Author Info for Wiley Rein LLP

Melissa Alba

FCC Adopts Long-Awaited Order Enabling Limited Access to Dedicated Spectrum for Uncrewed Aircraft Systems

On August 21, in a long-awaited action, the Federal Communications Commission (FCC or Commission) adopted a Report and Order (Order) establishing rules to allow limited access to spectrum in the 5030-5091 MHz band for use by…more

Aerospace, Airspace, Drones, FCC, Federal Aviation Administration (FAA)

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Kimberly Alli

Wiley Consumer Protection Download (July 16, 2024)

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory…more

Advertising, Buy Now Pay Later (BNPL), Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), COPPA

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Sarah Amick

EPA Delays Start Date for PFAS Reporting Under TSCA Section 8(a)(7), While Mandatory PFAS Reporting in Canada Is Still Ongoing

On September 5, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a direct final rule with a parallel proposed rule to delay the reporting period for the October 2023 final rule that requires…more

Canada, Climate Change, Delays, Environmental Protection Agency (EPA), OECD

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Thomas Antonucci

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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Attison Barnes, III

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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Sara Baxenberg

FCC Adopts Long-Awaited Order Enabling Limited Access to Dedicated Spectrum for Uncrewed Aircraft Systems

On August 21, in a long-awaited action, the Federal Communications Commission (FCC or Commission) adopted a Report and Order (Order) establishing rules to allow limited access to spectrum in the 5030-5091 MHz band for use by…more

Aerospace, Airspace, Drones, FCC, Federal Aviation Administration (FAA)

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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

Time’s Up! Cosmetic Facilities Must Comply With FDA’s New Registration Requirements by July 1

The July 1, 2024 deadline is fast approaching for cosmetic product manufacturers to comply with new registration and listing requirements under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). Passage of the 2022…more

Cosmetics, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Health and Safety, Manufacturers

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Stephanie Bell

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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Hannah Bingham

North Carolina Amends Campaign Finance Requirements for Federal PACs and Political Organizations

North Carolina recently enacted House Bill 237, which now permits federal PACs and political organizations (527s) to contribute to North Carolina candidates and political committees without registering or reporting as a state…more

Federal Election Commission (FEC), Governor Cooper, North Carolina, PACs, Political Candidates

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Thomas Benjamin Boley

Eighth Circuit Finds Duty to Defend Under Media Liability Policy Despite Broad Related Acts Provision

The United States Court of Appeals for the Eight Circuit, applying Minnesota law, has held that a media liability insurer had a duty to defend a reseller of computer networking products against a trademark infringement lawsuit…more

Duty to Defend, Insurance Claims, Insurance Industry, Insurance Litigation, Trademark Infringement

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Scott Bouboulis

FCC Releases Draft NPRM to Secure Equipment Authorization Testing Labs

On May 1, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (draft NPRM or Draft) regarding the Commission’s equipment authorization program. The bipartisan proposal –…more

Certifications, Engineering, FCC, National Security, NPRM

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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

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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Jeremy Broggi

Appeals Court Rules Against ATF’s use of “Vague” and “Amorphous” Factors to Classify Firearms

In a case argued by Wiley attorneys on behalf of the Firearms Regulatory Accountability Coalition (FRAC), SB Tactical, B&T USA, and Richard Cicero, the Eighth Circuit issued a 2-1 opinion in FRAC v. Garland finding that the…more

Administrative Procedure Act, Arbitrary and Capricious, ATF, Firearms, Gun Laws

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Daniel Brooks

FCC Announces Effective Date of New Filing Requirements for Domestic Section 214 Transfer of Control Applications

Wednesday, the Federal Communications Commission (FCC or Commission) announced September 11, 2024 as the effective date of two rules initially adopted in the agency’s Team Telecom Process Reform Report and Order. Specifically,…more

CFIUS, Equity Investors, FCC, National Security, OMB

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Spencer Brooks

Copyright Office Proposes Streamlined Registration Option for News Websites

Copyright infringement is a significant problem for operators of news websites. As any journalism organization knows, producing original news content is a costly endeavor. All too often, sophisticated and amateur infringers…more

Copyright Applications, Copyright Infringement, Copyright Office, Copyright Registration, Media

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Jacqueline Brown

CMMC 2.0 Update: DOD Proposed Rule Introduces Standard Terms for Contracts Subject to CMMC 2.0, Including Yet Another 72-Hour Notification Requirement

WHAT: The U.S. Department of Defense (DOD) just published the second of two proposed rules setting forth key requirements for its long-anticipated Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The earlier…more

Controlled Unclassified Information (CUI), Corporate Counsel, Cyber Incident Reporting, Cybersecurity, Cybersecurity Maturity Model Certification (CMMC)

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Megan Brown

Athletes, Arenas, and Cyberattacks: The Evolving Landscape of Cybersecurity in Sports

As cybersecurity threats continue to evolve, the sports industry faces unique challenges in safeguarding its data, athletes, and events. During a recent panel discussion at the Aspen Cyber Summit, Reynold Hoover, CEO of the 2028…more

Arenas and Stadiums, Athletes, Cyber Attacks, Cybersecurity, Cybersecurity Information Sharing Act (CISA)

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Bryan Bunting

Board of Contract Appeals Holds That Software Licensor Who Delivered Software Through GSA Reseller Cannot Pursue Claim Directly Against the Government

In a decision of first impression that could have significant implications for the many commercial software vendors who license software to the U.S. Government through U.S. General Services Administration (GSA) Schedule…more

Board of Contract Appeals, CBCA, Contract Disputes, EULA, Federal Contractors

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Jon Burd

DoD Proposes Amendments to National Industrial Security Program Operating Manual (NISPOM)

WHAT: On December 13, 2023, the Department of Defense (DoD) proposed amendments to the National Industrial Security Program Operating Manual (NISPOM) that seek to address the public comments it received in response to its…more

Code of Federal Regulations (CFR), Department of Defense (DOD), Federal Contractors, National Industrial Security Program (NISP), National Security

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John Burgett

Annual Update to ETRS Form One Due By October 4, 2024

The Federal Communications Commission (FCC or Commission) has announced that the EAS Test Reporting System (ETRS) is now open for Emergency Alert System (EAS) Participants to file Form One. Under the FCC’s rules, EAS…more

Broadcasting, Emergency Alerts, FCC, FEMA, Radio Stations

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Caleb Burns

Congressman Henry Cuellar’s Federal Charges Include Acting as a Foreign Agent

Representative Henry Cuellar (D-TX) and his wife, Imelda Cuellar, are facing federal charges of bribery, money laundering, and violations of the ban against public officials serving as foreign agents required to register under…more

Bribery, Department of Justice (DOJ), Foreign Agents, Foreign Agents Registration Act (FARA), Foreign Policy

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Ralph Caccia

Biden DOJ Stiffens Corporate Enforcement

On October 28, 2021, Deputy Attorney General (DAG) Lisa Monaco announced sweeping policy changes to the U.S. Department of Justice’s (DOJ) corporate enforcement at the ABA’s 36th National Institute on White Collar Crime. DAG…more

Anti-Corruption, Biden Administration, Compliance, Corporate Counsel, Corruption

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Tessa Capeloto

Senators Look to Close Prominent FARA Registration Exemptions by Introducing STRATEGIC Act

