Author Info for Wiley Rein LLP

Melissa Alba

State App Store Accountability Acts Introduce New Obligations for App Developers

New state laws aimed at age verification and parental consent for online apps will take effect in 2026, imposing significant compliance obligations and raising enforcement risks for app developers as well as app stores. Texas,… more

App Developers, COPPA, Enforcement Actions, Minors, Mobile Apps

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Kimberly Alli

Wiley Consumer Protection Download (November 4, 2025)

CFPB Issues Interpretive Rule Preempting State Medical Debt Reporting Bans. On October 28, the CFPB issued an interpretive rule expressing that the Fair Credit Reporting Act (FCRA) generally preempts state laws that touch on… more

California Consumer Privacy Act (CCPA), Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Cryptocurrency, Enforcement Actions

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Sarah Amick

EPA’s Proposed Course Corrections to TSCA’s Risk Evaluation Procedures

The U.S. Environmental Protection Agency’s (EPA) much-anticipated Toxic Substances Control Act (TSCA) proposed rule to amend the risk evaluation framework for existing chemicals was published in the Federal Register on September… more

Comment Period, Environmental Protection Agency (EPA), Preemption, Proposed Rules, Regulatory Authority

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Rafael Andino

Contractors Indicted on Trade-Related Fraud Charges as DOJ Continues Enforcement Push

A federal grand jury recently indicted two companies based in the Denver area, along with several current and former executives, for allegedly defrauding the U.S. government. The August 21 indictment, announced September 30,… more

Buy American Act, China, Criminal Prosecution, Customs, Department of Justice (DOJ)

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Thomas Antonucci

FinCEN Guts Corporate Transparency Act; Narrows Scope to Cover Only Foreign Companies and Beneficial Owners

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule (IFR) that materially alters the Corporate Transparency Act’s (CTA) reporting requirements. Consistent with FinCEN’s March 2,… more

Beneficial Owner, Corporate Governance, Corporate Transparency Act, Filing Deadlines, FinCEN

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Ian Barlow

Wiley Consumer Protection Download (November 4, 2025)

CFPB Issues Interpretive Rule Preempting State Medical Debt Reporting Bans. On October 28, the CFPB issued an interpretive rule expressing that the Fair Credit Reporting Act (FCRA) generally preempts state laws that touch on… more

California Consumer Privacy Act (CCPA), Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Cryptocurrency, Enforcement Actions

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Attison Barnes, III

Ninth Circuit Privacy Ruling Could Be Used to Expand Potential Forums for E-Commerce Lawsuits

On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand… more

Appeals, Business Litigation, California, Cookies, Corporate Counsel

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Sara Baxenberg

First FASC Order Could Broadly Impact ICT Supply Chains and National Security in Federal Systems

WHAT: The Director of National Intelligence (DNI), as recommended by the Federal Acquisition Security Council (FASC), issued the first order under the Federal Acquisition Supply Chain Security Act (FASCSA or Act). The order is a… more

Cybersecurity, Enforcement Actions, Federal Acquisition Regulations (FAR), Federal Contractors, General Services Administration (GSA)

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Matthew Beato

Appealed Trial Court Conviction Qualifies as “Final Adjudication”

Applying New York law, the Southern District of New York concluded that a trial court judgment qualified as a “final adjudication” even though it was under appeal… more

CEOs, Denial of Insurance Coverage, Errors and Omissions Policy, Insurance Industry, Policy Exclusions

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Ann Begley

DOJ Creates New Enforcement & Affirmative Litigation Branch Within Civil Division

On Thursday September 25, the U.S. Department of Justice (DOJ) announced the creation of a new Enforcement & Affirmative Litigation Branch within the Civil Division. According to the DOJ press release, DOJ’s affirmative… more

Constitutional Challenges, Consumer Product Safety Commission (CPSC), Consumer Protection Laws, COPPA, Department of Justice (DOJ)

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Stephanie Bell

White House Imposes Section 232 Tariffs on Imports of Timber, Lumber, and their Derivative Products

Yesterday, President Trump’s proclamation imposing tariffs on the import of timber, lumber, and their derivative products, pursuant to Section 232 of the Trade Expansion Act of 1962 (Section 232), was published in the Federal… more

Executive Orders, Imports, International Trade, Lumber Industry, National Security

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Alexandrine De Bianchi

Spectrum Policy at MWC 2025: Recapping CTIA's Everything Policy Program

The One Big Beautiful Bill Act (OBBBA) has jump-started U.S. spectrum policy with ambitious spectrum auction requirements to repurpose a minimum amount of spectrum on a specified timetable. On October 14, at CTIA’s Everything… more

5G Network, Deregulation, FCC, Government Agencies, Infrastructure

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Hannah Bingham

Hiring From the Federal Government: A Top 12 List

With the change of Presidential Administrations and with a new Congress, many current federal government officials and employees – whether elected, appointed, or hired – are exploring employment opportunities in the private… more

Communication Restrictions, Ethics, Executive Branch, Federal Bans, Federal Elections

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Thomas Benjamin Boley

Misappropriation of Funds Exclusion Bars Coverage for a Negligent Background Check that Led to Hiring of Embezzler

The United States District Court for the Eastern District of California, applying California law, has held that a misappropriation of funds exclusion barred coverage under an E&O policy for a claim against a company that… more

California, Causation, Commercial Insurance Policies, Contract Interpretation, Denial of Insurance Coverage

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Theodore Brackemyre

White House Issues Presidential Proclamations Extending Section 232 TRQs on Steel and Aluminum Imports from the EU

On December 28, 2023, the White House published presidential proclamations extending the tariff-rate quotas (TRQs) in place on imports of steel and aluminum products from the European Union (EU) until December 31, 2025… more

EU, Imports, Steel Industry, Tariff Rate Quota (TRQ), Tariffs

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Timothy Brightbill

White House Imposes Section 232 Tariffs on Imports of Timber, Lumber, and their Derivative Products

Yesterday, President Trump’s proclamation imposing tariffs on the import of timber, lumber, and their derivative products, pursuant to Section 232 of the Trade Expansion Act of 1962 (Section 232), was published in the Federal… more

Executive Orders, Imports, International Trade, Lumber Industry, National Security

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Jeremy Broggi

Federal Court Vacates Portions of Local Television Ownership Rule

On July 23, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated two aspects of the Federal Communications Commission’s (FCC or Commission) regulation restricting the number of television stations that one entity can… more

Administrative Procedure Act, Appeals, Broadcasting, Competition, Deregulation

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Daniel Brooks

CFIUS 2024 Annual Report: Compliance, Enforcement, and Non‑Notified Transactions – What Dealmakers Need to Know

The Committee on Foreign Investment in the United States (CFIUS) recently released the public version of its Annual Report to Congress for calendar year 2024. Key trends include an increase in formal inquiries into non-notified… more

CFIUS, Compliance, Corporate Counsel, Covered Transactions, Cross-Border Transactions

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Jacqueline Brown

Expiration of Critical Cyber Information Sharing Law Creates Confusion About Authorities and Liability Protections

Landmark cybersecurity information sharing legislation that provided both affirmative authorizations and liability protections expired on September 30, 2025, creating uncertainties about future sharing activities. When it was… more

Antitrust Exemption, Antitrust Provisions, Compliance, Corporate Counsel, Cyber Threats

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Megan Brown

Cyber Enforcement Hits Hard: New York DFS Imposes $19 Million in Penalties

The New York State Department of Financial Services (DFS) recently announced a $19 million aggregate penalty against eight auto insurance companies for violations of its cybersecurity regulation. As a result of inadequate… more

Compliance, Corporate Counsel, Cybersecurity, Data Breach, Data Security

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Kathryn Bucher

DOJ Affirms Aggressive False Claims Act Enforcement, Highlights Use Against Illegal Trade Practices

The head of the U.S. Department of Justice (DOJ) branch that oversees False Claims Act (FCA) investigations affirmed the Trump Administration’s commitment to pursue civil fraud cases as part of its focus on achieving… more

Customs, Department of Defense (DOD), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

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Jon Burd

FAR Council Unveils Long-Anticipated Rule for Controlled Unclassified Information

WHAT: The FAR Council published a proposed rule to incorporate the Controlled Unclassified Information (CUI) Program into the acquisition process and, in doing so, seeks to more clearly define government and contractor roles and… more

Controlled Unclassified Information (CUI), Cyber Incident Reporting, Cybersecurity, Data Security, Executive Orders

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John Burgett

FCC Tees Up Next Gen TV Transition for October Open Meeting

On October 7, 2025, the Federal Communications Commission (FCC or Commission) released a draft Fifth Further Notice of Proposed Rulemaking (draft FNPRM) that, if adopted at the October 2025 Open Commission Meeting, would have… more

Broadcasting, Comment Period, Encryption, FCC, Notice of Proposed Rulemaking (NOPR)

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Caleb Burns

Sittenfeld v. United States – Campaign Contributions as Crimes?

