Arthur Souza Rodrigues

DROPLETS

AmLaw 100 Legal Intelligence — Distilled
Wednesday, October 14, 202617 featured31 also noted25 firms10 practice areasgrade 3–5
Quick Scan — Why It Matters
Pillsbury Winthrop Shaw PittmanRegulatory / Government+ Expand
DOJ Issues New Fraud Directive Prioritizing Corporate Self‑Disclosure

The Justice Department’s Fraud Division released Directive 26‑12, outlining a new framework that rewards early corporate transparency in fraud investigations.

NFED’s Directive 26‑12, published October 1, 2026, redefines corporate fraud enforcement by focusing on key policy areas—finance, consumer protection, data security—and introduces a self‑disclosure incentive that can reduce penalties for companies reporting misconduct early. The policy states that voluntary disclosures made within two months of detection may qualify for a penalty credit or waivers, depending on cooperation level and case severity. It also specifies investigative procedures and evidentiary standards that firms must follow. Commercial law practitioners should advise clients to tighten internal reporting systems, document potential red flags, and conduct timely investigations to meet these new thresholds. The directive signals a broader DOJ appetite for corporate cooperation, which may shape future litigation strategies in antitrust and securities, and requires firms to update compliance playbooks and counsel training accordingly.

Read the full dispatch →
Jackson LewisEmployment / Labor+ Expand
New Jersey’s FAIR Act Mandates AI Impact Assessments in Workplaces

The bill requires employers to conduct independent impact analyses before deploying AI to prevent discrimination, imposing strict notice and data‑rights obligations.

The Fair AI Regulations (FAIR) Act, S4075, was cleared by the New Jersey Senate Labor Committee and would take effect 18 months after passage. It targets electronic monitoring tools, automated employment decision systems, and automated benefit systems, clearly defining “terms or conditions of employment” to include wages, work schedules, and performance reviews. Employers must obtain an independent impact assessment confirming the tool’s purpose and minimal data use before deployment and within six months for existing tools. Written notice to employees and unions is mandatory 60 days prior to deployment and for significant changes, with a 30‑day window for union concerns. Human reviewers must be authorized to override AI‑generated decisions, and adverse action solely based on AI data is prohibited. Data retention is capped at 37 months unless consented longer, and data breaches must be reported within 48 hours. Employees can access and correct their data annually and appeal adverse decisions within 30 days. Violations expose employers to fines, jail, and private lawsuits. The act rep

…

Read the full dispatch →
Ballard SpahrFinancial Regulation+ Expand
California Introduces AB 2116 Licensing for Commercial Financiers

The new measure, signed Sept. 30, expands licensing duties, imposing stricter compliance on commercial financing providers and brokers across the state.

California’s newly enacted Assembly Bill 2116 expands the state’s oversight of the commercial financing sector by imposing licensing requirements on a broad spectrum of finance providers and brokers. Signed into law on September 30, the bill defines qualified entities—including in‑house financing units, independent broker firms, and outsourcing arrangements—and mandates that each obtain a license from the Department of Financial Protection and Innovation. Compliance will involve background checks, financial disclosures, and ongoing record‑keeping, with the state setting up a monitoring program and enforcement penalties for non‑compliance. For firms representing U.S. and foreign clients that engage in lending or structured finance in California, the rule necessitates a rapid review of current licensing status and the implementation of new compliance protocols. Anticipated changes also extend to capital‑based assistance advisors, who must now register and comply with disclosure requirements. The law stipulates a 90‑day window for applying, with provisions for exemptions and special arr

…

Read the full dispatch →
King & SpaldingHealthcare+ Expand
CMS Finalizes GLOBE Model Tying Part B Drug Payments to Foreign Prices

CMS-5545-F implements the mandatory GLOBE model under SSA section 1115A, benchmarking Medicare Part B drug payments against international reference prices.

What happened: On September 30, 2026, CMS issued final rule CMS-5545-F at 42 C.F.R. Part 513, implementing the Global Benchmark for Efficient Drug Pricing (GLOBE) Model — a mandatory Medicare payment model authorized under Social Security Act section 1115A. The framework ties Part B drug payment amounts to international reference benchmarks rather than domestic pricing alone.

Why sophisticated counsel and clients care: Part B covers physician-administered and certain infused biologics and oncology drugs, so a benchmarking mechanism anchored to foreign prices touches reimbursement planning, pricing and rebate compliance, government price reporting, and distribution arrangements for a broad set of manufacturer and provider clients. A mandatory model, rather than a voluntary demonstration, also raises operational questions — contract terms, chargeback and rebate mechanics, and internal controls across pricing, finance and compliance teams — and how the model interacts with existing Medicare negotiation authorities and ASP-based payment methodologies. The broader signal is a continued f

…

Read the full dispatch →
Goodwin ProcterFinancial Regulation+ Expand
Oregon Court Vacates CFPB Director's Bid to Zero Out State Fund Transfers

A federal district court in Oregon granted partial summary judgment to 22 states and D.C. in State of New York v. Vought, No. 6:25-cv-02384-AA (D. Or.), rejecting the CFPB Director's bid to void state funding transfers.