On September 19, a group of Republican Senators led by Foreign Relations Committee Ranking Member Jim Risch (R-ID) introduced the STRATEGIC Act of 2024 to combat Chinese Communist Party (CCP) influence within the United States…more

China, Department of Justice (DOJ), Foreign Agents, Foreign Agents Registration Act (FARA), Iran

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Jonathan Clark

SBA Considers Restrictions on the Use of Mentor-Protégé Joint Ventures

WHAT: The U.S. Small Business Administration (SBA) has requested comments on prospective policy changes concerning the use of joint ventures under the mentor-protégé program. Due to what SBA characterized as a “perception that…more

Federal Contractors, Joint Venture, Mentor-Protege Program, Multiple Award Contracts, SBA

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Edgar Class

Standard Team Telecom Questions Take Effect, Completing FCC’s Modernization Effort

On Friday, August 23, the Federal Communications Commission (FCC or Commission) issued a Public Notice announcing that its rules regarding standardized national security and law enforcement questions (Standard Questions) for…more

FCC, Modernization, OMB, Public Notice, Team Telecom

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Colin Cloherty

Athletes, Arenas, and Cyberattacks: The Evolving Landscape of Cybersecurity in Sports

As cybersecurity threats continue to evolve, the sports industry faces unique challenges in safeguarding its data, athletes, and events. During a recent panel discussion at the Aspen Cyber Summit, Reynold Hoover, CEO of the 2028…more

Arenas and Stadiums, Athletes, Cyber Attacks, Cybersecurity, Cybersecurity Information Sharing Act (CISA)

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Stephen Conley

Wiley Consumer Protection Download (September 17, 2024)

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory…more

Client Account Reviews, Consumer Financial Protection Bureau (CFPB), Consumer Review Fairness Act (CRFA), Credit Reports, Debt Collection

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Kathleen Cooperstein

Hot Fraud Summer: DOJ’s Latest Criminal Takedown

The U.S. Department of Justice (DOJ) Criminal Division’s Health Care Fraud Strike Force announced the results of its latest nationwide enforcement action on June 27, 2024, one year (almost to the day) since its last major…more

Anti-Kickback Statute, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud and Abuse

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Paul Coyle

Commerce and State Propose Broad New Controls on Exports and Support for Foreign Military, Intelligence, and Security Services

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently issued two proposed rules that substantially increase the scope of controls under the Export Administration Regulations (EAR) applicable to certain…more

Bureau of Industry and Security (BIS), Commerce Control List, Directorate of Defense Trade Controls (DDTC), Export Administration Regulations (EAR), Export Controls

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Ashley Criss

Second Circuit Finds Pre-Suit Letter Was a “Claim” and Remands for Determination of Whether Notice of Claim Was Timely

The United States Court of Appeals for the Second Circuit, applying New York law, has held that a pre-suit letter sent to an insured constituted a “Claim” under a liability policy. Match Group, LLC v. Beazley Underwriting Ltd.,…more

Appeals, Denial of Insurance Coverage, Insurance Claims, Insurance Industry, Insurance Litigation

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Nova Daly

CFIUS Annual Report For 2023 Highlights Increasing Focus on Compliance and Enforcement Despite Reduction in Cases

The Committee on Foreign Investment in the United States (CFIUS or the Committee) recently released the public version of its Annual Report to Congress for the calendar year 2023. The report shows an increasing emphasis on…more

CFIUS, Covered Transactions, Declaration, Foreign Investment, Mitigation

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Robert DeFrancesco, III

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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Scott Delacourt

FCC Sets October Comment Deadlines on NPRM for AI-Generated Calls and Texts

The Federal Communications Commission (FCC or Commission) has announced comment deadlines for a Notice of Proposed Rulemaking and Notice of Inquiry (NPRM and NOI) released in early August that, among other things, proposes new…more

Artificial Intelligence, Auto-Dialed Calls, Biden Administration, Call Blocking, Consent

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Brooke DeLoatch

Medicare Drug Price Negotiation Program: CMS Releases New Discounted Prices for 2026 Selected Drugs

As many have now heard, on Thursday, August 15, 2024, the Centers for Medicare & Medicaid Services (CMS) released the prices for the first 10 prescription drugs selected for negotiation with manufacturers (Selected Drugs) under…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Inflation Reduction Act (IRA), Medicare, Medicare Part B

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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

House Select Committee on the CCP Releases Report Proposing Changes to CFIUS

On December 12, 2023, the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party (the “Committee”), led by Chairman Mike Gallagher (WI), issued a wide-ranging report with…more

Agricultural Land, CFIUS, China, Critical Infrastructure Sectors, Executive Orders

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Kathryne Dickerson

Children’s Programming Commercial Limits Violations Result in $3M Fine for Broadcasters

For one of our authors, their kids’ current favorite treat is a chocolate bar sold by a popular YouTube personality (and philanthropist!). The kids know about this particular chocolate bar because the personality promotes it…more

Advertising, Broadcasting, Dissenting Opinions, Enforcement Actions, FCC

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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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Laura El-Sabaawi

USTR Seeks Public Comment on Promoting Supply Chain Resilience

On March 7, 2024, the Office of the United States Trade Representative (USTR) announced a Request for Comments on Promoting Supply Chain Resilience, seeking public comment on policy initiatives that promote supply chain…more

Biden Administration, Imports, Public Comment, Supply Chain, US Trade Policies

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Kahlil Epps

FTC Proposes New Rule to Broadly Ban Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission (FTC or Commission) released a Notice of Proposed Rulemaking (NPRM) that seeks to ban employers from imposing or enforcing non-compete clauses on workers. The FTC’s proposed rule…more

Executive Orders, Federal Trade Commission (FTC), FTC Act, Independent Contractors, Joe Biden

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Michael Faucette

Appeals Court Rules Against ATF’s use of “Vague” and “Amorphous” Factors to Classify Firearms

In a case argued by Wiley attorneys on behalf of the Firearms Regulatory Accountability Coalition (FRAC), SB Tactical, B&T USA, and Richard Cicero, the Eighth Circuit issued a 2-1 opinion in FRAC v. Garland finding that the…more

Administrative Procedure Act, Arbitrary and Capricious, ATF, Firearms, Gun Laws

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Scott Felder

Five Lessons to Prevent Government Abuse of Commercial Software Licenses

When the U.S. Government licenses commercial software, it generally does so under the same terms as any other commercial software licensee, unless the terms of that license are inconsistent with federal law or do not otherwise…more

Armed Services Board of Contract Appeals, CBCA, COFC, Department of Defense (DOD), EULA

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Elizabeth Fisher

No E&O Coverage for Settlement of Illinois State Governmental Investigation

The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an E&O policy does not afford coverage for a settlement with two government agencies, including the payment of fines or…more

Denial of Insurance Coverage, Errors and Omissions Policy, Insurance Claims, Insurance Industry, Insurance Litigation

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J. Ryan Frazee

Navigating a New Judicial Landscape: Executive Actions Under FPASA Face Scrutiny

A long-time bipartisan practice may be getting a fresh look from federal courts. Historically, presidential administrations have leveraged government contracts to implement various policy aims – sometimes those unrelated to the…more

Contract Terms, Coronavirus/COVID-19, Executive Orders, Federal Contractors, Federal Property and Administrative Services Act (FPASA)

