DROPLETS
A survey of California's 2026 enacted employment bills sets 2027 deadlines for AI hiring decisions, workplace surveillance, repayment clauses, arbitration, discrimination definitions and immigration retaliation.
K&L Gates' year-end summary of California's 2026 legislative session maps the employment bills enacted this year — most with 1 January 2027 effective dates — and the operational steps they require. SB 947 (the "No Robo Bosses Act") bars relying on automated decision systems to infer protected status or to discipline or terminate without meaningful human review and written notice, from 1 July 2027; SB 951 adds technology-displacement detail to Cal-WARN notices; AB 1883 and AB 1331 restrict AI-powered workplace surveillance, including inferring emotional state, collecting neural data and monitoring bathrooms, with civil penalties up to US$500 per violation. AB 2563 standardizes one expanded definition of sex discrimination, AB 2495 broadens immigration-related retaliation protection with penalties up to US$10,000 per violation, and AB 2155 limits California arbitration enforcement where the FAA would not. AB 1803 anti-hate speech training and SB 1237's raised pay-data reporting penalties start in 2028, with AB 1803's undefined "hate speech" standard awaiting Civil Rights Department gui
…
California's approval of CARB's initial SB 253 regulation effective October 12, 2026 sets a November 10 filing date for Scope 1 and 2 emissions, with a fee framework, updated guidance and a voluntary submission portal now in place.
Per an Akin Gump client alert, the California Office of Administrative Law has approved CARB's initial regulation implementing SB 253, effective October 12, 2026. The rule, originally adopted by CARB in February, establishes an initial fee framework and formalizes November 10, 2026 as the first reporting deadline for Scope 1 and Scope 2 greenhouse gas data; Scope 3 reporting is scheduled to begin in 2027. SB 253 generally reaches U.S.-based companies with more than $1 billion in annual revenues that do business in California. CARB has opened a voluntary online submission platform for contact details and Scope 1 and 2 reports, with email as an alternative, published updated reporting guidance in September 2026, and issued reminder letters to potentially covered entities.
…
The SEC leveled fraud charges against two separate clusters of crypto operators alleged to have siphoned more than $15 million from retail investors via a WhatsApp‑linked platform.
On September 29 2026 the Securities and Exchange Commission announced criminal charges against two groups engaged in a WhatsApp‑based scheme that lured retail investors into a cryptocurrency transfer scam, stealing over $15 million. The DOJ alleges the operators promised high‑yield crypto tokens through a closed‑group messaging platform, using pseudonymous accounts and obfuscating transaction records to evade detection. The action signifies the SEC’s expanding focus on crypto‑related fraud that exploits unregulated messaging channels. Firms operating in crypto, including token issuers, exchanges, and wallet providers, should re‑review their KYC and AML controls, particularly regarding communications via third‑party messaging apps. Compliance teams must ensure that any promotional or sales outreach through such channels complies with securities regulations and that robust transaction monitoring is in place. Clients are advised to assess whether their current due‑diligence protocols are sufficient to detect similar schemes and to tighten controls on offshore and anonymous wallets that
…
An immediately effective DHS interim final rule cut the window to answer a Notice of Intent to Terminate refugee status from 30 days to 10, landing alongside a companion rule ending automatic EAD extensions for refugees and asylees.
Two federal actions reported on Oct. 14, 2026 tighten refugee protections. DHS's interim final rule (91 Fed. Reg. 65077), effective immediately, amends 8 C.F.R. 207.9 to cut from 30 to 10 calendar days the time to respond to a Notice of Intent to Terminate; comments are due Nov. 13, 2026 (Docket USCIS-2026-0397). DHS cites INA 207(c)(4) and says termination is available only before adjustment to permanent residence. Notices go by tracked express delivery and the clock runs from the mailing date, so DHS calculates a 13-day window in practice, though the clock may start before the recipient understands the notice. Requesting an interview counts as a timely response; missing the deadline forfeits the right to rebut, and there is no appeal, leaving removal proceedings under INA 235, 240 or 241 as the fallback. A companion USCIS final rule (91 Fed. Reg. 65306) ends the up-to-540-day automatic EAD extension for (a)(3) and (a)(5) renewals filed on or after Oct. 30, 2025, so a refugee whose EAD lapses during renewal can no longer rely on a receipt notice, creating Form I-9 reverification fri
…
In Bolton v. Inland Fresh Seafood, the full Eleventh Circuit overruled its 1985 Mason precedent, holding ERISA contains no administrative exhaustion requirement for statutory claims such as breach of fiduciary duty and retaliation.
