Cicero Intelligent Minds

DROPLETS

AmLaw 100 Legal Intelligence — Distilled
Tuesday, September 8, 202614 featured7 also noted9 firms10 practice areasgrade 3–5
Quick Scan — Why It Matters
Blank RomeFinancial Regulation+ Expand
NJ Asks SCOTUS to Resolve Circuit Split on Sports Betting as Swaps

New Jersey has petitioned the Supreme Court to resolve a circuit split over whether the Dodd-Frank Act preempts state gaming laws, potentially federalizing sports-betting regulation under the CFTC.

New Jersey has asked the U.S. Supreme Court to review a Third Circuit decision that prevents the state from enforcing its gambling laws against prediction market operators like Kalshi. The petition seeks to resolve a direct circuit split with the Ninth Circuit on whether the 2010 Dodd-Frank Act preempts state gaming authority.

The core issue is whether Congress intended to define event-based contracts, including sports wagers, as "swaps," placing them under the exclusive jurisdiction of the Commodity Futures Trading Commission (CFTC). The Third Circuit found that Dodd-Frank did preempt state law, a conclusion the Ninth Circuit recently rejected, arguing Congress did not "hide an elephant in a mousehole" to silently federalize the entire sports betting industry. The case pits traditional state police powers to regulate gambling against the CFTC's authority over financial derivatives.

Read the full dispatch →
LittlerEmployment / Labor+ Expand
EU Releases Forced Labour Regulation Guidelines

The European Commission has published non-binding guidelines for its sweeping regulation prohibiting products made with forced labour from the EU market, affecting all companies in all sectors.

The European Commission has released its first set of guidelines for the EU Forced Labour Regulation, which takes effect December 14, 2027. The regulation introduces a sweeping ban on placing, selling, or exporting any products made with forced labour on or from the Union market. Its scope is exceptionally broad, applying to all companies of any size, sector, or location, and covers forced labour risks within a company’s own operations and throughout its entire supply chain. Penalties for non-compliance include orders to prohibit market access and withdraw or remove affected products. While the new guidelines are not legally binding, they provide the first practical details on expected due diligence measures and are expected to heavily influence the enforcement practices of member state authorities. Companies with any exposure to the EU market should begin reviewing the guidelines now to assess and adapt their supply chain compliance programs ahead of the 2027 deadline.

Read the full dispatch →
Hogan LovellsWhite Collar / Investigations+ Expand
Eleventh Circuit Upholds Constitutionality of FCA Qui Tam Actions

The U.S. Court of Appeals for the Eleventh Circuit has reversed a district court, holding that the False Claims Act's qui tam provisions do not violate the Constitution's Appointments Clause.

Reversing a much-discussed district court decision, the U.S. Court of Appeals for the Eleventh Circuit in U.S. ex rel. Zafirov v. Florida Medical Associates held that the False Claims Act's (FCA) qui tam provisions are constitutional under the Appointments Clause. The court reasoned that private relators who bring suits on behalf of the government are not "officers of the United States" requiring presidential appointment because they do not occupy a continuing position; their role lasts only for a single case.

Read the full dispatch →
Jackson LewisTechnology / AI+ Expand
How to Negotiate AI Clauses in Commercial Contracts

A practical guide identifies key contract terms for lawyers to scrutinize when negotiating agreements involving artificial intelligence, from liability caps to data usage rights.

This guide for counsel outlines critical issues when negotiating AI-related provisions in vendor and customer agreements. As AI tools become ubiquitous, counterparties are inserting specific clauses to manage novel risks related to data privacy, intellectual property, system bias, and security. Standard terms on liability, indemnification, and compliance may not be sufficient, creating potential exposure for unprepared clients. The authors stress the importance of first understanding an organization's internal AI governance and capabilities before committing to contractual terms. Key negotiation points include restrictions on processing confidential or personal data, requirements for data not to be used in model training, and prohibitions on AI-driven decision-making. Counsel should also scrutinize attempts to create AI-specific carveouts from liability caps, broad 'compliance with all laws' warranties, and expansive audit rights. The guide advises carefully defining any obligations for human-in-the-loop review and verifying that both insurance coverage and subcontractor practices al

Read the full dispatch →
Hogan LovellsTax+ Expand
HMRC Details Information-Sharing for New Pensions IHT Regime

UK pension scheme administrators and personal representatives have new guidance on the information-sharing duties required when inheritance tax applies to pension death benefits from April 2027.

