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.

The crypto winter is starting to look more like a crypto ice age. In addition to hundreds of billions of dollars in lost market value, the crypto industry has seen major industry players seek protection in bankruptcy court.

Under intensive regulatory, commercial, and academic oversight, and notwithstanding its widespread and rapid rate of adoption, biotechnology has produced huge gains in well-being that have flowed to society without any evidence of adverse health or environmental effects.

Since the US Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization (Dobbs) in June 2022, the impact of the Court’s decision continues to ripple across the health care delivery system. In this multi-part series, we will examine key components of a risk assessment framework,

On November 3, 2022, two consumers filed a putative class action complaint against a fast fashion company, claiming that the apparel company’s “Conscious Choice” clothing line deceived consumers into buying products labeled as made from environmentally friendly materials.

US environmental policy changes tend to occur at a glacial pace, particularly at the federal level. Frustrated with the pace of change, environmental non-governmental organizations (NGOs) and state regulators are increasingly alleging “ESG” and sustainability-focused claims.

Illinois Biometric Information Privacy Act (BIPA) class action lawsuits were heavily litigated again in 2022, as plaintiffs continued to target companies using biometric technology and their vendors. At the same time, avoiding liability continued to be a challenge for businesses defending BIPA cases

ArentFox Schiff advised Knight Automotive Group in its acquisition of the Lasher Auto Group’s Elk Grove automobile dealerships, including Acura, Audi, Subaru and Volkswagen franchises as well as Northern California’s top selling Chrysler, Dodge, Jeep and Ram dealership.

The Secure and Fair Enforcement (SAFE) Banking Act is still on the table, and US Department of Justice (DOJ) is weighing in.

The proliferation of blockchain, cryptocurrency, and decentralized finance (DeFi) applications in recent years has been accompanied by a surge in patent filings worldwide by blockchain tech developers. And, despite some early reluctance of national patent offices to recognize the patentability.

On November 18, 2022, Luxembourg became the seventh country to announce plans to withdraw from the Energy Charter Treaty (ECT), following in the footsteps of Poland, Spain, the Netherlands, France, Slovenia, and Germany.

Protecting trade secrets is critical for any company. Being proactive and consistent is the best way to keep your company’s secrets safe.