On October 13, 2026, the U.S. Court of Appeals for the Eleventh Circuit, sitting as a full court with Judge Adalberto Jordan writing, overruled Mason v. Continental Group, Inc., 763 F.2d 1219 (11th Cir. 1985) and held that ERISA itself contains no administrative exhaustion requirement for statutory claims. The court described the prior rule as "an atextual product of judicial creation based solely on policy reasons" and reasoned that courts cannot add to or subtract from statutory text; it also noted the Third, Fourth, Fifth, Sixth, Ninth, Tenth and D.C. Circuits have already rejected exhaustion for statutory ERISA claims, with the Seventh Circuit addressing it only on a discretionary basis. The holding applies retroactively. Importantly, the decision does not disturb exhaustion for claims for plan benefits; it removes the internal-appeals prerequisite for statutory claims such as breach of fiduciary duty and retaliation. For employers and plan sponsors in Alabama, Florida and Georgia, two steps follow: expect more ERISA fiduciary-duty and retaliation suits that previously had to cle
…
The SEC's October 15, 2026 staff interpretations ease S-8 and Rule 701 burdens for pre-IPO awards, assumed awards of former service providers, pre-vest S-8 filings, fee calculations and Form 4 timing.
On October 15, 2026, the SEC staff issued new and revised Corporation Finance Interpretations (CFIs) that ease equity compensation registration and reporting burdens. New CFI 271.28 confirms that shares underlying pre-IPO compensatory awards granted in reliance on Rule 701, Regulation D or Section 4(a)(2) may be registered on Form S-8 after the IPO, removing resale and stock-plan platform problems that previously required a resale Form S-8 for restricted stock and RSUs granted or vesting within a year of an IPO. New CFI 271.29, echoed in revised CFI 126.14, extends S-8 and Rule 701 availability to awards held by former service providers of an acquired target — a perennial M&A problem. CFI 126.47 treats S-8 filings as timely for restricted stock and RSUs filed before vesting (previously options only), letting issuers avoid re-registering shares returned to the plan from forfeitures. New CFIs 240.19, 126.46 and 126.19 streamline registration fee computation, including Rule 457(o) aggregate-dollar calculations and net share counting for 401(k) plans. CFI 135.05 clarifies that the Form 4
…
The SEC's Release No. 34-106402 exempts secondary trading of tokenized NMS stocks through permissioned AMMs and liquidity pools for five years, potentially reaching the stock of most major US public companies.
The SEC has issued an order and request for comment (Release No. 34-106402) creating a five-year, time-limited framework under which tokenized national market system (NMS) stocks may trade in the secondary market through permissioned automated market makers and liquidity pools. Because nearly every stock listed on the New York Stock Exchange or Nasdaq is an NMS stock, the order is potentially applicable to the equity of most major US public companies, not merely crypto-native issuers. Sophisticated counsel should care for at least three reasons. First, issuers may confront new disclosure, recordkeeping, and shareholder-protection questions once their shares exist in tokenized form and sit in on-chain liquidity venues. Second, the exemptive conditions and permissible participants will determine which trading venues, custodians, and broker-dealers can build compliant rails, and therefore how this order lands against the existing exchange-registered framework. Third, the request-for-comment stage is the practical window to shape those conditions. The next developments to watch are the c
…
SDNY's civil forfeiture complaint targets roughly $61 million in Tether (USDT) stablecoins alleged to be proceeds of Iranian oil sales, a notable intersection of digital-asset custody and sanctions enforcement.