On September 25, 2026, the U.S. District Court for the District of Oregon granted partial summary judgment to a coalition of twenty-two states and the District of Columbia in State of New York v. Vought, No. 6:25-cv-02384-AA (D. Or.), declining to zero out funds those states had transferred to the Consumer Financial Protection Bureau. The ruling rejects the CFPB Director's bid to treat payments from state regulators to the bureau as voidable, touching the scope of federal preemption as applied to cooperative funding arrangements between state agencies and a federal regulator. The reported disposition appears partial, so the fate of remaining claims is unclear on available reporting.

…

Read the full dispatch →
CooleyTechnology / AI+ Expand
FCC Votes Oct. 29 on Restricting Device Test Labs to US and MRA Partners

The FCC votes October 29 on rules confining RF device testing, certification and lab accreditation to the US and MRA partner economies, with a December 1, 2028 cutoff and no waiver process.

On October 29 the FCC will vote on a Third Report and Order and FNPRM confining equipment authorization testing, certification and accreditation to the US and territories of economies with a US Mutual Recognition Agreement or comparable reciprocal arrangement. The bar on recognising non-MRA test labs, TCBs and accreditation bodies would apply to applications filed on or after December 1, 2028; earlier grants and pending applications are unaffected.

The rules reach past location: a TCB could not evaluate applications, make certification decisions or conduct post-market surveillance from a nonreciprocal economy, labs could not run tests there, and accreditation bodies could not accredit labs. Pre-compliance and R&D testing not relied on in a certification application falls outside the restriction. The FCC declined any waiver or case-by-case exception process, so individual relief should not be assumed.

…

Read the full dispatch →
Latham & WatkinsEnvironment / ESG / Climate+ Expand
D.C. Circuit Upholds EPA's CERCLA Designation of PFOS and PFOA

A reported D.C. Circuit ruling leaves PFOS and PFOA classified as CERCLA hazardous substances, restoring federal cleanup and cost-recovery exposure across PFAS value chains.

Per a single published alert, the U.S. Court of Appeals for the D.C. Circuit has upheld EPA's final hazardous-substance rule designating PFOS and PFOA under CERCLA section 304. The practical significance is that the designation reopens the full CERCLA toolkit — cost recovery, contribution, information-gathering orders, and government-funder enforcement — for two compounds used historically in foams, firefighting, metal plating, fluorochemicals, textiles, and food packaging, among many other supply chains.

For major-firm clients, the decision converts a contested regulatory position into settled federal liability. Companies with historic sites, former operators, or indemnities tied to PFAS exposure face an expanding universe of claimants: state agencies, water utilities, and private parties in cost-recovery actions, plus successors acquiring businesses or sites with legacy PFAS use. Because CERCLA liability attaches at the release level and can reach current owners, corporate transaction diligence and post-closing indemnity structuring remain central workstreams.

…

Read the full dispatch →
Ballard SpahrEmployment / Labor+ Expand
SCOTUS Weighs 'Meaningful Benchmark' Test in Intel ERISA Prudence Case

The Supreme Court heard argument in Anderson v. Intel, asking whether a plaintiff must plead an ERISA plan underperformed a meaningful benchmark to state an unwise-investment-prudence claim.

In Anderson v. Intel Corp. Investment Policy Committee (No. 25-498), the U.S. Supreme Court heard argument on whether a participant or beneficiary alleging that an ERISA plan was imprudent in choosing an underperforming investment must plead failure to meet a "meaningful benchmark" standard. The question matters because it goes to the plausibility threshold for excessive-prudence-style claims built on comparative investment performance rather than a process-based theory; one firm reports the Court appeared receptive to a more demanding pleading standard, but argument is not a holding and no reasoning is yet operative.

Sophisticated counsel should care because defined-contribution plan sponsors, 401(k) committees, recordkeepers, and plan advisers face a shifting exposure map. If a heightened benchmark requirement is confirmed, a substantial volume of performance-based ERISA actions could face earlier dismissal, affecting reserve decisions, recordkeeper fee leverage, and the value of plan-governance documentation.

…

Read the full dispatch →
DLA PiperEnergy / Renewables+ Expand
Mexico Energy Commission Updates Charge‑Billing Methodology

The Comisión Nacional de Energía revised its methodology for determining charges, clarifying exception periods and key considerations.

