Wiley Rein LLP

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2050 M Street NW
Washington, DC 20036, United States
Phone: (202) 719-7000
Fax: (202) 719-7049
Areas Of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Commercial Law & Contracts
  • Communications & Media Law
  • Criminal Law
  • Elections & Politics
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Science, Computers, & Tech
  • Securities Law
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Other U.S. Locations
  • D.C.
Number of Attorneys
200+ Attorneys

FCC Bans “Bad Labs” Connected to Foreign Adversaries, Seeks Comment on Additional Restrictions for Equipment Authorization Program

Continuing its efforts under Chairman Brendan Carr’s leadership to safeguard United States communications infrastructure from foreign threats, the Federal Communications Commission (FCC or Commission) adopted an Order and…more

Bureau of Industry and Security (BIS), China, Department of Defense (DOD), Enforcement Actions, FCC

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Wiley Consumer Protection Download (July 1, 2025)

New York Legislature Passes FAIR Business Practices Act. On June 18, the New York state legislature passed the Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Business Practices Act),…more

Advertising, Algorithms, Artificial Intelligence, California, Consumer Protection Laws

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Key Insights from California's Kickoff Workshop on Corporate GHG Reporting and Climate Risk Disclosures

On May 29, the California Air Resources Board (CARB) held a public workshop on CA climate disclosure laws. During the workshop, CARB shared a timeline for regulatory development and an overview of initial staff concepts to…more

Administrative Procedure Act, Business Entities, California, CARB, Climate Change

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BIS Rescinds AI Diffusion Rule and Issues Guidance on Advanced Computing Integrated Circuits

On May 12, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced the rescission of the previously issued Framework for Artificial Intelligence (AI) Diffusion Rule. The following day, May 13,…more

Artificial Intelligence, Bureau of Industry and Security (BIS), China, Enforcement Actions, Export Controls

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FinCEN Guts Corporate Transparency Act; Narrows Scope to Cover Only Foreign Companies and Beneficial Owners

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule (IFR) that materially alters the Corporate Transparency Act’s (CTA) reporting requirements. Consistent with FinCEN’s March 2,…more

Beneficial Owner, Corporate Governance, Corporate Transparency Act, Filing Deadlines, FinCEN

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Wiley Consumer Protection Download (July 1, 2025)

New York Legislature Passes FAIR Business Practices Act. On June 18, the New York state legislature passed the Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Business Practices Act),…more

Advertising, Algorithms, Artificial Intelligence, California, Consumer Protection Laws

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Ninth Circuit Privacy Ruling Could Be Used to Expand Potential Forums for E-Commerce Lawsuits

On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand…more

Appeals, Business Litigation, California, Cookies, Corporate Counsel

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FCC Opens Foreign Ownership Proceedings for Comment, Advancing National Security Focus

The public comment period is now open for two Federal Communications Commission (FCC or Commission) proceedings proposing new rules related to foreign ownership of FCC authorization holders. Both proceedings are part of the…more

Bureau of Industry and Security (BIS), China, Comment Period, Covered Entities, Drones

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Appealed Trial Court Conviction Qualifies as “Final Adjudication”

Applying New York law, the Southern District of New York concluded that a trial court judgment qualified as a “final adjudication” even though it was under appeal…more

CEOs, Denial of Insurance Coverage, Errors and Omissions Policy, Insurance Industry, Policy Exclusions

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FDA’s Catch-Up Plan on Cosmetics Faces Likely Regulatory Delays with Change in Administrations

The U.S. Food and Drug Administration (FDA) has been playing catch-up on three long-delayed proposed rules required under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA): •Standardized test methods to detect…more

Asbestos, Consumer Product Companies, Cosmetics, Enforcement, Final Rules

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Trump Announces Section 232 Investigation on Wood Products and Other Actions to Promote Domestic Timber Production

On March 1, 2025, President Trump issued a pair of Executive Orders aimed at promoting domestic production of wood products. First, he announced the initiation of an investigation under Section 232 of the Trade Expansion Act to…more

Department of Agriculture, Endangered Species Act (ESA), Executive Orders, Imports, National Security

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Hiring From the Federal Government: A Top 12 List

With the change of Presidential Administrations and with a new Congress, many current federal government officials and employees – whether elected, appointed, or hired – are exploring employment opportunities in the private…more

Communication Restrictions, Ethics, Executive Branch, Federal Bans, Federal Elections

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Colorado Court of Appeals Permits COVID-19 Coverage Suit to Proceed Based on Health Care Endorsement Coverage

The Colorado Court of Appeals (Division VI), applying Colorado law, partially affirmed a trial court decision dismissing an action seeking insurance coverage for COVID‑19 related losses. Spectrum Retirement Communities, LLC v…more

Appeals, Business Losses, Colorado, Commercial Litigation, Contamination

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FCC Opens Foreign Ownership Proceedings for Comment, Advancing National Security Focus

The public comment period is now open for two Federal Communications Commission (FCC or Commission) proceedings proposing new rules related to foreign ownership of FCC authorization holders. Both proceedings are part of the…more

Bureau of Industry and Security (BIS), China, Comment Period, Covered Entities, Drones

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White House Issues Presidential Proclamations Extending Section 232 TRQs on Steel and Aluminum Imports from the EU

On December 28, 2023, the White House published presidential proclamations extending the tariff-rate quotas (TRQs) in place on imports of steel and aluminum products from the European Union (EU) until December 31, 2025…more

EU, Imports, Steel Industry, Tariff Rate Quota (TRQ), Tariffs

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CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of…more

Appeals, CAFC, China, Constitutional Challenges, Court of International Trade

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ATF Allows Importation of Dual-Use Firearm Barrels, Irrespective of Previous Status or Configuration

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has issued Ruling 2025-1, which loosens ATF’s policy with respect to the importation of firearm barrels. Specifically, the agency will now allow the importation of…more

ATF, Dual Use Goods, Export Controls, Exports, Firearms

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FCC Opens Foreign Ownership Proceedings for Comment, Advancing National Security Focus

The public comment period is now open for two Federal Communications Commission (FCC or Commission) proceedings proposing new rules related to foreign ownership of FCC authorization holders. Both proceedings are part of the…more

Bureau of Industry and Security (BIS), China, Comment Period, Covered Entities, Drones

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Update: DOJ and CISA Issue New National Security Program to Regulate Foreign Access to Sensitive Data

On January 8, 2025, the U.S. Department of Justice (Department or DOJ) issued new rules required by then-President Biden’s February 2024 Executive Order (EO) 14117 to establish a new regulatory framework aimed at “Preventing…more

Biometric Information, China, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Privacy

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President Trump’s Cyber Mandate: Analysis of Executive Order on Strengthening U.S. Cybersecurity

President Trump issued a cybersecurity Executive Order, “Sustaining Select Efforts to Strengthen the Nation’s Cybersecurity” (Trump EO), along with a corresponding Fact Sheet on June 6, 2025. The Trump EO clears some of the…more

Artificial Intelligence, Biden Administration, China, Cloud Computing, Cybersecurity

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DOJ Affirms Aggressive False Claims Act Enforcement, Highlights Use Against Illegal Trade Practices

The head of the U.S. Department of Justice (DOJ) branch that oversees False Claims Act (FCA) investigations affirmed the Trump Administration’s commitment to pursue civil fraud cases as part of its focus on achieving…more

Customs, Department of Defense (DOD), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

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FAR Council Unveils Long-Anticipated Rule for Controlled Unclassified Information

WHAT: The FAR Council published a proposed rule to incorporate the Controlled Unclassified Information (CUI) Program into the acquisition process and, in doing so, seeks to more clearly define government and contractor roles and…more

Controlled Unclassified Information (CUI), Cyber Incident Reporting, Cybersecurity, Data Security, Executive Orders

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FCC Seeks Comment on ATSC 3.0/Next Gen TV Transition

On April 7, 2025, the Federal Communications Commission (FCC or Commission) released a Public Notice seeking comment on the Petition for Rulemaking (the Petition) filed by the National Association of Broadcasters (NAB) asking…more

Broadcasting, Comment Period, FCC, Next Generation, Proposed Rules

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A New Era at the Federal Election Commission?