SDNY filed a civil forfeiture complaint on Sept. 14, 2026 seeking approximately $61 million in Tether (USDT) stablecoins, alleging the funds are proceeds of crime connected to Iranian oil sales. The action is notable in two respects: it targets a large block of stablecoin balances rather than bank accounts or physical assets, and the underlying conduct concerns a heavily sanctioned commodity trade. For digital-asset clients, the case bears on how the U.S. government unwinds stablecoin holdings it asserts are criminal proceeds — through court-ordered forfeiture, administrative processes or negotiated transfers — and on the tracing, commingling and segregation questions issuers, exchanges and custodians will face. Sanctions, financial-crime and market-conduct teams should also read it as a template for linking on-chain settlement to sanctioned counterparties and Iranian oil channels. Watch for the response deadline, any third-party claims of superior rights to the seized tokens, and whether the complaint is amended to add entities, wallets or additional assets. Detail is limited to a s
…
Haynes and Boone reports that the en banc Eleventh Circuit, in Bolton v. Inland Fresh Seafood Corp. of America, overruled its long-standing rule forcing plaintiffs to exhaust internal plan procedures before suing on statutory ERISA claims.
According to a Haynes and Boone client alert, the en banc Eleventh Circuit overruled circuit precedent requiring plaintiffs to exhaust a plan's internal claims and appeals procedures before bringing statutory ERISA claims. For employers, plan sponsors, insurers, and third-party administrators with operations in the Eleventh Circuit, the immediate consequence is that a statutory claim can reach court without a completed internal remedy cycle, which changes the timing and cost profile of benefits litigation and may affect the sequencing of administrative and judicial proceedings. For plan documents, the decision may matter to how internal claim and appeal provisions are drafted, administered, and relied upon, and to how defense counsel responds to suits that arrive without an adverse benefits determination.
…
California's COMPETE Act extends the Cartwright Act to single-firm monopolization and monopsony from January 1, 2027, but only prosecutors can sue and there is no private right of action.
On September 30, 2026, Governor Newsom signed AB 1776, the COMPETE Act, adding Business and Professions Code Sections 16730 through 16732 and, for the first time in California, extending the Cartwright Act to monopolization and monopsonization by a single firm, effective January 1, 2027. The enacted text is materially narrower than the Law Revision Commission's proposal: there is no private right of action and a Cartwright Act violation cannot be used as an Unfair Competition Law predicate, so only the Attorney General or a district attorney may sue. Section 16731 tracks Sherman Act Section 2, requires proof of substantial market power, and directs courts to the In Re Cipro framework, while federal law is now "at most instructive." Cartwright Act civil penalties of up to $1 million per violation plus mandatory restorative injunctions are available, and the express monopsony language points to single-employer conduct in labor markets, with a small-business and supervised-agency carve-out. Counsel should assess dominance and buyer-side concentration in California-facing operations now,
…
MOFCOM and MOST jointly proposed October additions to China's Catalogue of Technologies Prohibited or Restricted from Export, signalling tighter outbound controls on biotech know-how and affecting licensing and M&A diligence.
China's Ministry of Commerce and Ministry of Science and Technology issued a joint announcement consulting on additions to the Catalogue of Technologies Prohibited or Restricted from Export, with the October 16 batch covering biotechnology-related items. The article describes a consultation-stage proposal, not a final rule, and the specific technology descriptions and scope are not detailed in the source material available here.
Why sophisticated counsel should care: China has been steadily narrowing what technical data and know-how may lawfully leave the country. For clients in life sciences the exposure is threefold — outbound transfer of platform technology or process data to overseas affiliates, partners or CDMOs; licensing of China-sourced technology to foreign licensees, including downstream sublicensing; and valuation and risk allocation in acquisitions of China-based biotech targets, where a catalogue listing can impair an acquirer's ability to commercialise or integrate assets after closing. Change-of-control provisions, closing conditions and export-compliance representati
…
California's approval of CARB's initial SB 253 regulation effective October 12, 2026 sets a November 10 filing date for Scope 1 and 2 emissions, with a fee framework, updated guidance and a voluntary submission portal now in place.