On Sept. 30, 2026 the Diario Oficial de la Federación published the Comisión Nacional de Energía’s (CNE) revised methodology for determining energy‑market charges. The update tightens the definition of the exception period and adds several new calculations that could raise or lower tariffs for electricity suppliers, bilateral traders, and load‑management vendors operating in Mexico. Counsel should review the new formulae against current billing contracts, assess whether close‑dated agreements will be affected, and adjust any automated invoicing systems accordingly. Firms with cross‑border or multinational energy portfolios should flag the changes to client risk teams and consider engaging with CNE to confirm the application of the clarified methodology under their specific market segments. The immediate operational impact is a potential shift in cost structures; a subsequent monitoring of CNE’s guidance forum will be prudent to capture any further clarifications or supplementary schedules.

Read the full dispatch →
Sheppard MullinEmployment / Labor+ Expand
California Signs New AI Workplace Laws on Terminations, Layoffs, Surveillance

California has signed what Sheppard Mullin calls landmark AI workplace laws on automated termination, layoffs and monitoring; the alert does not name the statutes or effective dates.

According to Sheppard Mullin, California has signed what the firm calls landmark AI workplace laws covering automated termination decisions, layoff-related decision-making and workplace surveillance. The available alert names no bills, statutory sections, agency guidance or effective dates, and does not separate enacted statutes from pending rules.

Why counsel should care: California's FEHA already reaches automated decision-making bias in hiring, promotion and termination. Additional stand-alone duties typically impose procedural requirements — notice that automated systems are in use, human review or appeal rights, and sometimes retention of or access to monitoring data — that reach every employer with a California-exposed workforce. A termination routed through an algorithmic pipeline without compliant notice or review can invite statutory liability and, depending on the provision, attorney's-fee exposure.

…

Read the full dispatch →
King & SpaldingFinancial Regulation+ Expand
SEC Proposes Overhaul of Advisers Act Custody Rule for Crypto Assets

The SEC's October 1, 2026 proposal would substantially rewrite the registered investment adviser custody rule and amend the Investment Company Act to address digital assets, reshaping how advisers safeguard client crypto holdings.

On October 1, 2026 the SEC proposed rules and amendments under the Investment Advisers Act of 1940 and the Investment Company Act of 1940 that would materially revise the adviser custody framework as applied to digital assets. Reporting indicates the proposal makes sweeping changes to the existing custody rule — the requirement that advisers holding client securities maintain them with a qualified custodian in a segregated account subject to reasonable verification.

Several obligations intersect here: which custodians qualify, how client property is held and verified, and how advisers address assets for which a qualified custodian may not exist. Comment deadlines, transition periods and any grandfathering are the operative details to extract from the releasing text, which is not in the available source material.

…

Read the full dispatch →
Goodwin ProcterHealthcare+ Expand
Eleventh Circuit Adopts Fifth Circuit's Knowledge Standard for AKS Scienter

The Eleventh Circuit affirmed AKS convictions in United States v. Chun, adopting the Fifth Circuit's knowledge formulation of the statute's scienter requirement and clarifying what the prosecution must prove.

On August 18, 2026, the Eleventh Circuit affirmed two defendants' convictions and sentences for violating the federal Anti-Kickback Statute in United States v. Chun, adopting the Fifth Circuit's knowledge standard for the AKS's scienter requirement. The decision matters because the AKS reaches broadly through its referral-source and remuneration provisions, and the scienter showing is a principal defense line in prosecutions involving pharmaceutical manufacturers, distributors, and physicians.

Two points drive the practical significance. First, alignment with the Fifth Circuit reduces forum-dependent variation and gives defense counsel a more settled map when weighing where a case will be litigated. Second, because the AKS is effectively strict liability in form, the knowledge requirement is a recurring battleground, and a clarified standard on that element affects what the government must prove at trial and on appeal.

…

Read the full dispatch →
Dorsey & WhitneyEnvironment / ESG / Climate+ Expand
EPA Final Rule Curbs Title V Re-Litigation of NSR Permits

EPA's September 25, 2026 final rule would sharply limit how third parties can use Clean Air Act Title V permitting to reopen New Source Review determinations.

On September 25, 2026, the U.S. Environmental Protection Agency published a final rule that significantly limits the ability of third parties to use the Clean Air Act Title V permitting process to revisit New Source Review determinations.

Why sophisticated counsel should care: Title V permits are the standard vehicle industry groups, environmental organizations and states have long used to revisit NSR conclusions years after the original pre-construction permit — the classic route for neighbors or challengers to argue that a new or modified source triggered avoidable or unlawful emission increases. A rule that narrows that pathway reshapes litigation leverage around pending and future permit challenges, not just those in the rulemaking docket.

…

Read the full dispatch →
Jackson LewisOther+ Expand
AI Amplifies Trade Secret Risks in Entertainment Industries

Generative AI tools route unreleased scripts, schedules, and proprietary data into hidden prompt histories, threatening to leak trade secrets traditionally protected by contracts and secrecy.