The Trump Administration is set to bring unprecedented changes to the Federal Election Commission (FEC). With the potential to nominate five new commissioners and an executive order asserting direct authority over the FEC's…more

Campaign Finance Reform, Executive Orders, Federal Election Commission (FEC), Federal Elections, Government Agencies

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Supreme Court Decision Could Galvanize Prosecutions of Government Contractors

The U.S. Supreme Court’s May 22 decision in Kousisis v. United States could have wide-ranging implications for criminal and civil fraud cases against government contractors going forward. The Court ruled that a government…more

Criminal Prosecution, Department of Justice (DOJ), Economic Loss Doctrine, Enforcement Actions, False Claims Act (FCA)

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Closing the FARA Retroactive Registration Loophole

Earlier this month, and following a string of recent bills introduced to reform the Foreign Agents Registration Act (FARA), Representative Ben Cline (R-VA) introduced the Foreign Agents Transparency Act (“Transparency Act”) with…more

Appeals, Department of Justice (DOJ), Enforcement Actions, Foreign Agents Registration Act (FARA), Legislative Agendas

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New Executive Orders Call for Rewriting Federal Procurement Rules, Maximizing Commercial Acquisitions

WHAT: President Trump issued two new Executive Orders (EOs) on April 15 and April 16, 2025, focused on federal procurement streamlining. The April 15 EO, entitled “Restoring Common Sense to Federal Procurement,” is intended to…more

Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors, Government Agencies, OFPP

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Supreme Court Declares Universal Service Fund Constitutional, Reversing Fifth Circuit Opinion

On June 27, 2025, the U.S. Supreme Court affirmed, in FCC v. Consumers’ Research (Consumers’ Research), the constitutionality of the funding mechanism for the Federal Communications Commission’s (FCC or Commission) Universal…more

Appeals, Broadband, Constitutional Challenges, FCC, Government Agencies

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Athletes, Arenas, and Cyberattacks: The Evolving Landscape of Cybersecurity in Sports

As cybersecurity threats continue to evolve, the sports industry faces unique challenges in safeguarding its data, athletes, and events. During a recent panel discussion at the Aspen Cyber Summit, Reynold Hoover, CEO of the 2028…more

Arenas and Stadiums, Athletes, Cyber Attacks, Cybersecurity, Cybersecurity Information Sharing Act (CISA)

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Wiley Consumer Protection Download (July 1, 2025)

New York Legislature Passes FAIR Business Practices Act. On June 18, the New York state legislature passed the Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Business Practices Act),…more

Advertising, Algorithms, Artificial Intelligence, California, Consumer Protection Laws

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[Webinar] Bracing for Impact: Health Care in the Crosshairs Under the New Administration’s Enforcement Agenda - June 17th, 12:00 pm - 1:00 pm EDT

With the health care industry increasingly in the government’s crosshairs, this webinar unpacks evolving enforcement priorities under the new Administration – from False Claims Act crackdowns to expanded oversight – and explores…more

Continuing Legal Education, Enforcement Actions, Enforcement Priorities, False Claims Act (FCA), Health Care Providers

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President Trump Announces “America First Investment Policy” to Promote Investments from Allies and Enhance Restrictions on China

On February 21, 2025, President Trump signed a National Security Presidential Memorandum (NSPM) announcing an “America First Investment Policy” focused on promoting foreign investment in the United States from allies and…more

CFIUS, China, Foreign Adversaries, Foreign Direct Investment, Foreign Investment

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Court Considers Prior Notice, Intentional Acts, and Contract Exclusions as Applied to Insured’s Violation of California Franchise Investment Law for Incomplete Franchise Disclosures

The United States District Court for the District of New Hampshire, applying California law, considered several exclusions under a directors and officers liability policy as applied to a violation of the California Franchise…more

Franchises, Insurance Claims, Insurance Industry, Insurance Litigation, Material Misstatements

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CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of…more

Appeals, CAFC, China, Constitutional Challenges, Court of International Trade

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Commerce Seeks Comment in New Section 232 Investigations Covering Imports of Commercial Aircraft and Jet Engines and their Parts

On May 9, the U.S. Department of Commerce (Commerce) released an advanced notice soliciting public comments on an investigation into the national security impacts of imported commercial aircraft and jet engines, and parts for…more

Aircraft, Aviation Industry, Comment Period, Imports, National Security

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[Webinar] Effective PBM Contracting in a Changing World: From Procurement to Contract Execution - May 13th, 1:00 pm - 2:30 pm EDT

The process of procuring a new PBM and perhaps adopting a new pharmacy program design can be excruciatingly long, full of anticipated and unanticipated pitfalls and – if not thoughtfully and meticulously planned – can result in…more

Contract Drafting, Contract Negotiations, Drug Pricing, Pharmaceutical Industry, Pharmacy Benefit Manager (PBM)

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Ninth Circuit Privacy Ruling Could Be Used to Expand Potential Forums for E-Commerce Lawsuits

On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand…more

Appeals, Business Litigation, California, Cookies, Corporate Counsel

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New FCC Proceeding to Tackle Security in Equipment, Auctions, and Beyond

On May 27, 2021, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI) proposing significant changes to the FCC’s equipment authorization…more

Competitive Bidding, FCC, National Security, NPRM, Technology Sector

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CBP Takes Forced-Labor Action Against Chinese-Owned Extruder in the Dominican Republic

U.S. Customs and Border Protection (CBP) issued a forced-labor finding against Kingtom Aluminio S.R.L. (“Kingtom”), a Chinese-owned aluminum extruder in the Dominican Republic. CBP determined that aluminum extrusions, profile…more

China, Customs and Border Protection, Dominican Republic, Forced Labor, Imports

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Impact of U.S. Revocation of Permanent Normal Trade Relations with Russia

On March 11, 2022, President Biden called on Congress to revoke permanent normal trade relations (PNTR) with Russia. In a fact sheet regarding actions being taken simultaneously with the European Union and Group of Seven (G7)…more

Economic Sanctions, EU, Most-Favored Nations, Office of Foreign Assets Control (OFAC), Revocation

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Key Parts of Anti-DEI Executive Orders Blocked by Federal Judge

On Friday, February 21, 2025, the U.S. District Court for the District of Maryland issued a nationwide preliminary injunction that enjoins aspects of two Executive Orders (EOs), EO 14151, “Ending Radical and Wasteful Government…more

Civil Rights Act, Compliance, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employment Discrimination

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DOJ Announces Changes to White Collar Enforcement Policies, Focusing on “Most Egregious” Crimes

This week, the U.S. Department of Justice (DOJ) announced the Criminal Division’s new white collar enforcement plan, changes to its Corporate Whistleblower Pilot Program, and revisions to the Corporate Enforcement and Voluntary…more

Bribery, Corporate Crimes, Corporate Governance, Corporate Misconduct, Department of Justice (DOJ)

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Trump Announces Section 232 Investigation on Wood Products and Other Actions to Promote Domestic Timber Production

On March 1, 2025, President Trump issued a pair of Executive Orders aimed at promoting domestic production of wood products. First, he announced the initiation of an investigation under Section 232 of the Trade Expansion Act to…more

Department of Agriculture, Endangered Species Act (ESA), Executive Orders, Imports, National Security

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EEOC & DOJ Issue Guidance to Workers on Discrimination Related to DEI Programs

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), jointly issued technical assistance documents “focused on educating the public about unlawful discrimination…more

Affirmative Action, Anti-Discrimination Policies, Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I)

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ATF Removes Restrictions on Imports of Simunition Training Rounds

The Bureau of Alcohol, Tobacco, and Explosives (ATF) has removed restrictions on the importation of non-lethal marking rounds (also known as “training rounds” or “simunition rounds”). The move is expected to remove…more

Arms Export Control Act, ATF, Export Controls, Final Rules, Firearms

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DoD Releases Long-Awaited Intellectual Property Guidebook for Acquisition

WHAT: The U.S. Department of Defense (DoD) recently released its long-anticipated Intellectual Property Guidebook for DoD Acquisition – the culmination of years of internal effort to standardize the Department’s approach to…more

Contractors, Defense Contracts, Defense Sector, Department of Defense (DOD), Federal Acquisition Regulations (FAR)

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No Prejudice Required for Late Notice Under Claims-Made E&O Policy

The United States District Court for the Southern District of New York, applying Michigan law, has held that a claims-made E&O policy does not afford coverage where the insured failed to comply with a condition precedent to…more

Claims Made Policy, Errors and Omissions Policy, Insurance Claims, Insurance Industry, Insurance Litigation

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Potential Government Shutdown Nears as Negotiations Stall on the Hill

WHAT: The March 14 funding deadline is fast approaching, and it is increasingly likely that the federal government may shut down. Although the House narrowly passed a funding bill this week, the Senate has signaled that it may…more

Budget Cuts, Compliance, Contract Terms, Federal Acquisition Regulations (FAR), Federal Budget