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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

Washington Court Holds Late Notice Bars Coverage Under Claims-Made Policy

A federal district court, applying Washington law, has held that coverage for a claim was barred because an insured failed to provide notice within the claim-made policy’s reporting deadline. In November 2017, the insured…more

Demand Letter, Denial of Insurance Coverage, Insurance Claims, Insurance Industry, Insurance Litigation

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Boyd Garriott

Appeals Court Rules Against ATF’s use of “Vague” and “Amorphous” Factors to Classify Firearms

In a case argued by Wiley attorneys on behalf of the Firearms Regulatory Accountability Coalition (FRAC), SB Tactical, B&T USA, and Richard Cicero, the Eighth Circuit issued a 2-1 opinion in FRAC v. Garland finding that the…more

Administrative Procedure Act, Arbitrary and Capricious, ATF, Firearms, Gun Laws

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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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Henry Gola

Hosted Payload S2.E1: Caroline Van Wie/Working Girl

Hosted Payload, the satellite and space law podcast, returns for Season 2. Host Henry Gola welcomes AT&T’s Caroline Van Wie, and they venture beyond space movies to discuss the groundbreaking 1988 film Working Girl. Plus, Chloe…more

Aerospace, AT&T, Innovation, Outer Space, Satellites

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Lee Goodman

FEC Allows Federal Officeholders to Establish State PACs

Recently the Federal Election Commission (FEC) approved an advisory opinion (AO 2023-09) that allows federal officeholders and candidates to establish and operate state PACs that spend funds solely in connection with state and…more

Campaign Contributions, Contribution Limits, Federal Election Commission (FEC), Local Elections, PACs

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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

Connecticut Court Holds Restitutionary Settlement Not Insurable Loss

The Superior Court of Connecticut, applying Connecticut law, granted an insurer’s motion for summary judgment, finding that a D&O policy did not afford coverage for a settlement that resulted in a consent judgment against the…more

D&O Insurance, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

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Kyle Gutierrez

Portions of New FCC Broadcast Foreign Sponsorship Identification Requirements Go Into Effect August 15, 2024

On August 15, 2024, portions of the Federal Communications Commission’s recent amendments to its broadcast sponsorship identification requirements for leased programming provided by foreign governmental entities (FSID Rules)…more

Advertising, Broadband, Broadcasting, FCC, Foreign Governments

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Christopher Hall

Contractual Liability Exclusion Bars Coverage Where Lawsuit Against Insured Arises Out of a Contractual Obligation

The Appellate Court of Maryland, applying Maryland law, has held that an insurer had no duty to defend or indemnify an insured under a professional liability policy containing a contractual liability exclusion for a lawsuit…more

Appellate Courts, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions

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Vesna Harasic-Yaksic

Small Business Contractors: Beware of Corporate Transparency Act’s Potential Pitfalls

Starting this year, certain companies are required to submit new reports related to their ownership and control that could highlight deficiencies in their small business contracting program eligibility. On September 30, 2023,…more

Beneficial Owner, Corporate Transparency Act, Federal Contractors, FinCEN, Reporting Requirements

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Emily Hart

No Coverage for Lawsuit Served on Insured’s Registered Agent Prior to Policy Inception

In a win for Wiley’s client, the U.S. Court of Appeals for the Eleventh Circuit, applying District of Columbia law, affirmed judgment on the pleadings that no coverage is available for a lawsuit because the “claim” was first…more

Claims Made Policy, Insurance Claims, Insurance Industry, Insurance Litigation, Professional Liability Insurance

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Ezhan Hasan

No Coverage for Malpractice Suit Where Insured Misrepresented Prior Knowledge of Potential Claim

A Connecticut state court has held that an insurer owes no coverage to an insured law firm that misrepresented its prior knowledge of a potential malpractice claim to be filed by a former client. Evans & Lewis, LLC v. Nat’l…more

Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions, Policy Terms

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Daniel Hassett

Teeming with Teaming Agreements: Navigating Strategic Alliances in the Federal Marketplace

In the always competitive federal marketplace, teaming agreements, joint ventures, subcontracts, and other strategic alliances can not only give participant companies an edge, but also enhance the value delivered to the…more

Federal Contractors, Intellectual Property Protection, Joint Venture, Non-Disclosure Agreement, Small Business

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Corey Hauser

SEC Is Looking at Your Vendor Contracts for Whistleblower Restraints – Fines Seven More Companies

The U.S. Securities and Exchange Commission (SEC) recently settled charges against seven companies for violating SEC Rule 21F-17(a), which prohibits conduct that hinders whistleblowing to the SEC. The settlements focus on…more

CFTC, Corporate Counsel, Department of Justice (DOJ), Pilot Programs, Securities and Exchange Commission (SEC)

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Chloe Hawker

Hosted Payload S2.E1: Caroline Van Wie/Working Girl

Hosted Payload, the satellite and space law podcast, returns for Season 2. Host Henry Gola welcomes AT&T’s Caroline Van Wie, and they venture beyond space movies to discuss the groundbreaking 1988 film Working Girl. Plus, Chloe…more

Aerospace, AT&T, Innovation, Outer Space, Satellites

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Tracy Heinzman

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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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 Reexamines Options to Expand Protections for Federal Earth Stations Communicating with Commercial Satellite Systems

Deadlines have been announced for responses to the FCC’s Public Notice inviting comment on expanding protections for U.S. government earth stations communicating with commercial satellite systems. Because most spectrum used by…more

Broadband, FCC, Media, NTIA, Satellites

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Brandon Hinton

FCC Updates Frequency Allocations and Licensing Rules for Commercial Space Launch Operations

In an effort to support commercial space launch operations, the Federal Communications Commission (FCC) has approved a Report and Order (Order) enhancing access to 2200-2290 MHz band spectrum and revising spectrum licensing…more

Aerospace, FCC, Licenses, NTIA, Proposed Rules

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Diane Holland

Fifth Circuit Declares Universal Service Fund Unconstitutional; Issue Likely Headed for U.S. Supreme Court

On July 24, 2024, on a petition for rehearing en banc, the U.S. Circuit Court of Appeals for the Fifth Circuit held in Consumers’ Research v. FCC (Consumers’ Research) that the current funding mechanism for the Universal Service…more

Communications Act of 1934, FCC, Interstate Telecommunications Service Providers (ITSP), SCOTUS, Telecommunications Act

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Derick Holt

Commerce Department Issues Final Regulations to Enhance and Strengthen Trade Law Enforcement

On March 25, 2024, the U.S. Department of Commerce (Commerce) issued a final rule designed to “improve, strengthen and enhance” its antidumping (AD) and countervailing duty (CVD) regulations. The final rule largely adopts…more

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

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Tracye Winfrey Howard

CMMC 2.0 Update: DOD Proposed Rule Introduces Standard Terms for Contracts Subject to CMMC 2.0, Including Yet Another 72-Hour Notification Requirement

WHAT: The U.S. Department of Defense (DOD) just published the second of two proposed rules setting forth key requirements for its long-anticipated Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The earlier…more

Controlled Unclassified Information (CUI), Corporate Counsel, Cyber Incident Reporting, Cybersecurity, Cybersecurity Maturity Model Certification (CMMC)

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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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Morgan Huston