HM Revenue & Customs has published "Technical Note 2," providing further guidance on the information-sharing process between pension scheme administrators (PSAs) and personal representatives (PRs) for the new inheritance tax (IHT) regime applying to many pension death benefits from April 2027. The new rules create significant administrative duties for schemes and those managing estates.

The guidance clarifies the five stages at which PSAs and PRs may need to exchange information, from initial death notification to the direct payment of IHT from pension funds. It also details the verification process for PRs and confirms that time limits for PSAs to respond do not begin until they receive reasonably requested evidence of a PR's status. The note includes draft templates for "withholding notices" and "direct payment notices," which schemes can adapt. This development is critical for counsel advising pension schemes on new compliance workflows and for private client lawyers assisting with estate administration, as failure to follow the new procedures could lead to complications and pote

Read the full dispatch →
Morrison & FoersterFinancial Regulation+ Expand
US Regulators Permit Discussing SAR Facts with Customers

Five US federal regulators have jointly clarified that the Bank Secrecy Act does not bar banks from discussing the underlying facts, transactions, and documents related to a suspicious activity report with the customer involved.

Five major US financial regulators, including FinCEN and the Federal Reserve, issued a joint statement clarifying that banks may discuss the factual basis for a Suspicious Activity Report (SAR) with customers. The guidance, released September 2, 2026, confirms that Bank Secrecy Act (BSA) confidentiality rules prohibit disclosing a SAR's existence but do not prevent sharing the "underlying facts, transactions, and documents." This allows banks to give customers more transparent explanations for account restrictions or closures without illegally "tipping off" the subject.

Read the full dispatch →
Orrick, Herrington & SutcliffeBanking / Finance+ Expand
New York moves to opt out of DIDMCA preemption as House weighs opposite bill

A New York Senate bill would invoke DIDMCA Section 525 to block federal interest-rate preemption for in-state consumer credit transactions, while H.R. 7866 would narrow state opt-outs to only in-state chartered lenders.

New York Senate Bill S10688, introduced August 26, 2026, would exercise the state's DIDMCA Section 525 opt-out for covered consumer credit transactions, excluding first-lien mortgages and federally chartered institutions. It defines a transaction as made in New York when the consumer is solicited, applies, receives funds, or is collected from in the state, and carries civil penalties up to $2,500 per violation or $10,000 for knowing violations, enforceable by the superintendent and the attorney general. The bill would take effect 180 days after enactment. Simultaneously, the House Financial Services Committee on September 2 held a hearing on H.R. 7866, the American Lending Fairness Act of 2026, which would repeal Section 525 and limit state opt-outs to institutions chartered by that state, preserving parity with out-of-state chartered banks. Sophisticated counsel should track whether New York's broad solicitation-based nexus definition survives enactment, how courts treat overlapping state and federal preemption claims, and the trajectory of H.R. 7866, since the two measures pull fed

Read the full dispatch →
Orrick, Herrington & SutcliffeConsumer Protection+ Expand
Chopra-Led California Agency to Probe AI for Consumer Harm

The newly formed California Business and Consumer Services Agency, led by Rohit Chopra, has announced it will scrutinize how companies deploy AI and chatbots to ensure compliance with consumer protection laws.

California's new Business and Consumer Services Agency (BCSA) will investigate how businesses deploy AI and chatbot technologies. Agency Secretary Rohit Chopra, the former director of the federal Consumer Financial Protection Bureau, announced the initiative, stating the agency will look for uses that perpetrate scams, improperly exploit consumer data, or undermine existing consumer protections. The BCSA, which launched in July, houses the Department of Financial Protection and Innovation and other state boards.

This signals a new front of regulatory risk for companies deploying generative AI and other automated tools in customer-facing roles, particularly in a key market like California. The probe will be cross-sectoral, explicitly affecting financial services, healthcare, and real estate, among others. A specific focus will be whether AI tools are being used to engage in the unlicensed practice of certain professions. Chopra's history of aggressive enforcement at the CFPB suggests the BCSA will be an active regulator.