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Commerce, State Departments Restrict Exports to Cambodia, Citing Corruption, Human Rights Abuses, Chinese Influence

On December 9, 2021, the Departments of Commerce and State issued rules restricting a range of exports to Cambodia citing, “significant evidence of corruption, human rights abuses, and an exclusive agreement with the People’s…more

Arms Embargo, Bureau of Industry and Security (BIS), Cambodia, China, Corruption

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Cyber Risks and Insurance 2025 Forecast

As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this…more

Artificial Intelligence, Biometric Information Privacy Act, Business Interruption, Business Losses, California Privacy Rights Act (CPRA)

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Fifth Circuit Strikes Down FCC Forfeiture Order, Holds That It Violates Seventh Amendment Right to a Jury Trial

On April 17, 2025, the Fifth Circuit issued an opinion (“Op.”) holding unconstitutional a Federal Communications Commission (FCC or Commission) enforcement order. In that order, the Commission imposed civil penalties against a…more

Administrative Proceedings, Appeals, Constitutional Challenges, Enforcement Actions, FCC

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Commerce Proposes Updating Trade Remedy Regulations to Enhance Administration of Antidumping and Countervailing Duty Laws

On July 12, 2024, the U.S. Department of Commerce (Commerce) issued a proposed rule designed “to enhance the administration of the antidumping duty (AD) and countervailing duty (CVD) laws.” Commerce is accepting comments on the…more

Anti-Dumping Duty, Comment Period, Countervailing Duties, Customs and Border Protection, Imports

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As D2D Deployment Increases, NTIA Seeks Comment on Potential Risks to GPS

The National Telecommunications and Information Administration (NTIA) has published a Notice and Request for Comment (RFC) on the potential impact of the increasing deployment of satellite-enabled direct-to-device (D2D) services…more

Aerospace, Aviation Industry, Comment Period, Department of Transportation (DOT), FCC

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AI Around the Globe: What to Know in 2024

In this Wiley Connected podcast, hear from Wiley Partners Amb. David Gross, Duane Pozza, Joan Stewart, and Consulting Counsel Jacquelynn Ruff about the latest in international developments surrounding Artificial Intelligence…more

Artificial Intelligence, Biden Administration, EU, Executive Orders, Innovative Technology

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Federal Court Determines Individual’s Receipt of a Subpoena Does Not Establish the Existence of an Investigation of a Wrongful Act by the Recipient

The United States District Court for the District of Columbia, applying Virginia law, denied an insured’s motion for partial judgment on the pleadings in part, finding that an insured person’s receipt of a subpoena does not…more

D&O Insurance, Excess Policies, Insurance Claims, Insurance Industry, Insurance Litigation

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Prior Demand for Books and Records Unrelated to Subsequent Arbitration Brought by Same Claimants

Applying Illinois state law, the Appellate Court of Illinois has held that two lawsuits against insureds did not allege Related Wrongful Acts sufficient to render the two lawsuits a single, related claim under the D&O insurance…more

Appeals, Arbitration, Breach of Contract, Business Litigation, D&O Insurance

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FinCEN Guts Corporate Transparency Act; Narrows Scope to Cover Only Foreign Companies and Beneficial Owners

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule (IFR) that materially alters the Corporate Transparency Act’s (CTA) reporting requirements. Consistent with FinCEN’s March 2,…more

Beneficial Owner, Corporate Governance, Corporate Transparency Act, Filing Deadlines, FinCEN

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No Coverage for Lawsuit Where “Claim” First Made at Time of Pre-Inception Tolling Agreement

In a win for Wiley’s client, a New York intermediate appellate court, applying New York law, has affirmed that no coverage is available for a legal malpractice lawsuit because the “claim” was first made before the policy’s…more

Appellate Courts, Attorney Malpractice, Denial of Insurance Coverage, Insurance Claims, Insurance Litigation

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One Claim Can’t Be “Deemed Made” Twice, Minnesota Court Holds

The Minnesota Court of Appeals has held that a malpractice claim was “deemed made” against an insured law firm when it received from its former client’s new counsel a letter directing the law firm to preserve records related to…more

Appeals, Attorney Malpractice, Claims Made Policy, Declaratory Judgments, Insurance Claims

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FTC Significantly Revises Its Premerger Notification Requirements, While Departing from Original Proposal

On October 10, 2024, the Federal Trade Commission (FTC or Commission) announced that it had unanimously adopted a Final Rule codifying numerous changes to the premerger notification form and premerger notification rules under…more

Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC), Final Rules, Hart-Scott-Rodino Act

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DOJ’s Approach to White Collar Enforcement: Target Those Who Harm U.S. Interests While Minimizing Collateral Damage

The U.S. Department of Justice (DOJ) recently announced Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (FCPA). The June 9 memorandum from Deputy Attorney General Todd Blanche instructs…more

Anti-Corruption, Bribery, Corporate Misconduct, Corruption, Criminal Prosecution

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FCC Launches New Licensing and Coordination Proposals for Space Launch Service

On December 6, 2024, the FCC’s Wireless Telecommunications Bureau (WTB) released a Public Notice (PN) seeking comment on licensing and frequency coordination procedures for the part 26 Space Launch Service (SLS) rules adopted by…more

Aerospace, Broadband, FCC, Licenses, NTIA

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Introducing Wiley’s Trump Administration Resource Center & Guide – Your Essential Tools for 2025

As President-Elect Trump’s second Administration begins in January 2025, businesses face a critical juncture with potential shifts in regulatory focus across industries and sectors including artificial intelligence,…more

Artificial Intelligence, Chevron Deference, Consumer Financial Protection Bureau (CFPB), Cryptocurrency, Data Privacy

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Food for Thought and Thoughts on Food: A Discussion on Scaling in Food and Other Industries

On this episode, Wiley's Amaru Sánchez is joined by Ryan Hawkins from Next Rung Technologies to discuss scaling across multiple industries and sectors and the difficulties startups are facing in the current investment landscape…more

Business Development, Food Manufacturers, Food Safety, Food Supply, Regulatory Oversight

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New 60 GHz Rules Offer Flexibility for Radar and WiGig Innovation

The Federal Communications Commission (FCC) has adopted new technical rules intended to promote unlicensed innovation for applications as diverse as “hot car” child safety and virtual reality gaming. The new rules, which took…more

FCC, Gaming, Radar, Radiofrequency (RF), Virtual Reality

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As D2D Deployment Increases, NTIA Seeks Comment on Potential Risks to GPS

The National Telecommunications and Information Administration (NTIA) has published a Notice and Request for Comment (RFC) on the potential impact of the increasing deployment of satellite-enabled direct-to-device (D2D) services…more

Aerospace, Aviation Industry, Comment Period, Department of Transportation (DOT), FCC

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[Webinar] Effective PBM Contracting in a Changing World: From Procurement to Contract Execution - May 13th, 1:00 pm - 2:30 pm EDT

The process of procuring a new PBM and perhaps adopting a new pharmacy program design can be excruciatingly long, full of anticipated and unanticipated pitfalls and – if not thoughtfully and meticulously planned – can result in…more

Contract Drafting, Contract Negotiations, Drug Pricing, Pharmaceutical Industry, Pharmacy Benefit Manager (PBM)

See all updates »

As D2D Deployment Increases, NTIA Seeks Comment on Potential Risks to GPS

The National Telecommunications and Information Administration (NTIA) has published a Notice and Request for Comment (RFC) on the potential impact of the increasing deployment of satellite-enabled direct-to-device (D2D) services…more

Aerospace, Aviation Industry, Comment Period, Department of Transportation (DOT), FCC

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Supreme Court Declares Universal Service Fund Constitutional, Reversing Fifth Circuit Opinion

On June 27, 2025, the U.S. Supreme Court affirmed, in FCC v. Consumers’ Research (Consumers’ Research), the constitutionality of the funding mechanism for the Federal Communications Commission’s (FCC or Commission) Universal…more

Appeals, Broadband, Constitutional Challenges, FCC, Government Agencies

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Fourth Circuit Stays Preliminary Injunction of DEI-Focused Executive Order Provisions

WHAT: The U.S. Court of Appeals panel has stayed a preliminary injunction that the U.S. District Court for the District of Maryland had issued covering parts of two Executive Orders: EO 14151, “Ending Radical and Wasteful…more

Civil Rights Act, Compliance, Constitutional Challenges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I)

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California Federal Court Holds Exception to I v. I Exclusion Restores Coverage for D&O Claim Based on Dilution of Shares

The United States District Court for the Southern District of California, applying California law, has held that an exception within an insured vs. insured (I v. I) exclusion of a D&O policy restored coverage for a suit between…more

