We understand the challenges business owners face.
We are excited to announce Jonathon Nicol joining the Kennyhertz Perry team!
Jonathon brings a strategic, results-driven approach to complex business disputes, representing clients in commercial litigation, healthcare transactions, and high-stakes arbitration matters. His ability to navigate challenging legal issues and deliver meaningful outcomes makes him an outstanding addition to our growing team.
A recent example of that work came in a complete defense victory in a JAMS arbitration. Nicol secured a complete defense victory on behalf of his clients in a JAMS arbitration proceeding decided on June 15, 2026.
The arbitration arose out of a proposed acquisition of two California-based medical practices. Mr. Nicol's clients, a healthcare-focused M&A firm and its individual co-founder and executive, were brought into the proceeding as cross-respondents by the medical practices, which sought indemnification from the M&A firm and its executive to the extent the medical practices were found liable to a third-party financial consulting firm for fees alleged to be due under an professional services engagement agreement.
The Arbitrator's award resolved every claim against Mr. Nicol's clients fully and favorably. All claims against the individual executive in his personal capacity were dismissed in their entirety during the arbitration hearing. The indemnity cross-claim brought against the M&A firm, which sought to shift any financial liability onto Mr. Nicol's clients, was denied in full.
As a result of the award, Mr. Nicol's clients bear no financial liability in connection with this proceeding.
"This was a significant result for our clients," said Mr. Nicol. "They were pulled into a dispute that was fundamentally between other parties, and we were committed to demonstrating that there was no legal or factual basis to impose liability on them. The Arbitrator's award reflects that."
Welcome to the team, Jonathon! We're excited to have you at Kennyhertz Perry and look forward to the value he'll bring to our clients and the business community.
To learn more about Kennyhertz Perry, LLC, please visit kennyhertzperry.com.
*The choice of a lawyer is an important decision and should not be based solely upon advertisements.
"Made in USA" is a powerful statement that significantly impacts consumer purchases. However, it is also one of the most visible and increasingly salient concerns regarding unsubstantiated business claims. Due to a White House Executive Order issued on March 13, 2026, "Made in America" claims are about to receive more attention than we have seen in years. If your business manufactures, fabricates, or sells products with foreign components, now is the time to audit your practices.
The "All or Virtually All" Standard
The Federal Trade Commission (“FTC”) has long enforced strict guidelines regarding domestic origin claims. The law is clear: only a product in which "all or virtually all" of it is produced in the U.S. can carry an "unlimited" Made in America claim. For products that do not meet this high bar, businesses must use limited claims to remain compliant. Examples of appropriate qualified claims include:
- Assembly: Assembled in America with American and foreign parts
- Design: Designed in America
- Component Specificity: Engine and Transmission made in America; chassis and body made with foreign parts but assembled in America
- Detailed Disclosures: Specifying foreign-made power units while noting other components are U.S.-made and assembled
New Responsibility for Online Sellers
The March 2026 Executive Order introduces a significant shift: it mandates that online sellers (and in some instances, "sellers" in general) take responsibility for verifying the "Made in America" claims of the products they list. While the Order itself does not create new private rights, it signals a period of vigorous enforcement. We anticipate an ongoing substantial impact characterized by:
- Increased FTC Oversight: New regulations and more aggressive enforcement actions
- State-Level Rigor: States like California have historically been more rigorous than the federal government and are likely to continue aggressive governmental and private enforcement
- Private Actions: A likely rise in aggressive private litigation arising from "unfair and deceptive practices"
Protecting Your Business
You don’t have to make an explicit written statement to get into trouble. The mere use of an American flag in a product photo or background can be interpreted as a claim of domestic origin.
At Kennyhertz Perry, we are a law firm staffed by several former general and in-house counsel with many years of experience advising clients on complex “Made in U.S.A.” issues. We understand how to resolve these matters in a way that is both cost-effective and protective of your brand’s reputation.
By Arthur Chaykin, Kennyhertz Perry, LLC
Arthur Chaykin is head of Kennyhertz Perry’s Intellectual Property practice. He was formerly a Vice-President of Law at the Sprint Corporation where he served as, in succession, their chief litigator, the head of the business law department, and Vice President of the first legal department at Sprint supporting marketing and sales in all areas of Sprint’s business: international, wireless, wireline, local and long-distance services. At Sprint, he also served as the head lawyer for Sprint Ethics and Compliance program. He has since served as General Counsel to a major manufacturer and distributor of automotive lifting equipment and automotive accessories and has represented numerous clients on trademark matters, copyright cases, trade secrets disputes, food safety regulatory issues, and consumer product safety issues. has over 35 years of legal experience handling trademark, patent, copyright, and trade secret litigation and arbitration.