Per an Akin Gump client alert, the California Office of Administrative Law has approved CARB's initial regulation implementing SB 253, effective October 12, 2026. The rule, originally adopted by CARB in February, establishes an initial fee framework and formalizes November 10, 2026 as the first reporting deadline for Scope 1 and Scope 2 greenhouse gas data; Scope 3 reporting is scheduled to begin in 2027. SB 253 generally reaches U.S.-based companies with more than $1 billion in annual revenues that do business in California. CARB has opened a voluntary online submission platform for contact details and Scope 1 and 2 reports, with email as an alternative, published updated reporting guidance in September 2026, and issued reminder letters to potentially covered entities.
…
California's COMPETE Act extends the Cartwright Act to single-firm monopolization and monopsony from January 1, 2027, but only prosecutors can sue and there is no private right of action.
On September 30, 2026, Governor Newsom signed AB 1776, the COMPETE Act, adding Business and Professions Code Sections 16730 through 16732 and, for the first time in California, extending the Cartwright Act to monopolization and monopsonization by a single firm, effective January 1, 2027. The enacted text is materially narrower than the Law Revision Commission's proposal: there is no private right of action and a Cartwright Act violation cannot be used as an Unfair Competition Law predicate, so only the Attorney General or a district attorney may sue. Section 16731 tracks Sherman Act Section 2, requires proof of substantial market power, and directs courts to the In Re Cipro framework, while federal law is now "at most instructive." Cartwright Act civil penalties of up to $1 million per violation plus mandatory restorative injunctions are available, and the express monopsony language points to single-employer conduct in labor markets, with a small-business and supervised-agency carve-out. Counsel should assess dominance and buyer-side concentration in California-facing operations now,
…
A survey of California's 2026 enacted employment bills sets 2027 deadlines for AI hiring decisions, workplace surveillance, repayment clauses, arbitration, discrimination definitions and immigration retaliation.
K&L Gates' year-end summary of California's 2026 legislative session maps the employment bills enacted this year — most with 1 January 2027 effective dates — and the operational steps they require. SB 947 (the "No Robo Bosses Act") bars relying on automated decision systems to infer protected status or to discipline or terminate without meaningful human review and written notice, from 1 July 2027; SB 951 adds technology-displacement detail to Cal-WARN notices; AB 1883 and AB 1331 restrict AI-powered workplace surveillance, including inferring emotional state, collecting neural data and monitoring bathrooms, with civil penalties up to US$500 per violation. AB 2563 standardizes one expanded definition of sex discrimination, AB 2495 broadens immigration-related retaliation protection with penalties up to US$10,000 per violation, and AB 2155 limits California arbitration enforcement where the FAA would not. AB 1803 anti-hate speech training and SB 1237's raised pay-data reporting penalties start in 2028, with AB 1803's undefined "hate speech" standard awaiting Civil Rights Department gui
…
In Bolton v. Inland Fresh Seafood, the full Eleventh Circuit overruled its 1985 Mason precedent, holding ERISA contains no administrative exhaustion requirement for statutory claims such as breach of fiduciary duty and retaliation.
On October 13, 2026, the U.S. Court of Appeals for the Eleventh Circuit, sitting as a full court with Judge Adalberto Jordan writing, overruled Mason v. Continental Group, Inc., 763 F.2d 1219 (11th Cir. 1985) and held that ERISA itself contains no administrative exhaustion requirement for statutory claims. The court described the prior rule as "an atextual product of judicial creation based solely on policy reasons" and reasoned that courts cannot add to or subtract from statutory text; it also noted the Third, Fourth, Fifth, Sixth, Ninth, Tenth and D.C. Circuits have already rejected exhaustion for statutory ERISA claims, with the Seventh Circuit addressing it only on a discretionary basis. The holding applies retroactively. Importantly, the decision does not disturb exhaustion for claims for plan benefits; it removes the internal-appeals prerequisite for statutory claims such as breach of fiduciary duty and retaliation. For employers and plan sponsors in Alabama, Florida and Georgia, two steps follow: expect more ERISA fiduciary-duty and retaliation suits that previously had to cle
…
Haynes and Boone reports that the en banc Eleventh Circuit, in Bolton v. Inland Fresh Seafood Corp. of America, overruled its long-standing rule forcing plaintiffs to exhaust internal plan procedures before suing on statutory ERISA claims.