California, Corporate Governance, D&O Insurance, Directors, Insurance Claims

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New Executive Orders Call for Rewriting Federal Procurement Rules, Maximizing Commercial Acquisitions

WHAT: President Trump issued two new Executive Orders (EOs) on April 15 and April 16, 2025, focused on federal procurement streamlining. The April 15 EO, entitled “Restoring Common Sense to Federal Procurement,” is intended to…more

Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors, Government Agencies, OFPP

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Seventh Circuit Affirms that “Inadequate Consideration” Provision Bars Coverage for Securities Fraud Settlements

In a win for Wiley’s client, the United States Court of Appeals for the Seventh Circuit held, under Wisconsin law, that an exception for settlements of “Inadequate Consideration Claims” barred coverage for the insured’s…more

D&O Insurance, Failure To Disclose, Insurance Litigation, Securities and Exchange Commission (SEC), Securities Fraud

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Fifth Circuit Holds Carve-Back Provision Could Not Overcome Breach of Contract Exclusion for Louisiana Wage Payment Act Claim

The United States Court of Appeals for the Fifth Circuit, applying Louisiana law, has held that a breach of contract exclusion barred coverage for a judgment awarded to two employees who were not paid severance as required under…more

Appeals, Breach of Contract, Contract Terms, Employee Benefits, Employment Contract

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Federal Judge Blocks NIH Grant Cuts, Rejecting DOJ’s Claims of Unlawful Discrimination

WHAT: A Massachusetts federal judge blocked the National Institutes of Health (NIH) from cutting hundreds of programs that provide grants to universities, hospitals, and other organizations. The judge found that NIH offered only…more

Administrative Procedure Act, Appeals, Constitutional Challenges, Department of Justice (DOJ), Discrimination

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“Modernizing Defense Acquisition” EO Directs “Comprehensive Overhaul” of DOD Acquisition System

WHAT: The Trump Administration issued an Executive Order (EO) to kick off a “comprehensive overhaul” of the U.S. Department of Defense (DOD) acquisition system, aiming to “rapidly reform” acquisition processes with an emphasis…more

Acquisitions, Defense Contracts, Department of Defense (DOD), DFARS, Executive Orders

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Coverage Barred by Prior Acts Exclusion Under First Policy; No Coverage Under Second Policy Because Defendant did not Qualify as an Insured

The United States District Court for the District of New Mexico, applying New Mexico law, has held that a prior acts exclusion in a directors and officers policy barred coverage for an investor lawsuit alleging a scheme to…more

Business Entities, Business Litigation, D&O Insurance, Fiduciary Duty, Fraud

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FCC Proposes Sweeping Changes to Submarine Cable Licensing Rules

On November 22, 2024, the Federal Communications Commission (FCC or Commission) released a Notice of Proposed Rulemaking (NPRM) aimed at broadening and strengthening its oversight of submarine cables. The NPRM seeks to revise…more

Cable Operators, FCC, Infrastructure, Licensing Rules, National Security

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Supreme Court Declares Universal Service Fund Constitutional, Reversing Fifth Circuit Opinion

On June 27, 2025, the U.S. Supreme Court affirmed, in FCC v. Consumers’ Research (Consumers’ Research), the constitutionality of the funding mechanism for the Federal Communications Commission’s (FCC or Commission) Universal…more

Appeals, Broadband, Constitutional Challenges, FCC, Government Agencies

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Dissenting Commissioners Criticize SEC’s Latest Cybersecurity Disclosure Cases

Continuing its controversial and aggressive approaches to cybersecurity, the U.S. Securities and Exchange Commission (SEC) recently charged four current and former public companies for purportedly “materially misleading…more

Civil Monetary Penalty, Cyber Attacks, Cyber Crimes, Cybersecurity, Disclosure Requirements

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Cyber Risks and Insurance 2025 Forecast

As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this…more

Artificial Intelligence, Biometric Information Privacy Act, Business Interruption, Business Losses, California Privacy Rights Act (CPRA)

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The White House Launches Supply Chain Initiatives on Essential Items

On June 8, 2021, the White House released its 250-page “Building Resilient Supply Chains, Revitalizing American Manufacturing, and Fostering Broad-Based Growth” report (the Report) and an accompanying fact sheet entitled: “Fact…more

Critical Infrastructure Sectors, Essential Goods, Innovative Technology, Manufacturers, Supply Chain

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What Contractors Need to Know About a Government Shutdown

WHAT: The odds of a federal government shutdown occurring increased significantly last week. Congressional gridlock is preventing even a continuing resolution to advance that would allow negotiations on a broader funding bill to…more

Deadlines, Documentation, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Employees

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FCC Seeks to Refresh the Record on National Television Multiple Ownership Rule Proceeding

On June 18, 2025, the Federal Communications Commission (FCC or Commission) released a Public Notice seeking to refresh the record in the National Television Multiple Ownership Rule proceeding, which has been pending since 2017…more

Acquisitions, Antitrust Provisions, Competition, FCC, Mergers

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Insurance Policy Voided Due to Attorney’s Failure to Disclose Disciplinary History

The United States District Court for the Southern District of West Virginia, applying West Virginia law, has held that an insurer was entitled to rescind an insurance policy based on the insured’s misrepresentations regarding…more

Attorney Malpractice, Contract Disputes, Disclosure Requirements, Failure To Disclose, Insurance Contracts

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Fourth Circuit Finds “Re-registration” of a Domain Can be Cybersquatting—A Prudential Clarification to the ACPA

The Fourth Circuit’s decision yesterday in The Prudential Insurance Company of America v. Shenzhen Stone Network Information Ltd., No. 21-1823, F.4th (4th Cir. Jan. 24, 2023), provides important clarification on the…more

ACPA, Bad Faith, Corporate Counsel, Cybersquatting, Domain Names

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Supreme Court Blocks Mexico’s Gun Lawsuit: PLCAA Shields U.S. Firearm Makers from Litigation

On June 5, 2025, the U.S. Supreme Court held unanimously, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, that the gun-manufacturer and gun-distributor defendants sued by Mexico for negligence and related torts were…more

Aiding and Abetting, Constitutional Challenges, Firearms, Gun Laws, Gun Manufacturers

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BIS Rescinds AI Diffusion Rule and Issues Guidance on Advanced Computing Integrated Circuits

On May 12, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced the rescission of the previously issued Framework for Artificial Intelligence (AI) Diffusion Rule. The following day, May 13,…more

Artificial Intelligence, Bureau of Industry and Security (BIS), China, Enforcement Actions, Export Controls

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FCC Rulemaking Targets the Non-IP Caller ID Authentication Gap

In a move designed to close a gap in its robocall mitigation efforts, the Federal Communications Commission (FCC or Commission) adopted a Notice of Proposed Rulemaking (NPRM) at its April 29 Open Meeting that seeks comment on…more

Comment Period, FCC, Filing Deadlines, NPRM, Proposed Rules

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Trump Expands National Security Tariffs on Steel and Aluminum Products

On February 10, 2025, President Trump signed new Executive Orders imposing enhanced import duties on steel and aluminum products under Section 232 of the Trade Expansion Act of 1962. The orders eliminate certain exemptions from…more

Customs and Border Protection, Executive Orders, Imports, International Trade, National Security

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Texas Responsible AI Governance Act Enacted

On June 22, 2025, Texas Governor Greg Abbott signed the Texas Responsible Artificial Intelligence Governance Act (TRAIGA or the Texas AI Act) into law. The new law goes into effect January 1, 2026. The law places obligations and…more

Algorithms, Artificial Intelligence, Biometric Information, Corporate Counsel, Data Privacy

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Wiley Consumer Protection Download (July 1, 2025)

New York Legislature Passes FAIR Business Practices Act. On June 18, the New York state legislature passed the Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Business Practices Act),…more

Advertising, Algorithms, Artificial Intelligence, California, Consumer Protection Laws

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New York Court Deems Subsequent Sexual Harassment Lawsuit “Related” to Prior Suits

A New York intermediate appellate court, applying New York law, has held that an insurer had no coverage obligation for a third lawsuit filed against its insured that was deemed related to two earlier lawsuits that were filed…more

Appeals, Denial of Insurance Coverage, Employer Liability Issues, Employment Litigation, Insurance Claims

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President Trump’s Cyber Mandate: Analysis of Executive Order on Strengthening U.S. Cybersecurity

President Trump issued a cybersecurity Executive Order, “Sustaining Select Efforts to Strengthen the Nation’s Cybersecurity” (Trump EO), along with a corresponding Fact Sheet on June 6, 2025. The Trump EO clears some of the…more