Entertainment firms rely on secrecy to protect creative assets. As workers use generative AI, confidential material can be unintentionally ingested or outputted by third‑party platforms, exposing trade secrets. The guide outlines an AI‑aware confidentiality framework: vet AI platforms, update NDAs to cover AI submissions, enforce access controls, provide AI‑specific training, conduct vendor diligence, and strengthen off‑boarding to review prompt histories. In states like California with limited non‑competes, robust trade secret safeguards become essential. Firms should treat AI as a data processing actor, embed protections in AI governance, and monitor vendor terms as the technology evolves. Additionally, firms should periodically audit AI platform agreements for data retention clauses, and consider on‑premise AI solutions for highly sensitive workflows. Legal counsel should review any AI‑generated content as potential trade secret material and incorporate data handling controls into contract language with vendors. Monitoring the evolving regulatory landscape around AI data use will

…

Read the full dispatch →
CooleyEmployment / Labor+ Expand
NY Enacts Personnel Record Access Law, Grants Employees File Review

NY’s new statute now obligates employers to provide employees with their personnel files within five days and issue notices on any ‘negative information’, with penalties up to $2,500 per breach.

New York’s personnel record access law, effective November 8, 2026, expands statutory rights for current and former employees to obtain copies of file records that influence hiring, promotion, or discipline, at no cost and within five business days. Employers must also give a written notice within ten days of adding any information that could negatively affect an employee’s employment prospects; the rule applies to records held by third‑party vendors such as PEOs or payroll firms. Violations carry fines of $500 to $2,500 per breach, and retaliation against employees exercising these rights is prohibited. Firms should immediately audit existing personnel‑record policies, establish a robust request‑processing workflow, and develop clear criteria for identifying and notifying employees about negative data. Training for HR, managers, and compliance staff should cover the new notice and anti‑retaliation provisions, and employers should monitor potential legislative amendments that may refine record creation or content definitions in the 2027 session.

Read the full dispatch →
Ropes & GraySecurities / Capital Markets+ Expand
SEC Report Addresses 13(d) Group Treatment for Multistakeholder Engagement

The SEC's October 7, 2026 report of investigation signals how activist and collaborative investor engagement with external organizations could trigger beneficial-ownership group status under Section 13(d).

The SEC issued a report of investigation on October 7, 2026 addressing when an investor's engagement with a multistakeholder initiative could cause that investor to be treated as part of a "group" for Section 13(d) beneficial ownership purposes. The framing is deliberately broader than ESG: it reaches collaborative engagement mechanisms generally, which is why securities lawyers expect issuers and investors to revisit how governance and sustainability dialogue is structured.

Why sophisticated counsel should care: Section 13(d) group status carries real consequences — disclosure obligations, activist tactics, and deal dynamics for issuers, directors, and hedge funds alike. A report of investigation also signals enforcement posture, and the "further re-evaluation" language implies that issuers and investors who have already been designing engagement practices should audit them again.

…

Read the full dispatch →
Perkins CoieIP / Patent+ Expand
Third Circuit Affirms Copyright on Westlaw Headnotes

The court rejects a fair‑use defense, ruling Westlaw headnotes are protected works.

On Sept. 29, 2026 the Third Circuit affirmed the District Court’s partial summary judgment that Westlaw headnotes are copyrightable. In Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence, the panel held the short legal summaries attached to Westlaw cases fall outside the narrow fair‑use exception for commentary or criticism, making unlicensed use in client filings or internal documents infringing. The decision does not invalidate the use of Westlaw for research itself, but it bars firms from reproducing or incorporating headnotes without a license. Law practitioners should audit all Westlaw-derived content in pleadings, briefs and discovery to ensure compliance, and consider drafting custom headnote‑style notes under their own copyright. The ruling may serve as precedent for future disputes over copyright in research metadata, prompting a reassessment of how firms treat and license such ancillary content.

Read the full dispatch →
DIG DEEPER
MOST CONSEQUENTIALDOJ Issues New Fraud Directive Prioritizing Corporate Self‑Disclosure

The Justice Department’s Fraud Division released Directive 26‑12, outlining a new framework that rewards early corporate transparency in fraud investigations.

NFED’s Directive 26‑12, published October 1, 2026, redefines corporate fraud enforcement by focusing on key policy areas—finance, consumer protection, data security—and introduces a self‑disclosure incentive that can reduce penalties for companies reporting misconduct early. The policy states that voluntary disclosures made within two months of detection may qualify for a penalty credit or waivers, depending on cooperation level and case severity. It also specifies investigative procedures and evidentiary standards that firms must follow. Commercial law practitioners should advise clients to tighten internal reporting systems, document potential red flags, and conduct timely investigations to meet these new thresholds. The directive signals a broader DOJ appetite for corporate cooperation, which may shape future litigation strategies in antitrust and securities, and requires firms to update compliance playbooks and counsel training accordingly.

Pillsbury Winthrop Shaw PittmanRegulatory / Government
dojnfedself-disclosurefraud-policycorporate-compliance
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 / LABOR4
Jackson Lewis+ Expand
New Jersey’s FAIR Act Mandates AI Impact Assessments in Workplaces

The bill requires employers to conduct independent impact analyses before deploying AI to prevent discrimination, imposing strict notice and data‑rights obligations.