The Supreme Court may soon accept a pivotal case – Sittenfeld v. United States – that could redefine when a political contribution becomes a crime. In this two-minute video, Caleb Burns discusses how the outcome of this case… more

Bribery, Campaign Finance Reform, Corruption, Criminal Prosecution, Enforcement Actions

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Ralph Caccia

Supreme Court Decision Could Galvanize Prosecutions of Government Contractors

The U.S. Supreme Court’s May 22 decision in Kousisis v. United States could have wide-ranging implications for criminal and civil fraud cases against government contractors going forward. The Court ruled that a government… more

Criminal Prosecution, Department of Justice (DOJ), Economic Loss Doctrine, Enforcement Actions, False Claims Act (FCA)

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Tessa Capeloto

Contractors Indicted on Trade-Related Fraud Charges as DOJ Continues Enforcement Push

A federal grand jury recently indicted two companies based in the Denver area, along with several current and former executives, for allegedly defrauding the U.S. government. The August 21 indictment, announced September 30,… more

Buy American Act, China, Criminal Prosecution, Customs, Department of Justice (DOJ)

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Jonathan Clark

New Executive Orders Call for Rewriting Federal Procurement Rules, Maximizing Commercial Acquisitions

WHAT: President Trump issued two new Executive Orders (EOs) on April 15 and April 16, 2025, focused on federal procurement streamlining. The April 15 EO, entitled “Restoring Common Sense to Federal Procurement,” is intended to… more

Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors, Government Agencies, OFPP

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Edgar Class

Supreme Court Declares Universal Service Fund Constitutional, Reversing Fifth Circuit Opinion

On June 27, 2025, the U.S. Supreme Court affirmed, in FCC v. Consumers’ Research (Consumers’ Research), the constitutionality of the funding mechanism for the Federal Communications Commission’s (FCC or Commission) Universal… more

Appeals, Broadband, Constitutional Challenges, FCC, Government Agencies

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Colin Cloherty

[Podcast] Collateral Consequences: The Iowa College Sports-Betting Scandal

For the first episode of Wicked Coin’s second season, hosts Tatiana Sainati and Diana Shaw are joined by special guest Colin Cloherty, a Wiley associate, former NFL player, and federal prosecutor, who helps them unravel the… more

College Athletes, Criminal Investigations, Enforcement Actions, Fraud, Gambling

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Stephen Conley

Wiley Consumer Protection Download (November 4, 2025)

CFPB Issues Interpretive Rule Preempting State Medical Debt Reporting Bans. On October 28, the CFPB issued an interpretive rule expressing that the Fair Credit Reporting Act (FCRA) generally preempts state laws that touch on… more

California Consumer Privacy Act (CCPA), Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Cryptocurrency, Enforcement Actions

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Kathleen Cooperstein

DOJ Health Care Fraud Takedown and FCA Working Group Signal New Era of Enforcement and Compliance Risks

On July 2, 2025, the U.S. Department of Justice (DOJ) and the Department of Health and Human Services (HHS) jointly announced the next phase of the Administration’s “Whole-of-Government” approach to fighting health care fraud:… more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Justice (DOJ), Electronic Medical Records

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Paul Coyle

Commerce Expands EAR End-User Controls with New “50 Percent Rule”

On September 30, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule (IFR) that significantly expands the number of foreign entities subject to license requirements and… more

Bureau of Industry and Security (BIS), Due Diligence, Economic Sanctions, Entity List, Export Administration Regulations (EAR)

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Ashley Criss

Court Considers Prior Notice, Intentional Acts, and Contract Exclusions as Applied to Insured’s Violation of California Franchise Investment Law for Incomplete Franchise Disclosures

The United States District Court for the District of New Hampshire, applying California law, considered several exclusions under a directors and officers liability policy as applied to a violation of the California Franchise… more

Franchises, Insurance Claims, Insurance Industry, Insurance Litigation, Material Misstatements

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Nova Daly

Day 7 of the Government Shutdown: Updates on Activities of Selected Departments and Agencies

October 7, 2025 marks Day 7 of the government shutdown. Multiple press reports indicate not much progress has been made thus far in resolving the shutdown dispute. On a Sunday morning show on Fox News, Senate Majority Leader… more

Appropriations Bill, CFIUS, COFC, Department of Agriculture, Department of Justice (DOJ)

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Robert DeFrancesco, III

USTR Seeks Comments on USMCA, Sets November Hearing Ahead of 2026 Joint Review

On September 16, 2025, the Office of the U.S. Trade Representative (USTR) released for public inspection a Federal Register notice outlining the process for the public consultation on the U.S.-Mexico-Canada Agreement (USMCA)… more

Canada, Comment Period, Compliance, International Trade, Mexico

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Brooke DeLoatch

Considering a New PBM? What to Know and What to Do Now

From our years of counseling clients on effective pharmacy benefit management (PBM) contracting – from procurement to contract execution – Wiley Rein knows that many Plans (health plans/plan sponsors/collectives/third party… more

Contract Drafting, Contract Negotiations, Contract Terms, Drug Pricing, Employee Benefits

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Leah Deskins

Ninth Circuit Privacy Ruling Could Be Used to Expand Potential Forums for E-Commerce Lawsuits

On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand… more

Appeals, Business Litigation, California, Cookies, Corporate Counsel

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Kurt DeSoto

New FCC Proceeding to Tackle Security in Equipment, Auctions, and Beyond

On May 27, 2021, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI) proposing significant changes to the FCC’s equipment authorization… more

Competitive Bidding, FCC, National Security, NPRM, Technology Sector

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Paul Devamithran

CBP Takes Forced-Labor Action Against Chinese-Owned Extruder in the Dominican Republic

U.S. Customs and Border Protection (CBP) issued a forced-labor finding against Kingtom Aluminio S.R.L. (“Kingtom”), a Chinese-owned aluminum extruder in the Dominican Republic. CBP determined that aluminum extrusions, profile… more

China, Customs and Border Protection, Dominican Republic, Forced Labor, Imports

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Richard DiDonna

Impact of U.S. Revocation of Permanent Normal Trade Relations with Russia

On March 11, 2022, President Biden called on Congress to revoke permanent normal trade relations (PNTR) with Russia. In a fact sheet regarding actions being taken simultaneously with the European Union and Group of Seven (G7)… more

Economic Sanctions, EU, Most-Favored Nations, Office of Foreign Assets Control (OFAC), Revocation

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Victoria Lynch-Draper

FTC Takes on Noncompete Agreements as New State Laws Take Effect

Noncompete agreements are the focus of a new enforcement activity by the FTC this month while states continue to restrict their use. Below are key takeaways for all employers who use noncompete agreements and further background… more

Antitrust Provisions, Appeals, Employer Responsibilities, Employment Contract, Enforcement Actions

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Elizabeth Drill

DOJ Announces Changes to White Collar Enforcement Policies, Focusing on “Most Egregious” Crimes

This week, the U.S. Department of Justice (DOJ) announced the Criminal Division’s new white collar enforcement plan, changes to its Corporate Whistleblower Pilot Program, and revisions to the Corporate Enforcement and Voluntary… more

Bribery, Corporate Crimes, Corporate Governance, Corporate Misconduct, Department of Justice (DOJ)

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Laura El-Sabaawi

White House Imposes Section 232 Tariffs on Imports of Timber, Lumber, and their Derivative Products

Yesterday, President Trump’s proclamation imposing tariffs on the import of timber, lumber, and their derivative products, pursuant to Section 232 of the Trade Expansion Act of 1962 (Section 232), was published in the Federal… more

Executive Orders, Imports, International Trade, Lumber Industry, National Security

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Kahlil Epps

DOJ Clarifies Administration’s Stance on What Constitutes “Illegal DEI”

On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memorandum) that provides clarity on what the Administration… more

Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Actions

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Michael Faucette

BIS Rescinds Biden-Era Firearms Export Rule: Key Regulatory Changes for Exporters

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently released a new final rule effectively rescinding almost all of a Biden-era interim final rule (IFR) on civilian exports of firearms, related… more

Biden Administration, Bureau of Industry and Security (BIS), Compliance, ECCNs, Export Administration Regulations (EAR)

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Scott Felder

DoD Releases Long-Awaited Intellectual Property Guidebook for Acquisition

WHAT: The U.S. Department of Defense (DoD) recently released its long-anticipated Intellectual Property Guidebook for DoD Acquisition – the culmination of years of internal effort to standardize the Department’s approach to… more

Contractors, Defense Contracts, Defense Sector, Department of Defense (DOD), Federal Acquisition Regulations (FAR)

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Elizabeth Fisher

Policy Exclusions Bar Coverage for Law Firm’s Alleged Misappropriation of Client Funds

The United States District Court for the Eastern District of Pennsylvania has held that an insurer has no duty to defend a lawsuit alleging that an insured law firm fraudulently induced its client to wire money to the firm and… more

Declaratory Judgments, Denial of Insurance Coverage, Duty to Defend, Errors and Omissions Policy, Fraudulent Inducement

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Jake Frischknecht

Commerce, State Departments Restrict Exports to Cambodia, Citing Corruption, Human Rights Abuses, Chinese Influence

On December 9, 2021, the Departments of Commerce and State issued rules restricting a range of exports to Cambodia citing, “significant evidence of corruption, human rights abuses, and an exclusive agreement with the People’s… more

Arms Embargo, Bureau of Industry and Security (BIS), Cambodia, China, Corruption

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Jessica Gallinaro

Cyber Risks and Insurance 2025 Forecast

As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this… more

Artificial Intelligence, Biometric Information Privacy Act, Business Interruption, Business Losses, California Privacy Rights Act (CPRA)

