News & Analysis as of

Waivers

Fox Rothschild LLP

Executive Order 13 Extends Waivers for New Jersey Advanced Practice Nurses and Physician Assistants

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New Jersey advanced practice nurses (“APNs”) and physician assistants (“PAs”) have until April 2, 2026, to secure collaborating or supervising physicians before pandemic-era practice waivers expire. Healthcare practices and...more

Mayer Brown

SEC’s Division of Enforcement Announces Key Updates to Its Enforcement Manual

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On February 24, 2026, the United States Securities and Exchange Commission’s (“SEC”) Division of Enforcement (“Division”) announced significant updates to its Enforcement Manual for the first time since 2017. These updates...more

Cadwalader, Wickersham & Taft LLP

Updated SEC Enforcement Manual Emphasizes Transparency, Consistency, and Efficiency

On February 24, 2026, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) Division of Enforcement (“Enforcement Division”) announced significant updates to its Enforcement Manual (the “Manual”), marking the...more

A&O Shearman

SEC Updates Enforcement Manual: Key Changes To Wells Notices, Settlements, and Cooperation Guidance

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For the first time in nearly a decade, the U.S. Securities and Exchange Commission’s Division of Enforcement (“Division”) released updates to its Enforcement Manual (“Manual”), emphasizing transparency and consistency in...more

Whiteford

Client Alert: Good Intentions, Hidden Risk: How to Structure Resident Programs Safely

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Many communities are seeing an increase in resident-led initiatives designed to help neighbors. Initiatives include assisting with minor household tasks, walking pets during illness, providing transportation to appointments...more

Cooley LLP

Updated SEC Enforcement Manual Emphasizes Engagement and Transparency

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On February 24, 2026, the US Securities and Exchange Commission (SEC) announced major updates to its Enforcement Manual (Manual), a guidance document the SEC staff uses when conducting investigations of potential securities...more

Miller Canfield

Second Circuit: “No Appeal” Means What, Exactly? Ambiguous Arbitration Waiver Fails to Block Appellate Review

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Arbitration clauses sometimes state that the parties waive their right to appeal. But a recent decision from the United States Court of Appeals for the Second Circuit underscores the importance of specifying exactly which...more

Hogan Lovells

USDA proposes to increase line speeds for young chicken, turkey, and swine operations

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The U.S. Department of Agriculture (USDA) Food Safety Inspection Service (FSIS) has issued two proposed rules that would increase allowable line speeds in poultry and swine slaughter operations. The “Maximum Line Speed Rates...more

Holland & Knight LLP

SNAP Chaos: What Retailers Need to Know

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Under the Trump Administration's Make America Healthy Again initiative, states are rolling out conflicting Supplemental Nutrition Assistance Program (SNAP) product‑restriction waivers, as approved by the U.S. Department of...more

Fenwick & West LLP

Considerations for Negotiating Insurance Provisions in Contracts

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When drafting or reviewing commercial contracts, in-house counsel should understand the implications of different insurance-related clauses, as some contract requirements may be contentious. Even if the parties agree on...more

Rivkin Radler LLP

Medicare Telehealth Waivers Extended

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On February 3, President Trump signed the Consolidated Appropriations Act, 2026 (H.R.7418), which extends certain Medicare telehealth flexibilities through December 31, 2027. These flexibilities were initially enacted by...more

McGuireWoods LLP

When AI Isn’t Privileged, Confirmed: SDNY’s Written Opinion Elaborates on Confidentiality, Work Product, and Waiver

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On February 10, 2026, U.S. District Judge Jed Rakoff of the Southern District of New York issued a bench ruling holding that a defendant’s use of generative AI to analyze legal exposure is not protected under attorney-client...more

Husch Blackwell LLP

Iowa Every Student Succeeds Act Waiver Approved by U.S. Department of Education

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On January 7, 2026, the U.S. Department of Education (the “Department”) approved Iowa’s “Returning Education to the States Waiver,” making Iowa the first state to receive such approval. This waiver frees Iowa from several...more

Lathrop GPM

Wisconsin Federal Court Denies Franchisee’s Motion to Dismiss Declaratory Judgment Suit Concerning Arbitrability

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In a dispute over whether individuals signing a franchise agreement are subject to the franchise agreement’s arbitration provisions, a federal court in Wisconsin denied a motion to dismiss a request for the federal court to...more

Seyfarth Shaw LLP

FLSA Releases: When Employers Might Get the Benefit of Their Bargain

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It has long been established that, to be enforceable, a release of a FLSA claim must be approved by either the Department of Labor or a court. While courts in the Second and Eleventh Circuits have consistently adhered to this...more

Akin Gump Strauss Hauer & Feld LLP

FCC Announces a ‘Waiver of Prohibitions’ on Certain Permissive Changes to Covered UAS and UAS Critical Components

As explained in greater detail in a previous alert, on December 22, 2025, the Federal Communications Commission (FCC) added to the Covered List all foreign-produced uncrewed aircraft systems (UAS) and UAS critical components,...more

Greenbaum, Rowe, Smith & Davis LLP

NJ Healthcare Providers Are Impacted by Termination of Longstanding Pandemic-Era Emergency Declarations by January 16th Executive...

On January 16, 2026, former Governor Phil Murphy signed Executive Order 415, marking a critical return to New Jersey’s pre-pandemic regulatory framework for certain healthcare providers. While the Executive Order immediately...more

McGuireWoods LLP

Why Would a Litigant Ever Concede a Document It Produced Wasn’t Privileged?

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In many, if not most, cases, a litigant producing documents aggressively claims privilege protection, presumably figuring that “there’s no harm in asking.” But sometimes there is. In Berkovec v. Blue Matrix I, LLC, Index...more

DLA Piper

SEC enforcement shake-up and Wells process reforms: Top points

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Under the current administration, the United States Securities and Exchange Commission (SEC) has advanced significant organizational and procedural changes in its Division of Enforcement, which will impact how investigations...more

Jackson Walker

Texas Business Court Enforces Punitive-Damages Waiver and Clarifies Post-Resignation Trustee Duties

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In Preston Hollow Capital, LLC v. Truist Bank, Cause No. 25-BC01B-0030, the Texas Business Court issued a detailed opinion addressing three recurring issues in sophisticated financing disputes: (1) whether the parties’...more

Latham & Watkins LLP

English Court of Appeal: Awareness Is Necessary to Waive Contractual Termination Rights

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The English Court of Appeal’s judgment in Ure Energy makes an important contribution to the law of waiver....more

Orrick, Herrington & Sutcliffe LLP

FCC extends robocall consent revocation rule waiver to January 2027

On January 6, the FCC issued an order extending the waiver of a rule that would require callers to treat a consumer’s request to revoke consent to robocalls or robotexts as applicable to all future communications from that...more

Carlton Fields

SEC Retunes on Jointly Considering Settlement Offers and Waiver Requests

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In September, the SEC retuned its approach to considering settlement offers for enforcement actions with related waiver requests. This new approach puts the SEC back on pitch with a stance it previously held from July 2019...more

Sheppard

The OBBBA Is Here: What Health System Leaders Should Be Focused on Now

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The One Big Beautiful Bill Act (OBBBA), enacted in July 2025, is no longer a policy debate or a future concern. It is already changing how coverage works, how Medicaid dollars flow, and how much operational friction health...more

McGuireWoods LLP

Circuit Court Recognizes Criminal Defense That Seems Too Good to Be True

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A recent federal appeals court ruling raised eyebrows for its view of an implied privilege waiver. Waivers can be express or implied. The former can occur with the disclosure of a document’s content. The latter can be more...more

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