The Fair AI Regulations (FAIR) Act, S4075, was cleared by the New Jersey Senate Labor Committee and would take effect 18 months after passage. It targets electronic monitoring tools, automated employment decision systems, and automated benefit systems, clearly defining “terms or conditions of employment” to include wages, work schedules, and performance reviews. Employers must obtain an independent impact assessment confirming the tool’s purpose and minimal data use before deployment and within six months for existing tools. Written notice to employees and unions is mandatory 60 days prior to deployment and for significant changes, with a 30‑day window for union concerns. Human reviewers must be authorized to override AI‑generated decisions, and adverse action solely based on AI data is prohibited. Data retention is capped at 37 months unless consented longer, and data breaches must be reported within 48 hours. Employees can access and correct their data annually and appeal adverse decisions within 30 days. Violations expose employers to fines, jail, and private lawsuits. The act rep

…

nj-employee-ai-regulationfair-ai-rlsemployer-pre-deployment-assessmentemployee-data-rightsai-monitoring-prohibitionscompliance-burden
Read the full dispatch →
Ballard Spahr+ Expand
SCOTUS Weighs 'Meaningful Benchmark' Test in Intel ERISA Prudence Case

The Supreme Court heard argument in Anderson v. Intel, asking whether a plaintiff must plead an ERISA plan underperformed a meaningful benchmark to state an unwise-investment-prudence claim.

In Anderson v. Intel Corp. Investment Policy Committee (No. 25-498), the U.S. Supreme Court heard argument on whether a participant or beneficiary alleging that an ERISA plan was imprudent in choosing an underperforming investment must plead failure to meet a "meaningful benchmark" standard. The question matters because it goes to the plausibility threshold for excessive-prudence-style claims built on comparative investment performance rather than a process-based theory; one firm reports the Court appeared receptive to a more demanding pleading standard, but argument is not a holding and no reasoning is yet operative.

Sophisticated counsel should care because defined-contribution plan sponsors, 401(k) committees, recordkeepers, and plan advisers face a shifting exposure map. If a heightened benchmark requirement is confirmed, a substantial volume of performance-based ERISA actions could face earlier dismissal, affecting reserve decisions, recordkeeper fee leverage, and the value of plan-governance documentation.

…

erisafiduciary-dutyretirement-planssupreme-courtprudence-standardplan-underperformance
Read the full dispatch →
Sheppard Mullin+ Expand
California Signs New AI Workplace Laws on Terminations, Layoffs, Surveillance

California has signed what Sheppard Mullin calls landmark AI workplace laws on automated termination, layoffs and monitoring; the alert does not name the statutes or effective dates.

According to Sheppard Mullin, California has signed what the firm calls landmark AI workplace laws covering automated termination decisions, layoff-related decision-making and workplace surveillance. The available alert names no bills, statutory sections, agency guidance or effective dates, and does not separate enacted statutes from pending rules.

Why counsel should care: California's FEHA already reaches automated decision-making bias in hiring, promotion and termination. Additional stand-alone duties typically impose procedural requirements — notice that automated systems are in use, human review or appeal rights, and sometimes retention of or access to monitoring data — that reach every employer with a California-exposed workforce. A termination routed through an algorithmic pipeline without compliant notice or review can invite statutory liability and, depending on the provision, attorney's-fee exposure.

…

california-ai-employmentautomated-decision-makingworkplace-surveillancealgorithmic-biasemployer-complianceemployment-regulation
Read the full dispatch →
Cooley+ Expand
NY Enacts Personnel Record Access Law, Grants Employees File Review

NY’s new statute now obligates employers to provide employees with their personnel files within five days and issue notices on any ‘negative information’, with penalties up to $2,500 per breach.

New York’s personnel record access law, effective November 8, 2026, expands statutory rights for current and former employees to obtain copies of file records that influence hiring, promotion, or discipline, at no cost and within five business days. Employers must also give a written notice within ten days of adding any information that could negatively affect an employee’s employment prospects; the rule applies to records held by third‑party vendors such as PEOs or payroll firms. Violations carry fines of $500 to $2,500 per breach, and retaliation against employees exercising these rights is prohibited. Firms should immediately audit existing personnel‑record policies, establish a robust request‑processing workflow, and develop clear criteria for identifying and notifying employees about negative data. Training for HR, managers, and compliance staff should cover the new notice and anti‑retaliation provisions, and employers should monitor potential legislative amendments that may refine record creation or content definitions in the 2027 session.

ny-personnel-record-lawemployee-access-rightnegative-information-noticehr-compliancethird-party-recordsretention-period
Read the full dispatch →
02 — ENERGY / RENEWABLES1
DLA Piper+ Expand
Mexico Energy Commission Updates Charge‑Billing Methodology

The Comisión Nacional de Energía revised its methodology for determining charges, clarifying exception periods and key considerations.