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Boyd Garriott

Fifth Circuit Strikes Down FCC Forfeiture Order, Holds That It Violates Seventh Amendment Right to a Jury Trial

On April 17, 2025, the Fifth Circuit issued an opinion (“Op.”) holding unconstitutional a Federal Communications Commission (FCC or Commission) enforcement order. In that order, the Commission imposed civil penalties against a… more

Administrative Proceedings, Appeals, Constitutional Challenges, Enforcement Actions, FCC

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Jacob Garten

Commerce Proposes Updating Trade Remedy Regulations to Enhance Administration of Antidumping and Countervailing Duty Laws

On July 12, 2024, the U.S. Department of Commerce (Commerce) issued a proposed rule designed “to enhance the administration of the antidumping duty (AD) and countervailing duty (CVD) laws.” Commerce is accepting comments on the… more

Anti-Dumping Duty, Comment Period, Countervailing Duties, Customs and Border Protection, Imports

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Shiva Goel

Spectrum Policy at MWC 2025: Recapping CTIA's Everything Policy Program

The One Big Beautiful Bill Act (OBBBA) has jump-started U.S. spectrum policy with ambitious spectrum auction requirements to repurpose a minimum amount of spectrum on a specified timetable. On October 14, at CTIA’s Everything… more

5G Network, Deregulation, FCC, Government Agencies, Infrastructure

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Henry Gola

Spectrum Policy at MWC 2025: Recapping CTIA's Everything Policy Program

The One Big Beautiful Bill Act (OBBBA) has jump-started U.S. spectrum policy with ambitious spectrum auction requirements to repurpose a minimum amount of spectrum on a specified timetable. On October 14, at CTIA’s Everything… more

5G Network, Deregulation, FCC, Government Agencies, Infrastructure

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Amb. David Gross

AI Around the Globe: What to Know in 2024

In this Wiley Connected podcast, hear from Wiley Partners Amb. David Gross, Duane Pozza, Joan Stewart, and Consulting Counsel Jacquelynn Ruff about the latest in international developments surrounding Artificial Intelligence… more

Artificial Intelligence, Biden Administration, EU, Executive Orders, Innovative Technology

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Joseph Gross

Federal Court Determines Individual’s Receipt of a Subpoena Does Not Establish the Existence of an Investigation of a Wrongful Act by the Recipient

The United States District Court for the District of Columbia, applying Virginia law, denied an insured’s motion for partial judgment on the pleadings in part, finding that an insured person’s receipt of a subpoena does not… more

D&O Insurance, Excess Policies, Insurance Claims, Insurance Industry, Insurance Litigation

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Christopher Hall

Insurer Has No Duty to Interplead Policy Limits Under Montana Law When Faced with Multiple Claimants and Potentially Insufficient Limits

Applying Montana state law, the United States District Court for the District of Montana has held that an insurer has no duty to interplead its policy limits to satisfy claims by multiple competing claimants and did not violate… more

Bad Faith, Duty to Defend, Insurance Claims, Insurance Litigation, Interpleaders

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Vesna Harasic-Yaksic

FinCEN Guts Corporate Transparency Act; Narrows Scope to Cover Only Foreign Companies and Beneficial Owners

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule (IFR) that materially alters the Corporate Transparency Act’s (CTA) reporting requirements. Consistent with FinCEN’s March 2,… more

Beneficial Owner, Corporate Governance, Corporate Transparency Act, Filing Deadlines, FinCEN

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Emily Hart

No Coverage for Lawsuit Where “Claim” First Made at Time of Pre-Inception Tolling Agreement

In a win for Wiley’s client, a New York intermediate appellate court, applying New York law, has affirmed that no coverage is available for a legal malpractice lawsuit because the “claim” was first made before the policy’s… more

Appellate Courts, Attorney Malpractice, Denial of Insurance Coverage, Insurance Claims, Insurance Litigation

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Daniel Hassett

FTC Significantly Revises Its Premerger Notification Requirements, While Departing from Original Proposal

On October 10, 2024, the Federal Trade Commission (FTC or Commission) announced that it had unanimously adopted a Final Rule codifying numerous changes to the premerger notification form and premerger notification rules under… more

Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC), Final Rules, Hart-Scott-Rodino Act

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Corey Hauser

DOJ Launches Trade Fraud Task Force, Ramping Up Civil and Criminal Enforcement

The U.S. Department of Justice (DOJ) recently announced the creation of an interagency Trade Fraud Task Force aimed at stepping up enforcement against tariff evasion and customs fraud. The Task Force will bring together the… more

America First Trade Policy, Compliance, Criminal Prosecution, Customs and Border Protection, Department of Homeland Security (DHS)

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Chloe Hawker

FCC Releases Draft Proposal for Sweeping Space Modernization Reforms

On October 7, 2025, the Federal Communications Commission (FCC) released a draft Notice of Proposed Rulemaking (NPRM) that would seek comment on major reforms to its space and earth station licensing frameworks. The draft NPRM… more

Comment Period, FCC, Information Sharing, License Applications, Licenses

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Tracy Heinzman

Introducing Wiley’s Trump Administration Resource Center & Guide – Your Essential Tools for 2025

As President-Elect Trump’s second Administration begins in January 2025, businesses face a critical juncture with potential shifts in regulatory focus across industries and sectors including artificial intelligence,… more

Artificial Intelligence, Chevron Deference, Consumer Financial Protection Bureau (CFPB), Cryptocurrency, Data Privacy

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Bob Hibbert

Food for Thought and Thoughts on Food: A Discussion on Scaling in Food and Other Industries

On this episode, Wiley's Amaru Sánchez is joined by Ryan Hawkins from Next Rung Technologies to discuss scaling across multiple industries and sectors and the difficulties startups are facing in the current investment landscape… more

Business Development, Food Manufacturers, Food Safety, Food Supply, Regulatory Oversight

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David Hilliard

New 60 GHz Rules Offer Flexibility for Radar and WiGig Innovation

The Federal Communications Commission (FCC) has adopted new technical rules intended to promote unlicensed innovation for applications as diverse as “hot car” child safety and virtual reality gaming. The new rules, which took… more

FCC, Gaming, Radar, Radiofrequency (RF), Virtual Reality

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Jennifer Hindin

FCC Releases Draft Proposal for Sweeping Space Modernization Reforms

On October 7, 2025, the Federal Communications Commission (FCC) released a draft Notice of Proposed Rulemaking (NPRM) that would seek comment on major reforms to its space and earth station licensing frameworks. The draft NPRM… more

Comment Period, FCC, Information Sharing, License Applications, Licenses

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Kirsten Hines

Considering a New PBM? What to Know and What to Do Now

From our years of counseling clients on effective pharmacy benefit management (PBM) contracting – from procurement to contract execution – Wiley Rein knows that many Plans (health plans/plan sponsors/collectives/third party… more

Contract Drafting, Contract Negotiations, Contract Terms, Drug Pricing, Employee Benefits

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Brandon Hinton

As D2D Deployment Increases, NTIA Seeks Comment on Potential Risks to GPS

The National Telecommunications and Information Administration (NTIA) has published a Notice and Request for Comment (RFC) on the potential impact of the increasing deployment of satellite-enabled direct-to-device (D2D) services… more

Aerospace, Aviation Industry, Comment Period, Department of Transportation (DOT), FCC

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Diane Holland

Spectrum Policy at MWC 2025: Recapping CTIA's Everything Policy Program

The One Big Beautiful Bill Act (OBBBA) has jump-started U.S. spectrum policy with ambitious spectrum auction requirements to repurpose a minimum amount of spectrum on a specified timetable. On October 14, at CTIA’s Everything… more

5G Network, Deregulation, FCC, Government Agencies, Infrastructure

See all updates »

Derick Holt

Tariff Tune-In: Forests to Factories: New Targets in Section 232 Tariffs

In this episode, Derick G. Holt discusses the evolving role of Section 232 tariffs, including new tariffs on timber and wood products. He also breaks down new Section 232 investigations into medical and personal protective… more

Imports, Industrial Sector, International Trade, Manufacturers, Medical Devices

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Megan Hovious

Renewal Omission Proves Costly: Court Allows Rescission for Undisclosed Audit

The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an insurer was entitled to rescind a professional liability policy because the insured failed to disclose circumstances… more

Claims Made Policy, Contract Renewal, Denial of Insurance Coverage, Disclosure Requirements, False Claims Act (FCA)

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Tracye Winfrey Howard

Preparing for a Potential Government Shutdown

Status of Government Funding: Current funding for the Federal Government expires after next Tuesday, September 30, 2025. While full-year spending bills for the federal government are not yet complete, Congress is currently… more

Appropriations Bill, Continuing Resolution, Contract Disputes, Contract Management, Contract Terms

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John Howell

Seventh Circuit Affirms that “Inadequate Consideration” Provision Bars Coverage for Securities Fraud Settlements

In a win for Wiley’s client, the United States Court of Appeals for the Seventh Circuit held, under Wisconsin law, that an exception for settlements of “Inadequate Consideration Claims” barred coverage for the insured’s… more

D&O Insurance, Failure To Disclose, Insurance Litigation, Securities and Exchange Commission (SEC), Securities Fraud

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Kelsey Hunt

Abuse Exclusion Applied to Bar Coverage for Entire EEOC Proceeding

The United States District Court for the Southern District of New York, applying New York law, held that a Sexual and Physical Abuse exclusion barred coverage for a discrimination complaint filed with the Equal Employment… more

Claims Made Policy, Denial of Insurance Coverage, Employment Discrimination, Employment Litigation, Employment Practices Liability Insurance (EPLI)

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Morgan Huston

Federal Circuit Holds En Banc That Only “Actual or Prospective Bidders or Offerors” May Protest at COFC

WHAT: In Percipient.ai, Inc. v. United States, the U.S. Court of Appeals for the Federal Circuit held in a 7-4 en banc decision that the definition of “interested party” under the Tucker Act (28 U.S.C. § 1491(b)(1)) remains… more

Appeals, Appellate Courts, Bid Protests, COFC, Court of Federal Claims

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Nicholas Iliff, Jr.