Read the full dispatch →
Orrick, Herrington & SutcliffeFinancial Regulation+ Expand
Agencies Confirm Banks Can Discuss Fraud With Customers

Five U.S. financial regulators confirmed banks can discuss suspected fraud and account closures with customers without violating SAR confidentiality rules, provided the existence of the report itself is not revealed.

Five U.S. federal financial regulators, including FinCEN and the Federal Reserve, have issued a joint statement clarifying the scope of confidentiality for suspicious activity reports (SARs) under the Bank Secrecy Act. The guidance confirms that financial institutions are not prohibited from communicating with customers about potentially fraudulent transactions, account restrictions, or closures, so long as the communication does not reveal the existence of a SAR.

Read the full dispatch →
Arnold & PorterFDA / Life Sciences Regulatory+ Expand
CJEU Ruling Clarifies Scope of 'Medical Device' Definition

The Court of Justice of the European Union has issued a new ruling on the definition of a medical device, a decision with significant compliance implications for manufacturers of software and other borderline products.

The Court of Justice of the European Union (CJEU) has issued a ruling clarifying the scope of the term “medical device” under the EU’s Medical Device Regulation (MDR). The definition is a critical gateway that determines whether a product is subject to the MDR's stringent requirements for clinical evidence, quality management systems, and post-market surveillance.

This decision is particularly important for manufacturers of “borderline” products, where regulatory status can be ambiguous. This includes many software products, such as wellness applications and clinical decision support tools, as well as certain cosmetic or aesthetic devices. A broad interpretation by the court could pull a wider range of products into this demanding regulatory regime, affecting development costs, timelines, and market access. Conversely, a narrow interpretation could provide greater certainty for developers innovating outside traditional healthcare hardware.

Read the full dispatch →
LittlerEmployment / Labor+ Expand
US Labor Agencies Advance Deregulatory Agenda

Federal agencies are pursuing significant changes to worker classification, joint employment, and union relations, alongside new workplace safety and bargaining legislation.

Several U.S. federal agencies are advancing a deregulatory agenda with broad implications for employers. The Department of Labor has proposed new rules defining independent contractor and joint-employer status that largely revert to more business-friendly standards, potentially narrowing liability for companies using contractors or franchise models. Final rules are reportedly expected by year-end. Concurrently, the National Labor Relations Board, with a newly confirmed majority, is positioned to reconsider and potentially overturn several significant pro-labor decisions from recent years concerning remedies, severance agreements, and bargaining orders. In Congress, the bipartisan Faster Labor Contracts Act, which would mandate binding arbitration for first union contracts, has passed the House and is now pending in the Senate. Employers should monitor the finalization of the DOL's rules and track early decisions from the reconstituted NLRB to understand the shifting landscape of labor relations and worker classification.

Read the full dispatch →
Orrick, Herrington & SutcliffeReal Estate / CMBS+ Expand
HUD Limits FHA Design-Defect Claims Window

New guidance treats Fair Housing Act accessibility violations as discrete acts, starting the one-year administrative and two-year private statutes of limitation upon a building's certificate of occupancy.

The Department of Housing and Urban Development (HUD) has rescinded its 2013 'continuing violation' theory for Fair Housing Act (FHA) design-and-construction accessibility claims. New guidance treats such violations as discrete events, with the statute of limitations beginning when a multifamily dwelling receives its initial certificate of occupancy. This change significantly reduces long-tail liability risk for developers, builders, and subsequent owners of multifamily properties. Under the prior interpretation, the statute of limitations never effectively expired as long as a building remained non-compliant, exposing owners to costly claims years after construction. The new rule provides certainty by establishing a clearer timeline: one year for administrative complaints to HUD and a supported two years for private civil actions. The guidance aligns federal administrative enforcement with the 9th Circuit's en banc decision in Garcia v. Brockway. Counsel for multifamily developers and owners should reassess potential liabilities on existing properties and update compliance advice fo

Read the full dispatch →
Orrick, Herrington & SutcliffeSanctions / Export Controls+ Expand
Treasury targets Iranian shadow banking via UAE bank branches

FinCEN proposed Section 311 special measures against five UAE branches of an Egypt-based bank and OFAC designated a Dubai branch manager and a Hong Kong front company, escalating pressure on Iran's financial access.