On Sept. 30, 2026 the Diario Oficial de la Federación published the Comisión Nacional de Energía’s (CNE) revised methodology for determining energy‑market charges. The update tightens the definition of the exception period and adds several new calculations that could raise or lower tariffs for electricity suppliers, bilateral traders, and load‑management vendors operating in Mexico. Counsel should review the new formulae against current billing contracts, assess whether close‑dated agreements will be affected, and adjust any automated invoicing systems accordingly. Firms with cross‑border or multinational energy portfolios should flag the changes to client risk teams and consider engaging with CNE to confirm the application of the clarified methodology under their specific market segments. The immediate operational impact is a potential shift in cost structures; a subsequent monitoring of CNE’s guidance forum will be prudent to capture any further clarifications or supplementary schedules.

mexico-energy-regulationcne-charges-methodologyenergy-market-chargesexception-period-clarificationenergy-renewables
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03 — ENVIRONMENT / ESG / CLIMATE2
Latham & Watkins+ Expand
D.C. Circuit Upholds EPA's CERCLA Designation of PFOS and PFOA

A reported D.C. Circuit ruling leaves PFOS and PFOA classified as CERCLA hazardous substances, restoring federal cleanup and cost-recovery exposure across PFAS value chains.

Per a single published alert, the U.S. Court of Appeals for the D.C. Circuit has upheld EPA's final hazardous-substance rule designating PFOS and PFOA under CERCLA section 304. The practical significance is that the designation reopens the full CERCLA toolkit — cost recovery, contribution, information-gathering orders, and government-funder enforcement — for two compounds used historically in foams, firefighting, metal plating, fluorochemicals, textiles, and food packaging, among many other supply chains.

For major-firm clients, the decision converts a contested regulatory position into settled federal liability. Companies with historic sites, former operators, or indemnities tied to PFAS exposure face an expanding universe of claimants: state agencies, water utilities, and private parties in cost-recovery actions, plus successors acquiring businesses or sites with legacy PFAS use. Because CERCLA liability attaches at the release level and can reach current owners, corporate transaction diligence and post-closing indemnity structuring remain central workstreams.

…

pfascerclahazardous-substancesdc-circuitenvironmental-liabilitycost-recoverychemical-regulation
Read the full dispatch →
Dorsey & Whitney+ Expand
EPA Final Rule Curbs Title V Re-Litigation of NSR Permits

EPA's September 25, 2026 final rule would sharply limit how third parties can use Clean Air Act Title V permitting to reopen New Source Review determinations.

On September 25, 2026, the U.S. Environmental Protection Agency published a final rule that significantly limits the ability of third parties to use the Clean Air Act Title V permitting process to revisit New Source Review determinations.

Why sophisticated counsel should care: Title V permits are the standard vehicle industry groups, environmental organizations and states have long used to revisit NSR conclusions years after the original pre-construction permit — the classic route for neighbors or challengers to argue that a new or modified source triggered avoidable or unlawful emission increases. A rule that narrows that pathway reshapes litigation leverage around pending and future permit challenges, not just those in the rulemaking docket.

…

epaclean-air-acttitle-vnew-source-reviewpermittingenvironmental-regulationadministrative-law
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04 — FINANCIAL REGULATION3
Ballard Spahr+ Expand
California Introduces AB 2116 Licensing for Commercial Financiers

The new measure, signed Sept. 30, expands licensing duties, imposing stricter compliance on commercial financing providers and brokers across the state.

California’s newly enacted Assembly Bill 2116 expands the state’s oversight of the commercial financing sector by imposing licensing requirements on a broad spectrum of finance providers and brokers. Signed into law on September 30, the bill defines qualified entities—including in‑house financing units, independent broker firms, and outsourcing arrangements—and mandates that each obtain a license from the Department of Financial Protection and Innovation. Compliance will involve background checks, financial disclosures, and ongoing record‑keeping, with the state setting up a monitoring program and enforcement penalties for non‑compliance. For firms representing U.S. and foreign clients that engage in lending or structured finance in California, the rule necessitates a rapid review of current licensing status and the implementation of new compliance protocols. Anticipated changes also extend to capital‑based assistance advisors, who must now register and comply with disclosure requirements. The law stipulates a 90‑day window for applying, with provisions for exemptions and special arr

…

california-regulationcommercial-financingab-2116licensing-requirementsfinancial-services
Read the full dispatch →
Goodwin Procter+ Expand
Oregon Court Vacates CFPB Director's Bid to Zero Out State Fund Transfers

A federal district court in Oregon granted partial summary judgment to 22 states and D.C. in State of New York v. Vought, No. 6:25-cv-02384-AA (D. Or.), rejecting the CFPB Director's bid to void state funding transfers.

