Alerts

In a significant win for the energy industry, the Maryland Supreme Court affirmed the dismissal of three municipal lawsuits alleging that energy companies engaged in deceptive practices related to the promotion of fossil fuels.

On April 10, the US Department of Justice (DOJ) announced that International Business Machines Corporation (IBM) agreed to pay more than $17 million to resolve allegations that it violated the False Claims Act (FCA) by failing to comply with anti-discrimination requirements as set forth in Title VII of the Civil Rights Act of 1964.

Washington has joined the growing list of states that ban almost all employee noncompete agreements.

In a significant decision, the Delaware Supreme Court reversed the dismissal of Payscale, Inc.’s breach of contract claims arising from Erin Norman’s alleged violations of the noncompete, non-solicitation, and confidentiality provisions contained in the incentive equity agreement that she signed as an employee.

Last month, the US District Court for the District of Columbia struck down a 2013 policy issued by the US Department of Health and Human Services Health Resources and Services Administration (HRSA) regarding the Section 340B Drug Pricing Program “GPO prohibition” and hospital replenishment (virtual inventory) practices.

Importers now have a path to reclaim tariffs they never should have paid.

Headlines that Matter for Companies and Executives in Regulated Industries

In recent months, states across the country have shifted their approach to data center regulation. More than 300 data center-related bills have been introduced in 30 states’ legislatures in the first six weeks of 2026 alone, marking a decisive pivot from incentive-focused policies toward regulatory oversight as the energy demands of hyperscale facilities become clearer.

On March 4, 2025, the US Court of Appeals for the Second Circuit in Estate of Kalikow v. Comm’r., 135 AFTR 2d 2025-831 (2d Cir. 2025), upheld the US Tax Court’s prior ruling in Estate of Kalikow v. Comm’r., T.C. Memo. 2023-21, and affirmed that a settlement resolving an undistributed income claim against a Qualified Terminable Interest Property (QTIP) trust in favor of the decedent’s estate did not reduce the value of the assets included in the estate.

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.