Preparing For the Return of Dealer Distress
Over the last five years, auto and equipment dealers experienced a period of low inventory levels with high margins on the limited inventory they had for sale and lease. Used…
Administration Action Could Unravel the De Minimis Exception for Goods From China
Many e-commerce retailers are closely monitoring increasing bipartisan criticism of the Section 321 de minimis program. This program, which provides an exemption for goods valued at $800 or less destined…
Recent Federal Strike Force Prosecutions Serve as Warning to U.S. Manufacturers and Other Exporters
The recent enforcement activities of the newest federal strike force serve as a warning to U.S. manufacturers and other businesses involved in the export of products that the government is…
Application of New Mental Health Parity Rules to Provider Network Composition and Reimbursement: Perspective and Analysis
On September 23, 2024, the U.S. Departments of Labor, the Treasury, and Health and Human Services (collectively, the “Departments”) released final rules (the “Final Rules”) that implement requirements under the Mental Health Parity…
White House OSTP Releases PFAS Federal R&D Strategic Plan
The White House Office of Science and Technology Policy (OSTP) announced on September 3, 2024, the release of its Per- and Polyfluoroalkyl Substances (PFAS) Federal Research and Development Strategic Plan (Strategic Plan). Prepared by…
Non-Compete Associated with Partial Sale of Business Must Be “Reasonable” To Be Enforced
Samuelian v. Life Generations Healthcare, LLC, 104 Cal. App. 5th 331 (2024) Robert and Stephen Samuelian co-founded Life Generations Healthcare, LLC. When they sold a portion of the business, the company…
The Fifth Circuit Confirms the DOL’s Authority to Use Salary Basis Test for FLSA Overtime Exemptions
On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit in Mayfield v. U.S. Department of Labor confirmed that the United States Department of Labor (“DOL”) has the authority…
The Corporate Transparency Act Requires Reporting of Beneficial Owners
The Corporate Transparency Act (the “CTA”) became effective on January 1, 2024, requiring many corporations, limited liability companies, limited partnerships, and other entities to register with and report certain information…
DOJ Announces Changes to Guidance on Corporate Compliance Programs, Updates on Whistleblower Program
In an address this week to the Society of Corporate Compliance and Ethics, Principal Deputy Assistant Attorney General Nicole M. Argentieri of the Department of Justice’s (“DOJ”) Criminal Division, highlighted several updates…
USTR Finalizes New Section 301 Tariffs
The United States Trade Representative (USTR) published a Federal Register notice detailing its final modifications to the Section 301 tariffs on China-origin products. USTR has largely retained the proposed list of products subject…