OMB Broadly Updates Grant Guidance

On April 22, 2024, the Office of Management and Budget (OMB) issued a final rule broadly revising sections of OMB Guidance for Grants and Agreements, following review and consideration of the comments received in response to the…more

Collective Bargaining Agreements (CBA), Cooperative Agreements, Disclosure Requirements, False Claims Act (FCA), Federal Acquisition Regulations (FAR)

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Nur Ibrahim

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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Elizabeth Jewell

Misappropriation Exclusion Bars Coverage for Claim Involving Improper Transfer of Escrow Funds, but Insurer Must Defend Against Intentional Torts Asserted by Insured’s Client

The United States District Court for the Southern District of Florida, applying Florida law, has held that a professional liability insurer did not have a duty to defend or indemnify its insured in a lawsuit involving the…more

Duty to Defend, Insurance Claims, Insurance Industry, Insurance Litigation, Misappropriation

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Wayne Johnsen

FCC Announces Effective Date of New Filing Requirements for Domestic Section 214 Transfer of Control Applications

Wednesday, the Federal Communications Commission (FCC or Commission) announced September 11, 2024 as the effective date of two rules initially adopted in the agency’s Team Telecom Process Reform Report and Order. Specifically,…more

CFIUS, Equity Investors, FCC, National Security, OMB

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Thomas Johnson Jr.

Appeals Court Rules Against ATF’s use of “Vague” and “Amorphous” Factors to Classify Firearms

In a case argued by Wiley attorneys on behalf of the Firearms Regulatory Accountability Coalition (FRAC), SB Tactical, B&T USA, and Richard Cicero, the Eighth Circuit issued a 2-1 opinion in FRAC v. Garland finding that the…more

Administrative Procedure Act, Arbitrary and Capricious, ATF, Firearms, Gun Laws

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Margaret Karchmer

Based on Defamation Allegations, Insurer Must Defend Property Management Company against Lawsuit for Unlawful Security Deposit and Late Fee Practices

The United States District Court for the Southern District of California, applying California law, held that a professional liability insurer had a duty to defend a property management company against a class action lawsuit…more

Duty to Defend, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions

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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

Broadcast FY 2024 Regulatory Fees Due by September 26, 2024

By September 26, 2024, broadcast (radio and television) licensees must pay all required annual regulatory fee payments to the Federal Communications Commission (FCC or Commission). Payments received after the deadline will be…more

Annual Regulatory Fees, Broadcasting, FCC, Radio Stations, Telecommunications

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William Knauss, III

Delaware Court Dismisses Insurers’ Subrogation Action Against Software Provider Over Ransomware Payouts

The Superior Court of Delaware, applying Delaware law, has dismissed two lawsuits filed by nine insurance companies seeking to recover amounts they paid under cyber liability policies from a software company whose customers…more

Breach of Contract, Cyber Insurance, Cybersecurity, Insurance Claims, Insurance Industry

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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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Carol Laham

North Carolina Amends Campaign Finance Requirements for Federal PACs and Political Organizations

North Carolina recently enacted House Bill 237, which now permits federal PACs and political organizations (527s) to contribute to North Carolina candidates and political committees without registering or reporting as a state…more

Federal Election Commission (FEC), Governor Cooper, North Carolina, PACs, Political Candidates

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William Lane III

Wiley Veterans in Law: Hard-Hitting Reflections on Service, Challenges, and Advocacy

To honor Veterans Day, Wiley associates Bill Lane, Amanda Blain, Lisa Rechden, and Isaac Wyant gathered to discuss their experiences serving in the military and transitioning to a big law environment…more

Environmental Liability, Environmental Policies, Veterans

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Matt Lapin

Commerce and State Propose Broad New Controls on Exports and Support for Foreign Military, Intelligence, and Security Services

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently issued two proposed rules that substantially increase the scope of controls under the Export Administration Regulations (EAR) applicable to certain…more

Bureau of Industry and Security (BIS), Commerce Control List, Directorate of Defense Trade Controls (DDTC), Export Administration Regulations (EAR), Export Controls

See all updates »

Kelly Laughlin

The FCC Seeks Comment on Proposed Changes to the 3.5 GHz Band Framework

The Federal Communications Commission (FCC or Commission) is seeking comment on proposed rule changes intended to improve the Citizens Broadband Radio Service (CBRS) regulatory framework in the 3.55-3.7 GHz band (3.5 GHz band)…more

Broadband, Comment Period, Department of Defense (DOD), FCC, NPRM

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Elizabeth Lee

Treasury Requests Comments for Upcoming Guidance on Energy Tax Benefits in the Inflation Reduction Act

The U.S. Treasury Department (Treasury) and the Internal Revenue Service (IRS) published six notices on October 5, 2022, requesting comments on various provisions in the Internal Revenue Code (Code) related to energy tax…more

Apprenticeships, Carbon Capture and Sequestration, Comment Period, Electric Vehicles, Energy Projects

See all updates »

Tawanna Lee

Wiley Consumer Protection Download (July 25, 2022)

Regulatory Announcements- FTC Announces MOU with NLRB to Address Employment-Based Consumer Protection Issues. On July 19, the FTC announced that it entered into a memorandum of understanding (MOU) with the National Labor…more

Consumer Financial Protection Bureau (CFPB), Data Collection, EFTA, Federal Trade Commission (FTC), FTC Act

See all updates »

Lauren Lerman

Wiley Consumer Protection Download (September 17, 2024)

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory…more

Client Account Reviews, Consumer Financial Protection Bureau (CFPB), Consumer Review Fairness Act (CRFA), Credit Reports, Debt Collection

See all updates »

Madeleine Lottenbach

Standard Team Telecom Questions Take Effect, Completing FCC’s Modernization Effort

On Friday, August 23, the Federal Communications Commission (FCC or Commission) issued a Public Notice announcing that its rules regarding standardized national security and law enforcement questions (Standard Questions) for…more

FCC, Modernization, OMB, Public Notice, Team Telecom

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Nathan Lovett

Texas Court Finds That Trademark Infringement Claims Involve Interrelated Wrongful Acts

The United States District Court for the Western District of Texas, applying Texas law, has held that an insured is not entitled to coverage under a claims-made-and-reported policy because the tendered lawsuit was interrelated…more

Claims Made Policy, Insurance Claims, Insurance Industry, Insurance Litigation, Trademark Infringement

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Martha Marrapese

U.S. District Court in DC Breaks New Ground for TSCA Transparency

The U.S. District Court for the District of Columbia recently found, in what it described as a “question of first impression,” that Section 5(b)(3) of the Toxic Substances Control Act (TSCA), a provision requiring public…more

Administrative Procedure Act, Disclosure Requirements, Environmental Protection Agency (EPA), First Impression, FOIA

See all updates »

Andrea Martinez

Exclusion for Disclosure of “Confidential or Personal Information” Bars Coverage for BIPA Claim Involving Collection and Disclosure of Handprints

The United States Court of Appeals for the Seventh Circuit, applying Illinois law, has held that an exclusion for claims arising out of any access to or disclosure of any person’s “confidential or personal information” bars…more

Biometric Information Privacy Act, Insurance Claims, Insurance Industry, Insurance Litigation, Personal Information

See all updates »