On August 28, 2026, Treasury announced coordinated actions under Operation Economic Outcast aimed at disrupting Iranian access to UAE-based banking channels. FinCEN issued a notice of proposed rulemaking under Section 311 of the USA PATRIOT Act finding reasonable grounds that five UAE branches of an Egypt-based state-owned commercial bank are a financial institution of primary money laundering concern. FinCEN cited 103 potential Iranian shadow banking front companies that allegedly moved about $1.8 billion through those UAE accounts between January 2024 and June 2026, including roughly $520 million in the trailing 12 months. If adopted, special measure five would prohibit U.S. financial institutions from opening or maintaining correspondent accounts for the named UAE branches, require them to avoid processing such transactions indirectly through foreign correspondents, and impose enhanced due diligence. Comments are due October 1. Separately, OFAC designated the general manager of a sanctioned Iranian bank's Dubai branch under E.O. 13224 and a Hong Kong-based front company under E.O.

Read the full dispatch →
Husch BlackwellEmployment / Labor+ Expand
OFCCP kills disability self-identification and 7% utilization goal

Federal contractors must scrap Form CC-305 and disability data collection by September 21, 2026, but affirmative action obligations survive in revised form.

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has finalized a rule, effective September 21, 2026, fundamentally altering disability affirmative action for federal contractors. The rule eliminates the requirement for contractors to invite applicants and employees to self-identify as individuals with disabilities, thereby retiring Form CC-305. Consequently, the agency is also rescinding the 7% disability utilization goal and its associated data collection and analysis requirements.

Read the full dispatch →
DIG DEEPER
MOST CONSEQUENTIALNJ Asks SCOTUS to Resolve Circuit Split on Sports Betting as Swaps

New Jersey has petitioned the Supreme Court to resolve a circuit split over whether the Dodd-Frank Act preempts state gaming laws, potentially federalizing sports-betting regulation under the CFTC.

New Jersey has asked the U.S. Supreme Court to review a Third Circuit decision that prevents the state from enforcing its gambling laws against prediction market operators like Kalshi. The petition seeks to resolve a direct circuit split with the Ninth Circuit on whether the 2010 Dodd-Frank Act preempts state gaming authority.

The core issue is whether Congress intended to define event-based contracts, including sports wagers, as "swaps," placing them under the exclusive jurisdiction of the Commodity Futures Trading Commission (CFTC). The Third Circuit found that Dodd-Frank did preempt state law, a conclusion the Ninth Circuit recently rejected, arguing Congress did not "hide an elephant in a mousehole" to silently federalize the entire sports betting industry. The case pits traditional state police powers to regulate gambling against the CFTC's authority over financial derivatives.

Blank RomeFinancial Regulation
supreme-courtcert-petitioncircuit-splitfinancial-regulationsports-bettingpreemptioncftcdodd-frank
AR
Today's Curator
Arthur Rodrigues. Corporate Counsel & Corporate Secretary at Teachable, Inc. Founder of Cicero Intelligent Minds. Former BigLaw (O'Melveny, Weil, Hughes Hubbard). JD/LLM Michigan Law.
Full Analysis — The Details
01 — BANKING / FINANCE1
Orrick, Herrington & Sutcliffe+ Expand
New York moves to opt out of DIDMCA preemption as House weighs opposite bill

A New York Senate bill would invoke DIDMCA Section 525 to block federal interest-rate preemption for in-state consumer credit transactions, while H.R. 7866 would narrow state opt-outs to only in-state chartered lenders.