To learn more about Kennyhertz Perry, LLC, please visit kennyhertzperry.com.
*The choice of a lawyer is an important decision and should not be based solely upon advertisements.
A provision slipped into the spending package signed into law to reopen the government effectively reverses a key part of the 2018 Farm Bill, which federally legalized hemp.
Key takeaways:
- The Reversal: The new language significantly narrows the federal definition of "hemp." It effectively bans most intoxicating hemp-derived cannabinoid products, including popular items containing Delta-8 THC, THCA flower, and certain synthetic cannabinoids.
- The Impact: This move is set to outlaw almost all consumable hemp products that have proliferated across the country since 2018, putting an estimated 300,000+ jobs and countless small businesses—from farmers to retailers—at risk.
- The Timeline: The new prohibition doesn't take effect immediately, providing a one-year grace period (until late 2026) before the tougher restrictions on hemp-derived THC products kick in. This window is a critical "lifeline" for the industry to mobilize for legislative or legal action.
You can review the full text of the legislation and its provisions here:
https://www.congress.gov/bill/119th-congress/house-bill/5371
This is a stark reminder of how quickly policy can change and the profound impact that those changes can have on entire industries.
This regulatory whiplash is great for lawyers like me, whose job it is to help businesses navigate the ever-changing regulatory landscape. It’s bad for everyone else.
By Jon Dedon, Kennyhertz Perry, LLC
About Kennyhertz Perry, LLC
Kennyhertz Perry, LLC is a business and litigation law firm representing clients in highly regulated industries. Our dedicated Artificial Intelligence practice group is focused on helping clients navigate the legal, regulatory, and ethical complexities of deploying artificial intelligence in highly regulated sectors such as finance, banking, and real estate. To learn more about the firm, visit kennyhertzperry.com.
*The choice of a lawyer is an important decision and should not be based solely upon advertisements.
OpenAI recently updated its Usage Policy to prohibit "provision of tailored advice that requires a license, such as legal or medical advice, without appropriate involvement by a licensed professional." (Source: OpenAI Usage Policies at https://lnkd.in/gmSXReEE).
Interestingly, this change is limited to professional advice that typically requires a license. It could be that OpenAI felt that dispensing tailored legal and medical advice by its very nature created unacceptable exposure--mistakes can result in serious harm, both in monetary and personal terms. Source: Financial Express Report on liability fears at https://lnkd.in/grcTDFXx].
It could also be that OpenAI is seeking to be proactive in self-regulating in hopes of delaying or avoiding substantive regulation of its output by governmental entities, including state bars and medical licensing authorities.
This appears to be part of a broader trend. Major regulatory frameworks, such as the EU AI Act, are imposing the tightest controls on AI systems used in high-impact areas like health, law, and employment. Likewise, private companies are proactively defining their AI's role as a decision-support tool rather than an autonomous advisor to comply with evolving global standards. [Source: NCSL AI Legislation Trends at https://lnkd.in/gf6yT9da].
And of course, OpenAI previously self-regulated the processing of certain biological data, based on a growing awareness that ChatGPT could be used to create custom pathogens or biological weapons. [Source: OpenAI Preparedness Framework & Biosecurity at https://lnkd.in/gAruaF4k].
As artificial intelligence tools become more and more powerful, governmental regulation appears inevitable. AI companies like OpenAI would understandably prefer to take the lead in defining the terms of the regulations. In addition, AI companies would prefer to identify a human user as the responsible party when bad things happen.
Personally, I'm just happy my profession will continue to exist (for now).
By Jon Dedon, Kennyhertz Perry, LLC
About Kennyhertz Perry, LLC
Kennyhertz Perry, LLC is a business and litigation law firm representing clients in highly regulated industries. Our dedicated Artificial Intelligence practice group is focused on helping clients navigate the legal, regulatory, and ethical complexities of deploying artificial intelligence in highly regulated sectors such as finance, banking, and real estate. To learn more about the firm, visit kennyhertzperry.com.
*The choice of a lawyer is an important decision and should not be based solely upon advertisements.
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