According to a Haynes and Boone client alert, the en banc Eleventh Circuit overruled circuit precedent requiring plaintiffs to exhaust a plan's internal claims and appeals procedures before bringing statutory ERISA claims. For employers, plan sponsors, insurers, and third-party administrators with operations in the Eleventh Circuit, the immediate consequence is that a statutory claim can reach court without a completed internal remedy cycle, which changes the timing and cost profile of benefits litigation and may affect the sequencing of administrative and judicial proceedings. For plan documents, the decision may matter to how internal claim and appeal provisions are drafted, administered, and relied upon, and to how defense counsel responds to suits that arrive without an adverse benefits determination.
…
California's approval of CARB's initial SB 253 regulation effective October 12, 2026 sets a November 10 filing date for Scope 1 and 2 emissions, with a fee framework, updated guidance and a voluntary submission portal now in place.
Per an Akin Gump client alert, the California Office of Administrative Law has approved CARB's initial regulation implementing SB 253, effective October 12, 2026. The rule, originally adopted by CARB in February, establishes an initial fee framework and formalizes November 10, 2026 as the first reporting deadline for Scope 1 and Scope 2 greenhouse gas data; Scope 3 reporting is scheduled to begin in 2027. SB 253 generally reaches U.S.-based companies with more than $1 billion in annual revenues that do business in California. CARB has opened a voluntary online submission platform for contact details and Scope 1 and 2 reports, with email as an alternative, published updated reporting guidance in September 2026, and issued reminder letters to potentially covered entities.
…
The SEC leveled fraud charges against two separate clusters of crypto operators alleged to have siphoned more than $15 million from retail investors via a WhatsApp‑linked platform.
On September 29 2026 the Securities and Exchange Commission announced criminal charges against two groups engaged in a WhatsApp‑based scheme that lured retail investors into a cryptocurrency transfer scam, stealing over $15 million. The DOJ alleges the operators promised high‑yield crypto tokens through a closed‑group messaging platform, using pseudonymous accounts and obfuscating transaction records to evade detection. The action signifies the SEC’s expanding focus on crypto‑related fraud that exploits unregulated messaging channels. Firms operating in crypto, including token issuers, exchanges, and wallet providers, should re‑review their KYC and AML controls, particularly regarding communications via third‑party messaging apps. Compliance teams must ensure that any promotional or sales outreach through such channels complies with securities regulations and that robust transaction monitoring is in place. Clients are advised to assess whether their current due‑diligence protocols are sufficient to detect similar schemes and to tighten controls on offshore and anonymous wallets that
…
The SEC's Release No. 34-106402 exempts secondary trading of tokenized NMS stocks through permissioned AMMs and liquidity pools for five years, potentially reaching the stock of most major US public companies.
The SEC has issued an order and request for comment (Release No. 34-106402) creating a five-year, time-limited framework under which tokenized national market system (NMS) stocks may trade in the secondary market through permissioned automated market makers and liquidity pools. Because nearly every stock listed on the New York Stock Exchange or Nasdaq is an NMS stock, the order is potentially applicable to the equity of most major US public companies, not merely crypto-native issuers. Sophisticated counsel should care for at least three reasons. First, issuers may confront new disclosure, recordkeeping, and shareholder-protection questions once their shares exist in tokenized form and sit in on-chain liquidity venues. Second, the exemptive conditions and permissible participants will determine which trading venues, custodians, and broker-dealers can build compliant rails, and therefore how this order lands against the existing exchange-registered framework. Third, the request-for-comment stage is the practical window to shape those conditions. The next developments to watch are the c
…
An immediately effective DHS interim final rule cut the window to answer a Notice of Intent to Terminate refugee status from 30 days to 10, landing alongside a companion rule ending automatic EAD extensions for refugees and asylees.
