Follow Expert Insight, Commentary, and Intelligence On...

In the Sunday Book Review, Tom Fox considers books that would interest compliance professionals, business executives, or anyone curious. It could be books about business, compliance, history, leadership, current events, or anything… more

Key Takeaways - The USPTO has formally expanded its discretionary framework. As of March 11, the Director will consider U.S. manufacturing footprint and small business status when deciding whether to institute IPR and PGR proceedings… more

On March 12, 2026, the US Senate passed, by a vote of 89 to 10, bipartisan housing legislation that includes a prohibition on large institutional investors (“LIIs”) purchasing single-family homes (“SFHs”). The legislation, H.R. 6644… more

Key Takeaways - FDA explains what must be “new” to qualify for three years of non-patent market exclusivity. In a new draft Q&A guidance, FDA walks sponsors through what makes a clinical investigation “new,” how to support exclusivity… more

Exit activity continues to gain momentum, based on data from S&P Capital IQ. The number of transactions in which the seller is a PE or VC sponsor reached 148 in January, the highest monthly total in the data series going back to 2023… more

On March 5, 2026, the U.S. Securities and Exchange Commission (“SEC”) issued an order (the “Order”) granting directors and officers of certain foreign private issuers (“FPIs”) an exemption from the insider reporting requirements of… more

The North Sea stands at a defining moment as geopolitical shocks, deepening fiscal uncertainty and weakening investment conditions reshape the outlook for the UK’s offshore sector. The conflict in the Middle East has driven Brent crude… more

Industry Groups Petition NLRB for Rulemakings - Several industry groups submitted rulemaking petitions to the National Labor Relations Board (NLRB) this week. A Petition filed on March 12 requests that the Board commence a… more

Key Takeaways - FDA has proposed a Plausible Mechanism Framework for ultra-rare disease therapies. The February 2026 draft guidance explains how sponsors may demonstrate safety and effectiveness when traditional randomized controlled… more

Almost all deals in the fund finance market have historically performed as expected, albeit with occasional bumps in the road. However, in the back of most parties’ minds is planning for the “what-if” a relationship or a credit takes a… more

On March 4, 2026, the Brazilian National Agency for Petroleum, Natural Gas and Biofuels (“ANP”) published Resolutions No. 995/2026 and No. 996/2026, which implements the National Program for Decarbonization of Natural Gas Producers and… more

Recent widespread adoption of generative artificial intelligence (GAI) tools has introduced a fundamental legal question: what cognizable right, if any, attaches to content produced by an AI system? As AI-generated text, images, music… more

Key Takeaways - Recent actions against companies including Nike and Coca-Cola indicate that the EEOC is actively applying its 2025 guidance on DEI-related discrimination under Title VII… more

What Happened? On February 10th, the U.S. Government Accountability Office (the GAO) published a report on nonbank mortgage servicers’ financial risk due to their growing role in the U.S. housing finance system, titled “Nonbank… more

The Ninth Circuit reversed a lower court and held that insurer Atlantic Specialty (as successor to One Beacon) had a duty to defend an employee’s suit against his employer, a semiconductor manufacturer. In the underlying claim, the… more

In an important decision relating to the procedure for appealing first instance decisions under Section 68 (and certain other provisions) of the Arbitration Act 1996 (the “Act”), the Court of Appeal has ruled that it (i.e., the… more

For residential sales transactions in Florida, one contract form gets used more than any other –the Florida As Is Residential Contract for Sale and Purchase.  The drafters intended it to be simple: just fill in the blanks.  But, those… more

Where Training, Certification, and Community Come Together - Join us in Denver, CO for in-person learning built for case management professionals, BITs/CARE teams, and campus partners supporting student safety and wellness. Attend… more

On March 6, 2026, the U.S. Court of Appeals for the Sixth Circuit issued a significant decision in Brown‑Forman Corporation d/b/a Woodford Reserve Distillery v. National Labor Relations Board, rejecting the Board’s controversial 2023… more

