Alerts

The US Food and Drug Administration (FDA) has now escalated its Drug Supply Chain Security Act (DSCSA) findings at Pure Indulgence Aesthetics from a Form FDA 483 (given to the company at the close of a December 2025 inspection) to a formal Warning Letter, issued on April 1.

While Section 232 tariffs have so far been largely a metals-and-autos story, pharma has now officially joined the narrative.

A recent federal court decision is a helpful reminder for any company whose products carry a “Made in the USA” label — or anything close to it.

Last week, a unanimous Seventh Circuit panel concluded that the Illinois General Assembly’s recent change to the calculation of statutory damages under Illinois’ Biometric Information Privacy Act (BIPA) applies retroactively to cases that were filed before the legislature’s amendment took effect. The decision significantly reduces exposure for companies facing BIPA cases.

On March 26, President Trump signed a new executive order (EO) imposing mandatory anti-diversity, equity, and inclusion (DEI) clauses in all federal contracts and subcontracts, with key compliance deadlines beginning as early as April 25.

On March 31, the American College of Investment Counsel (ACIC) released comprehensive updates to all four Model Form Note Purchase Agreements used in domestic and cross-border private placement transactions.

On April 1, the Financial Crimes Enforcement Network (FinCEN) submitted a Notice of Proposed Rulemaking proposing regulations to establish a formal Whistleblower Program under 31 U.S.C. § 5323.

Prop 65 Counsel: What To Know

Headlines that Matter for Companies and Executives in Regulated Industries

On April 2, President Trump signed a new Proclamation titled “Strengthening Actions Taken to Adjust Imports of Aluminum, Steel, and Copper Into the United States,” which fundamentally restructures how Section 232 tariffs are assessed on steel, aluminum, copper, and their derivative products.

The Federal Trade Commission’s (FTC) recent case against OkCupid and Match Group Americas is a classic FTC Section 5 deception action focused on false and misleading privacy promises about third-party data sharing, with the notable distinction that the third-party recipient was an artificial intelligence (AI) company.

Historically, menopause has not been specifically identified as a protected medical condition under state and federal law, even though its related symptoms in many cases are medical conditions covered by existing leave and accommodation laws. That is rapidly changing.

As many FBA members know by now, the FBA realized a significant and longstanding objective in December of 2025 with the enactment of the Foundation
of the Federal Bar Charter Amendments Act.

Forget science fiction — the race to wire computers directly into the human brain is well underway, and it is moving fast.

In 2025 alone there were over 1,000 lawsuits filed alleging violations of the California Invasion of Privacy Act (CIPA). Plaintiffs typically allege that third-party cookies, pixels, or other tracking mechanisms violate various aspects of CIPA as either wiretapping or trap and trace devices.

On March 9, a federal court in Connecticut issued a decision in Abira Medical Laboratories LLC v. Aetna Inc. et al. that underscores the continuing importance of clear and comprehensive assignment-of-benefits language in payer disputes.

Headlines that Matter for Companies and Executives in Regulated Industries

The False Claims Act (FCA) is the single-most powerful tool for rooting out fraud against the US government, and any nonprofit that receives federal funds should ensure compliance is integrated into its programs to avoid the severe penalties that can come with FCA violations.

When confronted with defense arguments that the alleged misappropriation should have been discovered sooner with reasonable diligence and as such the claims were time-barred, the Eastern District of Virginia holds that the plaintiff, SkyBell, prevails due in part to contractual restrictions limiting Alarm.com’s permitted uses of licensed — and allegedly misappropriated — SkyBell technology; and that, without the benefit of hindsight the court can not conclude SkyBell was on notice.

The federal government is reshaping the rules for how data centers obtain power. In the past four months, the White House, Federal Energy Regulatory Commission (FERC), and US Congress have each taken significant action on data center energy policy that will influence how facilities are sited, powered, and interconnected for years to come.

Headlines that Matter for Companies and Executives in Regulated Industries

California employers can breathe a sigh of relief. On March 17, the Fifth District Court of Appeal issued a significant, published decision in Ayala-Ventura v. Superior Court that is likely to maintain enforceability of employee arbitration agreements in the state.

The Trump Administration’s tariff strategy has undergone a significant legal pivot in recent weeks. After the February 20 US Supreme Court ruling that invalidated the International Emergency Economic Powers Act (IEEPA) tariffs, the Administration immediately announced that they would impose tariffs under alternative authorities, seemingly in an attempt to mirror the IEEPA tariff regime.

On March 11, US Patent and Trademark Office (USPTO) Director John A. Squires issued a Memorandum setting forth three additional discretionary factors for Inter Partes Review (IPR) and Post Grant Review (PGR) institution decisions, all organized around US manufacturing and small business status. When deciding whether to institute a review, the director will now consider the following.

On March 12, the District of Columbia Court of Appeals issued a landmark decision interpreting the District’s Anti-SLAPP Act, the statutory scheme directed at deterring Strategic Lawsuits Against Public Participation (SLAPPs). The court’s opinion reinforces the utility of the Anti-SLAPP Act’s special motion to dismiss framework for early dismissal of meritless litigation targeting speech on matters of public interest, and the significant hurdles SLAPP plaintiffs face to survive such motions, particularly in cases brought by public or limited public figures.