First FASC Order Could Broadly Impact ICT Supply Chains and National Security in Federal Systems

WHAT: The Director of National Intelligence (DNI), as recommended by the Federal Acquisition Security Council (FASC), issued the first order under the Federal Acquisition Supply Chain Security Act (FASCSA or Act). The order is a… more

Cybersecurity, Enforcement Actions, Federal Acquisition Regulations (FAR), Federal Contractors, General Services Administration (GSA)

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Amanda Jesteadt

Fraud and Scam Prevention Series: Report Identifies Broad Problems and Offers Complex Recommendations

Welcome to Wiley’s new series on fraud and scam prevention. Bad actors increasingly exploit America’s communications, banking, and digital systems to achieve astounding levels of fraud. With American households estimated to lose… more

Consumer Protection Laws, Cybersecurity, Data Privacy, Data-Sharing, Enforcement Actions

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Elizabeth Jewell

Subsidiary Exclusion Bars Coverage for Claim Alleging Wrongful Conduct Before and After Entity Became a Subsidiary; Claim for Fraudulent Transfer Not Insurable Under New York Law

The United States District Court for the Southern District of New York, applying New York law, has held that a subsidiary exclusion barred coverage for a lawsuit alleging fraud in connection with investments in a failed business… more

Adversary Proceedings, Claims Made Policy, D&O Insurance, Denial of Insurance Coverage, Duty to Defend

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Erin Joe

Cyber Enforcement Hits Hard: New York DFS Imposes $19 Million in Penalties

The New York State Department of Financial Services (DFS) recently announced a $19 million aggregate penalty against eight auto insurance companies for violations of its cybersecurity regulation. As a result of inadequate… more

Compliance, Corporate Counsel, Cybersecurity, Data Breach, Data Security

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Wayne Johnsen

FCC Proposes Sweeping Changes to Submarine Cable Licensing Rules

On November 22, 2024, the Federal Communications Commission (FCC or Commission) released a Notice of Proposed Rulemaking (NPRM) aimed at broadening and strengthening its oversight of submarine cables. The NPRM seeks to revise… more

Cable Operators, FCC, Infrastructure, Licensing Rules, National Security

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Thomas Johnson Jr.

Supreme Court Declares Universal Service Fund Constitutional, Reversing Fifth Circuit Opinion

On June 27, 2025, the U.S. Supreme Court affirmed, in FCC v. Consumers’ Research (Consumers’ Research), the constitutionality of the funding mechanism for the Federal Communications Commission’s (FCC or Commission) Universal… more

Appeals, Broadband, Constitutional Challenges, FCC, Government Agencies

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Margaret Karchmer

Cyber Risks and Insurance 2025 Forecast

As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this… more

Artificial Intelligence, Biometric Information Privacy Act, Business Interruption, Business Losses, California Privacy Rights Act (CPRA)

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George Kerchner

The White House Launches Supply Chain Initiatives on Essential Items

On June 8, 2021, the White House released its 250-page “Building Resilient Supply Chains, Revitalizing American Manufacturing, and Fostering Broad-Based Growth” report (the Report) and an accompanying fact sheet entitled: “Fact… more

Critical Infrastructure Sectors, Essential Goods, Innovative Technology, Manufacturers, Supply Chain

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Paul Khoury

What Contractors Need to Know About a Government Shutdown

WHAT: The odds of a federal government shutdown occurring increased significantly last week. Congressional gridlock is preventing even a continuing resolution to advance that would allow negotiations on a broader funding bill to… more

Deadlines, Documentation, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Employees

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Kathleen Kirby

FCC Tees Up Next Gen TV Transition for October Open Meeting

On October 7, 2025, the Federal Communications Commission (FCC or Commission) released a draft Fifth Further Notice of Proposed Rulemaking (draft FNPRM) that, if adopted at the October 2025 Open Commission Meeting, would have… more

Broadcasting, Comment Period, Encryption, FCC, Notice of Proposed Rulemaking (NOPR)

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William Knauss, III

Trade Secret Disclosure Qualifies as a “Privacy Event” Under Professional Liability Policy

The Delaware Superior Court, applying Delaware law, has held that an insured adequately stated a claim for breach of contract because a trade secret constitutes “non-public information,” thereby implicating coverage for a… more

Breach of Contract, Claims Made Policy, Confidential Information, Contract Interpretation, Denial of Insurance Coverage

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Adrienne Kosak

Fourth Circuit Finds “Re-registration” of a Domain Can be Cybersquatting—A Prudential Clarification to the ACPA

The Fourth Circuit’s decision yesterday in The Prudential Insurance Company of America v. Shenzhen Stone Network Information Ltd., No. 21-1823, F.4th (4th Cir. Jan. 24, 2023), provides important clarification on the… more

ACPA, Bad Faith, Corporate Counsel, Cybersquatting, Domain Names

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William Lane III

Supreme Court Blocks Mexico’s Gun Lawsuit: PLCAA Shields U.S. Firearm Makers from Litigation

On June 5, 2025, the U.S. Supreme Court held unanimously, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, that the gun-manufacturer and gun-distributor defendants sued by Mexico for negligence and related torts were… more

Aiding and Abetting, Constitutional Challenges, Firearms, Gun Laws, Gun Manufacturers

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Matt Lapin

Commerce Expands EAR End-User Controls with New “50 Percent Rule”

On September 30, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule (IFR) that significantly expands the number of foreign entities subject to license requirements and… more

Bureau of Industry and Security (BIS), Due Diligence, Economic Sanctions, Entity List, Export Administration Regulations (EAR)

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Kelly Laughlin

Fraud and Scam Prevention Series: FCC’s Robocall Regulations Are Complex and Unrelenting – Voice Service Providers Need to Stay Ahead

In this second installment of Wiley’s series on fraud and scam prevention, we focus on the Federal Communications Commission’s (FCC) continued regulatory and enforcement efforts on illegal and unwanted robocalls. Since Congress… more

Attestation Requirements, Authentication, Enforcement Actions, FCC, Final Rules

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Elizabeth Lee

Trump Expands National Security Tariffs on Steel and Aluminum Products

On February 10, 2025, President Trump signed new Executive Orders imposing enhanced import duties on steel and aluminum products under Section 232 of the Trade Expansion Act of 1962. The orders eliminate certain exemptions from… more

Customs and Border Protection, Executive Orders, Imports, International Trade, National Security

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Tawanna Lee

FTC Consumer Protection and Privacy Enforcement Series: Kids’ Online Safety Is a Top Priority

As the landscape of kids’ privacy regulation evolves rapidly at both the state and federal level, the Federal Trade Commission (FTC) has been clear that kids’ privacy is a priority. Indeed, Chairman Ferguson told Congress that… more

Artificial Intelligence, Biometric Information, Consumer Privacy Rights, COPPA, Data Privacy

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Lauren Lerman

Wiley Consumer Protection Download (November 4, 2025)

CFPB Issues Interpretive Rule Preempting State Medical Debt Reporting Bans. On October 28, the CFPB issued an interpretive rule expressing that the Fair Credit Reporting Act (FCRA) generally preempts state laws that touch on… more

California Consumer Privacy Act (CCPA), Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Cryptocurrency, Enforcement Actions

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Nathan Lovett

Prior Acts Exclusion Dooms Company’s Bid for D&O Coverage

The Supreme Court of Delaware, applying Delaware law, has held that certain allegations in an underlying complaint did not constitute a separate “Claim” against an insured under the D&O policies at issue. Origis USA LLC v. Great… more

Appeals, Appellate Courts, Business Litigation, Corporate Misconduct, Corporate Officers

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Alissa Lynwood

Cyber Enforcement Hits Hard: New York DFS Imposes $19 Million in Penalties

The New York State Department of Financial Services (DFS) recently announced a $19 million aggregate penalty against eight auto insurance companies for violations of its cybersecurity regulation. As a result of inadequate… more

Compliance, Corporate Counsel, Cybersecurity, Data Breach, Data Security

See all updates »

Martha Marrapese

[Webinar] Environment & Product Regulation - New Chemicals & TSCA - November 18th, 12:00 pm - 1:00 pm EST

Join us for a lively discussion of chemistry fundamentals and information on how to navigate the EPA’s New Chemical Review process. Led by Dr. Alex Stanton, who recently joined Wiley from the EPA’s New Chemicals Division,… more

Continuing Legal Education, Data Collection, Environmental Protection Agency (EPA), Notice Requirements, Regulatory Requirements

