Arthur Souza Rodrigues

DROPLETS

AmLaw 100 Legal Intelligence — Distilled
Sunday, October 11, 20263 featured8 also noted10 firms2 practice areasgrade 3–5
Quick Scan — Why It Matters
Ogletree DeakinsEmployment / Labor+ Expand
EEOC Drafts Rule Rescinding 2012 Background-Check Guidance

The EEOC sent OIRA a draft final rule on October 6, 2026 that would withdraw its 2012 guidance on using arrest and conviction records under Title VII, reshaping disparate-impact exposure for multistate employers.

On October 6, 2026, OIRA received a draft final rule from the EEOC that would rescind the agency's 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII. That guidance had explained how criminal-history screening could trigger disparate treatment and disparate impact liability and endorsed combining the three Green factors with nine individualized assessment factors — a framework many employers have used for roughly fourteen years.

Why counsel should care: rescission would not itself defeat private disparate-impact claims, which rest on Title VII and case law rather than agency guidance, but employers are likely to argue the withdrawal undercuts them. The larger shift is that EEOC disparate-impact enforcement is already paused in favor of right-to-sue letters, while the FCRA and proliferating state and local background-check statutes remain fully in force and are being actively pursued by some state agencies. Compliance risk therefore migrates from federal guidance to a patchy state-law landscape.

…

Read the full dispatch →
Jones DayFDA / Life Sciences Regulatory+ Expand
CMS Finalizes Most-Favored-Nation Pricing Model for Medicare Part B Drugs

CMS has finalized a Medicare Part B drug-pricing model built on most-favored-nation benchmarks, a pricing-policy shift with direct implications for manufacturer reimbursement, contract economics and litigation risk.

What the reporting indicates: CMS has finalized the "GLOBE" model, applying most-favored-nation drug-pricing logic to drugs furnished under Medicare Part B, per a Jones Day alert dated 11 October 2026. Only the alert's headline and framing were available in this cluster, so the model's operative mechanics, scope, covered drugs, implementation timetable and any transition provisions should be verified against the final rule text and sub-regulatory guidance before reliance.

Why sophisticated counsel should care. Part B is a large, fast-growing channel for high-cost specialty, oncology and biologic products, and a benchmark-linked pricing construct is not a rebate tweak: it can reach list prices, price-reporting obligations, and the economics of distribution agreements with buy-and-bill providers, hospitals, distributors and PBMs. For manufacturer, provider and plan-side clients, finalization resets the baseline for pricing negotiations, revenue forecasting, compliance programs and government-pricing exposure.

…

Read the full dispatch →
Ogletree DeakinsEmployment / Labor+ Expand
California's SB 951 Requires AI-Disclosure in Cal/WARN Layoff Notices

Signed September 30, 2026 and effective January 1, 2027, SB 951 adds technology-displacement content and a mandatory banner to Cal/WARN notices for layoffs caused in whole or substantial part by AI or automation.

On September 30, 2026, Governor Gavin Newsom signed SB 951, amending the California Worker Adjustment and Retraining Act to add disclosure duties where a mass layoff, relocation, or termination is caused in whole or in substantial part by artificial intelligence or other automated technology; the law takes effect January 1, 2027. Covered notices must state the number of technology-attributable separations by occupation and work location, the job functions to be automated, the category or type of technology involved, and carry the statement "This notice is for a technology displacement" at the top. The statute's AI definition — an engineered or machine-based system varying in autonomy that infers from inputs how to generate outputs influencing physical or virtual environments — is broad enough to reach workforce software employers may not think of as AI. The Employment Development Department must publish summaries of filed notices and a quarterly statewide displacement tally, and must report to the legislature by January 1, 2028 on AI's effect on hiring, a signal that broader notice d

…

Read the full dispatch →
DIG DEEPER
MOST CONSEQUENTIALEEOC Drafts Rule Rescinding 2012 Background-Check Guidance

The EEOC sent OIRA a draft final rule on October 6, 2026 that would withdraw its 2012 guidance on using arrest and conviction records under Title VII, reshaping disparate-impact exposure for multistate employers.

On October 6, 2026, OIRA received a draft final rule from the EEOC that would rescind the agency's 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII. That guidance had explained how criminal-history screening could trigger disparate treatment and disparate impact liability and endorsed combining the three Green factors with nine individualized assessment factors — a framework many employers have used for roughly fourteen years.