Two federal actions reported on Oct. 14, 2026 tighten refugee protections. DHS's interim final rule (91 Fed. Reg. 65077), effective immediately, amends 8 C.F.R. 207.9 to cut from 30 to 10 calendar days the time to respond to a Notice of Intent to Terminate; comments are due Nov. 13, 2026 (Docket USCIS-2026-0397). DHS cites INA 207(c)(4) and says termination is available only before adjustment to permanent residence. Notices go by tracked express delivery and the clock runs from the mailing date, so DHS calculates a 13-day window in practice, though the clock may start before the recipient understands the notice. Requesting an interview counts as a timely response; missing the deadline forfeits the right to rebut, and there is no appeal, leaving removal proceedings under INA 235, 240 or 241 as the fallback. A companion USCIS final rule (91 Fed. Reg. 65306) ends the up-to-540-day automatic EAD extension for (a)(3) and (a)(5) renewals filed on or after Oct. 30, 2025, so a refugee whose EAD lapses during renewal can no longer rely on a receipt notice, creating Form I-9 reverification fri
…
SDNY's civil forfeiture complaint targets roughly $61 million in Tether (USDT) stablecoins alleged to be proceeds of Iranian oil sales, a notable intersection of digital-asset custody and sanctions enforcement.
SDNY filed a civil forfeiture complaint on Sept. 14, 2026 seeking approximately $61 million in Tether (USDT) stablecoins, alleging the funds are proceeds of crime connected to Iranian oil sales. The action is notable in two respects: it targets a large block of stablecoin balances rather than bank accounts or physical assets, and the underlying conduct concerns a heavily sanctioned commodity trade. For digital-asset clients, the case bears on how the U.S. government unwinds stablecoin holdings it asserts are criminal proceeds — through court-ordered forfeiture, administrative processes or negotiated transfers — and on the tracing, commingling and segregation questions issuers, exchanges and custodians will face. Sanctions, financial-crime and market-conduct teams should also read it as a template for linking on-chain settlement to sanctioned counterparties and Iranian oil channels. Watch for the response deadline, any third-party claims of superior rights to the seized tokens, and whether the complaint is amended to add entities, wallets or additional assets. Detail is limited to a s
…
MOFCOM and MOST jointly proposed October additions to China's Catalogue of Technologies Prohibited or Restricted from Export, signalling tighter outbound controls on biotech know-how and affecting licensing and M&A diligence.
China's Ministry of Commerce and Ministry of Science and Technology issued a joint announcement consulting on additions to the Catalogue of Technologies Prohibited or Restricted from Export, with the October 16 batch covering biotechnology-related items. The article describes a consultation-stage proposal, not a final rule, and the specific technology descriptions and scope are not detailed in the source material available here.
Why sophisticated counsel should care: China has been steadily narrowing what technical data and know-how may lawfully leave the country. For clients in life sciences the exposure is threefold — outbound transfer of platform technology or process data to overseas affiliates, partners or CDMOs; licensing of China-sourced technology to foreign licensees, including downstream sublicensing; and valuation and risk allocation in acquisitions of China-based biotech targets, where a catalogue listing can impair an acquirer's ability to commercialise or integrate assets after closing. Change-of-control provisions, closing conditions and export-compliance representati
…
The SEC's October 15, 2026 staff interpretations ease S-8 and Rule 701 burdens for pre-IPO awards, assumed awards of former service providers, pre-vest S-8 filings, fee calculations and Form 4 timing.