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Andrea Martinez

Interrelated Claims Provision Bars Coverage for Client’s Claim Tied to Broker’s Pre-Hire Conduct

The U.S. District Court for the Eastern District of New York, applying California law, held that an insured financial services company was not entitled to coverage under its professional liability policy for a client’s claim… more

Broker-Dealer, California, Denial of Insurance Coverage, Financial Services Industry, Insurance Claims

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Gregory Masters

FCC Approves Broadcast Ownership NPRM, Advancing 2022 Quadrennial Review

On September 30, the Federal Communications Commission (FCC or Commission) voted 3-0 to approve a Notice of Proposed Rulemaking (NPRM), starting the next phase of the FCC’s 2022 Quadrennial Review to examine whether certain of… more

Broadcasting, Comment Period, Competition, FCC, Mergers

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Kevin Maynard

GSA Announces Expansion of “Transactional Data Reporting” Program, Reducing Compliance Obligations for GSA Schedule Contractors

WHAT: The U.S. General Services Administration (GSA) recently announced its planned expansion of the Transactional Data Reporting (TDR) program, which will make TDR mandatory for GSA Schedule contractors whose contracts include… more

Contract Terms, Disclosure Requirements, False Claims Act (FCA), Federal Acquisition Regulations (FAR), Federal Contractors

See all updates »

Scott McCaleb

[Podcast] Defining Our Vision and Values

On this episode, Government Contracts practice chairs Paul Khoury and Scott McCaleb join host Craig Smith to discuss how the practice defines what it does, what it wants to be, and what it believes in. The trio cover why it was… more

Attorney-Client Privilege, Client Services, Corporate Counsel

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Jackson McNeal

FCC Releases Draft Proposal for Sweeping Space Modernization Reforms

On October 7, 2025, the Federal Communications Commission (FCC) released a draft Notice of Proposed Rulemaking (NPRM) that would seek comment on major reforms to its space and earth station licensing frameworks. The draft NPRM… more

Comment Period, FCC, Information Sharing, License Applications, Licenses

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Mallory Meaney

Released But Not Obligated: Assignment-Only Settlement Results in No Indemnity Cover as Insured Not “Legally Obligated to Pay” Any Amount

An Illinois Appellate Court, applying Illinois law, has held that a professional liability insurer had no duty to indemnify its insured because the insured was not “legally obligated to pay” any amount under the settlement… more

Appellate Courts, Assignment of Benefits (AOB), Bad Faith, Contract Interpretation, Declaratory Judgments

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Ari Meltzer

FCC Tees Up Next Gen TV Transition for October Open Meeting

On October 7, 2025, the Federal Communications Commission (FCC or Commission) released a draft Fifth Further Notice of Proposed Rulemaking (draft FNPRM) that, if adopted at the October 2025 Open Commission Meeting, would have… more

Broadcasting, Comment Period, Encryption, FCC, Notice of Proposed Rulemaking (NOPR)

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Lydia Mills

Notice Delayed, Coverage Denied: Claims-Made Policies Exempt from Notice-Prejudice Rule Codified in Utah Statute

A federal district court in Utah, applying Utah law, has determined that an insurer could deny coverage under a claims-made policy for untimely notice without proving prejudice. The insured had a claims-made Employment… more

Claims Made Policy, Denial of Insurance Coverage, Insurance Brokers, Insurance Claims, Insurance Industry

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Ira Mirsky

FinCEN Guts Corporate Transparency Act; Narrows Scope to Cover Only Foreign Companies and Beneficial Owners

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule (IFR) that materially alters the Corporate Transparency Act’s (CTA) reporting requirements. Consistent with FinCEN’s March 2,… more

Beneficial Owner, Corporate Governance, Corporate Transparency Act, Filing Deadlines, FinCEN

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Grace Moore

AG Bondi Refocuses DOJ Priorities in New Guidance Documents

On February 5, newly confirmed Attorney General Pam Bondi issued a series of guidance documents refocusing U.S. Department of Justice (DOJ) priorities for the new Administration. In addition to effectuating many of President… more

Affirmative Action, Attorney General, Bribery, Cartels, Compliance

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Stephen Morrison

USTR Seeks Comments on USMCA, Sets November Hearing Ahead of 2026 Joint Review

On September 16, 2025, the Office of the U.S. Trade Representative (USTR) released for public inspection a Federal Register notice outlining the process for the public consultation on the U.S.-Mexico-Canada Agreement (USMCA)… more

Canada, Comment Period, Compliance, International Trade, Mexico

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Brandon Moss

Contractors Indicted on Trade-Related Fraud Charges as DOJ Continues Enforcement Push

A federal grand jury recently indicted two companies based in the Denver area, along with several current and former executives, for allegedly defrauding the U.S. government. The August 21 indictment, announced September 30,… more

Buy American Act, China, Criminal Prosecution, Customs, Department of Justice (DOJ)

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Desiree Murray

Companies Remain at Risk for Remote IT Worker Fraud; Should Consider Appropriate Mitigation Strategies

The U.S. Department of Justice (DOJ) recently announced a coordinated, nationwide enforcement action countering the Democratic People’s Republic of Korea (DPRK or “North Korea”) government’s efforts to finance its regime through… more

Anti-Money Laundering, Cybersecurity, Data Security, Department of Justice (DOJ), Enforcement Actions

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Edith Nagy

FDA’s Catch-Up Plan on Cosmetics Faces Likely Regulatory Delays with Change in Administrations

The U.S. Food and Drug Administration (FDA) has been playing catch-up on three long-delayed proposed rules required under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA): •Standardized test methods to detect… more

Asbestos, Consumer Product Companies, Cosmetics, Enforcement, Final Rules

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Augusta Nau

Criminal Indictment of Supervisor May Not be a Claim “By or on Behalf of” Minor Employee under EPL Policy

The U.S. District Court for the Southern District of Ohio, applying Ohio law, has held that it cannot conclude as a matter of law whether a criminal indictment brought by the state based on sexual harassment of a minor employee… more

Claims Made Policy, Contract Interpretation, Criminal Prosecution, Denial of Insurance Coverage, Employment Litigation

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Hon. Nazak Nikakhtar

[Webinar] Day-After Debrief: IEEPA Tariffs at the Supreme Court - November 6th, 12:30 pm - 1:15 pm EST

Join us for next-day analysis of the Supreme Court’s oral arguments on the President’s authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA). Members of our International Trade, Litigation,… more

Congressional Intent, Constitutional Challenges, International Emergency Economic Powers Act (IEEPA), National Security, Oral Argument

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Joel Nolette

[Webinar] Day-After Debrief: IEEPA Tariffs at the Supreme Court - November 6th, 12:30 pm - 1:15 pm EST

Join us for next-day analysis of the Supreme Court’s oral arguments on the President’s authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA). Members of our International Trade, Litigation,… more

Congressional Intent, Constitutional Challenges, International Emergency Economic Powers Act (IEEPA), National Security, Oral Argument

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Scott Nuzum

Copyright Office Issues Key Guidance on Fair Use in Generative AI Training

On May 9, 2025, the U.S. Copyright Office (the Office) released the third and final report in its “Copyright and Artificial Intelligence” series, offering its most comprehensive guidance to date on one of the most contested… more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Copyright Office

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Stephen Obermeier

Supreme Court Blocks Mexico’s Gun Lawsuit: PLCAA Shields U.S. Firearm Makers from Litigation

On June 5, 2025, the U.S. Supreme Court held unanimously, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, that the gun-manufacturer and gun-distributor defendants sued by Mexico for negligence and related torts were… more

Aiding and Abetting, Constitutional Challenges, Firearms, Gun Laws, Gun Manufacturers

See all updates »

Olaoluwaposi Oshinowo

[Webinar] Fall Series – Internal Workplace Investigations 101 - October 16th, 12:00 pm - 12:30 pm ET

Conducting Effective Internal Investigations – From Intake to Resolution - Join Wiley’s Employment and White Collar attorneys for a practical, three-part training to guide employers through the full lifecycle of internal… more

Best Practices, Embezzlement, Employer Liability Issues, Employment Discrimination, Fraud

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Vaibhavi Patria

Additional Analysis on DOD’s Final Rule for the Cybersecurity Maturity Model Certification Program

WHAT: The U.S. Department of Defense (DOD) this month published the second of two final rules needed to begin phasing in the long-awaited Cybersecurity Maturity Model Certification (CMMC) Program. This final rule amends the… more

Contract Terms, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Data Security

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Greta Peisch

[Webinar] Day-After Debrief: IEEPA Tariffs at the Supreme Court - November 6th, 12:30 pm - 1:15 pm EST

Join us for next-day analysis of the Supreme Court’s oral arguments on the President’s authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA). Members of our International Trade, Litigation,… more

Congressional Intent, Constitutional Challenges, International Emergency Economic Powers Act (IEEPA), National Security, Oral Argument

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George Petel

New Executive Order Calls for Reforming Federal Grant Oversight

WHAT: On August 7, 2025, President Trump released an Executive Order (EO), “Improving Oversight Of Federal Grantmaking.” Citing a study from 2024 that claimed more than a quarter of the new National Science Foundation (NSF)… more

Administrative Agencies, Anti-Discrimination Policies, Constitutional Challenges, Contract Terms, Discretionary Clauses

