The US Departments of Treasury, Labor, and Health and Human Services have issued a sweeping final rule (CMS-9897-F) implementing significant changes to the Federal Independent Dispute Resolution (IDR) process established under the No Surprises Act (NSA).
On March 13, President Trump signed an executive order (EO) titled “Ensuring Truthful Advertising of Products Claiming to be Made in America,” directing the Federal Trade Commission (FTC) to prioritize enforcement against false or unsubstantiated “Made in USA” and similar American-origin claims.
David R. Hamill, James Kim*, Katie L. Gustafson, Mario A. Torrico, Andrew McArthur, Birgit Matthiesen
On June 3, President Trump signed an executive order (EO) titled “Strengthening Customs Enforcement” that does not impose a single new tariff yet may prove to be one of the most consequential trade actions of the year for importers.
Cissy Jackson, Kevin R. Pinkney, Shira Helstrom, Brian D. Schneider, Douglas A. Grimm, Jon S. Bouker
On May 29, the Office of Management and Budget (OMB) and over 40 federal agencies jointly issued a proposed rule that would significantly change the government-wide framework for grants and cooperative agreements and clarify that what is currently called “guidance” will, as amended, be a binding regulation.
Prop 65 Counsel: What To Know
The tariff rollercoaster continues! Late in the evening on June 2, the US Trade Representative (USTR) issued its much anticipated notice of determinations in its Section 301 investigation concerning the failure of various economies to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.
Linda M. Jackson, Matthew F. Prewitt, Allan E. Anderson, Ehsun Forghany, Nicholas J. Nesgos, Alexander H. Spiegler, Meghan F. Hart, John M. Hindley, Nicole Curtis Martinez
In a 2-1 decision authored by Judge Timothy B. Dyk, the Federal Circuit reversed a jury verdict awarding Insulet Corporation over $59 million in compensatory and exemplary damages for trade secret misappropriation under the Defend Trade Secrets Act (DTSA).
On May 28, the US Environmental Protection Agency (EPA) issued a final rule that reinstates the longstanding emergency affirmative defense provision under the Clean Air Act’s Title V operating permit programs (the “Emergency AD” rule).
D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Pascal Naples, John M. Hindley
Headlines that Matter for Companies and Executives in Regulated Industries
In Mandel v. Last Brand, Inc. d/b/a Quince, direct-to-consumer retailer, Quince, is pushing back against a proposed class action that accuses it of defrauding customers as to the pricing of its products sold on its website.
On May 14, the US Supreme Court issued a unanimous opinion in Jules v. Andre Balazs Properties, resolving a circuit split on a question of practical importance to parties litigating in federal court who are subject to arbitration agreements.
On May 1, the Connecticut legislature approved Senate Bill 5 (SB 5), an Act Concerning Online Safety, which Governor Ned Lamont has indicated he intends to sign.
Ralph V. De Martino, Cavas S. Pavri, Johnathan C. Duncan, Marc E. Rivera, Jeffrey J. Kennedy, Marina Phillips, Kendall K. Murphy
The US Securities and Exchange Commission (SEC) has proposed comprehensive amendments to modernize securities registration. The proposed rules would dramatically expand Form S-3 eligibility, replace the well-known seasoned issuer (WKSI) framework for domestic issuers with a new three-tier system, modernize Form S-1, and preempt state securities law registration for all registered offerings.
One week after the US House of Representatives passed a Farm Bill that expressly integrates food security into national security, Congressman John Moolenaar, Chairman of the Select Committee on China, and 13 bipartisan cosponsors introduced a standalone bill that would take significant additional steps aimed at safeguarding US national security and food security.
On April 20, the Delaware Court of Chancery issued a post-trial opinion in DSM HoldCo, Inc. v. Demoulas, upholding the termination of Arthur T. Demoulas as president and CEO of the Market Basket grocery store chain.
D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Sean A. Worley, John M. Hindley
Headlines that Matter for Companies and Executives in Regulated Industries
On April 29, the US Food and Drug Administration (FDA) published a Request for Information (RFI) seeking public comment on a proposed pilot program to test the use of artificial intelligence (AI) in early-stage clinical trials for drugs and biologics. Comments are due June 29.
The US Securities and Exchange Commission (SEC) has formally rescinded Rule 202.5(e) — the “gag rule” — which had been in effect since 1972.
Angela M. Santos, Antonio J. Rivera, Diana Dimitriuc Quaia, James Kim*, Sylvia G. Costelloe, Lucas A. Rock, Mario A. Torrico, Maya S. Cohen, Tyler J. Kimberly, Riyaz Dattu*
Welcome to the May 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.
Colorado scrapped its original artificial intelligence (AI) law (SB 24-205) before it could take effect on June 30, and replaced it with SB 26-189, which is effective January 1, 2027.
Until recently, no state or federal law specifically governed ownership or rights in agricultural and livestock data. If ownership allocations were addressed at all, it was by contract.
A $4.7 million jury verdict against Wayfair underscores the risks employers in Massachusetts face when handling employees’ return from paid leave.
Linda M. Jackson, Matthew F. Prewitt, Allan E. Anderson, Ehsun Forghany, Nicholas J. Nesgos, Alexander H. Spiegler, Meghan F. Hart, John M. Hindley
Tennessee is the latest jurisdiction to enact legislation restricting and defining the permissible use of noncompete agreements.
On May 12, the US Department of Justice (DOJ) announced that Perfectus Aluminum Inc., Perfectus Aluminum Acquisitions LLC, and four affiliated warehousing companies agreed to one of the highest customs fraud settlements ever: a $549.5 million resolution of civil False Claims Act (FCA) allegations that they knowingly evaded antidumping and countervailing duties (AD/CVD) on aluminum extrusions imported from China.
On May 13, the Centers for Medicare & Medicaid Services (CMS) implemented two separate nationwide moratoria that halt the Medicare enrollment of new home health agencies (HHAs) and hospice providers. The moratoria took effect immediately.