All Perspectives

In the environmental space, there is perhaps no more closely watched issue than how the US Environmental Protection Agency (EPA) defines the Clean Water Act term, “waters of the United States.”

Now in its 13th year, the Patent Trial and Appeal Board (PTAB) remains a central forum for resolving patent validity disputes.

Headlines that Matter for Companies and Executives in Regulated Industries

Welcome to the November 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.

The US Patent and Trademark Office (USPTO) recently launched the Streamlined Claim Set Pilot Program — a new initiative designed to expedite patent examination for eligible patent application by advancing them out of turn until the issuance of a first Office Action.

On October 30, the Illinois General Assembly passed the Clean and Reliable Grid Affordability Act (CRGA), an omnibus energy bill creating incentives for energy storage projects.

The plaintiff, BDO USA, P.C. is an accounting and professional services advisory firm. The defendants are Ankura Consulting Group, LLC, Ankura’s CEO Kevin Lavin, and Phuoc Vin Phan.

On June 12, 2023, Deckers Outdoor Corporation, owner of the UGG brand, sued Quince, an affordable fashion e-commerce company, alleging that Quince’s shearling lined boots infringed Deckers’ unregistered trade dress and one design patent (US Patent D927,161) (the “’161 Patent”) covering one of its most popular boots, the Classic Ultra Mini Boot.

On October 31, the Centers for Medicare & Medicaid Services (CMS) issued a final rule announcing changes for Medicare payments under the Physician Fee Schedule (PFS), effective on or after January 1, 2026.

The last legislative session in California brought with it a wave of changes to California employment law.

Privacy & Data Security Co-Chair Reed Freeman and Associate Michelle Bowling will lead a session titled “Update on the FTC’s Privacy Program Under Trump/Ferguson” on November 12, 2025.

Health Care Practice Leader Douglas Grimm was quoted in a recent article discussing the rising popularity of joint operating agreements (JOAs) among health systems facing industry pressures.

Join ArentFox Schiff’s Rob Carrol, Lynn Fiorentino, Morgan Forsey, Jeffrey Weston, Brett Young, Sai Paspulati, and Alex Rafuse, for a program tailored to employers with California operations. This session will translate rapidly evolving legal developments into practical guidance you can apply to hiring, pay practices, compliance programs, risk mitigation, and employee communications heading into 2026.

The US Food and Drug Administration (FDA) regulates the products hospitals and health systems use, make, or study. As health system innovations increasingly leap quickly across service lines, regulatory obligations can shift in real time.

A recent European Court of Human Rights (ECHR) decision on the obligations of European states to study carbon-intensive permitting decisions crystallizes how global climate commitments may be beginning to harden into justiciable standards in some jurisdictions.

The decision concerns eight patents owned by Stellar, LLC that were the subject of Motorola Solutions, Inc.’s inter partes review (IPR) petitions.

In the fourth episode of “Tax Stuff You Should Know,” hosts Bob Pluth and Gene Magidenko delve into the concept of profits interests, a valuable tool for partnerships and limited liability companies to reward service providers without triggering immediate adverse income tax consequences.

ArentFox Schiff advised Ramaco Resources, Inc., an operator and developer of high-quality, low-cost metallurgical coal and a developing producer of coal, rare earth, and critical minerals, in a novel, three-pronged registered public financing — requiring the utmost sophistication in securities law.

Headlines that Matter for Companies and Executives in Regulated Industries

Government Relations Partner Elizabeth Horner will participate in a webinar about the impact of the National Environmental Policy Act (NEPA) on clean energy deployment in the US on November 10, 2025.

AFS partner Kevin Matz will be speaking at the NYSSCPA’s Queens-Brooklyn In Person Tax Conference on November 10.

Ford is considering discontinuing its electric F‑150 Lightning after racking up roughly $13 billion in EV losses since 2023, reflecting broader industry headwinds for large electric pickups as demand cools, costs remain high, and incentives fade.

On his first day in office, President Trump declared a national energy emergency and instructed federal agencies to use emergency procedures to facilitate domestic energy production. On October 29, the US Army Corps of Engineers issued its first Clean Water Act Section 404 permit under the president’s energy emergency declaration and its emergency procedures.

AFS Partner Tom Abendroth co-presented in a webinar for the American Bankers Association (ABA) 2025 Wealth Management and Trust Webinar Suite on November 6.

In the midst of a record-setting government shutdown, partisan divisions are deep, and legislating can appear zero-sum.