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Nick Peterson

Day 7 of the Government Shutdown: Updates on Activities of Selected Departments and Agencies

October 7, 2025 marks Day 7 of the government shutdown. Multiple press reports indicate not much progress has been made thus far in resolving the shutdown dispute. On a Sunday morning show on Fox News, Senate Majority Leader… more

Appropriations Bill, CFIUS, COFC, Department of Agriculture, Department of Justice (DOJ)

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Lauren Petrin

MAHA Strategy Report Sets Table for Multiple Food, Agriculture, and Environmental Policy Changes

On September 9, 2025, the Make America Healthy Again (MAHA) Commission released its Strategy Report for combating “the childhood chronic disease crisis.” The MAHA Commission determined this crisis existed in its May 2025 MAHA… more

Agricultural Sector, Centers for Disease Control and Prevention (CDC), Chemicals, Department of Health and Human Services (HHS), Dietary Guidelines

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W. Benjamin Phillips, III

Army Launches Cloud-Based Foreign Military Sales Case Execution System

WHAT: The U.S. Army Program Executive Office (PEO) Enterprise and several stakeholders have successfully deployed an initial capability of the Foreign Military Sales – Army Case Execution System (FMS-ACES). Described in the… more

Army, China, Cloud Computing, Defense Sector, Department of Defense (DOD)

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Leslie Platt

Cyber Risks and Insurance 2025 Forecast

As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this… more

Artificial Intelligence, Biometric Information Privacy Act, Business Interruption, Business Losses, California Privacy Rights Act (CPRA)

See all updates »

Dorthula Powell-Woodson

Considering a New PBM? What to Know and What to Do Now

From our years of counseling clients on effective pharmacy benefit management (PBM) contracting – from procurement to contract execution – Wiley Rein knows that many Plans (health plans/plan sponsors/collectives/third party… more

Contract Drafting, Contract Negotiations, Contract Terms, Drug Pricing, Employee Benefits

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Duane Pozza

Wiley Consumer Protection Download (November 4, 2025)

CFPB Issues Interpretive Rule Preempting State Medical Debt Reporting Bans. On October 28, the CFPB issued an interpretive rule expressing that the Fair Credit Reporting Act (FCRA) generally preempts state laws that touch on… more

California Consumer Privacy Act (CCPA), Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Cryptocurrency, Enforcement Actions

See all updates »

Alan Price

CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of… more

Appeals, CAFC, China, Constitutional Challenges, Court of International Trade

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Jillian Quigley

FCC Releases Draft Proposal for Sweeping Space Modernization Reforms

On October 7, 2025, the Federal Communications Commission (FCC) released a draft Notice of Proposed Rulemaking (NPRM) that would seek comment on major reforms to its space and earth station licensing frameworks. The draft NPRM… more

Comment Period, FCC, Information Sharing, License Applications, Licenses

See all updates »

Eve Klindera Reed

FCC Approves Broadcast Ownership NPRM, Advancing 2022 Quadrennial Review

On September 30, the Federal Communications Commission (FCC or Commission) voted 3-0 to approve a Notice of Proposed Rulemaking (NPRM), starting the next phase of the FCC’s 2022 Quadrennial Review to examine whether certain of… more

Broadcasting, Comment Period, Competition, FCC, Mergers

See all updates »

Teresita Regelbrugge

[Webinar] Cyber Insights: What’s Behind Evolving Cyber Policy and What Does It Mean for Your Organization? - October 21st, 12:30 pm - 1:30 pm EDT

Since 2004, October has marked Cybersecurity Awareness Month and for more than 15 years Wiley’s team of cybersecurity, tech, and government contracts experts has been helping organizations manage cyber risk. On October 21, as… more

Continuing Legal Education, Controlled Unclassified Information (CUI), Cyber Incident Reporting, Cyber Threats, Cybersecurity

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D. Mark Renaud

Three Legal Considerations for Grassroots, Grasstops, and Public Affairs Campaigns

Spending on federal and state lobbying continues to soar – a reality that has created new challenges for companies, trade associations, and other groups trying to advance their advocacy goals. To supplement their direct… more

Advertising, Campaign Finance Reform, Disclaimers, Disclosure Requirements, Ethics

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Ysabelle Reyes

Déjà Sue: Prior Notice Exclusion Dooms Recovery for New Lawsuits Alleging Previously Noticed Conduct

The United States District Court for the District of Delaware, applying Delaware law, has held that a prior notice exclusion bars coverage for securities and derivative lawsuits alleging the same underlying conduct as a letter… more

Business Litigation, Claims Made Policy, D&O Insurance, Delaware, Denial of Insurance Coverage

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Kimberly Reynolds

USTR Announces Final Action in Section 301 Investigation into China’s Shipbuilding/Logistics Practices

On April 17, 2025, the Office of the U.S. Trade Representative (USTR) issued its final notice of action in its investigation into China’s unfair practices affecting the shipbuilding and maritime logistics sectors. According to… more

China, Economic Sanctions, Executive Orders, International Trade, Maritime Transport

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John Allen Riggins

Administration Releases Details on Planned Increases to Section 301 Duties on Imports of Steel, Aluminum, Electric Vehicles, Semiconductors, Solar Cells, and Other Products from China

On May 22, 2024, the Office of the U.S. Trade Representative (USTR) released the text of a Federal Register notice detailing the tariff codes to be impacted by the Biden Administration’s proposed increase in tariffs on $18… more

Anti-Dumping Duty, China, Countervailing Duties, Customs, Federal Register

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Stephanie Rigizadeh

December 1, 2025 FCC EEO Deadlines for Stations in AL, GA, CO, MN, MT, ND, SD, CT, ME, MA, NH, RI, and VT

Radio and television station employment units (SEUs) located in Alabama, Georgia, Colorado, Minnesota, Montana, North Dakota, South Dakota, Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont with five or… more

Compliance, Deadlines, EEO, FCC, Filing Requirements

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Jessica Rosenthal

PPP Loan Program Re-Opens

As we recently detailed, on January 6, 2021, the Small Business Administration (SBA) issued two Interim Final Rules (first rule and second rule) setting forth the regulations for the newly authorized round of PPP funding, which… more

Borrowers, Loan Applications, Loans, Paycheck Protection Program (PPP), Relief Measures

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Bennett Ross

FCC Sunsets Form 477 Filing Obligations

On December 8, 2022, the Federal Communications Commission (FCC) released an Order sunsetting the obligation of facilities-based providers to report Form 477 broadband deployment data. The FCC’s action is consistent with its… more

Broadband, Data Collection, FCC, Notification Requirements, Telecommunications

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Hume Ross

SCOTUS Overrules Chevron and Opens Door to More Challenges Under APA: Environmental Law Implications of Loper Bright and Corner Post

The U.S. Supreme Court issued two opinions at the end of its term impacting environmental law. In Loper Bright Enterprises v. Raimondo, the Court held that courts must exercise independent judgment when determining if an agency… more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Clean Air Act, Corner Post Inc v Board of Governors of the Federal Reserve System

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Jacquelynn Ruff

AI Around the Globe: What to Know in 2024

In this Wiley Connected podcast, hear from Wiley Partners Amb. David Gross, Duane Pozza, Joan Stewart, and Consulting Counsel Jacquelynn Ruff about the latest in international developments surrounding Artificial Intelligence… more

Artificial Intelligence, Biden Administration, EU, Executive Orders, Innovative Technology

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Kevin Rupy

FCC Proposes Tougher Standards for Call Labeling and Foreign-Originated Calls

On October 28, 2025, the Federal Communications Commission (FCC) voted 3-0 to adopt a Ninth Further Notice of Proposed Rulemaking (FNPRM) in its Advanced Methods to Target and Eliminate Unlawful Robocalls and Call Authentication… more

Authentication, Caller ID Services, Country of Origin, FCC, Foreign Entities

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Kenneth Ryan

Pollution Exclusion Carve-Out Creates Duty to Defend PFAS Remediation Claim

The United States District Court for the Northern District of New York, applying New York law, has determined that an insurer had a duty to defend an insured because a carve-out to the relevant pollution exclusion applied. Town… more

Carve Out Provisions, CERCLA, Contamination, Corporate Counsel, Duty to Defend

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Kara Sacilotto

Day 7 of the Government Shutdown: Updates on Activities of Selected Departments and Agencies

October 7, 2025 marks Day 7 of the government shutdown. Multiple press reports indicate not much progress has been made thus far in resolving the shutdown dispute. On a Sunday morning show on Fox News, Senate Majority Leader… more

Appropriations Bill, CFIUS, COFC, Department of Agriculture, Department of Justice (DOJ)

See all updates »

Tatiana Sainati

[Podcast] Collateral Consequences: The Iowa College Sports-Betting Scandal

For the first episode of Wicked Coin’s second season, hosts Tatiana Sainati and Diana Shaw are joined by special guest Colin Cloherty, a Wiley associate, former NFL player, and federal prosecutor, who helps them unravel the… more

College Athletes, Criminal Investigations, Enforcement Actions, Fraud, Gambling

See all updates »

Rebecca Saitta

Top Ten Considerations for a Joint Venture in a Government Procurement

For government contractors with diverse strengths and shared business objectives, joint ventures—known formally as “contractor team arrangements” (CTA) in the Federal procurement context—can provide significant opportunities for… more