On October 15, 2026, the SEC staff issued new and revised Corporation Finance Interpretations (CFIs) that ease equity compensation registration and reporting burdens. New CFI 271.28 confirms that shares underlying pre-IPO compensatory awards granted in reliance on Rule 701, Regulation D or Section 4(a)(2) may be registered on Form S-8 after the IPO, removing resale and stock-plan platform problems that previously required a resale Form S-8 for restricted stock and RSUs granted or vesting within a year of an IPO. New CFI 271.29, echoed in revised CFI 126.14, extends S-8 and Rule 701 availability to awards held by former service providers of an acquired target — a perennial M&A problem. CFI 126.47 treats S-8 filings as timely for restricted stock and RSUs filed before vesting (previously options only), letting issuers avoid re-registering shares returned to the plan from forfeitures. New CFIs 240.19, 126.46 and 126.19 streamline registration fee computation, including Rule 457(o) aggregate-dollar calculations and net share counting for 401(k) plans. CFI 135.05 clarifies that the Form 4
…
Grade 3 — worth a glance, not the full analysis.
- DHS Move on Ukraine and Sudan TPS Raises Timing Questions
Seyfarth Shaw flags that Temporary Protected Status for Ukraine and Sudan was set to expire on October 19, 2026, and that DHS's step mirrors its recent approach to El Salvador.
- FCA Consults on Gold Tokenisation for UK Wholesale Markets
The UK Financial Conduct Authority has issued a Call for Input on gold tokenisation, part of its joint work with the Bank of England on tokenised assets in UK wholesale financial markets.
- DOL Withdraws Opinion Letters Behind 80/20 Tipped-Employee Rule
DOL Field Assistance Bulletin 2026-1 formally withdraws the 1979, 1980 and 1985 opinion letters that created the 80/20 rule, leaving the 1967 dual-jobs regulation as the operative guidance on tip credits.
- USCIS: Ukraine and Sudan TPS Work Authorization Continues Pending Announcement
USCIS updated its TPS pages on October 19, 2026 to confirm that Ukrainian and Sudanese beneficiaries retain protection and work authorization despite the scheduled expiration, pending a further announcement.
- Senate Democrats and State AGs Press Scrutiny on Data Centers
With federal AI and data-center legislation stalled, three Senate Democrats released an investigative report on data centers and state attorneys general are pursuing their own scrutiny.
- FDA Finalizes Q&A on Postapproval Manufacturing Changes for Biosimilars
FDA's final Q&A guidance, announced October 13, 2026, sets out how sponsors must assess and report postapproval manufacturing changes to biosimilar and interchangeable biosimilar products.
- C-PACE Assessment Debt Finds a Niche in Data Center Capital Stacks
Katten's Commercial Observer piece shows property-tax assessment debt funding a $100 million Missouri and $40 million Texas data center project, with eligibility program-specific and C-PACE liens potentially priming mortgage lenders.
- CMS Proposes Rule Implementing CAA Medicare Provisions
CMS released an October 16, 2026 proposed rule implementing three sections of the Consolidated Appropriations Act of 2026 on Medicare — a development healthcare regulatory counsel should track through notice and comment.
- HRSA Clears 10 Manufacturers for 340B Rebate Pilot Launching Jan. 1, 2027
HRSA has approved implementation plans for ten manufacturers in its revived 340B rebate pilot starting January 1, 2027, while renewed litigation challenges the program's revised rules.
- Holland & Knight Maps NYC's Affordable Housing Fast-Track Approvals
Part two of the firm's client alert extends a July 2026 analysis of the four components of the affordable housing fast-track approval ecosystem New York City built through its November 2025 Charter amendments.
- Teva and Samsung Bioepis Expand Deal to Six Biosimilar Candidates
Teva and Samsung Bioepis announced a global license, development and commercialization agreement covering up to six potential biosimilar candidates, widening an existing biosimilar partnership.
- ESOP 'Adequate Consideration' Test Draws Fresh Scrutiny Under ERISA
Seyfarth Shaw's analysis revisits how ESOP fiduciaries must establish that the price paid for closely held stock amounts to "adequate consideration" under ERISA, a standard the firm says has left the ESOP world uncertain for years.
