Fashion trademark disputes often turn on a deceptively simple question: when does a design feature stop being decoration and start functioning as a brand identifier?
A lawsuit against sneaker brand On asks how much national pride a label can sell before it crosses the line into deception.
Can your association board and senior leadership team answer these seemingly straightforward questions: “Where are our most important contracts, and is someone tracking what they require?” For many associations, the honest answer is that contract management happens in pieces across departments, in response to questions, and without dedicated trade association legal counsel weighing in until a problem surfaces.
On June 17, the Council of the European Union (EU) and the European Parliament formally adopted the long-debated regulation for plants developed using certain new genomic techniques (NGTs).
D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Shoshana Golden, Meredith Gillespie
Headlines that Matter for Companies and Executives in Regulated Industries
Prop 65 Counsel: What To Know
On July 14, the US Food and Drug Administration (FDA) announced final guidance regarding clinical investigations of psychedelic drugs.
Earlier this year we flagged New York’s “synthetic performer” disclosure law, N.Y. General Business Law § 396-b, the Synthetic Performer Law, as one to watch. The watch is over.
The Pharmacy Compounding Advisory Committee (PCAC) is a 14-member US Food and Drug Administration (FDA) advisory panel of pharmacists, physicians, and other experts. It reviews the scientific and safety record for bulk drug substances nominated for compounding and votes on non-binding recommendations to the FDA.
A recent California Superior Court decision against Kars4Kids, the charity known for its memorable advertising jingle, demonstrates the significant risks that charities can face if their solicitations are found to be misleading.
The US Department of Justice (DOJ) is increasingly using the False Claims Act (FCA) to pursue customs fraud, tariff evasion, and duty underpayments, resulting in significant settlements and expanded enforcement activity.
California family offices with clients at or near the $1 billion net worth threshold should be monitoring Proposition 40, the 2026 Billionaire Tax Act, which has qualified for the November 3 ballot and could impose a one-time tax of up to 5% on the net worth of certain California residents if approved by voters.
On July 13, the US Food and Drug Administration (FDA) proposed a new rule that would fundamentally change how certain drug manufacturers register their facilities and list their products with the agency.
On June 26, Illinois Governor JB Pritzker signed House Bill 4517 into law, amending the Illinois Authorized Electronic Monitoring in Long-Term Care Facilities Act.
Linda M. Jackson, Matthew F. Prewitt, Allan E. Anderson, Ehsun Forghany, Nicholas J. Nesgos, Alexander H. Spiegler, John M. Hindley, Stella T. Oyalabu
In Wilbur-Ellis Company v. Gompert, the US Court of Appeals for the Eighth Circuit affirmed summary judgment for defendants, four former employees of plaintiff, who brought claims against them under the Defend Trade Secrets Act (DTSA) and the Nebraska Trade Secrets Act (NTSA). The Eighth Circuit affirmed the district court’s decision holding that the plaintiff employer had failed to identify its alleged secrets with specificity and had failed to connect circumstantial evidence to any particular trade secret or improper use.
On July 7, US Securities and Exchange Commission (SEC) Chairman Paul S. Atkins issued a statement outlining the agency’s 2026 Regulatory Agenda and its key priorities for the coming year.
On July 2, the Centers for Medicare & Medicaid Services (CMS) released the Calendar Year 2027 Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Proposed Rule (CMS-1850-P).
The US data center sector is in the midst of a historic capital cycle as artificial intelligence (AI), cloud computing, and digital infrastructure demand pushes hyperscalers and colocation providers to commit capital at unprecedented scale.
Angela M. Santos, Antonio J. Rivera, Megan Barnhill, James Kim*, Nancy A. Noonan, Diana Dimitriuc Quaia, Christopher H. Skinner, Matthew Tuchband, Lucas A. Rock, Mario A. Torrico, Maya S. Cohen, Collin M. Douglas, Derek Ha, Tyler J. Kimberly, Andrew McArthur, Kelsey Griswold-Berger*
Welcome to the July 2026 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.
D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Meghan F. Hart, Meredith Gillespie
Headlines that Matter for Companies and Executives in Regulated Industries
A newly filed California suit, Winters v. OpenAI, Inc. et al., may become the first case to test whether product liability and negligence per se theories can reach a generative artificial intelligence (AI) chatbot’s design and deployment decisions, after ChatGPT-4o’s health-related guidance allegedly contributed to a plaintiff’s near-fatal medical emergency.
On July 16, the Centers for Medicare & Medicaid Services (CMS) published the 2027 Physician Fee Schedule (PFS) proposed rule. Among other provisions, CMS has now proposed to convert a previously voluntary filing to a mandatory submission: requiring 340B Covered Entities to submit Part D claims data to the Medicare Part D Claims Data 340B Repository beginning in 2027.
The Internal Revenue Service (IRS) released Notice 2026-40 on June 18, announcing that proposed regulations regarding qualified opportunity zones (QOZs) under §§ 1400Z-1 and 1400Z-2 of the Internal Revenue Code are forthcoming and providing long-anticipated transitional guidance relating to qualifying investments thereunder.
On July 20, President Trump issued a proclamation imposing an additional 50% ad valorem duty on Canadian-origin alcoholic beverages imported into the United States, effective 12:01 AM ET, August 19. The action is a direct, sector-matched response to Canada’s provincial bans on the purchase, distribution, and retailing of US alcoholic beverages, which have been in effect across virtually all provinces and territories since March 2025.
On July 13, in connection with the suspension of its Cybersecurity Maturity Model Certification (CMMC) Phase II roll-out, the US Department of Defense/War established a CMMC Reform Task Force, charged with reviewing and proposing reforms to the Department’s cybersecurity program requirements for the Defense Industrial Base (DIB).