All Perspectives

Partner Michelle Mancino Marsh was quoted on a Northern District of Illinois decision denying a temporary restraining order and potentially pausing Schedule A litigation in that District to reassess its use, a move that Michelle said could complicate anti-counterfeiting efforts.

On December 12, the Eleventh Circuit heard the much-anticipated oral arguments in United States ex rel. Zafirov v. Florida Medical Associates LLC concerning the constitutionality of the False Claims Act’s (FCA) qui tam provisions.

Kevin Timson talks with Mercer Capital Vice President David Harkins, who shares insights into automotive dealership valuation.

On December 11, the White House issued a sweeping Executive Order (EO) that sets a national policy favoring a minimally burdensome federal framework for artificial intelligence (AI).

Cryptocurrency is creeping into the municipal market. This is an unusual development for a market known for its prudent fiscal practices. It is actually quite astonishing.

Welcome to the December 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

Partner Ehsun Forghany spoke with Law360 about the top patent cases and decisions of 2025, including Lashify v. International Trade Commission and Ingenico v. Ioengine, and how those two Federal Circuit decisions have already shifted the patent litigation landscape.

ArentFox Schiff is pleased to announce the election of 18 new partners, effective January 1, 2026.

Headlines that Matter for Companies and Executives in Regulated Industries

Federal regulators are taking a coordinated step to accelerate the responsible integration of digital health technologies into routine care.

Companies have long dreaded litigation filed by federal environmental regulators because such cases tended to last forever and posed financial and representational risk.

New York City employers should prepare to comply with additional changes to the Earned Safe and Sick Time Act (ESSTA) and the Temporary Schedule Change Act (TSCA).

In a closely watched consumer protection lawsuit, a federal court has ruled that Chipotle’s loyalty rewards points are not “gift certificates” or “gift cards” under either New York or California law.

ArentFox Schiff is hosting and sponsoring the 2025 NYSSCPA Private Wealth Conference on December 11th in New York. Speakers include AFS Partners Kevin Matz, Todd Angkatavanich, and Tracy McLaughlin.

ArentFox Schiff is pleased to announce that Julia Zhu-Morelli has joined the firm’s Corporate & Securities practice in Los Angeles as a partner. Julia brings extensive experience representing US and Chinese companies in complex corporate and transactional matters.

A clear, well-written terms of use agreement is essential for e-commerce sellers and online service providers seeking to manage the risk of litigation through provisions such as arbitration clauses and class action waivers.

No need to bring a crib sheet, the US Securities and Exchange Commission (SEC) Division of Examinations just revealed (some of) this year’s test.

For the first time in 15 years, the World Bank Group (WBG) has updated their Integrity Compliance Guidelines.

On April 23, President Donald J. Trump issued Executive Order (EO) No. 14281 entitled “Restoring Equality of Opportunity and Meritocracy,” which qualifies “disparate-impact liability” as “pernicious” and concludes that disparate-impact liability violates the US Constitution.

On December 4, the US Patent and Trademark Office (USPTO) issued a memorandum to the Patent Examining Corps reinforcing its existing subject matter eligibility framework under 35 U.S.C. § 101 and calling renewed attention to a voluntary evidentiary tool, Subject Matter Eligibility Declarations (SMEDs) under 37 C.F.R. § 1.132.

The Fourth Circuit reversed a district court’s dismissal of a trade secret misappropriation claim under the Defend Trade Secrets Act (DTSA) where the district court concluded that a company did not plausibly allege that it took reasonable measures to protect the secrecy of proprietary software.

Headlines that Matter for Companies and Executives in Regulated Industries

ArentFox Schiff is pleased to announce that Partner Kay C. Georgi has been named “Lawyer of the Year” in Trade & Customs in the 2025 Lexology Index Awards.

A federal jury in Massachusetts ordered Beyond Meat, Inc. to pay $38.9 million to Sonate Corp. d/b/a Vegadelphia Foods for willful trademark infringement tied to slogans used in national advertising for meat-free products.

Massachusetts Federal District Judge Indira Talwani recently issued a decision in the case of Serebrennikov v. Proxet Group LLC, holding that an internationally based employee has standing to bring a claim under the Massachusetts Wage Act.