For 20 years, I ruled on a number of complex business disputes. As chancellor, I followed my personal philosophy that time is valuable, and disputes did not get better by letting time drag on. I attempted to keep the lawyers focused on… more
On February 24, 2026, the United States Securities and Exchange Commission’s (“SEC”) Division of Enforcement (“Division”) announced significant updates to its Enforcement Manual for the first time since 2017. These updates aim to… more
Importers who paid tariffs imposed under the International Emergency Economic Powers Act (IEEPA) may assume that a U.S. Supreme Court decision invalidating those tariffs automatically triggers refunds. It does not. Recent litigation… more
On February 26, 2026, the U.S. Department of Labor (DOL) issued a new proposed rule, entitled the “Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal… more
Cybersecurity firm Darktrace recently issued its Annual Threat Report, which offered some startling statistics and findings. The Threat Report provides a “comprehensive assessment of the global cyber threat landscape and the trends… more
The U.S. Department of Labor (DOL) proposed a rule that would change how worker classification as an independent contractor is analyzed under federal wage and hour and other laws. If finalized, the proposal would rescind the DOL’s 2024… more
Any time a new technology emerges that includes the ability for an AI model to autonomously “reach out and interact with the world,” legal and operations teams take notice. And rightly so, the legal and operational implications of any… more
With the recent emergence of generative artificial intelligence (AI), some clients may be asking themselves, ‘Why should I ask a lawyer for legal advice when I can simply ask AI?’ While it is true that AI can be a helpful tool in… more
We all remember the first time we beheld the majestic power of generative AI. It plans vacations! It drafts my emails! It writes my essays! … then you accidentally include “Would you like me to soften the breakup message I drafted for… more
The Fifth Circuit recently reaffirmed an important limitation on overtime liability under the Fair Labor Standards Act (FLSA): an employer is not liable for unpaid overtime unless it knew or should have known that the employee was… more
Recently, the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) released long-awaited proposed regulations (the Proposed Regulations) under Section 45Z of the Internal Revenue Code of 1986, as amended… more
To remain competitive and client-focused, law firms must embrace a more disciplined, data-informed approach, beginning with how they measure success. Jill Huse explains… more
In this episode, Limo Cherian, Rebecca Schaefer, and Clarita Sullivan break down the Department of Health and Human Services’ (HHS) recent Request for Information on Accelerating the Adoption and Use of Artificial Intelligence (AI) as… more
El Ministerio de Transporte y el Ministerio del Trabajo de Colombia, mediante la Circular Externa 20261300000087 del 2 de marzo de 2026, establecieron criterios unificados sobre las responsabilidades laborales, contractuales, de… more
Firms often hear interest and interpret it as intent. That translation error becomes expensive when internal resources are mobilized before the client has mobilized its own… more
Two recent US cases have considered whether communications involving AI tools are protected by attorney–client privilege or the work product doctrine. While these decisions arise under US law, the principles – particularly in relation… more
A recent Illinois federal court decision shows that when AI listens in on calls, legal questions follow. The putative class action case is Megan Lisota v. Heartland Dental, LLC, et al. It was brought against two entities: Heartland… more
New York Attorney General (AG) Letitia James reached a $2.5 million settlement with health insurer EmblemHealth following an investigation of the behavioral health provider “ghost networks.” “Ghost networks” are provider networks in… more
Recently proposed legislation in the Illinois General Assembly – Senate Bill (SB) 3807 and House Bill (HB) 5171 – is garnering attention. Both bills hit the docket in February 2026 and aim to alleviate corporate practice restrictions… more
On January 26, 2026, CMS released the Advance Notice of Methodological Changes for Calendar Year (“CY”) 2027 for Medicare Advantage (“MA”) Capitation Rate and Part C and Part D Payment Policies (the “Advance Notice”). In the Advance… more
The Government of Mexico published in the Official Gazette of the Federation (DOF) on March 3, 2026, the decree amending the Political Constitution of the United Mexican States to reduce the workweek from 48 to 40 hours… more
In this BCLP Insight, Isaac Dundas reviews the recent decision of Paragon Group Limited v FK Facades Limited [2026] EWHC 78 (TCC). Here, the Technology and Construction Court (TCC) had to determine whether an assignee of a building… more
In Johnson v. Comodo Group, 2026 WL 296417 (D. N.J. Feb. 4, 2026) the court approved a class action settlement agreement whereby Comodo will pay $1,625,000 to settle the case, with average recovery of approximately $596 for each class… more
The Federal Circuit recently emphasized that patentees must distinguish between functional and ornamental features claimed in design patents or otherwise risk facing a narrowed construction of the patents’ claims… more
Holland & Knight's Venezuela Strategic Advisory Team invites you to read our Venezuela Update, in which we discuss the latest news, trends and developments impacting the interests of businesses across all industry sectors. Holland… more
On March 6, 2026, the Securities and Exchange Commission (SEC) issued an order exempting directors and officers (D&Os) of certain foreign private issuers (FPIs) from the insider reporting requirements of Section 16(a) of the Securities… more
Enforcement and regulatory conditions observed during 2025 continue to influence cross border risk exposure across Latin America in 2026. These conditions are particularly relevant for financial institutions, illicit supply chains, and… more
Holland & Knight's Venezuela Strategic Advisory Team invites you to read our Venezuela Update, in which we discuss the latest news, trends and developments impacting the interests of businesses across all industry sectors. Holland… more
The English High Court has dismissed a challenge under section 67 of the Arbitration Act 1996 to an ICC arbitral award, confirming that the arbitrator appointed under the settlement agreement in question had jurisdiction to grant… more