New York Senate Bill S10688, introduced August 26, 2026, would exercise the state's DIDMCA Section 525 opt-out for covered consumer credit transactions, excluding first-lien mortgages and federally chartered institutions. It defines a transaction as made in New York when the consumer is solicited, applies, receives funds, or is collected from in the state, and carries civil penalties up to $2,500 per violation or $10,000 for knowing violations, enforceable by the superintendent and the attorney general. The bill would take effect 180 days after enactment. Simultaneously, the House Financial Services Committee on September 2 held a hearing on H.R. 7866, the American Lending Fairness Act of 2026, which would repeal Section 525 and limit state opt-outs to institutions chartered by that state, preserving parity with out-of-state chartered banks. Sophisticated counsel should track whether New York's broad solicitation-based nexus definition survives enactment, how courts treat overlapping state and federal preemption claims, and the trajectory of H.R. 7866, since the two measures pull fed

didmcaopt-outfederal-preemptioninterest-ratenew-yorkconsumer-lendingbankinghr-7866
Read the full dispatch →
02 — CONSUMER PROTECTION1
Orrick, Herrington & Sutcliffe+ Expand
Chopra-Led California Agency to Probe AI for Consumer Harm

The newly formed California Business and Consumer Services Agency, led by Rohit Chopra, has announced it will scrutinize how companies deploy AI and chatbots to ensure compliance with consumer protection laws.

California's new Business and Consumer Services Agency (BCSA) will investigate how businesses deploy AI and chatbot technologies. Agency Secretary Rohit Chopra, the former director of the federal Consumer Financial Protection Bureau, announced the initiative, stating the agency will look for uses that perpetrate scams, improperly exploit consumer data, or undermine existing consumer protections. The BCSA, which launched in July, houses the Department of Financial Protection and Innovation and other state boards.

This signals a new front of regulatory risk for companies deploying generative AI and other automated tools in customer-facing roles, particularly in a key market like California. The probe will be cross-sectoral, explicitly affecting financial services, healthcare, and real estate, among others. A specific focus will be whether AI tools are being used to engage in the unlicensed practice of certain professions. Chopra's history of aggressive enforcement at the CFPB suggests the BCSA will be an active regulator.

californiaconsumer-protectionartificial-intelligenceregulatory-enforcementrohit-choprabsca
Read the full dispatch →
03 — EMPLOYMENT / LABOR3
Littler+ Expand
EU Releases Forced Labour Regulation Guidelines

The European Commission has published non-binding guidelines for its sweeping regulation prohibiting products made with forced labour from the EU market, affecting all companies in all sectors.

The European Commission has released its first set of guidelines for the EU Forced Labour Regulation, which takes effect December 14, 2027. The regulation introduces a sweeping ban on placing, selling, or exporting any products made with forced labour on or from the Union market. Its scope is exceptionally broad, applying to all companies of any size, sector, or location, and covers forced labour risks within a company’s own operations and throughout its entire supply chain. Penalties for non-compliance include orders to prohibit market access and withdraw or remove affected products. While the new guidelines are not legally binding, they provide the first practical details on expected due diligence measures and are expected to heavily influence the enforcement practices of member state authorities. Companies with any exposure to the EU market should begin reviewing the guidelines now to assess and adapt their supply chain compliance programs ahead of the 2027 deadline.

forced-laborsupply-chaineuesghuman-rightsdue-diligence
Read the full dispatch →
Littler+ Expand
US Labor Agencies Advance Deregulatory Agenda

Federal agencies are pursuing significant changes to worker classification, joint employment, and union relations, alongside new workplace safety and bargaining legislation.

Several U.S. federal agencies are advancing a deregulatory agenda with broad implications for employers. The Department of Labor has proposed new rules defining independent contractor and joint-employer status that largely revert to more business-friendly standards, potentially narrowing liability for companies using contractors or franchise models. Final rules are reportedly expected by year-end. Concurrently, the National Labor Relations Board, with a newly confirmed majority, is positioned to reconsider and potentially overturn several significant pro-labor decisions from recent years concerning remedies, severance agreements, and bargaining orders. In Congress, the bipartisan Faster Labor Contracts Act, which would mandate binding arbitration for first union contracts, has passed the House and is now pending in the Senate. Employers should monitor the finalization of the DOL's rules and track early decisions from the reconstituted NLRB to understand the shifting landscape of labor relations and worker classification.

employment-labordepartment-of-labornlrbindependent-contractorjoint-employerus
Read the full dispatch →
Husch Blackwell+ Expand
OFCCP kills disability self-identification and 7% utilization goal

Federal contractors must scrap Form CC-305 and disability data collection by September 21, 2026, but affirmative action obligations survive in revised form.