On September 25, 2026, the U.S. District Court for the District of Oregon granted partial summary judgment to a coalition of twenty-two states and the District of Columbia in State of New York v. Vought, No. 6:25-cv-02384-AA (D. Or.), declining to zero out funds those states had transferred to the Consumer Financial Protection Bureau. The ruling rejects the CFPB Director's bid to treat payments from state regulators to the bureau as voidable, touching the scope of federal preemption as applied to cooperative funding arrangements between state agencies and a federal regulator. The reported disposition appears partial, so the fate of remaining claims is unclear on available reporting.

…

cfpbstate-funding-disputepreemptionconsumer-finance-enforcementmultistate-attorneys-generaldocket-6-25-cv-02384
Read the full dispatch →
King & Spalding+ Expand
SEC Proposes Overhaul of Advisers Act Custody Rule for Crypto Assets

The SEC's October 1, 2026 proposal would substantially rewrite the registered investment adviser custody rule and amend the Investment Company Act to address digital assets, reshaping how advisers safeguard client crypto holdings.

On October 1, 2026 the SEC proposed rules and amendments under the Investment Advisers Act of 1940 and the Investment Company Act of 1940 that would materially revise the adviser custody framework as applied to digital assets. Reporting indicates the proposal makes sweeping changes to the existing custody rule — the requirement that advisers holding client securities maintain them with a qualified custodian in a segregated account subject to reasonable verification.

Several obligations intersect here: which custodians qualify, how client property is held and verified, and how advisers address assets for which a qualified custodian may not exist. Comment deadlines, transition periods and any grandfathering are the operative details to extract from the releasing text, which is not in the available source material.

…

sec-custody-ruleinvestment-advisers-actcrypto-custodyasset-managementinvestment-company-actcomment-perioddigital-assets
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05 — HEALTHCARE2
King & Spalding+ Expand
CMS Finalizes GLOBE Model Tying Part B Drug Payments to Foreign Prices

CMS-5545-F implements the mandatory GLOBE model under SSA section 1115A, benchmarking Medicare Part B drug payments against international reference prices.

What happened: On September 30, 2026, CMS issued final rule CMS-5545-F at 42 C.F.R. Part 513, implementing the Global Benchmark for Efficient Drug Pricing (GLOBE) Model — a mandatory Medicare payment model authorized under Social Security Act section 1115A. The framework ties Part B drug payment amounts to international reference benchmarks rather than domestic pricing alone.

Why sophisticated counsel and clients care: Part B covers physician-administered and certain infused biologics and oncology drugs, so a benchmarking mechanism anchored to foreign prices touches reimbursement planning, pricing and rebate compliance, government price reporting, and distribution arrangements for a broad set of manufacturer and provider clients. A mandatory model, rather than a voluntary demonstration, also raises operational questions — contract terms, chargeback and rebate mechanics, and internal controls across pricing, finance and compliance teams — and how the model interacts with existing Medicare negotiation authorities and ASP-based payment methodologies. The broader signal is a continued f

…

cms-final-rulemedicare-part-binternational-reference-pricingdrug-pricingsection-1115arebateshealthcare-reimbursement
Read the full dispatch →
Goodwin Procter+ Expand
Eleventh Circuit Adopts Fifth Circuit's Knowledge Standard for AKS Scienter

The Eleventh Circuit affirmed AKS convictions in United States v. Chun, adopting the Fifth Circuit's knowledge formulation of the statute's scienter requirement and clarifying what the prosecution must prove.

On August 18, 2026, the Eleventh Circuit affirmed two defendants' convictions and sentences for violating the federal Anti-Kickback Statute in United States v. Chun, adopting the Fifth Circuit's knowledge standard for the AKS's scienter requirement. The decision matters because the AKS reaches broadly through its referral-source and remuneration provisions, and the scienter showing is a principal defense line in prosecutions involving pharmaceutical manufacturers, distributors, and physicians.

Two points drive the practical significance. First, alignment with the Fifth Circuit reduces forum-dependent variation and gives defense counsel a more settled map when weighing where a case will be litigated. Second, because the AKS is effectively strict liability in form, the knowledge requirement is a recurring battleground, and a clarified standard on that element affects what the government must prove at trial and on appeal.

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anti-kickback-statuteeleventh-circuitscienterhealthcare-fraudwhite-collar-prosecutionsreferral-arrangements
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06 — IP / PATENT1
Perkins Coie+ Expand
Third Circuit Affirms Copyright on Westlaw Headnotes

The court rejects a fair‑use defense, ruling Westlaw headnotes are protected works.