The Department of Finance (Canada) (“Finance”) recently released its second round of proposals related to hybrid mismatch arrangements (the “Round 2 Proposals”). These new rules, which build upon a first round of proposals originally… more

The United States is taking steps to secure access to critical minerals as geopolitical competition and supply chain pressures intensify. This alert discusses Project Vault, the proposed US Strategic Critical Minerals Reserve announced… more

In a multipart series, we're examining important points to consider when negotiating commercial real estate purchase and sale contracts from the perspectives of buyers and sellers. Our prior posts addressed negotiating contract terms… more

On March 11, 2026, the Massachusetts Attorney General’s Office (“AGO”) disapproved a proposed temporary zoning moratorium on large-scale solar installations and battery energy storage systems (“BESS”) in the Town of Blandford. The… more

On March 11, 2026, the Securities and Exchange Commission (“SEC”) and Commodity Futures Trading Commission (“CFTC”) announced that they have entered into a new Memorandum of Understanding (“MOU”) to coordinate rulemaking, supervision… more

On 12 March, 2026, Provisional Measure No. 1,340/2026 ("PM No. 1,340/2026") was published in an Extra Edition of the Official Gazette. The Provisional Measure… more

The conversation around AI in legal has moved decisively on. A clear theme emerged from our recent Chief AI Officer panel discussions: the question is no longer whether to use AI, but how to deploy it responsibly, at scale, and with… more

This week, I had the pleasure of speaking with my colleagues, Carla N. Hutton, Senior Regulatory Analyst for B&C, and Lindsay A. Holden, Ph.D., DABT, Senior Toxicologist/Regulatory Scientist for B&C and The Acta Group (Acta®), our… more

In this episode of Wicked Coin, Diana Shaw and Tatiana Sainati explore one of the most disturbing healthcare fraud schemes in U.S. history: a trusted oncologist who exploited patients’ deepest fears, administering often devastating… more

The Washington Legislature has approved Engrossed Substitute House Bill 1155 (ESHB 1155), a sweeping measure that would eliminate nearly all non-competition covenants for employees and independent contractors. The bill, passed on March… more

The U.S. Department of the Treasury and IRS on February 12, 2026, released Notice 2026-15, which provides initial guidance regarding Prohibited Foreign Entity (PFE) Rules, specifically how to calculate the material assistance cost… more

Robust oversight of the compliance program by a company’s board of directors makes a meaningful – and often critical – difference. Boards can provide chief compliance officers (CCOs) with the independence and authority required for an… more

On March 12, 2026, the U.S. Court of International Trade (“CIT”) issued an order confirming that U.S. Customs and Border Protection (“CBP”) is making “satisfactory progress” towards developing a process to issue refunds of unlawfully… more

Oregon lawmakers ended the 2026 short legislative session with a modest but noteworthy change aimed at one of the state’s fastest-growing housing needs: housing for older adults. House Bill 4082 creates a limited pathway for certain… more

According to recent reports, White House Press Secretary Karoline Leavitt has stated that “[i]n the interest of national defense, the White House is considering waiving the Jones Act for a limited period of time to ensure vital energy… more

The Federal Trade Commission (FTC) announced on March 11, 2026 that it is seeking public comment on an Advance Notice of Proposed Rulemaking (ANPRM) regarding the agency’s Negative Option Rule (formally known as the Rule Concerning the… more

State attorneys general (AGs) from across the political spectrum have refused to join the U.S. Department of Justice’s (DOJ) midtrial settlement with Live Nation. The bipartisan multistate coalition vowed to “keep fighting this case… more

The U.S. Transportation Department sued the California Air Resources Board on Thursday in U.S. District Court in California, claiming the state’s zero-emission vehicle and tailpipe greenhouse gas emissions rules are illegal and… more

In recently decided Sound View Innovations, LLC v. Hulu, LLC, (“Sound View”), the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a district court holding that Sound View Innovations’ patent (the ‘213 patent) required a… more