Spurgeon & Ors v Capita plc [2026] EWHC 241 (KB) (9 February 2026). The High Court has refused an application to strike out compensation claims brought by around 4,000 individuals affected by the Capita data security breach… more
The proposed Kids Online Safety Act (KOSA) is the most significant attempt to overhaul federal online child safety laws since the passage of the Children’s Online Privacy Protection Act in 1998… more
Truck accidents rarely involve just two parties like typical car crashes, because the commercial trucking industry operates through complex networks of trucking companies, drivers, cargo loaders, maintenance contractors, and equipment… more
Kalshi announced that it pursued enforcement actions against two participants for alleged manipulative trading activity. The CFTC also issued a related Prediction Markets Advisory reaffirming its oversight authority in this area and… more
Thoughtful estate planning is essential for artists seeking to ensure the long‑term preservation, management, and presentation of their lifelong work… more
The Centers for Medicare and Medicaid Services (CMS) issued a Request for Information (RFI) on February 27, 2026, that signals a potential expansion of federal health care fraud, waste, and abuse enforcement. While the RFI does not… more
On February 25, 2026, the Federal Trade Commission (FTC) issued a Policy Statement clarifying its enforcement approach under the Children’s Online Privacy Protection Act (COPPA) Rule to encourage the use of age verification… more
On February 13, 2026, the Fifth Circuit issued a unanimous panel opinion holding that the Drug Enforcement Agency (“DEA”) misinterpreted two of its pivotal regulations — its “corresponding responsibility” (21 C.F.R. § 1306.04(a)) and… more
Health care executives often struggle to address declining performance in their long tenured or late career physicians. There is the delicate issue of physician pride and ego… more
The U.S. Court of Appeals for the Fifth Circuit recently issued a significant Telephone Consumer Protection Act (TCPA) decision in Bradford v. Sovereign Pest Control of TX, Inc., No. 24-20379, Doc. 85-1 (5th Cir. Feb. 25, 2026). The… more
Two months after the New York Department of Financial Services (“NYDFS”) updated its Frequently Asked Questions (“FAQs”), which we wrote about here, NYDFS has released updated FAQs on multifactor authentication (“MFA”) that further… more
On March 4, 2026, the U.S. Supreme Court heard oral argument in Montgomery v. Caribe Transport II, LLC, a case arising from a December 2017 highway collision in Illinois… more
The New York State Senate has advanced a bill that would bar "proprietors" of artificial intelligence (AI)-powered chatbots from providing "substantive" responses or advice that, if provided by a human, would constitute the… more
On January 7, 2026, President Donald Trump issued Executive Order No. 14372, “Prioritizing the Warfighter in Defense Contracting” (EO), which targets underperforming federal contractors who, in the administration’s view, “pursue newer… more
Print PDF Share North Carolina voters on Tuesday selected party nominees in important federal and state races. Note: Results are unofficial at this point until certified later by county and state election officials… more
Data brokers are lining up to comply with California’s one-stop deletion tool requirement under the Delete Act, and the numbers signal a major shift in how privacy rights may be exercised and enforced in California starting this… more
In a significant development for importers, on March 4, 2026, the U.S. Court of International Trade (CIT) issued a ruling in the case of Atmus Filtration, Inc. v. United States, ordering Customs and Border Protection (CBP) to refund… more
On March 5, 2026, the Securities and Exchange Commission (the “SEC”) published an order granting an exemption from beneficial ownership reporting requirements under Section 16(a) of the Securities Exchange Act of 1934 (the “Exchange… more
The legal profession has a problem with retreat. Not the strategic kind. The cultural kind. We have built a profession where leaving is losing, where stepping back is giving up, and where any deviation from the straight line up the… more
As digital assets continue to reshape the global financial landscape, regulatory frameworks balancing innovation with investor protection and market integrity are taking shape… more
ShinyHunters continues to wreak havoc against well-known brands; most recently, Wynn Resorts. Wynn Resorts has confirmed that “an unauthorized third party acquired certain employee data.” It is believed that the threat actor was… more
The FEMA Denial Pattern We Are Seeing – and How to Write a Scope That Survives Review - Recent FEMA Determination Memoranda, first appeals, and arbitration filings before the Civilian Board of Contract Appeals (CBCA) reflect a… more
On February 13, the Department of Health and Human Services Office for Civil Rights (OCR) announced a new program to implement and enforce federal requirements that protect the confidentiality of substance use disorder (SUD) patient… more
Welcome to Edition 42 of P2N0 covering the drive to avoid, reduce and remove greenhouse gas (GHG) emissions to progress to net-zero GHG emissions (NZE)… more
DOL’s New Proposal to Distinguish Employees from Independent Contractors - On February 27, 2026, the U.S. Department of Labor (DOL) issued a Notice of proposed rulemaking to redefine independent contractor status under the Fair… more
Global sporting events such as the Olympic Games and FIFA World Cup generate extraordinary commercial opportunities and equally extraordinary corporate scrutiny. Companies often focus their risk planning on cybersecurity, brand… more
In February 2026, two federal courts issued the first rulings addressing whether materials created using publicly available generative AI tools are protected by the attorney-client privilege or the work product doctrine. Originally… more
Our White Collar, Government & Internal Investigations Team examines the U.S. Attorney’s Office for the Southern District of New York’s new Voluntary Self-Disclosure Program for Financial Crimes, which offers companies a faster path to… more
It is rare for the Trump Administration to publicly agree with the enforcement decisions made by the Biden Administration, but that is exactly what happened in late January at the FTC’s workshop highlighting enforcement priorities with… more