Gregory Masters

Broadcast FY 2024 Regulatory Fees Due by September 26, 2024

By September 26, 2024, broadcast (radio and television) licensees must pay all required annual regulatory fee payments to the Federal Communications Commission (FCC or Commission). Payments received after the deadline will be…more

Annual Regulatory Fees, Broadcasting, FCC, Radio Stations, Telecommunications

See all updates »

Kevin Maynard

BEAD Program: NTIA Issues Guidance for Demonstrating and Certifying Compliance with ‘Build America, Buy America’ (BABA) Requirements

WHAT: On July 30, 2024, the National Telecommunications and Information Administration (NTIA) issued guidance on demonstrating compliance with the “Build America, Buy America” (BABA) domestic content requirements in connection…more

Broadband, Buy American Act, Certifications, Infrastructure Investment and Jobs Act (IIJA), NTIA

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

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Mallory Meaney

Capacity Exclusion Bars Coverage for Settlement Involving Director’s Self-Dealing While Acting in Dual Capacity as Shareholder and Director of Non-Insured Entity

A New Jersey appellate court, applying New Jersey law, has held that the capacity exclusion in a directors and officers policy precluded coverage for a settlement of lawsuits alleging that an insured director defrauded a…more

Bad Faith, Declaratory Judgments, Duty to Settle, Insurance Claims, Insurance Industry

See all updates »

Ari Meltzer

Children’s Programming Commercial Limits Violations Result in $3M Fine for Broadcasters

For one of our authors, their kids’ current favorite treat is a chocolate bar sold by a popular YouTube personality (and philanthropist!). The kids know about this particular chocolate bar because the personality promotes it…more

Advertising, Broadcasting, Dissenting Opinions, Enforcement Actions, FCC

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Hannah Miller

Congressional Ethics Committees Release 2024 Guidance on Convention Activity

The U.S. Senate Select Committee on Ethics has issued a “Dear Colleague” Letter, and the U.S. House Committee on Ethics has issued a Pink Sheet advisory, reminding Members and staff of the rules applicable to attending events…more

Dear Colleague Letter, Ethics Commission, Funding, Gifts, Lobbyists

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Lydia Mills

Insured’s “Version of Events” Do Not Determine Application of Policy Exclusion

The U.S. District Court for the District of New Jersey, applying New Jersey law, has held that a misappropriation of funds exclusion unambiguously barred coverage for an accounting firm under its professional liability policy…more

Carve Out Provisions, Commercial Insurance Policies, Duty to Defend, Insurance Claims, Insurance Industry

See all updates »

Ira Mirsky

Texas Federal District Court Sets Aside Federal Trade Commission Non-Compete Ban Nationwide

On Tuesday, August 20th, the U.S. District Court for the Northern District of Texas issued a nationwide injunction barring enforcement of the Federal Trade Commission's (FTC) ban on non-compete agreements in employment…more

Administrative Procedure Act, Federal Bans, Federal Trade Commission (FTC), FTC Act, Injunctions

See all updates »

Stephen Morrison

USTR Issues Proposed Section 301 Exclusion Request Form for Certain Machinery Used in Domestic Manufacturing

On August 15, 2024, the Office of the U.S. Trade Representative (USTR) published an information collection request (ICR) with respect to its proposal, first announced in May, to allow importers to request temporary exclusions…more

Domestic Transactions, Exclusions, Information Requests, Manufacturers, Section 301

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Brandon Moss

DOJ’s Much-Anticipated Corporate Whistleblower Awards Pilot Program Is Off to the Races

On August 1, 2024, the U.S. Department of Justice (DOJ) released details about its new Corporate Whistleblower Awards Pilot Program. As previewed by Deputy Attorney General Lisa Monaco in March, individuals (not entities) who…more

CFTC, Department of Justice (DOJ), Enforcement, False Claims Act (FCA), Healthcare Fraud

See all updates »

Kevin Muhlendorf

The Legal Tightrope: Surviving Parallel Investigations

Welcome to the Parallel Proceedings Podcast, hosted by Kevin Muhlendorf, a partner in Wiley’s White Collar & Government Investigations Practice who also leads the firm’s Securities Enforcement and Litigation Team. Kevin, a…more

Criminal Prosecution, Enforcement Actions, Securities and Exchange Commission (SEC), White Collar Crimes

See all updates »

Desiree Murray

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data privacy…more

Biometric Information, Biometric Information Privacy Act, CIPA, Corporate Counsel, Cybersecurity

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Edith Nagy

EPA Delays Start Date for PFAS Reporting Under TSCA Section 8(a)(7), While Mandatory PFAS Reporting in Canada Is Still Ongoing

On September 5, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a direct final rule with a parallel proposed rule to delay the reporting period for the October 2023 final rule that requires…more

Canada, Climate Change, Delays, Environmental Protection Agency (EPA), OECD

See all updates »

Hon. Nazak Nikakhtar

[Webinar] Beyond the Ballot: Navigating Post-Election Geopolitical and National Security Landscapes - September 24th, 11:30 am - 12:30 pm EDT

Please join us for a forward-looking panel discussion as our experts analyze the potential geopolitical and national security shifts following the U.S. presidential election. Whether under a Trump or Harris Administration,…more

Business Strategies, Foreign Policy, Geopolitical Risks, Global Dealmaking, Global Economy

See all updates »

Joel Nolette

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

See all updates »

Stephen Obermeier

Appeals Court Rules Against ATF’s use of “Vague” and “Amorphous” Factors to Classify Firearms

In a case argued by Wiley attorneys on behalf of the Firearms Regulatory Accountability Coalition (FRAC), SB Tactical, B&T USA, and Richard Cicero, the Eighth Circuit issued a 2-1 opinion in FRAC v. Garland finding that the…more

Administrative Procedure Act, Arbitrary and Capricious, ATF, Firearms, Gun Laws

See all updates »

Olaoluwaposi Oshinowo

Texas Federal District Court Sets Aside Federal Trade Commission Non-Compete Ban Nationwide

On Tuesday, August 20th, the U.S. District Court for the Northern District of Texas issued a nationwide injunction barring enforcement of the Federal Trade Commission's (FTC) ban on non-compete agreements in employment…more

Administrative Procedure Act, Federal Bans, Federal Trade Commission (FTC), FTC Act, Injunctions

See all updates »

Vaibhavi Patria

CMMC 2.0 Update: DOD Proposed Rule Introduces Standard Terms for Contracts Subject to CMMC 2.0, Including Yet Another 72-Hour Notification Requirement

WHAT: The U.S. Department of Defense (DOD) just published the second of two proposed rules setting forth key requirements for its long-anticipated Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The earlier…more

Controlled Unclassified Information (CUI), Corporate Counsel, Cyber Incident Reporting, Cybersecurity, Cybersecurity Maturity Model Certification (CMMC)

See all updates »

Greta Peisch

[Webinar] Digital Trade in 2025 and Beyond: An Election Outlook - September 12th, 11:00 am - 12:00 pm EDT

The past two presidential administrations have seen major shifts in U.S. trade policy impacting all aspect of the digital ecosystem, from trade in physical technology products to new initiatives limiting data flows. Join Wiley’s…more

Biden Administration, Continuing Legal Education, Digital Data, Digital Goods, Trump Administration

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George Petel

SBA Proposes Significant Changes to Multiple Programs and Policies

WHAT: The U.S. Small Business Administration (SBA) issued a proposed rule that’s directed principally at amending its regulations governing the Historically Underutilized Business Zone (HUBZone) program, but also proposes…more