BLOG OVERVIEW: The EU Pay Transparency Directive (Directive (EU) 2023/970) requires all EU member states to transpose binding pay transparency and pay equity obligations into national law by June 7, 2026, with gender pay gap reporting… more

Les demandes privées présentées au Tribunal de la concurrence (le « Tribunal ») prennent de l’ampleur, plusieurs affaires étant en cours de traitement et une nouvelle décision du Tribunal établissant les paramètres pour l’obtention de… more

One of the beneficial characteristics of the response to the COVID -19 pandemic were pledges from companies involved in developing vaccines (such as Moderna, Pfizer, BioNTech, and others) not to enforce patents on relevant technology… more

The European Parliament (EP) has published a report (dated 27 February), adopted by its Economic and Monetary Affairs Committee (ECON), on the European Commission's (EC) legislative proposal for a Directive amending the Markets in… more

The first year of President Donald Trump’s second term has introduced disruption in Latin America, but it has also clarified the new rules of engagement. For those operating in the region, the challenge is no longer whether policy… more

Welcome to the Benesch White Collar 2025 Wrap Up & 2026 Forecast… more

On March 4, 2026, the EU Commission released the long-anticipated proposal for its Industrial Accelerator Act designed to reinforce the European Union's manufacturing industry in response to recent extensive public support initiatives… more

Background - On March 11, the SEC and the CFTC (the Agencies) announced a new MOU designed to strengthen coordination between the Agencies on regulatory matters involving overlapping jurisdictions. The MOU reflects the increasing… more

Key point: The Utah legislature just passed a first-of-its-kind digital identity law that gives residents new rights over what personal information they share when verifying their identity. If your business chooses to participate as a… more

A federal appeals court has invalidated a National Labor Relations Board (NLRB) standard that eased a union’s path to recognition. On March 6, 2026, the Sixth Circuit U.S. Court of Appeals ruled that the NLRB overstepped its authority… more

The U.S. District Court for the District of North Dakota granted a franchisee’s motion to dismiss for failure to state a claim and its motion for Rule 11 sanctions, finding that franchisor ABC, Inc. improperly attempted to relitigate… more

In a recent decision, the Delaware Court of Chancery held on summary judgment that a borrower’s grant of a security interest in substantially all of its assets, including its rights under a license agreement, constituted an… more

On March 2, 2026, the U.S. Supreme Court denied certiorari in Thaler v. Perlmutter, ending—at least for the moment—the most prominent effort to secure copyright protection for works created entirely by artificial intelligence… more

When determining whether to institute inter partes review (IPR) and post-grant review (PGR) proceedings, the U.S. Patent and Trademark Office (USPTO) will now consider the parties’ size and investments in manufacturing activities in… more

Recruiters who contact candidates by text message should take note of a recent decision out of the Western District of Virginia. In Kattato v. Cross Country Healthcare, Inc., No. 7:23-CV-00485 (W.D. Va. Feb. 23, 2026), the Court… more

On February 20, 2026, the Supreme Court ruled (6-3) that IEEPA does not allow the President to impose tariffs. See our prior publication on this decision here: Supreme Court Rules IEEPA Does Not Authorize Tariffs. The majority… more

The European Central Bank (ECB) has launched a call for expression of interest inviting licensed payment service providers (PSPs) to participate in a digital euro pilot, marking a further step in the ECB Governing Council's decision to… more

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, Oklahoma’s governor spoke out in favor of a medical marijuana ballot initiative. Florida will not see adult-use on… more

CalRecycle has selected Landbell USA to serve as the Producer Responsibility Organization (“PRO”) for California’s Responsible Textile Recovery Act of 2024, also known as SB 707. SB 707 was enacted with the purpose of decreasing the… more

Earlier this year, New Jersey Governor Phil Murphy signed the Protecting Against Forever Chemicals Act, sponsored by Senators Linda Greenstein and Bob Smith. The Act seeks to address intentionally added perfluoroalkyl or… more