Artificial Intelligence, Biden Administration, China, Cloud Computing, Cybersecurity

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Key Insights from California's Kickoff Workshop on Corporate GHG Reporting and Climate Risk Disclosures

On May 29, the California Air Resources Board (CARB) held a public workshop on CA climate disclosure laws. During the workshop, CARB shared a timeline for regulatory development and an overview of initial staff concepts to…more

Administrative Procedure Act, Business Entities, California, CARB, Climate Change

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Fourth Circuit: “Bump-Up” Exclusion Applies When Settlement Seeks to Cure Harms Associated with Undisclosed Conflict of Interest During Merger Transaction

The United States Court of Appeals for the Fourth Circuit, applying Virginia law, has affirmed a district court’s ruling that a “bump-up” provision in a D&O policy applied to bar indemnity coverage for the settlement of various…more

Acquisitions, Appellate Courts, Attorney's Fees, Conflicts of Interest, D&O Insurance

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FCC Seeks to Refresh the Record on National Television Multiple Ownership Rule Proceeding

On June 18, 2025, the Federal Communications Commission (FCC or Commission) released a Public Notice seeking to refresh the record in the National Television Multiple Ownership Rule proceeding, which has been pending since 2017…more

Acquisitions, Antitrust Provisions, Competition, FCC, Mergers

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GSA Announces Expansion of “Transactional Data Reporting” Program, Reducing Compliance Obligations for GSA Schedule Contractors

WHAT: The U.S. General Services Administration (GSA) recently announced its planned expansion of the Transactional Data Reporting (TDR) program, which will make TDR mandatory for GSA Schedule contractors whose contracts include…more

Contract Terms, Disclosure Requirements, False Claims Act (FCA), Federal Acquisition Regulations (FAR), Federal Contractors

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[Podcast] Defining Our Vision and Values

On this episode, Government Contracts practice chairs Paul Khoury and Scott McCaleb join host Craig Smith to discuss how the practice defines what it does, what it wants to be, and what it believes in. The trio cover why it was…more

Attorney-Client Privilege, Client Services, Corporate Counsel

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NTIA Restructures BEAD Program with Major Broadband Funding Changes

On Friday, June 6, the National Telecommunications and Information Administration (NTIA) released a highly anticipated Policy Notice (Notice) making significant changes to the NTIA’s rules implementing the Broadband Equity and…more

Biden Administration, Broadband, Federal Funding, Funding, Government Agencies

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Cyber Risks and Insurance 2025 Forecast

As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this…more

Artificial Intelligence, Biometric Information Privacy Act, Business Interruption, Business Losses, California Privacy Rights Act (CPRA)

See all updates »

FCC Seeks to Refresh the Record on National Television Multiple Ownership Rule Proceeding

On June 18, 2025, the Federal Communications Commission (FCC or Commission) released a Public Notice seeking to refresh the record in the National Television Multiple Ownership Rule proceeding, which has been pending since 2017…more

Acquisitions, Antitrust Provisions, Competition, FCC, Mergers

See all updates »

Cyber Risks and Insurance 2025 Forecast

As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this…more

Artificial Intelligence, Biometric Information Privacy Act, Business Interruption, Business Losses, California Privacy Rights Act (CPRA)

See all updates »

FinCEN Guts Corporate Transparency Act; Narrows Scope to Cover Only Foreign Companies and Beneficial Owners

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule (IFR) that materially alters the Corporate Transparency Act’s (CTA) reporting requirements. Consistent with FinCEN’s March 2,…more

Beneficial Owner, Corporate Governance, Corporate Transparency Act, Filing Deadlines, FinCEN

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AG Bondi Refocuses DOJ Priorities in New Guidance Documents

On February 5, newly confirmed Attorney General Pam Bondi issued a series of guidance documents refocusing U.S. Department of Justice (DOJ) priorities for the new Administration. In addition to effectuating many of President…more

Affirmative Action, Attorney General, Bribery, Cartels, Compliance

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President Trump Announces Global Reciprocal Tariffs and Addresses Low-Value Shipments from China

On April 2, 2025, President Trump announced reciprocal tariffs on imports into the United States, with a minimum 10% tariff applied to imports from most sources with limited country and product carveouts as discussed below, and…more

Canada, China, Executive Orders, Imports, International Trade

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DOJ’s Approach to White Collar Enforcement: Target Those Who Harm U.S. Interests While Minimizing Collateral Damage

The U.S. Department of Justice (DOJ) recently announced Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (FCPA). The June 9 memorandum from Deputy Attorney General Todd Blanche instructs…more

Anti-Corruption, Bribery, Corporate Misconduct, Corruption, Criminal Prosecution

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[Podcast] From DOJ to Private Practice with Albert "BJ" Stieglitz

Join host Kevin Muhlendorf for an insightful conversation with Albert "BJ" Stieglitz, a former federal prosecutor with unique cross-border expertise. In this episode, BJ shares his experiences from his time at the UK Serious…more

Criminal Prosecution, Cross-Border, Department of Justice (DOJ), Enforcement, Financial Conduct Authority (FCA)

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Continued Remote Hiring Concerns in IT Sector: What to Look for in 2025 and How to Mitigate Business Risk

Remote worker fraud is expected to continue to proliferate in 2025. Fully remote hiring and work, particularly in the technology sector, continues to pose unique business and legal risks for companies. Just in December 2024, a…more

Artificial Intelligence, Cybersecurity, Data Privacy, Data Protection, Data Security

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FDA’s Catch-Up Plan on Cosmetics Faces Likely Regulatory Delays with Change in Administrations

The U.S. Food and Drug Administration (FDA) has been playing catch-up on three long-delayed proposed rules required under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA): •Standardized test methods to detect…more

Asbestos, Consumer Product Companies, Cosmetics, Enforcement, Final Rules

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Coverage Barred for Portion of Settlements for Long Term Care Insurer’s Alleged Misrepresentations to Policyholders that Constitute the Return of Premiums

In a case in which Wiley represented one of the insurers, the Delaware Superior Court, applying Virginia law, has held that an exclusion in professional liability policies issued to an insurance company barring coverage for…more

Class Action, Contract Terms, Disclosure Requirements, Insurance Claims, Insurance Industry

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CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of…more

Appeals, CAFC, China, Constitutional Challenges, Court of International Trade

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Supreme Court Blocks Mexico’s Gun Lawsuit: PLCAA Shields U.S. Firearm Makers from Litigation

On June 5, 2025, the U.S. Supreme Court held unanimously, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, that the gun-manufacturer and gun-distributor defendants sued by Mexico for negligence and related torts were…more

Aiding and Abetting, Constitutional Challenges, Firearms, Gun Laws, Gun Manufacturers

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Copyright Office Issues Key Guidance on Fair Use in Generative AI Training

On May 9, 2025, the U.S. Copyright Office (the Office) released the third and final report in its “Copyright and Artificial Intelligence” series, offering its most comprehensive guidance to date on one of the most contested…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Copyright Office

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Supreme Court Blocks Mexico’s Gun Lawsuit: PLCAA Shields U.S. Firearm Makers from Litigation

On June 5, 2025, the U.S. Supreme Court held unanimously, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, that the gun-manufacturer and gun-distributor defendants sued by Mexico for negligence and related torts were…more

Aiding and Abetting, Constitutional Challenges, Firearms, Gun Laws, Gun Manufacturers

See all updates »

DOJ Civil Rights Fraud Initiative Targets "Illegal DEI" Programs via the False Claims Act

The U.S. Department of Justice (DOJ) announced the creation of the Civil Rights Fraud Initiative in a Memorandum issued on May 19, 2025. According to the Memorandum, the Initiative is an enforcement effort that will use the…more

Affirmative Action, Colleges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions

See all updates »

Federal Judge Blocks NIH Grant Cuts, Rejecting DOJ’s Claims of Unlawful Discrimination

WHAT: A Massachusetts federal judge blocked the National Institutes of Health (NIH) from cutting hundreds of programs that provide grants to universities, hospitals, and other organizations. The judge found that NIH offered only…more

Administrative Procedure Act, Appeals, Constitutional Challenges, Department of Justice (DOJ), Discrimination

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CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of…more

Appeals, CAFC, China, Constitutional Challenges, Court of International Trade

See all updates »

Federal Judge Blocks NIH Grant Cuts, Rejecting DOJ’s Claims of Unlawful Discrimination