Dispute Resolution, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Procurement Systems, Intellectual Property Protection

See all updates »

Frank Scaduto

[Podcast] Open Banking, Financial Data Rights, and What it Means for Crypto

In the latest episode of CryptoCounsel, Frank is joined by his Wiley colleague Duane Pozza for a deep dive into open banking with guest Steve Boms, Founder and President of Allon Advocacy and Executive Director of the Financial… more

Consumer Financial Protection Bureau (CFPB), Consumer Privacy Rights, Cryptocurrency, Data Privacy, Digital Assets

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Anna Schaffner

Eleventh Circuit Splits Single Lawsuit into Multiple “Claims” When Applying Misappropriation Exclusion and Determining Duty to Defend

The United States Court of Appeals for the Eleventh Circuit, applying Georgia law, has held that a single lawsuit constitutes multiple “claims” and some of those “claims” fell outside the misappropriation exclusion in a lawyers… more

Appeals, Appellate Courts, Attorney Malpractice, Claims Made Policy, Denial of Insurance Coverage

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Lori Scheetz

Day 7 of the Government Shutdown: Updates on Activities of Selected Departments and Agencies

October 7, 2025 marks Day 7 of the government shutdown. Multiple press reports indicate not much progress has been made thus far in resolving the shutdown dispute. On a Sunday morning show on Fox News, Senate Majority Leader… more

Appropriations Bill, CFIUS, COFC, Department of Agriculture, Department of Justice (DOJ)

See all updates »

Mary Beth Schultz

DOJ Creates New Enforcement & Affirmative Litigation Branch Within Civil Division

On Thursday September 25, the U.S. Department of Justice (DOJ) announced the creation of a new Enforcement & Affirmative Litigation Branch within the Civil Division. According to the DOJ press release, DOJ’s affirmative… more

Constitutional Challenges, Consumer Product Safety Commission (CPSC), Consumer Protection Laws, COPPA, Department of Justice (DOJ)

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Kathleen Scott

California Finalizes Pivotal CCPA Regulations on AI, Cyber Audits, and Risk Governance

Following several years of intensive rulemaking, the California Privacy Protection Agency (CPPA) has finalized new regulations under the California Consumer Privacy Act (CCPA) that govern three critical areas: (1) mandatory… more

Artificial Intelligence, Audits, Automated Decision Systems (ADS), California, California Consumer Privacy Act (CCPA)

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John Shane

Commerce Expands EAR End-User Controls with New “50 Percent Rule”

On September 30, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule (IFR) that significantly expands the number of foreign entities subject to license requirements and… more

Bureau of Industry and Security (BIS), Due Diligence, Economic Sanctions, Entity List, Export Administration Regulations (EAR)

See all updates »

Diana Shaw

[Podcast] Collateral Consequences: The Iowa College Sports-Betting Scandal

For the first episode of Wicked Coin’s second season, hosts Tatiana Sainati and Diana Shaw are joined by special guest Colin Cloherty, a Wiley associate, former NFL player, and federal prosecutor, who helps them unravel the… more

College Athletes, Criminal Investigations, Enforcement Actions, Fraud, Gambling

See all updates »

Michael Showalter

Supreme Court Holds That Federal Agencies May Seek Punitive Money Penalties Only Before A Jury

Last week the U.S. Supreme Court held in SEC v. Jarkesy that a defendant in a securities fraud suit has the right to be tried by a jury in an Article III court, rather than before an agency’s own tribunal. The Court’s analysis… more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Article III, Civil Monetary Penalty

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Savanna Shuntich

[Webinar] Fall Series – Internal Workplace Investigations 101 - October 16th, 12:00 pm - 12:30 pm ET

Conducting Effective Internal Investigations – From Intake to Resolution - Join Wiley’s Employment and White Collar attorneys for a practical, three-part training to guide employers through the full lifecycle of internal… more

Best Practices, Embezzlement, Employer Liability Issues, Employment Discrimination, Fraud

See all updates »

Pamela Signorello

Cyber Risks and Insurance 2025 Forecast

As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this… more

Artificial Intelligence, Biometric Information Privacy Act, Business Interruption, Business Losses, California Privacy Rights Act (CPRA)

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Sarah Simonetti

SCOTUS Overrules Chevron and Opens Door to More Challenges Under APA: Environmental Law Implications of Loper Bright and Corner Post

The U.S. Supreme Court issued two opinions at the end of its term impacting environmental law. In Loper Bright Enterprises v. Raimondo, the Court held that courts must exercise independent judgment when determining if an agency… more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Clean Air Act, Corner Post Inc v Board of Governors of the Federal Reserve System

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Cara Sizemore

[Podcast] Federal Construction Contracts: Lessons from the Framaco Case

In this episode of Wiley's Government Contracts podcast, Cara Sizemore breaks down recurring issues in construction contracting, such as delays, change requests, and conflicting specifications, through the lens of recent… more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Federal Acquisition Regulations (FAR)

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Craig Smith

Preparing for a Potential Government Shutdown

Status of Government Funding: Current funding for the Federal Government expires after next Tuesday, September 30, 2025. While full-year spending bills for the federal government are not yet complete, Congress is currently… more

Appropriations Bill, Continuing Resolution, Contract Disputes, Contract Management, Contract Terms

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Craig Sperling

[Webinar] Class Action Trends: Website Tracking Pixels and Video Privacy Protection Act (VPPA) Claims - October 27th, 1:30 pm - 2:00 pm EDT

Nearly 100 class actions have been filed against companies whose websites offer video services to consumers and that use tracking pixels to track consumers’ video viewing activity. The use of tracking pixels is an extremely… more

Class Action, Data Privacy, Litigation Strategies, Online Videos, Video Privacy Protection Act

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Alex L. D. Stanton

[Webinar] Environment & Product Regulation - New Chemicals & TSCA - November 18th, 12:00 pm - 1:00 pm EST

Join us for a lively discussion of chemistry fundamentals and information on how to navigate the EPA’s New Chemical Review process. Led by Dr. Alex Stanton, who recently joined Wiley from the EPA’s New Chemicals Division,… more

Continuing Legal Education, Data Collection, Environmental Protection Agency (EPA), Notice Requirements, Regulatory Requirements

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Joan Stewart

December 1, 2025 FCC EEO Deadlines for Stations in AL, GA, CO, MN, MT, ND, SD, CT, ME, MA, NH, RI, and VT

Radio and television station employment units (SEUs) located in Alabama, Georgia, Colorado, Minnesota, Montana, North Dakota, South Dakota, Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont with five or… more

Compliance, Deadlines, EEO, FCC, Filing Requirements

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Stacey Sutton

Fraud and Scam Prevention Series: Report Identifies Broad Problems and Offers Complex Recommendations

Welcome to Wiley’s new series on fraud and scam prevention. Bad actors increasingly exploit America’s communications, banking, and digital systems to achieve astounding levels of fraud. With American households estimated to lose… more

Consumer Protection Laws, Cybersecurity, Data Privacy, Data-Sharing, Enforcement Actions

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Mark Sweet

Supreme Court Decision Could Galvanize Prosecutions of Government Contractors

The U.S. Supreme Court’s May 22 decision in Kousisis v. United States could have wide-ranging implications for criminal and civil fraud cases against government contractors going forward. The Court ruled that a government… more

Criminal Prosecution, Department of Justice (DOJ), Economic Loss Doctrine, Enforcement Actions, False Claims Act (FCA)

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Krystal Swendsboe

FemTech: Biases and Data Privacy

In this Wiley Connected episode, Associate Krystal Swendsboe sits down with health care Special Counsel Bethany Corbin to discuss FemTech and the biases and data privacy issues in the industry… more

Data Privacy, Health Care Providers, Health Technology, Physicians, Technology Sector

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Mary Sylvia

Intellectual Property Portfolio Development for BioTech Startups in the Plant Space [Webinar]

Mary Sylvia has nearly 30 years experience in microbiology and patent law. Trained initially as a molecular virologist, she focuses primarily on biotech plant and pharmaceutical patent law and the development of intellectual… more

Biotechnology, Copyright, Design Patent, Intellectual Property Protection, IP License

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Natalia Maria Szlarb

The Door Closes on Section 1782 Discovery: U.S. Supreme Court Interprets Controversial Law with Decisive Consequences for International Arbitration

The role of U.S. courts in international arbitration has fundamentally shifted. The Supreme Court issued a unanimous decision in ZF Automotive US v. Luxshare holding that 28 U.S.C. § 1782 does not apply to international… more

Discovery, Foreign Tribunals, Intergovernmental Agreements, International Arbitration, SCOTUS

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Adam Teslik

USTR Announces Final Action in Section 301 Investigation into China’s Shipbuilding/Logistics Practices

On April 17, 2025, the Office of the U.S. Trade Representative (USTR) issued its final notice of action in its investigation into China’s unfair practices affecting the shipbuilding and maritime logistics sectors. According to… more

China, Economic Sanctions, Executive Orders, International Trade, Maritime Transport

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Roderick Thomas

DOJ Affirms Aggressive False Claims Act Enforcement, Highlights Use Against Illegal Trade Practices

The head of the U.S. Department of Justice (DOJ) branch that oversees False Claims Act (FCA) investigations affirmed the Trump Administration’s commitment to pursue civil fraud cases as part of its focus on achieving… more

