Alerts

In recent months, three federal courts have refused to enforce expansive US Department of Justice (DOJ) administrative subpoenas issued to providers of gender-affirming care, concluding the subpoenas were issued for an improper purpose or exceeded the government’s statutory authority. These rulings are significant.

On December 12, the Eleventh Circuit heard the much-anticipated oral arguments in United States ex rel. Zafirov v. Florida Medical Associates LLC concerning the constitutionality of the False Claims Act’s (FCA) qui tam provisions.

Kevin Timson talks with Mercer Capital Vice President David Harkins, who shares insights into automotive dealership valuation.

On December 11, the White House issued a sweeping Executive Order (EO) that sets a national policy favoring a minimally burdensome federal framework for artificial intelligence (AI).

Cryptocurrency is creeping into the municipal market. This is an unusual development for a market known for its prudent fiscal practices. It is actually quite astonishing.

Welcome to the December 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.

Headlines that Matter for Companies and Executives in Regulated Industries

Federal regulators are taking a coordinated step to accelerate the responsible integration of digital health technologies into routine care.

Companies have long dreaded litigation filed by federal environmental regulators because such cases tended to last forever and posed financial and representational risk.

New York City employers should prepare to comply with additional changes to the Earned Safe and Sick Time Act (ESSTA) and the Temporary Schedule Change Act (TSCA).

In a closely watched consumer protection lawsuit, a federal court has ruled that Chipotle’s loyalty rewards points are not “gift certificates” or “gift cards” under either New York or California law.

A clear, well-written terms of use agreement is essential for e-commerce sellers and online service providers seeking to manage the risk of litigation through provisions such as arbitration clauses and class action waivers.

No need to bring a crib sheet, the US Securities and Exchange Commission (SEC) Division of Examinations just revealed (some of) this year’s test.

For the first time in 15 years, the World Bank Group (WBG) has updated their Integrity Compliance Guidelines.

On April 23, President Donald J. Trump issued Executive Order (EO) No. 14281 entitled “Restoring Equality of Opportunity and Meritocracy,” which qualifies “disparate-impact liability” as “pernicious” and concludes that disparate-impact liability violates the US Constitution.

On December 4, the US Patent and Trademark Office (USPTO) issued a memorandum to the Patent Examining Corps reinforcing its existing subject matter eligibility framework under 35 U.S.C. § 101 and calling renewed attention to a voluntary evidentiary tool, Subject Matter Eligibility Declarations (SMEDs) under 37 C.F.R. § 1.132.

The Fourth Circuit reversed a district court’s dismissal of a trade secret misappropriation claim under the Defend Trade Secrets Act (DTSA) where the district court concluded that a company did not plausibly allege that it took reasonable measures to protect the secrecy of proprietary software.

Headlines that Matter for Companies and Executives in Regulated Industries

A federal jury in Massachusetts ordered Beyond Meat, Inc. to pay $38.9 million to Sonate Corp. d/b/a Vegadelphia Foods for willful trademark infringement tied to slogans used in national advertising for meat-free products.

Massachusetts Federal District Judge Indira Talwani recently issued a decision in the case of Serebrennikov v. Proxet Group LLC, holding that an internationally based employee has standing to bring a claim under the Massachusetts Wage Act.

The US Food and Drug Administration (FDA) has withdrawn its proposed rule on standardized testing methods for detecting and identifying asbestos in talc-containing cosmetics, almost exactly one year after publication.

Foreign nationals from 19 countries and all asylum applicants and refugees are facing severe restrictions on their ability to enter, live, and work in the United States. Employers should take note since it impacts the ability of their employees to extend their work authorization and travel.

Prop 65 Counsel: What To Know

Judge Kathryn Kimball Mizelle’s ground-breaking decision in Zafirov v. Florida Medical Associates LLC and Justice Clarence Thomas’ solo dissent in US ex rel. Polansky v. Executive Health Resources Inc. have revived what many had viewed as a settled constitutional question.

A putative class action against Whoop, the wearable technology company, uses the US Food and Drug Administration’s (FDA) July 2025 warning letter regarding its new blood pressure product feature as a litigation springboard. The case shows how misalignment with regulators’ expectations can quickly cascade from agency scrutiny to consumer litigation.