All Perspectives

Welcome to the August 2026 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.

Headlines that Matter for Companies and Executives in Regulated Industries

The Texas Attorney General’s office recently announced a settlement of nearly $34 million with AstraZeneca Pharmaceuticals LP. The settlement resolves allegations that AstraZeneca violated the Texas Health Care Program Fraud Prevention Act (THFPA) — the state-law analog to the federal False Claims Act and Anti-Kickback Statute (AKS) — in connection with the sale of 17 of the company’s drugs.

In a recent Federal Register notice, the US Environmental Protection Agency (EPA) announced that it is conducting a Section 610 review of its Formaldehyde Emission Standards for Composite Wood Products rule.

Family offices depend on a web of trusted advisors — lawyers, accountants, trustees, investment managers, and others — sharing sensitive information under carefully maintained protections. Artificial intelligence (AI) tools are quickly becoming part of that web.

Family Office Services Industry Co-Leader Kevin Matz was featured by Crain Currency on the tax issues that should be top of mind for family offices in the last half of 2026.

ArentFox Schiff represented the New York Sign Museum in its efforts to re-incorporate in New York and secure registration as a museum and charitable fundraising organization.

In Sala v. Premier Imaging Holdings, LLC, 240 Conn. App. 793, 2026 WL 2220267 (Conn. App. Aug. 4, 2026), the Connecticut Appellate Court affirmed the trial court’s decision to overturn an arbitration award that had declared a physician noncompete “valid and binding,” because the arbitration award enforced a restrictive covenant that exceeded the one-year and 15-mile limits for physician noncompetes allowed under CT Gen Stat § 20-14p.

ArentFox Schiff partners Richard Brand and Zak Welsh have been named to The Hollywood Reporter’s 2026 “Top Sports Lawyers” list, which recognizes select attorneys for their work on some of the most significant matters in the sports industry.

ArentFox Schiff is pleased to announce that 125 attorneys have been recognized by The Best Lawyers in America 2027, with two attorneys highlighted as “Lawyers of the Year” and 36 attorneys listed as “Ones to Watch.”

On August 18, the DC Circuit handed down its decision in Chamber of Commerce v. EPA, unanimously upholding the US Environmental Protection Agency’s (EPA) designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) — and in doing so, unlocked the law’s powerful enforcement tools against two per- and polyfluoroalkyl substances (PFAS) compounds.

ArentFox Schiff is pleased to announce that Partner Ehsun Forghany has been named to Benchmark Litigation’s 40 & Under List, recognizing him amongst the “best and brightest litigators across the US.”

New York City’s Pied-à-Terre (PAT) surcharge, pursuant to New York State Tax Law Article 30-C, officially took effect on July 1, 2026. The PAT is an annual property tax aimed at individuals who own a residential property in New York City that is not their primary residence. The annual surcharge applies retroactively to January 1, 2026, and sunsets on June 30, 2031, unless extended by the New York State Legislature.

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?