On March 31, the American College of Investment Counsel (ACIC) released comprehensive updates to all four Model Form Note Purchase Agreements used in domestic and cross-border private placement transactions.
D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Rebekkah R.N. Stoeckler, Elizabeth McLaughlin
Headlines that Matter for Companies and Executives in Regulated Industries
Prop 65 Counsel: What To Know
The Federal Trade Commission’s (FTC) recent case against OkCupid and Match Group Americas is a classic FTC Section 5 deception action focused on false and misleading privacy promises about third-party data sharing, with the notable distinction that the third-party recipient was an artificial intelligence (AI) company.
On April 2, President Trump signed a new Proclamation titled “Strengthening Actions Taken to Adjust Imports of Aluminum, Steel, and Copper Into the United States,” which fundamentally restructures how Section 232 tariffs are assessed on steel, aluminum, copper, and their derivative products.
Historically, menopause has not been specifically identified as a protected medical condition under state and federal law, even though its related symptoms in many cases are medical conditions covered by existing leave and accommodation laws. That is rapidly changing.
As many FBA members know by now, the FBA realized a significant and longstanding objective in December of 2025 with the enactment of the Foundation
of the Federal Bar Charter Amendments Act.
In 2025 alone there were over 1,000 lawsuits filed alleging violations of the California Invasion of Privacy Act (CIPA). Plaintiffs typically allege that third-party cookies, pixels, or other tracking mechanisms violate various aspects of CIPA as either wiretapping or trap and trace devices.
Forget science fiction — the race to wire computers directly into the human brain is well underway, and it is moving fast.
D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Elizabeth McLaughlin, Rebekkah R.N. Stoeckler
Headlines that Matter for Companies and Executives in Regulated Industries
On March 9, a federal court in Connecticut issued a decision in Abira Medical Laboratories LLC v. Aetna Inc. et al. that underscores the continuing importance of clear and comprehensive assignment-of-benefits language in payer disputes.
The False Claims Act (FCA) is the single-most powerful tool for rooting out fraud against the US government, and any nonprofit that receives federal funds should ensure compliance is integrated into its programs to avoid the severe penalties that can come with FCA violations.
The federal government is reshaping the rules for how data centers obtain power. In the past four months, the White House, Federal Energy Regulatory Commission (FERC), and US Congress have each taken significant action on data center energy policy that will influence how facilities are sited, powered, and interconnected for years to come.
When confronted with defense arguments that the alleged misappropriation should have been discovered sooner with reasonable diligence and as such the claims were time-barred, the Eastern District of Virginia holds that the plaintiff, SkyBell, prevails due in part to contractual restrictions limiting Alarm.com’s permitted uses of licensed — and allegedly misappropriated — SkyBell technology; and that, without the benefit of hindsight the court can not conclude SkyBell was on notice.
D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Meghan F. Hart, Elizabeth McLaughlin
Headlines that Matter for Companies and Executives in Regulated Industries
California employers can breathe a sigh of relief. On March 17, the Fifth District Court of Appeal issued a significant, published decision in Ayala-Ventura v. Superior Court that is likely to maintain enforceability of employee arbitration agreements in the state.
On March 11, US Patent and Trademark Office (USPTO) Director John A. Squires issued a Memorandum setting forth three additional discretionary factors for Inter Partes Review (IPR) and Post Grant Review (PGR) institution decisions, all organized around US manufacturing and small business status. When deciding whether to institute a review, the director will now consider the following.
The Trump Administration’s tariff strategy has undergone a significant legal pivot in recent weeks. After the February 20 US Supreme Court ruling that invalidated the International Emergency Economic Powers Act (IEEPA) tariffs, the Administration immediately announced that they would impose tariffs under alternative authorities, seemingly in an attempt to mirror the IEEPA tariff regime.
Branded residences, which are residential properties that offer residents hotel-caliber services and amenities in everyday life, most often tied to well-known hospitality or luxury retail brands, are experiencing unprecedented growth and are reshaping the landscape of real estate development in the United States and globally.
On March 12, the District of Columbia Court of Appeals issued a landmark decision interpreting the District’s Anti-SLAPP Act, the statutory scheme directed at deterring Strategic Lawsuits Against Public Participation (SLAPPs). The court’s opinion reinforces the utility of the Anti-SLAPP Act’s special motion to dismiss framework for early dismissal of meritless litigation targeting speech on matters of public interest, and the significant hurdles SLAPP plaintiffs face to survive such motions, particularly in cases brought by public or limited public figures.
Michelle J. Shapiro, William P. Ziegelmueller, Alexander S. Birkhold, Apeksha Vora, Meghan F. Hart, Meredith Gillespie
On March 10, the US Department of Justice (DOJ) announced its first uniform Corporate Enforcement and Voluntary Self-Disclosure Policy (DOJ CEP).
R. Erica Roque, Angela M. Santos, George P. Angelich, Adam D. Bowser, Lynn R. Fiorentino, Matt Finkelstein*, Alex Garel-Frantzen, Thorne Maginnis, Berin S. Romagnolo, Jeffrey B. Weston, James E. Britton, Emily P. Caylor, Amanda Peterson, Lucas A. Rock, Yusra H. Siddique, Natasha Weis, Felicia A. Xu, Alexis Glynn
As in 2025, the first few months of 2026 have seen fashion and retail companies operating in an environment where legal developments increasingly shape day-to-day business decisions, and the same is expected to continue throughout the rest of the year.
Nancy J. Puleo, Kelly K. Ballentine, Roxana Bokaei, Robert K. Carrol, Nicholas L. Collins, Morgan Forsey, Daniel J. McQueen, Kimia Pourshadi, Alex Rafuse, Berin S. Romagnolo, Alexandra M. Romero, Lauren C. Schaefer, Brett Young
As we approach the close of the first quarter of 2026, our Labor, Employment & OSHA team highlights some of the leading legal developments and issues that employers face, including the reshaping of the National Labor Relations Board (NLRB); artificial intelligence (AI) regulation at the state level; continuing expansion of state paid family and medical leave laws; challenges to diversity, equity, and inclusion (DEI) in the workplace; and changes to the Equal Employment Opportunity Commission’s (EEOC) guidance and enforcement.
On January 20, the Virginia Court of Appeals issued an opinion interpreting the meaning of the term “knowledge” within Virginia Code § 13.1-1021.1(C), a provision of the Virginia Limited Liability Company Act (LLC Act) governing real property transfers by limited liability company (LLC) managers.
On March 13, the Federal Trade Commission (FTC) sent warning letters to 97 automobile dealership groups, putting them on notice that their pricing practices may violate Section 5 of the FTC Act, which prohibits unfair or deceptive acts or practices (UDAP) as well as unfair methods of competition.