Why counsel should care: rescission would not itself defeat private disparate-impact claims, which rest on Title VII and case law rather than agency guidance, but employers are likely to argue the withdrawal undercuts them. The larger shift is that EEOC disparate-impact enforcement is already paused in favor of right-to-sue letters, while the FCRA and proliferating state and local background-check statutes remain fully in force and are being actively pursued by some state agencies. Compliance risk therefore migrates from federal guidance to a patchy state-law landscape.

…

Ogletree DeakinsEmployment / Labor
eeocbackground-checkstitle-viidisparate-impactfair-credit-reporting-actstate-law-compliancerulemaking
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. Droplets is a personal project; the views are his own, not Teachable's.
Full Analysis — The Details
01 — EMPLOYMENT / LABOR2
Ogletree Deakins+ Expand
EEOC Drafts Rule Rescinding 2012 Background-Check Guidance

The EEOC sent OIRA a draft final rule on October 6, 2026 that would withdraw its 2012 guidance on using arrest and conviction records under Title VII, reshaping disparate-impact exposure for multistate employers.

On October 6, 2026, OIRA received a draft final rule from the EEOC that would rescind the agency's 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII. That guidance had explained how criminal-history screening could trigger disparate treatment and disparate impact liability and endorsed combining the three Green factors with nine individualized assessment factors — a framework many employers have used for roughly fourteen years.

Why counsel should care: rescission would not itself defeat private disparate-impact claims, which rest on Title VII and case law rather than agency guidance, but employers are likely to argue the withdrawal undercuts them. The larger shift is that EEOC disparate-impact enforcement is already paused in favor of right-to-sue letters, while the FCRA and proliferating state and local background-check statutes remain fully in force and are being actively pursued by some state agencies. Compliance risk therefore migrates from federal guidance to a patchy state-law landscape.

…

eeocbackground-checkstitle-viidisparate-impactfair-credit-reporting-actstate-law-compliancerulemaking
Read the full dispatch →
Ogletree Deakins+ Expand
California's SB 951 Requires AI-Disclosure in Cal/WARN Layoff Notices

Signed September 30, 2026 and effective January 1, 2027, SB 951 adds technology-displacement content and a mandatory banner to Cal/WARN notices for layoffs caused in whole or substantial part by AI or automation.

On September 30, 2026, Governor Gavin Newsom signed SB 951, amending the California Worker Adjustment and Retraining Act to add disclosure duties where a mass layoff, relocation, or termination is caused in whole or in substantial part by artificial intelligence or other automated technology; the law takes effect January 1, 2027. Covered notices must state the number of technology-attributable separations by occupation and work location, the job functions to be automated, the category or type of technology involved, and carry the statement "This notice is for a technology displacement" at the top. The statute's AI definition — an engineered or machine-based system varying in autonomy that infers from inputs how to generate outputs influencing physical or virtual environments — is broad enough to reach workforce software employers may not think of as AI. The Employment Development Department must publish summaries of filed notices and a quarterly statewide displacement tally, and must report to the legislature by January 1, 2028 on AI's effect on hiring, a signal that broader notice d

…

cal-warnmass-layoff-noticeai-disclosurereductions-in-forceworkforce-automationcalifornia-labor-law
Read the full dispatch →
02 — FDA / LIFE SCIENCES REGULATORY1
Jones Day+ Expand
CMS Finalizes Most-Favored-Nation Pricing Model for Medicare Part B Drugs

CMS has finalized a Medicare Part B drug-pricing model built on most-favored-nation benchmarks, a pricing-policy shift with direct implications for manufacturer reimbursement, contract economics and litigation risk.

What the reporting indicates: CMS has finalized the "GLOBE" model, applying most-favored-nation drug-pricing logic to drugs furnished under Medicare Part B, per a Jones Day alert dated 11 October 2026. Only the alert's headline and framing were available in this cluster, so the model's operative mechanics, scope, covered drugs, implementation timetable and any transition provisions should be verified against the final rule text and sub-regulatory guidance before reliance.

Why sophisticated counsel should care. Part B is a large, fast-growing channel for high-cost specialty, oncology and biologic products, and a benchmark-linked pricing construct is not a rebate tweak: it can reach list prices, price-reporting obligations, and the economics of distribution agreements with buy-and-bill providers, hospitals, distributors and PBMs. For manufacturer, provider and plan-side clients, finalization resets the baseline for pricing negotiations, revenue forecasting, compliance programs and government-pricing exposure.

…

medicare-part-bdrug-pricingmost-favored-nationcms-rulemakingpharma-pricingreimbursement
Read the full dispatch →
Also noted

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

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