WHAT: A Massachusetts federal judge blocked the National Institutes of Health (NIH) from cutting hundreds of programs that provide grants to universities, hospitals, and other organizations. The judge found that NIH offered only…more

Administrative Procedure Act, Appeals, Constitutional Challenges, Department of Justice (DOJ), Discrimination

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[Webinar] Bracing for Impact: Health Care in the Crosshairs Under the New Administration’s Enforcement Agenda - June 17th, 12:00 pm - 1:00 pm EDT

With the health care industry increasingly in the government’s crosshairs, this webinar unpacks evolving enforcement priorities under the new Administration – from False Claims Act crackdowns to expanded oversight – and explores…more

Continuing Legal Education, Enforcement Actions, Enforcement Priorities, False Claims Act (FCA), Health Care Providers

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Trump Issues Executive Order Aimed at Reforming U.S. Foreign Defense Sales System

WHAT: The Trump Administration released an Executive Order (EO) seeking to reform the U.S. systems for selling and transferring defense articles to ally and partner nations. The EO lists five policy objectives: (1) improving the…more

Defense Sector, Department of Defense (DOD), Executive Orders, Export Controls, Foreign Policy

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Cyber Risks and Insurance 2025 Forecast

As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this…more

Artificial Intelligence, Biometric Information Privacy Act, Business Interruption, Business Losses, California Privacy Rights Act (CPRA)

See all updates »

[Webinar] Effective PBM Contracting in a Changing World: From Procurement to Contract Execution - May 13th, 1:00 pm - 2:30 pm EDT

The process of procuring a new PBM and perhaps adopting a new pharmacy program design can be excruciatingly long, full of anticipated and unanticipated pitfalls and – if not thoughtfully and meticulously planned – can result in…more

Contract Drafting, Contract Negotiations, Drug Pricing, Pharmaceutical Industry, Pharmacy Benefit Manager (PBM)

See all updates »

Wiley Consumer Protection Download (July 1, 2025)

New York Legislature Passes FAIR Business Practices Act. On June 18, the New York state legislature passed the Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Business Practices Act),…more

Advertising, Algorithms, Artificial Intelligence, California, Consumer Protection Laws

See all updates »

President Trump Issues New EO to Improve “Cost Efficiency” of Government Contracts and Grants

On February 26, 2025, the Trump Administration issued a new Executive Order (EO) that will significantly impact existing and new government contracts and grants. The stated purpose of the EO, titled “Implementing the President’s…more

Compliance, Contract Modification, Department of Government Efficiency (DOGE), Executive Orders, Federal Contractors

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CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of…more

Appeals, CAFC, China, Constitutional Challenges, Court of International Trade

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FCC Launches New Licensing and Coordination Proposals for Space Launch Service

On December 6, 2024, the FCC’s Wireless Telecommunications Bureau (WTB) released a Public Notice (PN) seeking comment on licensing and frequency coordination procedures for the part 26 Space Launch Service (SLS) rules adopted by…more

Aerospace, Broadband, FCC, Licenses, NTIA

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FCC Opens Foreign Ownership Proceedings for Comment, Advancing National Security Focus

The public comment period is now open for two Federal Communications Commission (FCC or Commission) proceedings proposing new rules related to foreign ownership of FCC authorization holders. Both proceedings are part of the…more

Bureau of Industry and Security (BIS), China, Comment Period, Covered Entities, Drones

See all updates »

President Trump’s Cyber Mandate: Analysis of Executive Order on Strengthening U.S. Cybersecurity

President Trump issued a cybersecurity Executive Order, “Sustaining Select Efforts to Strengthen the Nation’s Cybersecurity” (Trump EO), along with a corresponding Fact Sheet on June 6, 2025. The Trump EO clears some of the…more

Artificial Intelligence, Biden Administration, China, Cloud Computing, Cybersecurity

See all updates »

Idaho Expands Lobbying Law to Include Grassroots Activity

Idaho has enacted House Bill 398, a significant update to its lobbying statute that expands the scope of regulated activity. For the first time, the law explicitly brings grassroots efforts – such as public mobilization…more

Disclosure Requirements, Election Laws, Ethics, Lobbying, New Legislation

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No Second Bite at the Apple: New Emails Can’t Undo a False Application Response

The United States District Court for the Central District of California, applying California law, has held that an insurer could rescind liability insurance policies based on misrepresentations in the application, even though…more

California, Commercial Litigation, Contract Disputes, False Claims Act (FCA), Fraud

See all updates »

Wiley Consumer Protection Download (July 1, 2025)

New York Legislature Passes FAIR Business Practices Act. On June 18, the New York state legislature passed the Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Business Practices Act),…more

Advertising, Algorithms, Artificial Intelligence, California, Consumer Protection Laws

See all updates »

USTR Announces Final Action in Section 301 Investigation into China’s Shipbuilding/Logistics Practices

On April 17, 2025, the Office of the U.S. Trade Representative (USTR) issued its final notice of action in its investigation into China’s unfair practices affecting the shipbuilding and maritime logistics sectors. According to…more

China, Economic Sanctions, Executive Orders, International Trade, Maritime Transport

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Administration Releases Details on Planned Increases to Section 301 Duties on Imports of Steel, Aluminum, Electric Vehicles, Semiconductors, Solar Cells, and Other Products from China

On May 22, 2024, the Office of the U.S. Trade Representative (USTR) released the text of a Federal Register notice detailing the tariff codes to be impacted by the Biden Administration’s proposed increase in tariffs on $18…more

Anti-Dumping Duty, China, Countervailing Duties, Customs, Federal Register

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Supreme Court Declares Universal Service Fund Constitutional, Reversing Fifth Circuit Opinion

On June 27, 2025, the U.S. Supreme Court affirmed, in FCC v. Consumers’ Research (Consumers’ Research), the constitutionality of the funding mechanism for the Federal Communications Commission’s (FCC or Commission) Universal…more

Appeals, Broadband, Constitutional Challenges, FCC, Government Agencies

See all updates »

PPP Loan Program Re-Opens

As we recently detailed, on January 6, 2021, the Small Business Administration (SBA) issued two Interim Final Rules (first rule and second rule) setting forth the regulations for the newly authorized round of PPP funding, which…more

Borrowers, Loan Applications, Loans, Paycheck Protection Program (PPP), Relief Measures

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FCC Sunsets Form 477 Filing Obligations

On December 8, 2022, the Federal Communications Commission (FCC) released an Order sunsetting the obligation of facilities-based providers to report Form 477 broadband deployment data. The FCC’s action is consistent with its…more

Broadband, Data Collection, FCC, Notification Requirements, Telecommunications

See all updates »

SCOTUS Overrules Chevron and Opens Door to More Challenges Under APA: Environmental Law Implications of Loper Bright and Corner Post

The U.S. Supreme Court issued two opinions at the end of its term impacting environmental law. In Loper Bright Enterprises v. Raimondo, the Court held that courts must exercise independent judgment when determining if an agency…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Clean Air Act, Corner Post Inc v Board of Governors of the Federal Reserve System

See all updates »

[Webinar] Effective PBM Contracting in a Changing World: From Procurement to Contract Execution - May 13th, 1:00 pm - 2:30 pm EDT

The process of procuring a new PBM and perhaps adopting a new pharmacy program design can be excruciatingly long, full of anticipated and unanticipated pitfalls and – if not thoughtfully and meticulously planned – can result in…more

Contract Drafting, Contract Negotiations, Drug Pricing, Pharmaceutical Industry, Pharmacy Benefit Manager (PBM)

See all updates »

AI Around the Globe: What to Know in 2024

In this Wiley Connected podcast, hear from Wiley Partners Amb. David Gross, Duane Pozza, Joan Stewart, and Consulting Counsel Jacquelynn Ruff about the latest in international developments surrounding Artificial Intelligence…more

Artificial Intelligence, Biden Administration, EU, Executive Orders, Innovative Technology

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Supreme Court Declares Universal Service Fund Constitutional, Reversing Fifth Circuit Opinion

On June 27, 2025, the U.S. Supreme Court affirmed, in FCC v. Consumers’ Research (Consumers’ Research), the constitutionality of the funding mechanism for the Federal Communications Commission’s (FCC or Commission) Universal…more

Appeals, Broadband, Constitutional Challenges, FCC, Government Agencies

See all updates »

Colorado Court of Appeals Permits COVID-19 Coverage Suit to Proceed Based on Health Care Endorsement Coverage

The Colorado Court of Appeals (Division VI), applying Colorado law, partially affirmed a trial court decision dismissing an action seeking insurance coverage for COVID‑19 related losses. Spectrum Retirement Communities, LLC v…more

