All Perspectives

ArentFox Schiff represented Grupo Inlosa, a Mexico-based automotive retail group expanding its US operations, in acquiring Toyota of Pharr in February. The store was purchased from Penske Automotive Group Inc., a publicly traded US automotive retailer. Grupo Inlosa anticipates that the new store will complement its nearby Buick GMC dealership.

On May 9, President Trump issued a new Executive Order (EO) titled “Fighting Overcriminalization in Federal Regulations” to address criminal enforcement of regulatory offenses, particularly strict liability offenses where the offender need not have had a culpable state of mind to be convicted.

On May 19, the US Department of Justice (DOJ) announced a novel use of the False Claims Act (FCA) to enforce Trump Administration policies against antisemitism, gender identity and expression, and diversity, equity, and inclusion (DEI) programs.

On July 1, the Virginia Consumer Protection Act (VCPA), as amended by Senate Bill (SB) 754, will provide additional privacy protections for reproductive and sexual health information. The legislation expands the VCPA to expressly prohibit the unauthorized collection and use of this category of information. Businesses that violate the law may be sued by affected Virginia consumers.

There is nothing more inherently unique and personal to an individual than his or her DNA. Unlike many other types of personal information, a person’s DNA is immutable. It can be the key to unlocking extremely sensitive information, such as predisposition to certain health conditions. Unfortunately, as with all other types of personal information, it can be acquired without authorization — breached.

Health Care Partner Stephanie Trunk will participate in the External Counsel Fireside Chat at Informa Connect’s Pricing & Contracting USA 2025 conference in Philadelphia, Pennsylvania, on May 21.

Fredrick Weber will co-present with Andrew Fussner of the American Heart Association at the CCPG 2025 Annual Symposium in Chicago on May 21, 2025.

Employee Stock Ownership Plans (ESOPs) are unique employee benefit plans designed to invest primarily in the stock of the sponsoring employer.

On April 25, purchasers of Nike non-fungible tokens (NFTs) filed a class action complaint in the US District Court for the Eastern District of New York against the sportswear giant alleging that the December 2024 shutdown of RTFKT constituted a “brazen rug pull,” resulting in significant monetary losses for the plaintiffs.

Since January, California officials have seized more than $316 million worth of illegal cannabis and $474,000 in cash through coordinated enforcement actions with state agency partners and local governments.

For decades, businesses have focused on “doing more with less,” maximizing efficiency by optimizing resources and streamlining processes to achieve greater output with fewer inputs. This effort often involves leveraging technology, improving productivity, and reducing waste to maintain or enhance performance.

On April 8, Maryland enacted House Bill 102, further postponing the implementation of the state’s Family and Medical Leave Insurance (FAMLI) program. This latest delay, recommended by the Maryland Department of Labor, is intended to provide employers and employees with additional time to prepare for the program’s requirements.

The US Department of Justice (DOJ) revised its Criminal Division Corporate Enforcement and Voluntary Disclosure Policy (CEP), outlining the benefits a company may earn by voluntarily self-disclosing misconduct, as well as the path to resolution in other cases. The DOJ aimed to simplify the document and clarify the outcomes that companies can expect.

As car buyers rush to get in front of tariffs — which are widely expected to boost sticker prices — the flood of demand has been pushing new vehicle prices ever higher, with the trend unlikely to stop any time soon, experts said.

Fredrick Weber will co-present with Andrew Fussner of the American Heart Association at the conference in Phoenix, AZ on May 16, 2025. The conference is hosted by Arizona Charitable Gift Planners.

Headlines that Matter for Companies and Executives in Regulated Industries

On April 22, at the direction of US Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr., both the US Food and Drug Administration (FDA) and HHS published identical statements announcing the phase-out of so-called “petroleum-based” synthetic food dyes and their replacement with “natural alternatives.”

Welcome to the May 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.

ArentFox Schiff represented leading national civil engineering firm, Vanasse Hangen Brustlin, Inc. (VHB), in a trio of transformative acquisitions which will accelerate VHB’s growth and further its capabilities to address complex challenges for its clients.

This week, the US House Ways and Means Committee released tax legislation that includes several provisions relevant to tax-exempt organizations.

On May 12, Matthew R. Galeotti, the head of the US Department of Justice’s (DOJ) Criminal Division, announced a new white collar enforcement plan, outlined changes to the Corporate Enforcement and Voluntary Disclosure Policy, and added new priority areas to the Corporate Whistleblower Awards Pilot Program Policy. The DOJ also introduced a new corporate monitor selection policy.

On May 14, the US House Ways and Means Committee advanced its initial markup version of The One, Big, Beautiful Bill, following 17 hours of a Committee meeting to markup the bill with no changes from the 389-page text that was released on May 12.

ArentFox Schiff successfully represented Nexus Pharmaceuticals in a patent infringement lawsuit, winning summary judgement for patent invalidity.

After a rollercoaster of activity related to the federal Corporate Transparency Act (CTA), the US Treasury Department (Treasury) announced on March 2 that it will not enforce any penalties or fines associated with beneficial ownership information reporting for US reporting companies.

Health Care Partners Lowell Brown, Debra Albin-Riley, Annie Lee, and Jeff Weston will present at the California Association Medical Staff Services’ (CAMSS) 54th Annual Education Forum in Universal City, California, on May 14-16, 2025.