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Last week's American Bar Association Spring Meeting revealed an antitrust landscape defined by heightened friction and tension — between federal and state enforcers, domestic and international regimes, competing political visions, and traditional enforcement tools and novel challenges, say attorneys at Skadden.
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Several states have recently enacted foreign agent registration and disclosure regimes that were modeled after the Foreign Agents Registration Act, but these state laws raise several constitutional questions, including concerns about preemption, speech and petition, and vagueness, says Alexandra Langton at Covington.
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Series
The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.
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The U.S. Food and Drug Administration's recent shift toward using press releases, podcasts and other informal channels to announce major policy changes reflects a valid desire to modernize and accelerate regulatory efforts, but it could lead to diminished transparency, increased industry burden and reduced policy durability, says Rachel Turow at Skadden.
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A recent National Labor Relations Board case, involving a Motorola employee who was terminated for lying about discussing wages, illustrates the broad reach of National Labor Relations Act protections for concerted activity, which may take on new significance as the agency shifts toward more restrained enforcement, say attorneys at BakerHostetler.
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The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.
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The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.
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Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.
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The recent antitrust lawsuit against OhioHealth by the U.S. Justice Department and Ohio attorney general shows that federal and state enforcers are closely examining the competition issues in the healthcare sector, including restrictive contracts and antisteering practices, say attorneys at Freshfields.
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The Office of the Comptroller of the Currency's updates to its final rule on national bank chartering, effective April 1, may augur a showdown between the OCC, states and traditional banking institutions over both the authority of national trust banks to engage in nonfiduciary activities under the National Bank Act, and the scope of federal preemption, says Audrey Carroll at Stinson.
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New York's proposed Oracle Act could if passed force a high-stakes showdown over event contracts in the prediction markets as well as state gambling laws, and legal practitioners should closely monitor litigation, parallel developments in other states, Commodity Futures Trading Commission rulemaking and congressional action, says Linda Goldstein at CM Law.
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The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.
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Staged implementation of California's Responsible Textile Recovery Act, establishing the state's first extended producer responsibility program for apparel and textile articles, has begun — and companies that review their data readiness, contracts and exposure risks now will be best prepared when the act comes into full effect, says Thierry Montoya at FBT Gibbons.
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At this year's SEC Speaks, U.S. Securities and Exchange Commission Chairman Paul Atkins unveiled his ambitious A-C-T agenda — advance, clarify and transform — to align the federal securities regulatory regime with modern markets, illustrating that the conference was not merely a status update but an action plan, say attorneys at Perkins Coie.
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Opinion
The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.