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has finalized a rule, effective September 21, 2026, fundamentally altering disability affirmative action for federal contractors. The rule eliminates the requirement for contractors to invite applicants and employees to self-identify as individuals with disabilities, thereby retiring Form CC-305. Consequently, the agency is also rescinding the 7% disability utilization goal and its associated data collection and analysis requirements.

ofccp-section-503disability-affirmative-actionform-cc-305ada-compliancefederal-contractorsloper-bright-deference
Read the full dispatch →
04 — FDA / LIFE SCIENCES REGULATORY1
Arnold & Porter+ Expand
CJEU Ruling Clarifies Scope of 'Medical Device' Definition

The Court of Justice of the European Union has issued a new ruling on the definition of a medical device, a decision with significant compliance implications for manufacturers of software and other borderline products.

The Court of Justice of the European Union (CJEU) has issued a ruling clarifying the scope of the term “medical device” under the EU’s Medical Device Regulation (MDR). The definition is a critical gateway that determines whether a product is subject to the MDR's stringent requirements for clinical evidence, quality management systems, and post-market surveillance.

This decision is particularly important for manufacturers of “borderline” products, where regulatory status can be ambiguous. This includes many software products, such as wellness applications and clinical decision support tools, as well as certain cosmetic or aesthetic devices. A broad interpretation by the court could pull a wider range of products into this demanding regulatory regime, affecting development costs, timelines, and market access. Conversely, a narrow interpretation could provide greater certainty for developers innovating outside traditional healthcare hardware.

medical-devicecjeueuregulatorymdrsoftware-as-a-medical-devicelife-sciences
Read the full dispatch →
05 — FINANCIAL REGULATION3
Blank Rome+ Expand
NJ Asks SCOTUS to Resolve Circuit Split on Sports Betting as Swaps

New Jersey has petitioned the Supreme Court to resolve a circuit split over whether the Dodd-Frank Act preempts state gaming laws, potentially federalizing sports-betting regulation under the CFTC.

New Jersey has asked the U.S. Supreme Court to review a Third Circuit decision that prevents the state from enforcing its gambling laws against prediction market operators like Kalshi. The petition seeks to resolve a direct circuit split with the Ninth Circuit on whether the 2010 Dodd-Frank Act preempts state gaming authority.

The core issue is whether Congress intended to define event-based contracts, including sports wagers, as "swaps," placing them under the exclusive jurisdiction of the Commodity Futures Trading Commission (CFTC). The Third Circuit found that Dodd-Frank did preempt state law, a conclusion the Ninth Circuit recently rejected, arguing Congress did not "hide an elephant in a mousehole" to silently federalize the entire sports betting industry. The case pits traditional state police powers to regulate gambling against the CFTC's authority over financial derivatives.

supreme-courtcert-petitioncircuit-splitfinancial-regulationsports-bettingpreemptioncftcdodd-frank
Read the full dispatch →
Morrison & Foerster+ Expand
US Regulators Permit Discussing SAR Facts with Customers

Five US federal regulators have jointly clarified that the Bank Secrecy Act does not bar banks from discussing the underlying facts, transactions, and documents related to a suspicious activity report with the customer involved.

Five major US financial regulators, including FinCEN and the Federal Reserve, issued a joint statement clarifying that banks may discuss the factual basis for a Suspicious Activity Report (SAR) with customers. The guidance, released September 2, 2026, confirms that Bank Secrecy Act (BSA) confidentiality rules prohibit disclosing a SAR's existence but do not prevent sharing the "underlying facts, transactions, and documents." This allows banks to give customers more transparent explanations for account restrictions or closures without illegally "tipping off" the subject.

sarbsaamlfincentipping-offfinancial-regulation
Read the full dispatch →
Orrick, Herrington & Sutcliffe+ Expand
Agencies Confirm Banks Can Discuss Fraud With Customers

Five U.S. financial regulators confirmed banks can discuss suspected fraud and account closures with customers without violating SAR confidentiality rules, provided the existence of the report itself is not revealed.