COFC, Comment Period, Federal Contractors, Federal Supply Schedule (FSS), HUBZone

See all updates »

Nick Peterson

Exploring the AI and Crypto Intersection

In this episode of the CryptoCounsel, Frank Scaduto welcomes Nick Peterson, a white-collar and investigations attorney at Wiley, to discuss the intersection of cryptocurrency and artificial intelligence (AI). They explore the…more

Artificial Intelligence, Bitcoin Mining, Cryptoassets, Cryptocurrency, Enforcement Actions

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W. Benjamin Phillips, III

House Foreign Affairs Committee’s TIGER Task Force Releases Report on Recommendations to Improve the FMS Process

WHAT: The House Foreign Affairs Committee’s Technical, Industrial, and Governmental Engagement for Readiness (TIGER) Task Force has released a report identifying problems with the Foreign Military Sales (FMS) process and…more

Department of Defense (DOD), Economic Sanctions, Export Controls, Federal Contractors, National Security

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Leslie Platt

Should Federal Government Insure “Catastrophic Cyber Incidents”? Comments due November 14, 2022

On September 29, 2022, the Federal Insurance Office (FIO) of the Department of the Treasury published a Request for Comment (RFC) related to cyber insurance and catastrophic cyber incidents…more

Catastrophic Events, Comment Period, Critical Infrastructure Sectors, Cyber Incident Reporting, Cyber Insurance

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Dorthula Powell-Woodson

Medicare Drug Price Negotiation Program: CMS Releases New Discounted Prices for 2026 Selected Drugs

As many have now heard, on Thursday, August 15, 2024, the Centers for Medicare & Medicaid Services (CMS) released the prices for the first 10 prescription drugs selected for negotiation with manufacturers (Selected Drugs) under…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Inflation Reduction Act (IRA), Medicare, Medicare Part B

See all updates »

Duane Pozza

Wiley Consumer Protection Download (September 17, 2024)

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory…more

Client Account Reviews, Consumer Financial Protection Bureau (CFPB), Consumer Review Fairness Act (CRFA), Credit Reports, Debt Collection

See all updates »

John Prairie

SBA Proposes Significant Changes to Multiple Programs and Policies

WHAT: The U.S. Small Business Administration (SBA) issued a proposed rule that’s directed principally at amending its regulations governing the Historically Underutilized Business Zone (HUBZone) program, but also proposes…more

COFC, Comment Period, Federal Contractors, Federal Supply Schedule (FSS), HUBZone

See all updates »

Alan Price

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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Jillian Quigley

FCC’s Space Bureau Seeks to Refresh the Record on Orbital Debris Mitigation and Space Sustainability

On May 2, the Federal Communications Commission’s (FCC) Space Bureau issued a Public Notice seeking to refresh the record on orbital debris mitigation rule changes originally proposed in a Further Notice of Proposed Rulemaking…more

Aerospace, FCC, Media, NASA, Outer Space

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Lisa Rechden

CMMC 2.0 Update: DOD Proposed Rule Introduces Standard Terms for Contracts Subject to CMMC 2.0, Including Yet Another 72-Hour Notification Requirement

WHAT: The U.S. Department of Defense (DOD) just published the second of two proposed rules setting forth key requirements for its long-anticipated Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The earlier…more

Controlled Unclassified Information (CUI), Corporate Counsel, Cyber Incident Reporting, Cybersecurity, Cybersecurity Maturity Model Certification (CMMC)

See all updates »

Eve Klindera Reed

FCC Announces Effective Date of New Filing Requirements for Domestic Section 214 Transfer of Control Applications

Wednesday, the Federal Communications Commission (FCC or Commission) announced September 11, 2024 as the effective date of two rules initially adopted in the agency’s Team Telecom Process Reform Report and Order. Specifically,…more

CFIUS, Equity Investors, FCC, National Security, OMB

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Teresita Regelbrugge

Policy Patches: An Update on Software Security Regulation

So far, 2024 has been another very busy year for U.S. cybersecurity regulation. Among the top priorities has been software security, as we previewed early this year. Companies that sell software to the federal government or…more

Compliance, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Federal Acquisition Regulations (FAR), FedRAMP

See all updates »

D. Mark Renaud

Federal Electioneering Communication Rules Apply Starting September 6; May Impact Your Grassroots Lobbying

The federal rules for electioneering communications kick in on September 6, 2024, and run through Election Day. These rules could affect your grassroots lobbying during this 60-day period if your ads are on radio or television…more

Advertising, Broadcasting, Disclaimers, Electioneering, Federal Election Commission (FEC)

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Ysabelle Reyes

Personnel Policies Exclusion Bars Coverage for Negligence Action Arising from Alleged Sexual Harassment and Assault of Insured’s Employee

The United States District Court for the Western District of Pennsylvania, applying Pennsylvania law, has held that a personnel policies exclusion bars coverage for an employee’s negligence action against the insured restaurant…more

Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions, Policy Terms

See all updates »

Antonio Reynolds

Wiley Consumer Protection Download (September 17, 2024)

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory…more

Client Account Reviews, Consumer Financial Protection Bureau (CFPB), Consumer Review Fairness Act (CRFA), Credit Reports, Debt Collection

See all updates »

Kimberly Reynolds

Keith Matthews and Kim Reynolds: Talking Ag Biotech Episode 6

On this episode of Talking Ag Biotech, Keith Matthews is rejoined by Kimberly Reynolds of Wiley’s International Trade practice to discuss the new dispute resolution panel that has been established in the United States-Mexico…more

Cross-Border Transactions, Dispute Resolution, Foreign Relations, Trade Relations, United States-Mexico-Canada Agreement (USMCA)

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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

Athletes, Arenas, and Cyberattacks: The Evolving Landscape of Cybersecurity in Sports

As cybersecurity threats continue to evolve, the sports industry faces unique challenges in safeguarding its data, athletes, and events. During a recent panel discussion at the Aspen Cyber Summit, Reynold Hoover, CEO of the 2028…more

Arenas and Stadiums, Athletes, Cyber Attacks, Cybersecurity, Cybersecurity Information Sharing Act (CISA)

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Bruce Romano

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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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

See all updates »

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

See all updates »

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

See all updates »

Jordan Ross

Medicare Drug Price Negotiation Program: CMS Releases New Discounted Prices for 2026 Selected Drugs

As many have now heard, on Thursday, August 15, 2024, the Centers for Medicare & Medicaid Services (CMS) released the prices for the first 10 prescription drugs selected for negotiation with manufacturers (Selected Drugs) under…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Inflation Reduction Act (IRA), Medicare, Medicare Part B

See all updates »

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

See all updates »

Kevin Rupy

FCC Sets October Comment Deadlines on NPRM for AI-Generated Calls and Texts

The Federal Communications Commission (FCC or Commission) has announced comment deadlines for a Notice of Proposed Rulemaking and Notice of Inquiry (NPRM and NOI) released in early August that, among other things, proposes new…more

Artificial Intelligence, Auto-Dialed Calls, Biden Administration, Call Blocking, Consent

See all updates »

Kara Sacilotto

CMMC 2.0 Update: DOD Proposed Rule Introduces Standard Terms for Contracts Subject to CMMC 2.0, Including Yet Another 72-Hour Notification Requirement

