All Perspectives

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.

Partner James Kim was quoted on the Court of International Trade’s filing that amended their previous order to US Customs and Border Protection (CBP) to ignore tariffs installed under the International Emergency Economic Powers Act when processing refunds for unprocessed or unfinalized entries.

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

ArentFox Schiff, in collaboration with Consilio, will host the 2026 Chicago Pharma Forum on May 6, 2026, bringing together pharmaceutical industry leaders and in‑house counsel in the Chicago area for a full day of discussion and networking.

San Francisco Managing Partner and Sports Industry Group Co-Leader Richard Brand will serve as a panel moderator at the 3rd Annual Santa Clara Sports Law Conference on March 27, 2026.

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.

Trademark & Copyright Partner and AI & Emerging Technologies Co-Leader Danielle Bulger will speak on a panel titled “Leading Deals & Matters: The Mid-Level Blueprint for Ownership, Delegation & Team Leadership” at CCWC’s Law Firm Associates Conference on March 25, 2026.

Health Care Industry Group Co-Leader Annie Chang Lee will kick off the California Ambulatory Surgery Association’s (CASA) Administrator Mastery Series as the inaugural speaker on March 25, 2026.

Pat Naples was quoted on a recent appeal to the US Supreme Court about a Ninth Circuit interpretation of the False Claims Act’s prohibition on qui tam complaints that are “substantially the same” as previously disclosed allegations.

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.

ArentFox Schiff successfully represented Skyway Concession Company, LLC, operator of the eponymous toll road, in defeating a putative class action that accused the Skyway of charging excessive tolls over a five-year period.

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.

Branded residences, which are residential properties that offer residents hotel-caliber services and amenities in everyday life, most often tied to well-known hospitality or luxury retail brands, are experiencing unprecedented growth and are reshaping the landscape of real estate development in the United States and globally.

Join ArentFox Schiff Counsel Sylvia Costelloe for a panel discussion hosted by the Women In International Trade Orange County (WITOC).

Health Care Industry Co-Leader Nadia Patel was quoted on Johnson & Johnson’s Janssen Products LP unit’s appeal to the Third Circuit Court of Appeals to overturn the 2025 jury $1.6 billion verdict — the largest False Claims Act (FCA) judgment in history.

As in 2025, the first few months of 2026 have seen fashion and retail companies operating in an environment where legal developments increasingly shape day-to-day business decisions, and the same is expected to continue throughout the rest of the year.

On March 10, the US Department of Justice (DOJ) announced its first uniform Corporate Enforcement and Voluntary Self-Disclosure Policy (DOJ CEP).