Appeals, Business Losses, Colorado, Commercial Litigation, Contamination

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GSA Announces “OneGov Strategy” to Further Administration’s Focus on Commercial Acquisitions and Consolidation of Purchasing

WHAT: On April 29, 2025, the U.S. General Services Administration (GSA) announced its OneGov Strategy for IT purchases. According to the announcement, “[t]he strategy calls for deeper, direct engagement with [Original Equipment…more

Acquisitions, Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors, General Services Administration (GSA)

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[Podcast] Signed, Sealed, Prosecuted: The UK Post Office Scandal

Join hosts Tatiana Sainati and Diana Shaw as they unravel one of the most shocking corruption scandals in modern British history – the UK Post Office Horizon debacle. From a centuries-old institution to a catastrophic IT failure…more

Corporate Misconduct, Corruption, Criminal Prosecution, Financial Institutions, Fraud

See all updates »

Top Ten Considerations for a Joint Venture in a Government Procurement

For government contractors with diverse strengths and shared business objectives, joint ventures—known formally as “contractor team arrangements” (CTA) in the Federal procurement context—can provide significant opportunities for…more

Dispute Resolution, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Procurement Systems, Intellectual Property Protection

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[Podcast] Everything’s Bigger in Texas – Even Crypto

In this episode of CryptoCounsel, Frank and Lauren are joined by Lee Bratcher of the Texas Blockchain Council to unpack why Texas is fast becoming the epicenter of digital asset innovation. From strategic Bitcoin reserves to…more

Bitcoin, Bitcoin Mining, Blockchain, Cryptocurrency, Digital Assets

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Coverage for Post-Tender Remediation Costs Precluded as Voluntary Payments Where Insured Admitted and Assumed Liability Before Reporting Claim

A federal district court, applying New York law, has held that a “voluntary payments provision” precluded coverage for an insured’s post-tender costs to remediate its engineering errors because the insured admitted and assumed…more

Construction Disputes, Construction Litigation, Contract Disputes, Contractors, Denial of Insurance Coverage

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BIS Rescinds AI Diffusion Rule and Issues Guidance on Advanced Computing Integrated Circuits

On May 12, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced the rescission of the previously issued Framework for Artificial Intelligence (AI) Diffusion Rule. The following day, May 13,…more

Artificial Intelligence, Bureau of Industry and Security (BIS), China, Enforcement Actions, Export Controls

See all updates »

Texas Responsible AI Governance Act Enacted

On June 22, 2025, Texas Governor Greg Abbott signed the Texas Responsible Artificial Intelligence Governance Act (TRAIGA or the Texas AI Act) into law. The new law goes into effect January 1, 2026. The law places obligations and…more

Algorithms, Artificial Intelligence, Biometric Information, Corporate Counsel, Data Privacy

See all updates »

BIS Rescinds AI Diffusion Rule and Issues Guidance on Advanced Computing Integrated Circuits

On May 12, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced the rescission of the previously issued Framework for Artificial Intelligence (AI) Diffusion Rule. The following day, May 13,…more

Artificial Intelligence, Bureau of Industry and Security (BIS), China, Enforcement Actions, Export Controls

See all updates »

[Podcast] Signed, Sealed, Prosecuted: The UK Post Office Scandal

Join hosts Tatiana Sainati and Diana Shaw as they unravel one of the most shocking corruption scandals in modern British history – the UK Post Office Horizon debacle. From a centuries-old institution to a catastrophic IT failure…more

Corporate Misconduct, Corruption, Criminal Prosecution, Financial Institutions, Fraud

See all updates »

Supreme Court Holds That Federal Agencies May Seek Punitive Money Penalties Only Before A Jury

Last week the U.S. Supreme Court held in SEC v. Jarkesy that a defendant in a securities fraud suit has the right to be tried by a jury in an Article III court, rather than before an agency’s own tribunal. The Court’s analysis…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Article III, Civil Monetary Penalty

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DOJ Civil Rights Fraud Initiative Targets "Illegal DEI" Programs via the False Claims Act

The U.S. Department of Justice (DOJ) announced the creation of the Civil Rights Fraud Initiative in a Memorandum issued on May 19, 2025. According to the Memorandum, the Initiative is an enforcement effort that will use the…more

Affirmative Action, Colleges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions

See all updates »

Cyber Risks and Insurance 2025 Forecast

As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this…more

Artificial Intelligence, Biometric Information Privacy Act, Business Interruption, Business Losses, California Privacy Rights Act (CPRA)

See all updates »

SCOTUS Overrules Chevron and Opens Door to More Challenges Under APA: Environmental Law Implications of Loper Bright and Corner Post

The U.S. Supreme Court issued two opinions at the end of its term impacting environmental law. In Loper Bright Enterprises v. Raimondo, the Court held that courts must exercise independent judgment when determining if an agency…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Clean Air Act, Corner Post Inc v Board of Governors of the Federal Reserve System

See all updates »

[Podcast] Federal Construction Contracts: Lessons from the Framaco Case

In this episode of Wiley's Government Contracts podcast, Cara Sizemore breaks down recurring issues in construction contracting, such as delays, change requests, and conflicting specifications, through the lens of recent…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Federal Acquisition Regulations (FAR)

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[Podcast] Managing Software Licenses in Government Contracts: Lessons from Recent Cases

In this episode of Wiley's Government Contracts podcast, Wiley Partner Scott Felder discusses the complexities of software licensing in government contracts. The group covers key issues like license compliance, terminations, and…more

Contract Terms, Department of Defense (DOD), Dispute Resolution, Federal Acquisition Regulations (FAR), Federal Contractors

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[Webinar] Class Action Trends: Website Tracking Pixels and Video Privacy Protection Act (VPPA) Claims - October 27th, 1:30 pm - 2:00 pm EDT

Nearly 100 class actions have been filed against companies whose websites offer video services to consumers and that use tracking pixels to track consumers’ video viewing activity. The use of tracking pixels is an extremely…more

Class Action, Data Privacy, Litigation Strategies, Online Videos, Video Privacy Protection Act

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FTC Reviews Its Approach to Kids’ Online Activity – What Comes Next?

The Federal Trade Commission (FTC) recently hosted a workshop on kids’ online activity, titled “The Attention Economy: How Big Tech Firms Exploit Children and Hurt Families.” Speakers included two U.S. Senators, all three FTC…more

COPPA, Cyberbullying, Enforcement Actions, Exploitation, Federal Trade Commission (FTC)

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Supreme Court Decision Could Galvanize Prosecutions of Government Contractors

The U.S. Supreme Court’s May 22 decision in Kousisis v. United States could have wide-ranging implications for criminal and civil fraud cases against government contractors going forward. The Court ruled that a government…more

Criminal Prosecution, Department of Justice (DOJ), Economic Loss Doctrine, Enforcement Actions, False Claims Act (FCA)

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FemTech: Biases and Data Privacy

In this Wiley Connected episode, Associate Krystal Swendsboe sits down with health care Special Counsel Bethany Corbin to discuss FemTech and the biases and data privacy issues in the industry…more

Data Privacy, Health Care Providers, Health Technology, Physicians, Technology Sector

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Intellectual Property Portfolio Development for BioTech Startups in the Plant Space [Webinar]

Mary Sylvia has nearly 30 years experience in microbiology and patent law. Trained initially as a molecular virologist, she focuses primarily on biotech plant and pharmaceutical patent law and the development of intellectual…more

Biotechnology, Copyright, Design Patent, Intellectual Property Protection, IP License

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The Door Closes on Section 1782 Discovery: U.S. Supreme Court Interprets Controversial Law with Decisive Consequences for International Arbitration

The role of U.S. courts in international arbitration has fundamentally shifted. The Supreme Court issued a unanimous decision in ZF Automotive US v. Luxshare holding that 28 U.S.C. § 1782 does not apply to international…more

Discovery, Foreign Tribunals, Intergovernmental Agreements, International Arbitration, SCOTUS

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USTR Announces Final Action in Section 301 Investigation into China’s Shipbuilding/Logistics Practices

On April 17, 2025, the Office of the U.S. Trade Representative (USTR) issued its final notice of action in its investigation into China’s unfair practices affecting the shipbuilding and maritime logistics sectors. According to…more

China, Economic Sanctions, Executive Orders, International Trade, Maritime Transport

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DOJ Affirms Aggressive False Claims Act Enforcement, Highlights Use Against Illegal Trade Practices

The head of the U.S. Department of Justice (DOJ) branch that oversees False Claims Act (FCA) investigations affirmed the Trump Administration’s commitment to pursue civil fraud cases as part of its focus on achieving…more

