All Perspectives

The national race to build artificial intelligence (AI) infrastructure is colliding with a stubborn local reality: strategically important projects have to be built somewhere.

The Healthcare Financial Management Association (HFMA) recently featured ArentFox Schiff’s analysis of the Fifth Circuit’s en banc decision in Texas Medical Association v. HHS, a ruling that reshapes how Qualifying Payment Amounts (QPAs) are calculated under the No Surprises Act.

On August 11, out-of-network health care providers scored an important, although not complete, victory under the federal No Surprises Act (NSA) when the US Court of Appeals for the Fifth Circuit, sitting en banc, issued its decision in Texas Medical Association v. United States Department of Health and Human Services, No. 23-40605.

Headlines that Matter for Companies and Executives in Regulated Industries

ArentFox Schiff is pleased to introduce FoxAI, the firm’s multi-tool approach to applying artificial intelligence in practical, industry-specific ways that complement how lawyers work and strengthen client service.

Counsel Judah Prero was quoted on recent legal challenges to the US Environmental Protection Agency’s (EPA) approval and registration of three new active pesticide ingredients that environmental groups say are harmful due to their designations as per- and polyfluoroalkyl substances (PFAS).

The lawsuit filed by ArentFox Schiff on behalf of client Prestige Imports against electric-vehicle maker Polestar has drawn coverage this week from both The Wall Street Journal and Automotive News. We are sharing highlights of that coverage below.

On July 22, the California Office of Environmental Health Hazard Assessment (OEHHA), the state agency responsible for implementing and administering Proposition 65 enforcement, released draft amendments to the Proposition 65 warning regulations as part of its “Omnibus 2026” pre-rulemaking process.

The National Labor Relations Board (NLRB) may be on the cusp of a policy realignment.

On July 19, a major part of the European Union’s (EU) Ecodesign for Sustainable Products Regulation (ESPR) went into effect, and large companies can no longer destroy unsold clothing, accessories, or footwear.

ArentFox Schiff is pleased to announce that Patricia Pileggi has been named among the 2026 BTI Client Service All-Stars, her second consecutive listing.

Infrastructure disputes increasingly turn on a threshold question that many project sponsors assume has already been resolved: Does the governmental actor supporting, permitting, funding, or constructing the project actually possess legal authority to do so?

Health Care Practice Co-Leader Douglas Grimm was quoted on how the publicly traded health system Q2 financial reports are a barometer of the state of the current marketplace, as well as a sign of what is coming.

International Trade Partner James Kim was quoted on the sharp increase of tariff refund lawsuits filed by importers in the US Court of International Trade.

In a non-precedential opinion in Christopher M. Warman v. Local Yokels Fudge, LLC, the US Court of Appeals for the Third Circuit affirmed the district court’s judgment, upholding the denial of the defendants’ renewed motion for judgment as a matter of law on the trade secret claims under the Defend Trade Secrets Act (DTSA) and the Pennsylvania Uniform Trade Secrets Act (PUTSA).

ArentFox Schiff is pleased to announce that Managing IP has listed 17 attorneys among the 2026 IP STARS, recognizing them as leaders in their firm and jurisdiction.

ArentFox Schiff advised Information Security Media Group (ISMG), a global leader in cybersecurity intelligence and education, in connection with a strategic growth investment from an affiliate of Peak Rock Capital, a leading private investment firm, with deep experience building information services and technology businesses.

Headlines that Matter for Companies and Executives in Regulated Industries

Tariffs and supply-chain pressures remain a constant operational reality for fashion brands and retailers.

Longevity & Healthspan Industry Co-Leader Gayland Hethcoat was quoted in a segment airing on Germany’s national public radio about brain-computer interfaces (BCIs), an emerging technology for treating diseases and conditions with neurological causes.

Longevity & Healthspan Industry Co-Leader Abha Kundi, a former US Food and Drug Association (FDA) regulator, was quoted on the complexities surrounding an FDA advisory committee recommending six peptides to be added to the Section 503A Bulks List.

On August 6, the US Food and Drug Administration (FDA) announced it is extending an existing Drug Supply Chain Security Act (DSCSA) exemption for small dispensers until November 27, 2027, as the FDA begins its small dispenser assessment.

At the midpoint of 2026, the agriculture industry is navigating a complex and ever-changing legal landscape shaped by the evolution of artificial intelligence (AI), trade and capital-market uncertainty, regulatory reform, and other policy issues.

On July 22, the US Securities and Exchange Commission (SEC) approved Nasdaq’s proposed rule requiring all Nasdaq-listed companies to maintain a minimum Market Value of Listed Securities (MVLS) of at least $5 million. Companies falling below this threshold for 30 consecutive business days would face immediate suspension and delisting.

Fashion trademark disputes often turn on a deceptively simple question: when does a design feature stop being decoration and start functioning as a brand identifier?