On Sept. 29, 2026 the Third Circuit affirmed the District Court’s partial summary judgment that Westlaw headnotes are copyrightable. In Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence, the panel held the short legal summaries attached to Westlaw cases fall outside the narrow fair‑use exception for commentary or criticism, making unlicensed use in client filings or internal documents infringing. The decision does not invalidate the use of Westlaw for research itself, but it bars firms from reproducing or incorporating headnotes without a license. Law practitioners should audit all Westlaw-derived content in pleadings, briefs and discovery to ensure compliance, and consider drafting custom headnote‑style notes under their own copyright. The ruling may serve as precedent for future disputes over copyright in research metadata, prompting a reassessment of how firms treat and license such ancillary content.

copyrightwestlawheadnotesfair-usethird-circuit
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07 — REGULATORY / GOVERNMENT1
Pillsbury Winthrop Shaw Pittman+ Expand
DOJ Issues New Fraud Directive Prioritizing Corporate Self‑Disclosure

The Justice Department’s Fraud Division released Directive 26‑12, outlining a new framework that rewards early corporate transparency in fraud investigations.

NFED’s Directive 26‑12, published October 1, 2026, redefines corporate fraud enforcement by focusing on key policy areas—finance, consumer protection, data security—and introduces a self‑disclosure incentive that can reduce penalties for companies reporting misconduct early. The policy states that voluntary disclosures made within two months of detection may qualify for a penalty credit or waivers, depending on cooperation level and case severity. It also specifies investigative procedures and evidentiary standards that firms must follow. Commercial law practitioners should advise clients to tighten internal reporting systems, document potential red flags, and conduct timely investigations to meet these new thresholds. The directive signals a broader DOJ appetite for corporate cooperation, which may shape future litigation strategies in antitrust and securities, and requires firms to update compliance playbooks and counsel training accordingly.

dojnfedself-disclosurefraud-policycorporate-compliance
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08 — SECURITIES / CAPITAL MARKETS1
Ropes & Gray+ Expand
SEC Report Addresses 13(d) Group Treatment for Multistakeholder Engagement

The SEC's October 7, 2026 report of investigation signals how activist and collaborative investor engagement with external organizations could trigger beneficial-ownership group status under Section 13(d).

The SEC issued a report of investigation on October 7, 2026 addressing when an investor's engagement with a multistakeholder initiative could cause that investor to be treated as part of a "group" for Section 13(d) beneficial ownership purposes. The framing is deliberately broader than ESG: it reaches collaborative engagement mechanisms generally, which is why securities lawyers expect issuers and investors to revisit how governance and sustainability dialogue is structured.

Why sophisticated counsel should care: Section 13(d) group status carries real consequences — disclosure obligations, activist tactics, and deal dynamics for issuers, directors, and hedge funds alike. A report of investigation also signals enforcement posture, and the "further re-evaluation" language implies that issuers and investors who have already been designing engagement practices should audit them again.

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sec-13dbeneficial-ownershipinvestor-engagementactivist-investorsesgsec-enforcement
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09 — TECHNOLOGY / AI1
Cooley+ Expand
FCC Votes Oct. 29 on Restricting Device Test Labs to US and MRA Partners

The FCC votes October 29 on rules confining RF device testing, certification and lab accreditation to the US and MRA partner economies, with a December 1, 2028 cutoff and no waiver process.

On October 29 the FCC will vote on a Third Report and Order and FNPRM confining equipment authorization testing, certification and accreditation to the US and territories of economies with a US Mutual Recognition Agreement or comparable reciprocal arrangement. The bar on recognising non-MRA test labs, TCBs and accreditation bodies would apply to applications filed on or after December 1, 2028; earlier grants and pending applications are unaffected.

The rules reach past location: a TCB could not evaluate applications, make certification decisions or conduct post-market surveillance from a nonreciprocal economy, labs could not run tests there, and accreditation bodies could not accredit labs. Pre-compliance and R&D testing not relied on in a certification application falls outside the restriction. The FCC declined any waiver or case-by-case exception process, so individual relief should not be assumed.

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fccequipment-authorizationtest-labstelecommunications-certificationsupply-chainnational-securityrulemakingiot-devices
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10 — OTHER1
Jackson Lewis+ Expand
AI Amplifies Trade Secret Risks in Entertainment Industries

Generative AI tools route unreleased scripts, schedules, and proprietary data into hidden prompt histories, threatening to leak trade secrets traditionally protected by contracts and secrecy.

Entertainment firms rely on secrecy to protect creative assets. As workers use generative AI, confidential material can be unintentionally ingested or outputted by third‑party platforms, exposing trade secrets. The guide outlines an AI‑aware confidentiality framework: vet AI platforms, update NDAs to cover AI submissions, enforce access controls, provide AI‑specific training, conduct vendor diligence, and strengthen off‑boarding to review prompt histories. In states like California with limited non‑competes, robust trade secret safeguards become essential. Firms should treat AI as a data processing actor, embed protections in AI governance, and monitor vendor terms as the technology evolves. Additionally, firms should periodically audit AI platform agreements for data retention clauses, and consider on‑premise AI solutions for highly sensitive workflows. Legal counsel should review any AI‑generated content as potential trade secret material and incorporate data handling controls into contract language with vendors. Monitoring the evolving regulatory landscape around AI data use will

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ai-trade-secret-protectiongenerative-aientertainment-industryconfidentiality-governance
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Also noted

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

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