Courts across the country are becoming skeptical of data breach and web tracking claims that assert theoretical privacy violations without alleging any actual injury to the plaintiffs. Recent decisions underscore that courts are…
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/ Communications & Media Law, Privacy, Science, Computers, & Technology
Overview of Section 232 Actions -
While President Trump has often utilized the International Emergency Economic Powers Act (IEEPA) to levy tariffs during the recent onslaught of tariff action, Section 232 of the Trade…
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/ Administrative Law, International Law & Trade
On April 17, 2025, the Supreme Court decided Cunningham v. Cornell University, No. 23-1007, holding that a plaintiff may state a prohibited-transaction claim in violation of ERISA § 406(a) without referencing the exemptions to…
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/ Civil Procedure, Labor & Employment Law
After it was initially proposed more than two years ago, the European Union passed a new product liability directive (PLD) on Dec. 9, 2024, which prescribes a new legislative framework to expand and modify product liability laws…
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/ Products Liability, Science, Computers, & Technology
On April 11, 2025, the National Security Division (NSD) of the Department of Justice issued a press release (Press Release) that outlines its approach to implementing and enforcing the DOJ’s recent final rule on “Preventing…
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/ Administrative Law, International Law & Trade, Privacy
State-level packaging laws are evolving rapidly, often in response to environmental concerns or shifting consumer expectations. These state laws are directly shaping the way national manufacturers are approaching both compliance…
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/ Administrative Law, Consumer Protection, Environmental Law
Background -
On April 7, 2025, the U.S. District Court for the Northern District of Texas vacated key provisions of CMS’s final rule establishing minimum staffing requirements for long-term care facilities. The rule would…
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/ Administrative Law, Health
FINRA’s continued focus on account recommendations and rollovers is evident in its 2025 FINRA Annual Regulatory Oversight Report (the Report), Based on the Report, broker-dealers and their registered representatives (advisors)…
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/ Consumer Protection, Finance & Banking, Securities Law
The second Trump administration started with a bang. There has been an almost weekly focus on implementing and expanding tariffs on a variety of goods imported into the United States. These tariffs are aimed at protecting…
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/ Commercial Law & Contracts, International Law & Trade
On March 31, 2025, in the U.S. District Court for the Eastern District of Texas vacated the Food and Drug Administration’s (FDA) final rule, in which FDA attempted to assert regulatory authority over laboratory-developed tests…
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/ Administrative Law, Health
The TCPA generally prohibits the transmission of an “unsolicited advertisement” to a “telephone facsimile machine.” 47 U.S.C. § 227(b)(1)(c). But is an “online fax service” a “telephone facsimile machine”? And can a plaintiff…
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/ Communications & Media Law, Consumer Protection, Science, Computers, & Technology
On April 5, 2025, the Pennsylvania Department of Environmental Protection (PADEP) published in the Pennsylvania Bulletin notice of a long-awaited proposed rulemaking that would establish new requirements for reporting spills,…
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/ Administrative Law, Environmental Law
On April 3, 2025, the Department of Labor (DOL) issued guidance on the Annual Funding Notice changes made by the SECURE Act 2.0 and provided model notices. Pension plan administrators should review and revise their annual…
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/ Administrative Law, Labor & Employment Law
On March 31, 2025, in National TPS Alliance v. Noem, et al., Judge Edward M. Chen in the U.S. District Court for the Northern District of California granted a motion to postpone Secretary of Homeland Security Kristi Noem’s…
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/ Administrative Law, Immigration Law
On April 2, 2025, the Supreme Court of the United States issued a decision in Medical Marijuana, Inc. v. Horn, No. 23-365, holding that the RICO civil cause of action for “[a]ny person injured in his business or property,” 18…
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/ Business Torts, Civil Remedies, Personal Injury