WHAT: The U.S. Department of Defense (DOD) just published the second of two proposed rules setting forth key requirements for its long-anticipated Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The earlier…more

Controlled Unclassified Information (CUI), Corporate Counsel, Cyber Incident Reporting, Cybersecurity, Cybersecurity Maturity Model Certification (CMMC)

See all updates »

Tatiana Sainati

Wicked Coin: The "Fat Leonard" Scandal

Power and corruption … two sides of a Wicked Coin. In this podcast, hosts Tatiana Sainati, co-chair of Wiley’s Global Disputes Practice, and Diana Shaw, a partner in Wiley’s White Collar & Government Investigations Practice tell…more

Bribery, Corruption, Criminal Investigations, Government Investigations, White Collar Crimes

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 »

Amaru Sánchez

Video: Food for Thought and Thoughts on Food: Innovating USDA Science with Sanah Baig, Deputy Under Secretary for Research, Education, and Economics

Join Amaru Sánchez in this episode of “Food for Thought and Thoughts on Food” as he sits down with Sanah Baig, the U.S. Department of Agriculture’s (USDA) Deputy Under Secretary for Research, Education, and Economics. Sanah…more

Agribusiness, Climate Change, Food and Drug Administration (FDA), Food Manufacturers, Food Safety

See all updates »

Frank Scaduto

From Court to Code: Smart Contracts and Arbitration

In this episode of the CryptoCounsel, hosts Josh Simmons and Frank Scaduto delve into smart contracts, blockchain, and cross-border disputes. They explain how blockchain technology can execute contract terms automatically, which…more

Blockchain, Cryptocurrency, Distributed Ledger Technology (DLT), Securities and Exchange Commission (SEC), Smart Contracts

See all updates »

Anna Schaffner

Bodily Injury Exclusion in E&O Policy Bars Coverage Under New York Law

In a win for Wiley’s client, the United States District Court for the Eastern District of New York, applying New York law, has held that a bodily injury exclusion bars coverage under an errors and omissions policy for lawsuits…more

Bodily Injury, Errors and Omissions Policy, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

Lori Scheetz

Commerce and State Propose Broad New Controls on Exports and Support for Foreign Military, Intelligence, and Security Services

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently issued two proposed rules that substantially increase the scope of controls under the Export Administration Regulations (EAR) applicable to certain…more

Bureau of Industry and Security (BIS), Commerce Control List, Directorate of Defense Trade Controls (DDTC), Export Administration Regulations (EAR), Export Controls

See all updates »

Kathleen Scott

FCC Sets October Comment Deadlines on NPRM for AI-Generated Calls and Texts

The Federal Communications Commission (FCC or Commission) has announced comment deadlines for a Notice of Proposed Rulemaking and Notice of Inquiry (NPRM and NOI) released in early August that, among other things, proposes new…more

Artificial Intelligence, Auto-Dialed Calls, Biden Administration, Call Blocking, Consent

See all updates »

John Shane

Commerce and State Propose Broad New Controls on Exports and Support for Foreign Military, Intelligence, and Security Services

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently issued two proposed rules that substantially increase the scope of controls under the Export Administration Regulations (EAR) applicable to certain…more

Bureau of Industry and Security (BIS), Commerce Control List, Directorate of Defense Trade Controls (DDTC), Export Administration Regulations (EAR), Export Controls

See all updates »

Diana Shaw

Navigating Government Contracts: Diana Shaw on Oversight and Whistleblower Protections

In this episode, Craig Smith and Brian Walsh welcome Diana Shaw, a partner in Wiley's White Collar and Government Investigations practice, who shares insights from her experience as a former Acting Inspector General for the U.S…more

Anti-Corruption, Enforcement Actions, Government Investigations, Securities and Exchange Commission (SEC), White Collar Crimes

See all updates »

Scott Sherlock

U.S. District Court in DC Breaks New Ground for TSCA Transparency

The U.S. District Court for the District of Columbia recently found, in what it described as a “question of first impression,” that Section 5(b)(3) of the Toxic Substances Control Act (TSCA), a provision requiring public…more

Administrative Procedure Act, Disclosure Requirements, Environmental Protection Agency (EPA), First Impression, FOIA

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

See all updates »

Pamela Signorello

Violation-of-Law Exclusion Defeats Duty to Defend BIPA Lawsuit

The Appellate Court of Illinois, First District, applying Illinois law, has held that two general liability insurers do not owe a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA)…more

Appellate Courts, Biometric Information Privacy Act, Commercial General Liability Policies, Cyber Insurance, Data Storage

See all updates »

Joshua Simmons

From Court to Code: Smart Contracts and Arbitration

In this episode of the CryptoCounsel, hosts Josh Simmons and Frank Scaduto delve into smart contracts, blockchain, and cross-border disputes. They explain how blockchain technology can execute contract terms automatically, which…more

Blockchain, Cryptocurrency, Distributed Ledger Technology (DLT), Securities and Exchange Commission (SEC), Smart Contracts

See all updates »

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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Meredith Singer

The FCC Seeks Comment on Proposed Changes to the 3.5 GHz Band Framework

The Federal Communications Commission (FCC or Commission) is seeking comment on proposed rule changes intended to improve the Citizens Broadband Radio Service (CBRS) regulatory framework in the 3.55-3.7 GHz band (3.5 GHz band)…more

Broadband, Comment Period, Department of Defense (DOD), FCC, NPRM

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Cara Sizemore

BEAD Program: NTIA Issues Guidance for Demonstrating and Certifying Compliance with ‘Build America, Buy America’ (BABA) Requirements

WHAT: On July 30, 2024, the National Telecommunications and Information Administration (NTIA) issued guidance on demonstrating compliance with the “Build America, Buy America” (BABA) domestic content requirements in connection…more

Broadband, Buy American Act, Certifications, Infrastructure Investment and Jobs Act (IIJA), NTIA

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Craig Smith

Navigating Government Contracts: Diana Shaw on Oversight and Whistleblower Protections

In this episode, Craig Smith and Brian Walsh welcome Diana Shaw, a partner in Wiley's White Collar and Government Investigations practice, who shares insights from her experience as a former Acting Inspector General for the U.S…more

Anti-Corruption, Enforcement Actions, Government Investigations, Securities and Exchange Commission (SEC), White Collar Crimes

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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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Joan Stewart

Broadcast FY 2024 Regulatory Fees Due by September 26, 2024

By September 26, 2024, broadcast (radio and television) licensees must pay all required annual regulatory fee payments to the Federal Communications Commission (FCC or Commission). Payments received after the deadline will be…more

Annual Regulatory Fees, Broadcasting, FCC, Radio Stations, Telecommunications

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Mark Sweet

Supreme Court to Consider DOJ’s Dismissal Authority in False Claims Act Qui Tam Cases

What: The U.S. Supreme Court recently granted certiorari on a petition seeking to curtail the U.S. Department of Justice’s (DOJ) ability to dismiss False Claims Act (FCA) qui tam cases, even if DOJ has determined that the case…more

Certiorari, Department of Justice (DOJ), False Billing, False Claims Act (FCA), Fraud

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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

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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Roderick Thomas