Five U.S. federal financial regulators, including FinCEN and the Federal Reserve, have issued a joint statement clarifying the scope of confidentiality for suspicious activity reports (SARs) under the Bank Secrecy Act. The guidance confirms that financial institutions are not prohibited from communicating with customers about potentially fraudulent transactions, account restrictions, or closures, so long as the communication does not reveal the existence of a SAR.

financial-regulationbank-secrecy-actsuspicious-activity-reportsfincenamlregulatory-guidance
Read the full dispatch →
06 — REAL ESTATE / CMBS1
Orrick, Herrington & Sutcliffe+ Expand
HUD Limits FHA Design-Defect Claims Window

New guidance treats Fair Housing Act accessibility violations as discrete acts, starting the one-year administrative and two-year private statutes of limitation upon a building's certificate of occupancy.

The Department of Housing and Urban Development (HUD) has rescinded its 2013 'continuing violation' theory for Fair Housing Act (FHA) design-and-construction accessibility claims. New guidance treats such violations as discrete events, with the statute of limitations beginning when a multifamily dwelling receives its initial certificate of occupancy. This change significantly reduces long-tail liability risk for developers, builders, and subsequent owners of multifamily properties. Under the prior interpretation, the statute of limitations never effectively expired as long as a building remained non-compliant, exposing owners to costly claims years after construction. The new rule provides certainty by establishing a clearer timeline: one year for administrative complaints to HUD and a supported two years for private civil actions. The guidance aligns federal administrative enforcement with the 9th Circuit's en banc decision in Garcia v. Brockway. Counsel for multifamily developers and owners should reassess potential liabilities on existing properties and update compliance advice fo

hudfair-housing-actreal-estatemultifamily-housingstatute-of-limitationsaccessibility
Read the full dispatch →
07 — SANCTIONS / EXPORT CONTROLS1
Orrick, Herrington & Sutcliffe+ Expand
Treasury targets Iranian shadow banking via UAE bank branches

FinCEN proposed Section 311 special measures against five UAE branches of an Egypt-based bank and OFAC designated a Dubai branch manager and a Hong Kong front company, escalating pressure on Iran's financial access.

On August 28, 2026, Treasury announced coordinated actions under Operation Economic Outcast aimed at disrupting Iranian access to UAE-based banking channels. FinCEN issued a notice of proposed rulemaking under Section 311 of the USA PATRIOT Act finding reasonable grounds that five UAE branches of an Egypt-based state-owned commercial bank are a financial institution of primary money laundering concern. FinCEN cited 103 potential Iranian shadow banking front companies that allegedly moved about $1.8 billion through those UAE accounts between January 2024 and June 2026, including roughly $520 million in the trailing 12 months. If adopted, special measure five would prohibit U.S. financial institutions from opening or maintaining correspondent accounts for the named UAE branches, require them to avoid processing such transactions indirectly through foreign correspondents, and impose enhanced due diligence. Comments are due October 1. Separately, OFAC designated the general manager of a sanctioned Iranian bank's Dubai branch under E.O. 13224 and a Hong Kong-based front company under E.O.

sanctionsfin-censection-311iranuaeofaccorrespondent-bankinganti-money-laundering
Read the full dispatch →
08 — TAX1
Hogan Lovells+ Expand
HMRC Details Information-Sharing for New Pensions IHT Regime

UK pension scheme administrators and personal representatives have new guidance on the information-sharing duties required when inheritance tax applies to pension death benefits from April 2027.

HM Revenue & Customs has published "Technical Note 2," providing further guidance on the information-sharing process between pension scheme administrators (PSAs) and personal representatives (PRs) for the new inheritance tax (IHT) regime applying to many pension death benefits from April 2027. The new rules create significant administrative duties for schemes and those managing estates.

The guidance clarifies the five stages at which PSAs and PRs may need to exchange information, from initial death notification to the direct payment of IHT from pension funds. It also details the verification process for PRs and confirms that time limits for PSAs to respond do not begin until they receive reasonably requested evidence of a PR's status. The note includes draft templates for "withholding notices" and "direct payment notices," which schemes can adapt. This development is critical for counsel advising pension schemes on new compliance workflows and for private client lawyers assisting with estate administration, as failure to follow the new procedures could lead to complications and pote

pensionsinheritance-taxhmrctrusts-estatesuktax-compliance
Read the full dispatch →
09 — TECHNOLOGY / AI1
Jackson Lewis+ Expand
How to Negotiate AI Clauses in Commercial Contracts

A practical guide identifies key contract terms for lawyers to scrutinize when negotiating agreements involving artificial intelligence, from liability caps to data usage rights.