Customs, Department of Defense (DOD), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

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Maureen Thorson

USTR Seeks Comments on USMCA, Sets November Hearing Ahead of 2026 Joint Review

On September 16, 2025, the Office of the U.S. Trade Representative (USTR) released for public inspection a Federal Register notice outlining the process for the public consultation on the U.S.-Mexico-Canada Agreement (USMCA)… more

Canada, Comment Period, Compliance, International Trade, Mexico

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Enbar Toledano

Ninth Circuit Privacy Ruling Could Be Used to Expand Potential Forums for E-Commerce Lawsuits

On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand… more

Appeals, Business Litigation, California, Cookies, Corporate Counsel

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Michael Toner

Changes at the FEC in 2020

The U.S. Senate voted to confirm three new nominees to serve as Commissioners of the Federal Election Commission (FEC or Commission). The nominees are Shana Broussard, Sean Cooksey, and Allen Dickerson. They are expected to be… more

Federal Election Commission (FEC), Nominations, Trump Administration

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Karen Trainer

Federal PAC Post-General Election Reports Due December 5

All federally registered PACs are required to file post-general election reports with the Federal Election Commission (FEC) by midnight EST on Thursday, December 5, regardless of their activity. This includes both monthly and… more

Federal Election Commission (FEC), General Elections, PACs, Political Campaigns, Political Candidates

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Ania Trichet

Amidst Scrutiny of E-Commerce Platforms, FTC Brings First INFORM Consumers Act Case

E-commerce platforms offering consumer products should take note of the Federal Trade Commission’s (FTC) first action enforcing the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM… more

Consumer Protection Laws, Counterfeit Goods Regulation, Disclosure Requirements, E-Commerce, Enforcement Actions

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Crystal Tully

[Webinar] Cyber Insights: What’s Behind Evolving Cyber Policy and What Does It Mean for Your Organization? - October 21st, 12:30 pm - 1:30 pm EDT

Since 2004, October has marked Cybersecurity Awareness Month and for more than 15 years Wiley’s team of cybersecurity, tech, and government contracts experts has been helping organizations manage cyber risk. On October 21, as… more

Continuing Legal Education, Controlled Unclassified Information (CUI), Cyber Incident Reporting, Cyber Threats, Cybersecurity

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Joshua Turner

Spectrum Policy at MWC 2025: Recapping CTIA's Everything Policy Program

The One Big Beautiful Bill Act (OBBBA) has jump-started U.S. spectrum policy with ambitious spectrum auction requirements to repurpose a minimum amount of spectrum on a specified timetable. On October 14, at CTIA’s Everything… more

5G Network, Deregulation, FCC, Government Agencies, Infrastructure

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Gabby Vance

Wisconsin Appeals Court says “Not So Fast” to Prior Notice Exclusion—Insurer Must Keep Defending

The Wisconsin Court of Appeals, applying Wisconsin law, reversed a circuit court’s order granting an insurer’s motion for declaratory and summary judgment that its policy’s prior notice exclusion barred coverage for certain… more

Appellate Courts, Business Litigation, Condominium Associations, Condominiums, Counterclaims

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Joshua Waldman

[Webinar] Cyber Insights: What’s Behind Evolving Cyber Policy and What Does It Mean for Your Organization? - October 21st, 12:30 pm - 1:30 pm EDT

Since 2004, October has marked Cybersecurity Awareness Month and for more than 15 years Wiley’s team of cybersecurity, tech, and government contracts experts has been helping organizations manage cyber risk. On October 21, as… more

Continuing Legal Education, Controlled Unclassified Information (CUI), Cyber Incident Reporting, Cyber Threats, Cybersecurity

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Robert Walker

Revolving Door Rules: What You Need to Know Before Hiring from (or Heading to) Government

Hiring from or heading to the federal government? Don’t get tripped up by post-employment or conflict of interest rules. Wiley's Robert L. Walker breaks down the “revolving door” restrictions every organization should know –… more

Compliance, Ethics, Federal Employees, Government Agencies, Lobbying

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Brian Walsh

New Executive Order Calls for Reforming Federal Grant Oversight

WHAT: On August 7, 2025, President Trump released an Executive Order (EO), “Improving Oversight Of Federal Grantmaking.” Citing a study from 2024 that claimed more than a quarter of the new National Science Foundation (NSF)… more

Administrative Agencies, Anti-Discrimination Policies, Constitutional Challenges, Contract Terms, Discretionary Clauses

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Gary Ward

Additional Analysis on DOD’s Final Rule for the Cybersecurity Maturity Model Certification Program

WHAT: The U.S. Department of Defense (DOD) this month published the second of two final rules needed to begin phasing in the long-awaited Cybersecurity Maturity Model Certification (CMMC) Program. This final rule amends the… more

Contract Terms, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Data Security

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Sara Beth Watson

EPA’s Proposed Course Corrections to TSCA’s Risk Evaluation Procedures

The U.S. Environmental Protection Agency’s (EPA) much-anticipated Toxic Substances Control Act (TSCA) proposed rule to amend the risk evaluation framework for existing chemicals was published in the Federal Register on September… more

Comment Period, Environmental Protection Agency (EPA), Preemption, Proposed Rules, Regulatory Authority

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Wesley Weeks

What Trump’s Broad Deregulatory EO Means for Telecom, Media, and Technology

On February 19, 2025, the Trump Administration issued an Executive Order (EO) titled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative.” As Wiley has… more

Executive Orders, FCC, Federal Trade Commission (FTC), Government Agencies, Regulatory Agenda

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David Weinberg

DOE Announces $3 Billion in Funding for U.S. Battery Supply Chain

On May 2, 2022, the Department of Energy (DOE) announced $3.16 billion in funding under the Infrastructure Investment and Jobs Act to make more batteries and battery components in the United States and to bolster domestic… more

Charging Stations, Department of Energy (DOE), Electric Vehicles, Executive Orders, Federal Funding

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Corey Weinstein

Supreme Court Determines Some Copyright Owners Can Recover Damages Beyond the Statute of Limitations

On May 9, 2024, the U.S. Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Sherman Nealy et al. (No. 22-1078), holding that copyright owners can recover damages going back more than three years based on… more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Due Diligence

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Christopher Weld

USTR Seeks Public Comment on Global Trade Barriers

The Office of the United States Trade Representative (USTR) recently issued a Federal Register notice seeking public comment on its annual National Trade Estimate Report on Foreign Trade Barriers (NTE Report). USTR is inviting… more

Comment Period, Exports, Foreign Direct Investment, International Trade, Investment

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David Weslow

Supreme Court Takes Up Cox Communications Copyright Infringement Case

On June 30, 2025, the U.S. Supreme Court agreed to hear an appeal in Cox Communications, Inc. v. Sony Music Entertainment, setting the stage for the high court to define copyright infringement liability for internet service… more

Appeals, Contributory Infringement, Copyright Infringement, Copyright Litigation, Cox Communications

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Sydney White

Expiration of Critical Cyber Information Sharing Law Creates Confusion About Authorities and Liability Protections

Landmark cybersecurity information sharing legislation that provided both affirmative authorizations and liability protections expired on September 30, 2025, creating uncertainties about future sharing activities. When it was… more

Antitrust Exemption, Antitrust Provisions, Compliance, Corporate Counsel, Cyber Threats

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Patrick Wohl

Three Legal Considerations for Grassroots, Grasstops, and Public Affairs Campaigns

Spending on federal and state lobbying continues to soar – a reality that has created new challenges for companies, trade associations, and other groups trying to advance their advocacy goals. To supplement their direct… more

Advertising, Campaign Finance Reform, Disclaimers, Disclosure Requirements, Ethics

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Alex Wood

Commerce Confirms that Vietnam Remains a Non-Market Economy

On August 2, 2024, the U.S. Department of Commerce (the Department) determined that the Socialist Republic of Vietnam (Vietnam) continues to function as a non-market economy (NME) and will continue to be treated as such for the… more

Anti-Dumping Duty, Domestic Industry Requirement, Importers, State-Owned Enterprises, Trade Remedies

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Andrew Woodson

Ohio Foreign National Restriction Remains in Force After Sixth Circuit Ruling; Federal PACs’ Non-Federal Activity Negatively Affected

Ohio’s ban on political spending from lawful permanent residents remains in force following a September 16 ruling by a panel for the U.S. Court of Appeals for the Sixth Circuit. The decision dissolved an earlier injunction (that… more

Appellate Courts, Constitutional Challenges, Federal v State Law Application, Foreign Nationals, Lawful Permanent Residents

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Isaac Wyant

BIS Rescinds Biden-Era Firearms Export Rule: Key Regulatory Changes for Exporters

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently released a new final rule effectively rescinding almost all of a Biden-era interim final rule (IFR) on civilian exports of firearms, related… more

Biden Administration, Bureau of Industry and Security (BIS), Compliance, ECCNs, Export Administration Regulations (EAR)

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Brandis Zehr

OPM’s New PLUM Website Facilitates LDA Reporting

Over the summer, the Office of Personnel Management (OPM) formally unveiled a website that will help corporations, trade associations, membership organizations, and lobbying firms navigate the twists and turns of the Lobbying… more

Disclosure Requirements, Filing Requirements, Government Agencies, Internal Revenue Code (IRC), Lobbying

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