Hot Fraud Summer: DOJ’s Latest Criminal Takedown

The U.S. Department of Justice (DOJ) Criminal Division’s Health Care Fraud Strike Force announced the results of its latest nationwide enforcement action on June 27, 2024, one year (almost to the day) since its last major…more

Anti-Kickback Statute, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud and Abuse

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Maureen Thorson

USTR Releases Final Section 301 Modifications in Four-Year Review

On September 13, 2024, the Office of the U.S. Trade Representative (USTR) released the text of a Federal Register notice explaining the final modifications that will be made as a result of the statutory four-year review of…more

China, Electric Vehicles, Imports, International Trade, Lithium Batteries

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Enbar Toledano

Supreme Court Overturns Chevron Deference in Loper Bright Decision

In a landmark decision on June 28, 2024, the U.S. Supreme Court issued a 6-3 opinion in Loper Bright Enterprises et al. v. Raimondo (Loper Bright), overturning the four-decades-old deference doctrine established in Chevron USA…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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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

Maryland Pay-to-Play Report Due May 31 - UPDATED May 23 2023

Please note that Maryland’s semiannual pay-to-play report is due on May 31 from certain state and local government contractors, even if no reportable contributions have been made…more

Lobbying, Maryland, Pay-To-Play, Political Contributions, Reporting Requirements

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Crystal Tully

10 Things to Know About the APRA – the Latest Federal Privacy Law Effort

Over the weekend, lawmakers unveiled the latest push for a federal privacy law – the American Privacy Rights Act (APRA). The bill was circulated as a discussion draft by Sen. Maria Cantwell (D-WA), Chair of the Senate Committee…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Corporate Counsel, Data Privacy

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Joshua Turner

FCC Adopts Long-Awaited Order Enabling Limited Access to Dedicated Spectrum for Uncrewed Aircraft Systems

On August 21, in a long-awaited action, the Federal Communications Commission (FCC or Commission) adopted a Report and Order (Order) establishing rules to allow limited access to spectrum in the 5030-5091 MHz band for use by…more

Aerospace, Airspace, Drones, FCC, Federal Aviation Administration (FAA)

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Rachel Tuteur

DOJ to Use ‘Carrots to Wield Larger Sticks’ in 2024

The more things change, the more things stay the same. For years, U.S. Department of Justice (DOJ) leadership has used the ABA National Institute on White Collar Crime and other major conferences to highlight enforcement…more

Artificial Intelligence, CFTC, Compliance, Department of Justice (DOJ), Ethics

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Gabby Vance

Georgia Federal Court Determines State Court Judgment Entered After Parties Executed a General Release Is Not “Loss”

The United States District Court for the Middle District of Georgia, applying Georgia law, has held that an insurer had no obligation to pay a judgment against its insured in an underlying personal injury lawsuit because the…more

Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms, Professional Liability Insurance

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Jessica Vaughn, Ph.D.

Time’s Up! Cosmetic Facilities Must Comply With FDA’s New Registration Requirements by July 1

The July 1, 2024 deadline is fast approaching for cosmetic product manufacturers to comply with new registration and listing requirements under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). Passage of the 2022…more

Cosmetics, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Health and Safety, Manufacturers

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Joshua Waldman

Policy Patches: An Update on Software Security Regulation

So far, 2024 has been another very busy year for U.S. cybersecurity regulation. Among the top priorities has been software security, as we previewed early this year. Companies that sell software to the federal government or…more

Compliance, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Federal Acquisition Regulations (FAR), FedRAMP

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Robert Walker

In Brief: Election Law & Government Ethics Unpacked: National Convention Guidance

With the Republican and Democratic National Conventions only a few weeks away, Wiley's Rob Walker highlights important campaign finance and government ethics laws and rules, to ensure you and your organization's participation is…more

Corporate Culture, Corporate Governance, Ethics, Presidential Elections

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Brian Walsh

Navigating Government Contracts: Diana Shaw on Oversight and Whistleblower Protections

In this episode, Craig Smith and Brian Walsh welcome Diana Shaw, a partner in Wiley's White Collar and Government Investigations practice, who shares insights from her experience as a former Acting Inspector General for the U.S…more

Anti-Corruption, Enforcement Actions, Government Investigations, Securities and Exchange Commission (SEC), White Collar Crimes

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Gary Ward

CMMC 2.0 Update: DOD Proposed Rule Introduces Standard Terms for Contracts Subject to CMMC 2.0, Including Yet Another 72-Hour Notification Requirement

WHAT: The U.S. Department of Defense (DOD) just published the second of two proposed rules setting forth key requirements for its long-anticipated Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The earlier…more

Controlled Unclassified Information (CUI), Corporate Counsel, Cyber Incident Reporting, Cybersecurity, Cybersecurity Maturity Model Certification (CMMC)

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Sara Beth Watson

U.S. District Court in DC Breaks New Ground for TSCA Transparency

The U.S. District Court for the District of Columbia recently found, in what it described as a “question of first impression,” that Section 5(b)(3) of the Toxic Substances Control Act (TSCA), a provision requiring public…more

Administrative Procedure Act, Disclosure Requirements, Environmental Protection Agency (EPA), First Impression, FOIA

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Wesley Weeks

[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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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

Biden Administration Seeks to Increase Section 301 Duties on Imports from China – Including of Steel, Aluminum, Electric Vehicles, Semiconductors, Solar Cells, and Other Products

On May 14, 2024, the Biden Administration announced that it will seek to increase tariffs on $18 billion in imports from China under Section 301 of the Trade Act of 1974. The Administration’s action is based on recommendations…more

Biden Administration, China, Electric Vehicles, Section 301, Tariffs

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David Weslow

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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Sydney White

Athletes, Arenas, and Cyberattacks: The Evolving Landscape of Cybersecurity in Sports

As cybersecurity threats continue to evolve, the sports industry faces unique challenges in safeguarding its data, athletes, and events. During a recent panel discussion at the Aspen Cyber Summit, Reynold Hoover, CEO of the 2028…more

Arenas and Stadiums, Athletes, Cyber Attacks, Cybersecurity, Cybersecurity Information Sharing Act (CISA)

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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

Federal Electioneering Communication Rules Apply Starting September 6; May Impact Your Grassroots Lobbying

The federal rules for electioneering communications kick in on September 6, 2024, and run through Election Day. These rules could affect your grassroots lobbying during this 60-day period if your ads are on radio or television…more

Advertising, Broadcasting, Disclaimers, Electioneering, Federal Election Commission (FEC)

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Isaac Wyant

Appeals Court Rules Against ATF’s use of “Vague” and “Amorphous” Factors to Classify Firearms

In a case argued by Wiley attorneys on behalf of the Firearms Regulatory Accountability Coalition (FRAC), SB Tactical, B&T USA, and Richard Cicero, the Eighth Circuit issued a 2-1 opinion in FRAC v. Garland finding that the…more

Administrative Procedure Act, Arbitrary and Capricious, ATF, Firearms, Gun Laws

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Brandis Zehr

2024 Election Campaign Finance by the Numbers: Coordination Bans and Electioneering Communication Windows

With the first Republican Presidential debate behind us, we know that we are approaching the 2024 election season. Yesterday (Sunday, September 17), the season really kicked off as far as federal campaign finance is concerned…more

Campaign Funds, Department of Justice (DOJ), Federal Election Commission (FEC), Political Campaigns, Political Candidates

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