Amid the growing scrutiny of ultra-processed foods, or UPFs, this Advisory highlights major trends impacting the food industry — from evolving state and federal regulations to emerging litigation. The uptick in these trends demonstrates that companies need to develop strategies to account for federal, state, and litigation priorities.
For a variety of reasons discussed in this Advisory, tariffs are unlikely to be a basis for allowing a contracting party to avoid contractual obligations. Read on to learn the steps that businesses can take now to mitigate the impact of tariffs and plan for future disputes related to pricing, operations, and supply chain, as well as to assist in current contracting efforts.
On April 9, 2025, President Trump issued four executive orders and presidential memoranda directing a range of deregulatory actions by agencies across the executive branch. These orders are remarkable in their scope, directing agencies (even independent ones) to review and revoke an expansive set of regulations across numerous subjects. But the orders are also remarkable in the procedures they compel.
On April 2, 2025, the U.S. Supreme Court ruled in a 5-4 decision that although the Racketeer Influenced and Corruption Organizations Act (RICO) does not permit recovery for personal injuries, it does permit claims for business or property loss resulting from personal injuries. Medical Marijuana Inc., et al. v. Horn. The Court’s interpretation of section 1964(c) purports to resolve a circuit split over this question and could significantly broaden the scope of damages available under RICO.
The Texas Supreme Court recently issued an important decision in Kelley v. Homminga regarding the jurisdiction of the Fifteenth District Court of Appeals (the Fifteenth Court). Under the Texas Government Code, the Fifteenth Court — which was established last year — has statewide jurisdiction but also “exclusive” jurisdiction over particular categories of cases, including appeals involving the state government and appeals from the newly created Texas Business Court. In Kelley, the Fifteenth Court ruled that its jurisdiction extends to essentially all civil appeals in Texas. The Texas Supreme Court reversed, holding that the Fifteenth Court’s jurisdiction is limited to the categories of its exclusive jurisdiction set out under the Texas Government Code, and interpreted the court’s statewide jurisdiction as merely giving it statewide authority over appeals within the exclusive categories. This decision significantly limits the scope of cases that may be heard in the Fifteenth Court and confirms that most appeals in Texas will go to the applicable regional courts of appeals.
In a significant victory for companies litigating in Illinois state court, the defendants in the Zantac litigation recently prevailed on a motion to dismiss the claims of nearly 200 out-of-state residents who alleged out-of-state injuries.
The U.S. Fifth Circuit’s recent decision in Savoie v. Pritchard, 122 F.4th 185 (5th Cir. 2024), has given new life to the “fiduciary shield” doctrine — an exception to a U.S. court’s personal jurisdiction over certain corporate officers and employees.
The United States has long held the well-earned position of a world leader in cutting-edge scientific research and innovation. In the past few weeks, the second Trump administration has taken active steps to significantly reshape various aspects of the United States’ federal funding infrastructure, the effects of which are reverberating across all industry sectors. These actions include the February 7, 2025 announcement that the National Institutes of Health (NIH) will cap the indirect costs NIH grantees can recoup at 15% of the amount of each grant.
The Court of Appeal (CoA) has overturned the decision of the Competition Appeal Tribunal (CAT) in Hydrocortisone, which stated that the UK Competition and Markets Authority (CMA) had failed to properly put its case to a witness in cross-examination. The CoA concluded that the CAT had strayed from the appropriate procedural path in a number of ways. The CoA’s decision is a reminder that the procedural flexibility that the CAT may exercise is not unlimited. The judgment also clarified that dishonesty does not form part of the legal test for proving a breach of the Chapter I prohibition in the Competition Act 1998.
Our 2024 post-election analysis is designed to help you navigate the new political landscape created by the recent elections. Our analysis discusses how major policy issues and economic sectors will fare in the next four years under the new administration and the incoming Congress.
The Bankruptcy Court for the District of New Jersey recently held that third-party successor liability tort claims against various successors in interest (collectively, the Successors) to Whittaker, Clark & Daniels, Inc. and its affiliates (collectively, the Debtors) stemming from the Debtors’ production and sale of talc are property of the bankruptcy estate, and may not be asserted by third-party claimants against the Successors. This decision adopts an expansive view of the bankruptcy estate insofar as such third-party successor claims would not otherwise be assertable by the Debtors in the absence of the bankruptcy case. While the result deprives third-party litigants of the ability to pursue their own claims against successors to the Debtors’ prior business, it affords the Debtors the ability to pursue or settle successor liability claims on an aggregate basis for the benefit of all creditors.
Please join Arnold & Porter attorneys for their discussion of consumer arbitration agreements, including their benefits, best practices, common pitfalls with designing these agreements, examples of creative strategies for deploying them in court, recent key court rulings, litigation trends
Before the Consumer Rights Act 2015 introduced collective proceedings, there was no U.S.-style class action regime in the UK. Although the UK collective proceedings regime (the UK CPO regime) differs from its U.S. counterpart in several important respects, the UK CPO regime similarly allows claims on an opt-out basis, i.e., individuals suing on behalf of a whole class, without any active participation by class members.
A series of recent studies by the same group of researchers have raised concerns regarding the safety and health impacts of artificial sweeteners, specifically erythritol and xylitol. While these papers have weaknesses and suggest the need for further research, they nonetheless could increase the risk of potential litigation related to product safety, consumer protection, and regulatory compliance. This Advisory outlines key considerations and recommended actions for entities involved in the production, marketing, or distribution of these sweeteners and products containing these sweeteners.
Last year, the Texas State Legislature created a new trial court — the Texas Business Court — and a new intermediate appellate court — the Fifteenth Court of Appeals. Both will begin operating on September 1, 2024, and are intended to create a statewide, specialized court system to adjudicate complex business disputes. Additionally, the Fifteenth Court will provide an exclusive, statewide track for appeals in many cases by or against the state, or involving challenges to the constitutionality or validity of state laws. Companies are weighing how these new courts impact litigation strategy, forum selection clauses for major contracts and transactions, and corporate governance decisions.
