All Perspectives

The US Food and Drug Administration (FDA) has withdrawn its proposed rule on standardized testing methods for detecting and identifying asbestos in talc-containing cosmetics, almost exactly one year after publication.

Foreign nationals from 19 countries and all asylum applicants and refugees are facing severe restrictions on their ability to enter, live, and work in the United States. Employers should take note since it impacts the ability of their employees to extend their work authorization and travel.

Prop 65 Counsel: What To Know

Judge Kathryn Kimball Mizelle’s ground-breaking decision in Zafirov v. Florida Medical Associates LLC and Justice Clarence Thomas’ solo dissent in US ex rel. Polansky v. Executive Health Resources Inc. have revived what many had viewed as a settled constitutional question.

AFS Partner Tom Abendroth will co-present in a webinar for the American Bankers Association (ABA) 2025 Wealth Management and Trust Webinar Suite on December 4.

AFS Partner Lauren Wolven will speak at the 2025 Real Property, Probate & Trust Law Section and Business & Corporations Section Seminar on December 4 in Bismarck, North Dakota.

ArentFox Schiff is pleased to announce that Real Estate Practice Leader Thomas R. Castiello has been selected by Connect CRE for Connect Media’s 2025 Lawyers in Real Estate Awards, representing the Washington, DC, Region.

A putative class action against Whoop, the wearable technology company, uses the US Food and Drug Administration’s (FDA) July 2025 warning letter regarding its new blood pressure product feature as a litigation springboard. The case shows how misalignment with regulators’ expectations can quickly cascade from agency scrutiny to consumer litigation.

AFS Partner Kevin Matz, provides an overview of New York’s 2025 amendment to NYTL 954(a)(3) in NYSBA’s Trusts and Estates Law Section Journal.

Partner Hillary Stemple was featured in an article discussing a recent HHS Office of Civil Rights settlement resolving allegations related to the use of photos and other protected health information (PHI) in health care provider marketing materials without patient authorization in violation of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule.

The New Mexico Environment Department (NMED) recently proposed broadly applicable labeling requirements for all products (including consumer products) that contain intentionally added per- or polyfluoroalkyl substances (PFAS) — the first such requirements in the nation.

On November 21, the Centers for Medicare & Medicaid Services (CMS) issued a final rule announcing changes for Medicare payments for hospital outpatient services under the Hospital Outpatient Prospective Payment System (HOPPS).

Partner J. Michael Showalter, an International Bar Association (IBA) Environmental, Health and Safety Law Committee officer, was quoted on circular economy and the “extended producer responsibility (EPR)” that manufacturers are expected to take on.

In a Law360 feature published ahead of the US Supreme Court’s oral argument in Cox Communications, Inc. v. Sony Music Entertainment, AI & Emerging Technologies Industry Group Co-Leader Danielle W. Bulger was quoted, discussing how the justices’ approach could reset how courts evaluate secondary copyright liability for internet service providers and other platforms. With a $1 billion verdict on the line, the anticipated decision is expected to influence how companies design and deploy products that enable large-scale online sharing.

On December 1, the US Supreme Court will hear oral arguments in a case that could reshape secondary copyright liability for internet service providers (ISPs) and other network operators.

Generally, the Employee Retirement Income Security Act of 1974 (ERISA) prohibits discrimination based on a plan participant’s health status-related factor, such as a medical condition, medical history, or genetic information.

After issuing the Physician Fee Schedule (PFS) on October 31, the Centers for Medicare & Medicaid Services (CMS) has now published templates for manufacturers to utilize when complying with new requirements regarding the submission of reasonable assumptions related to their average sales price (ASP) calculations. CMS also mandates that manufacturers submit Bona Fide Service Fee (BFSF) certification or warranty letters for new or renewal contracts dated January 1, 2026, or later that contain BFSFs with quarterly ASP.

Montway LLC is an Illinois-based leading automotive-transport broker that assists customers with transporting their vehicles across the country to alleviate them of the burden of driving those vehicles themselves.

US bankruptcy law is designed to promote and reconcile two core policy objectives: providing relief to financially distressed debtors and ensuring the equitable treatment of creditors vis-à-vis the debtor and other creditors.

Headlines that Matter for Companies and Executives in Regulated Industries

ArentFox Schiff is pleased to announce that Partner Joseph M. “Joe” Maraia has been named to the IAM Strategy 300 Global Leaders 2026 in the United States. IAM Strategy 300 Global Leaders showcases many of the world’s foremost IP professionals across major markets in North America, Europe, and Asia.

On October 30, the Illinois General Assembly passed the Clean and Reliable Grid Affordability Act (CRGA). CRGA makes significant updates to Illinois’ current statewide siting and zoning framework for renewable energy projects and creates a statewide standard for energy storage projects.

ArentFox Schiff’s Automotive Group secured a jury verdict for $1.185 million in damages for our client M5 Automotive LLC, following a contract dispute over the sale of a Kastner Honda, a dealership in Napa, California.

The US Supreme Court has fast-tracked challenges to President Trump’s unprecedented use of the International Emergency Economic Powers Act (IEEPA) to impose wide‑ranging tariffs, and based on recent oral argument, it is unclear how the Court will decide the case.

Partner J. Michael Showatler was quoted on the US Supreme Court agreeing to hear an appeal on two lawsuits brought by Louisiana localities against Chevron Corp. and other major oil companies.