This guide for counsel outlines critical issues when negotiating AI-related provisions in vendor and customer agreements. As AI tools become ubiquitous, counterparties are inserting specific clauses to manage novel risks related to data privacy, intellectual property, system bias, and security. Standard terms on liability, indemnification, and compliance may not be sufficient, creating potential exposure for unprepared clients. The authors stress the importance of first understanding an organization's internal AI governance and capabilities before committing to contractual terms. Key negotiation points include restrictions on processing confidential or personal data, requirements for data not to be used in model training, and prohibitions on AI-driven decision-making. Counsel should also scrutinize attempts to create AI-specific carveouts from liability caps, broad 'compliance with all laws' warranties, and expansive audit rights. The guide advises carefully defining any obligations for human-in-the-loop review and verifying that both insurance coverage and subcontractor practices al

artificial-intelligencecontract-negotiationtechnology-transactionsrisk-managementai-governanceliabilityvendor-agreements
Read the full dispatch →
10 — WHITE COLLAR / INVESTIGATIONS1
Hogan Lovells+ Expand
Eleventh Circuit Upholds Constitutionality of FCA Qui Tam Actions

The U.S. Court of Appeals for the Eleventh Circuit has reversed a district court, holding that the False Claims Act's qui tam provisions do not violate the Constitution's Appointments Clause.

Reversing a much-discussed district court decision, the U.S. Court of Appeals for the Eleventh Circuit in U.S. ex rel. Zafirov v. Florida Medical Associates held that the False Claims Act's (FCA) qui tam provisions are constitutional under the Appointments Clause. The court reasoned that private relators who bring suits on behalf of the government are not "officers of the United States" requiring presidential appointment because they do not occupy a continuing position; their role lasts only for a single case.

false-claims-actqui-tameleventh-circuitconstitutional-lawappointments-clausewhite-collar
Read the full dispatch →
Also noted

Grade 3 — worth a glance, not the full analysis.

  • Hogan LovellsFinancial Regulation
    Regulators shift crypto oversight to governance and control frameworks

    European regulators increasingly assess crypto-related risks through governance, accountability and control effectiveness rather than treating digital assets as a separate regulatory category.

  • LittlerFinancial Regulation
    FCA Proposes Simplified Remuneration Code for UK Firms

    The UK's Financial Conduct Authority is seeking comment on a proposal to streamline remuneration rules for certain solo-regulated firms to better align pay with good governance and client interests.

  • Orrick, Herrington & SutcliffeFinancial Regulation
    PA Court: RESPA Violations Not a Defense to Foreclosure

    A Pennsylvania appellate court held that a mortgage servicer's failure to respond to a borrower's notices of error under RESPA does not create a defense to a state foreclosure action.

  • Orrick, Herrington & SutcliffeConsumer Protection
    D.C. Enacts Sweeping Medical Debt Collection Restrictions

    A new Washington, D.C. law prohibits reporting medical debt to credit agencies, caps interest, and sharply curtails other collection activities by healthcare providers and their agents.

  • Cozen O'ConnorConsumer Protection
    State AGs Pursue PBMs, Fintech, and Online Platforms

    State AGs sued a pharmacy benefit manager for market manipulation, an earned-wage-access provider for illegal lending, and a dating service over its background screening policies, while the FTC settled an AI marketing case.

  • Orrick, Herrington & SutcliffeFinancial Regulation
    FinCEN Reissues GTO for MSBs on US-Mexico Border

    Certain money services businesses in eight Texas and New Mexico counties must report cash transactions between $1,000 and $10,000 through March 1, 2027, under a reissued FinCEN geographic targeting order.

  • Orrick, Herrington & SutcliffeConsumer Protection
    Texts Seeking Email Address Deemed FDCPA 'Communications'

    A Maryland federal court denied a debt collector's motion to dismiss, holding that text messages asking for a consumer's email after she had refused to pay could constitute prohibited 'communications' under the FDCPA.

Stay ahead

Join the digest.

One email when the daily AmLaw 100 briefing ships. No noise, no pitch decks — just the grade 4–5 signal.