Customs, Department of Defense (DOD), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

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CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of…more

Appeals, CAFC, China, Constitutional Challenges, Court of International Trade

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Ninth Circuit Privacy Ruling Could Be Used to Expand Potential Forums for E-Commerce Lawsuits

On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand…more

Appeals, Business Litigation, California, Cookies, Corporate Counsel

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Changes at the FEC in 2020

The U.S. Senate voted to confirm three new nominees to serve as Commissioners of the Federal Election Commission (FEC or Commission). The nominees are Shana Broussard, Sean Cooksey, and Allen Dickerson. They are expected to be…more

Federal Election Commission (FEC), Nominations, Trump Administration

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Federal PAC Post-General Election Reports Due December 5

All federally registered PACs are required to file post-general election reports with the Federal Election Commission (FEC) by midnight EST on Thursday, December 5, regardless of their activity. This includes both monthly and…more

Federal Election Commission (FEC), General Elections, PACs, Political Campaigns, Political Candidates

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FCC Bans “Bad Labs” Connected to Foreign Adversaries, Seeks Comment on Additional Restrictions for Equipment Authorization Program

Continuing its efforts under Chairman Brendan Carr’s leadership to safeguard United States communications infrastructure from foreign threats, the Federal Communications Commission (FCC or Commission) adopted an Order and…more

Bureau of Industry and Security (BIS), China, Department of Defense (DOD), Enforcement Actions, FCC

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Trump Signs Law Expanding Tech Platform Requirements and FTC Enforcement on Intimate AI Deepfakes and Images

On May 19, President Trump signed into law the Take It Down Act to prevent and deter online publication of nonconsensual intimate images, including artificial intelligence (AI) deepfakes and “revenge” pornographic content. In…more

Artificial Intelligence, Consumer Protection Laws, Deep Fake, Enforcement Actions, FTC Act

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Supreme Court Declares Universal Service Fund Constitutional, Reversing Fifth Circuit Opinion

On June 27, 2025, the U.S. Supreme Court affirmed, in FCC v. Consumers’ Research (Consumers’ Research), the constitutionality of the funding mechanism for the Federal Communications Commission’s (FCC or Commission) Universal…more

Appeals, Broadband, Constitutional Challenges, FCC, Government Agencies

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Applying a “Meaningful Linkage” Standard, Delaware Superior Court Concludes Two Lawsuits Do Not “Arise Out Of” Interrelated Wrongful Acts

The Delaware Superior Court has held that an underlying shareholder lawsuit and prior litigation alleging certain common facts did not arise out of Interrelated Wrongful Acts, and did not trigger either the Prior Notice or…more

Breach of Duty, Claims Made Policy, Corporate Governance, D&O Insurance, Delaware

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Trump EO on Preparedness and Resilience Could Signal Major Shifts in Federal Role

On March 19, 2025, the White House released Executive Order (EO) 14239, Achieving Efficiency Through State and Local Preparedness, which calls for a comprehensive review of and changes to many long-standing federal preparedness…more

Critical Infrastructure Sectors, Cybersecurity, Executive Orders, Infrastructure, National Security

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Revolving Door Rules: What You Need to Know Before Hiring from (or Heading to) Government

Hiring from or heading to the federal government? Don’t get tripped up by post-employment or conflict of interest rules. Wiley's Robert L. Walker breaks down the “revolving door” restrictions every organization should know –…more

Compliance, Ethics, Federal Employees, Government Agencies, Lobbying

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Federal Judge Blocks NIH Grant Cuts, Rejecting DOJ’s Claims of Unlawful Discrimination

WHAT: A Massachusetts federal judge blocked the National Institutes of Health (NIH) from cutting hundreds of programs that provide grants to universities, hospitals, and other organizations. The judge found that NIH offered only…more

Administrative Procedure Act, Appeals, Constitutional Challenges, Department of Justice (DOJ), Discrimination

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FedRAMP Announces New Approach to Assessing Security of Cloud Services Providers, Leveraging Commercial Practices and Tools

WHAT: FedRAMP has announced that it will be working on a new framework for authorization and assessment of cloud services for federal consumption, calling the initiative “FedRAMP 20X” (announcement here). In response to concerns…more

Cloud Computing, Data Security, FedRAMP, Government Agencies, Information Technology

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DoD Releases Long-Awaited Intellectual Property Guidebook for Acquisition

WHAT: The U.S. Department of Defense (DoD) recently released its long-anticipated Intellectual Property Guidebook for DoD Acquisition – the culmination of years of internal effort to standardize the Department’s approach to…more

Contractors, Defense Contracts, Defense Sector, Department of Defense (DOD), Federal Acquisition Regulations (FAR)

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[Webinar] Chemical Regulation: 2025 Outlook - February 5th, 12:00 pm - 1:00 pm EST

As the second Trump Administration begins, significant shifts in the federal government’s approach to chemical regulation appear imminent. The main forces of change include the ongoing legal challenges to the Toxic Substances…more

Chemical Data Reporting, Environmental Policies, Environmental Protection Agency (EPA), Manufacturers, Memorandum of Understanding

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What Trump’s Broad Deregulatory EO Means for Telecom, Media, and Technology

On February 19, 2025, the Trump Administration issued an Executive Order (EO) titled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative.” As Wiley has…more

Executive Orders, FCC, Federal Trade Commission (FTC), Government Agencies, Regulatory Agenda

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DOE Announces $3 Billion in Funding for U.S. Battery Supply Chain

On May 2, 2022, the Department of Energy (DOE) announced $3.16 billion in funding under the Infrastructure Investment and Jobs Act to make more batteries and battery components in the United States and to bolster domestic…more

Charging Stations, Department of Energy (DOE), Electric Vehicles, Executive Orders, Federal Funding

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Supreme Court Determines Some Copyright Owners Can Recover Damages Beyond the Statute of Limitations

On May 9, 2024, the U.S. Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Sherman Nealy et al. (No. 22-1078), holding that copyright owners can recover damages going back more than three years based on…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Due Diligence

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CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of…more

Appeals, CAFC, China, Constitutional Challenges, Court of International Trade

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Copyright Office Issues Key Guidance on Fair Use in Generative AI Training

On May 9, 2025, the U.S. Copyright Office (the Office) released the third and final report in its “Copyright and Artificial Intelligence” series, offering its most comprehensive guidance to date on one of the most contested…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Copyright Office

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How the FCC’s Public Notice on Connected Vehicle Technologies Could Reshape the Agency’s Covered List

The Federal Communications Commission (FCC) has proposed adding certain connected vehicle technologies to its list of equipment and services covered By Section 2 of the Secure Networks Act – an unprecedented step that, if…more

Automotive Industry, Bureau of Industry and Security (BIS), China, Connected Cars, Executive Orders

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Idaho Expands Lobbying Law to Include Grassroots Activity

Idaho has enacted House Bill 398, a significant update to its lobbying statute that expands the scope of regulated activity. For the first time, the law explicitly brings grassroots efforts – such as public mobilization…more

Disclosure Requirements, Election Laws, Ethics, Lobbying, New Legislation

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Commerce Confirms that Vietnam Remains a Non-Market Economy

On August 2, 2024, the U.S. Department of Commerce (the Department) determined that the Socialist Republic of Vietnam (Vietnam) continues to function as a non-market economy (NME) and will continue to be treated as such for the…more

Anti-Dumping Duty, Domestic Industry Requirement, Importers, State-Owned Enterprises, Trade Remedies

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Contributing to Inaugurals, Transitions, or Candidate Debt Retirement This Year? Here’s How to Reduce Your Legal Risk.

While this November’s election is over, many organizations remain politically active in between the general election and the time that newly elected and re-elected officials take office. In fact, many individuals and…more

Campaign Funds, CFTC, Donations, Federal Election Commission (FEC), Federal Elections

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ATF Removes Restrictions on Imports of Simunition Training Rounds

The Bureau of Alcohol, Tobacco, and Explosives (ATF) has removed restrictions on the importation of non-lethal marking rounds (also known as “training rounds” or “simunition rounds”). The move is expected to remove…more

Arms Export Control Act, ATF, Export Controls, Final Rules, Firearms

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Federal PAC Post-General Election Reports Due December 5

All federally registered PACs are required to file post-general election reports with the Federal Election Commission (FEC) by midnight EST on Thursday, December 5, regardless of their activity. This includes both monthly and…more

Federal Election Commission (FEC), General Elections, PACs, Political Campaigns, Political Candidates

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