On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would ban employers from requiring workers to sign noncompetes and require recission of existing noncompetes. The FTC’s press release accompanying the rule states that its intent is to “promote greater dynamism.”

As Illinois’ implementation of the Energy Transition Act, PA 102-0662 — commonly referred to as the Climate and Equitable Jobs Act (CEJA) — continues, the Illinois Commerce Commission (ICC) is developing a Renewable Energy Access Plan to help achieve the law’s renewable electricity goals.

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With the start of the new year, the ArentFox Schiff Hospitality Industry team reviews 10 of the most pressing legal issues for hospitality companies in 2023.  

On New Year’s Eve, New York Governor Kathy Hochul signed New York’s “Cumulative Impacts” bill into law, making New York the second state in the nation to require assessment of “cumulative impacts” affecting certain communities before an environmental permit is issued or renewed.

The holidays came early for organized labor this year, with the National Labor Relations Board (NLRB or Board) issuing another decision that will make it easier for unions to organize new workplaces.

On December 20, 2022, the US Senate unveiled the long-awaited Consolidated Appropriations Act, 2023. The US House of Representatives passed the bill three days later, and it is now awaiting President Biden’s signature.

The new year brings several new laws and requirements for California employers.  Among changes in 2023, California employers face a higher state minimum wage, increased minimum pay requirements for employees, new protected leaves for an employee to provide care for a “designated person,”

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‘Tis the season for many Americans to head out to a local Christmas tree farm. But what if in the course of picking out the perfect tree, someone twists their ankle out in the fields, a tree being felled falls on a caroler, or a car gets dented while the tree is being loaded in?

For years, the National Labor Relations Board (NLRB) sought to make wronged employees whole for the consequences of a respondent’s unfair labor practices.

Businesses work to operate in compliance with relevant laws and generally work to avoid — if possible — scrutiny from regulatory agencies.

On December 15, the White House added a new Guidebook to the Inflation Reduction Act to its clean energy webpage.

The second half of 2022 saw a wave of class action litigation under state wiretapping laws against website operators that use widely deployed online technologies, such as chatboxes and session replay software. 

The Federal Trade Commission (FTC) announced on December 14, 2022, that it is seeking public comment on potential updates and changes to its “Green Guides,” kicking off a process that may lead to the first significant changes to the Guides since 2012.

Headlines that Matter for Companies and Executives in Regulated Industries

On Nov. 10, the U.S. Court of Appeals for the Second Circuit directed the U.S. Bankruptcy Court for the District of Connecticut to order a refund of fees paid by a Chapter 11 debtor to the Office of the U.S. Trustee, or UST.

Four days after FTX, once the world’s third-largest crypto exchange, filed for voluntary Chapter 11 bankruptcy, former FTX investors filed a class action against 11 athletes and celebrities who promoted FTX in advertisements and on social media.

What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a major court decision involving hot-button topics.

The first two years of the Biden administration have resulted in a seismic shift in terminology in the environmental space.

The Biden Administration has embraced an aggressive and multi-part agenda designed to improve the safety and quality of care nationally in skilled nursing facilities (SNFs). The Biden Administration’s nursing home agenda covers various areas.

ArentFox Schiff counseled its long-time client, Anderson Automotive Group, on the sale of its Acura, Honda, Jaguar Land Rover, Lexus and Mercedes-Benz automobile dealerships in Thousand Oaks, California.

Further expanding generous protected employee leaves, California now will require most private employers to provide up to five days of bereavement leave for a covered family member’s death. Assembly Bill 1949, which Governor Newsom signed, takes effect on January 1, 2023.

On December 5, 2022, the US District Court for the Middle District of North Carolina held that the North Carolina State Health Plan (NCSHP) constitutes a “Health Program or Activity” under the Affordable Care Act (ACA). In so doing, the court finalized its decision granting summary judgment.

The US Patent and Trademark Office (USPTO) has issued new guidelines effective December 3, 2022, changing the previous six month office action response period to three months. An extension of an additional three months can be obtained upon request and submission of a $125 fee.