administer, has been viewed as a key underpinning.

Securing environmental permits is often big part of operating a business. How the U.S. Environmental Protection Agency’s recent focus on environmental justice issues might affect that permitting remains something of an open question.

On November 8, 2022, voters in several states considered whether to approve state income tax changes. Specifically, voters in Massachusetts voted to impose a 4 percent personal income surtax on income above $1 million; voters in Colorado voted to further limit federal itemized deduction amounts.