- Mayer Brown Maps Proposed EU Technological Sovereignty Package
A Mayer Brown client alert dissects the proposed EU technological sovereignty package and European Innovation Act, outlining what companies building technology in Europe should track as the proposal advances.
- Germany's FDI Screening Moves Into a Standalone Investment Screening Act
Germany is consolidating its foreign investment screening rules from the Foreign Trade and Payments Act into a standalone Investitionsprüfungsgesetz (IPG), reshaping notification and clearance steps for M&A practitioners.
- Tokyo District Court decides AI voice likeness dispute involving TikTok
On 30 September 2026 the Tokyo District Court heard and decided a Japanese voice actor's dispute with TikTok over videos using an allegedly AI-generated or AI-processed voice resembling his own.
- FERC Proposes Blanket Authorization for LNG Plant Modifications
FERC's NOPR would let LNG terminal operators add liquefaction trains, tanks and berths, and uprate capacity with notice, without case-specific orders.
- FTC Staff FAQs Warn Auto Dealers on Vehicle Price Transparency
The FTC's staff has issued FAQs advising auto dealers on FTC Act obligations for advertising and selling vehicles, signalling continued federal scrutiny of dealer pricing practices.
- OSHA opioid rescue fact sheet, plus NY naloxone rule effective Dec. 12
OSHA's September 2026 opioid-overdose fact sheet imposes no new federal duty, but New York's Dec. 12, 2026 first-aid opioid-antagonist requirement gives employment counsel a concrete deadline for auditing workplace overdose preparedness.
- Courts Grapple With Experts' AI Use in Litigation
Baker Botts surveys the handful of state and federal courts that have addressed experts' AI use, including disclosure of prompts and AI-related work product, as practice continues to diverge.
- SEC Tokenized-Stock Exemption Draws Corporate Pushback, Expected Revision
Cooley's Rodrigo Seira tells The Wall Street Journal that corporate America is resisting the SEC's temporary five-year tokenized-stock innovation exemption, and he expects the agency to revise it.
- Contract Provisions for Securing Agentic AI Deployments
Mayer Brown explains why autonomous AI agents strain the standard SaaS security-clause playbook and flags the contract terms — incident reporting, audit rights, liability caps — likely to become the new negotiation battleground.
- Auto Care Association intervenes in Colorado EPR fee challenge
The Auto Care Association moved on October 15, 2026 to intervene in the federal challenge to Colorado's producer responsibility program, arguing lubricant and petroleum producers must pay two organizations for the same packaging.
- NJ Bill Would Cut Cannabis Protections for Safety-Sensitive Workers
Proposed New Jersey Senate Bill 4685 would let employers discipline, randomly test and refuse to hire law enforcement, first responders, CDL drivers and heavy-equipment operators over off-duty recreational cannabis use.
- DEA Temporarily Stays Marijuana Rescheduling Proceeding
The DEA's September 29 stay halts the move of marijuana from Schedule I to Schedule III, so employer drug-testing and workplace-compliance rules are unchanged for now.
- IRS Suspends Dyed Diesel Highway Use Penalties Under EO 14435
The IRS announced on October 14, 2026 temporary relief from federal highway-use tax penalties on dyed diesel fuel, implementing an October 5, 2026 executive order.
- Perkins Coie guide: responding to a force majeure notice
Perkins Coie's practical guide sets out a triage playbook for businesses that receive a force majeure notice, covering notice review, mitigation duties, documentation and contractual responses.
- PSD3 and the PSR: What Europe's Payment Services Reset Could Mean
Alston & Bird's payments and fintech team sets out what the near-final EU Third Payment Services Directive and Payment Services Regulation would mean for businesses operating in Europe.
- NYC Council Introduces POWER Act Private Right of Action Bill
NYC Council Int. No. 1105 would create a municipal private right of action for unfair and abusive business practices, unfair methods of competition and unlawful acts — new exposure for any company doing business in the city.
- Littler Q3 2026 global digest tracks labor law shifts in 50 jurisdictions
The quarterly survey spans enacted leave reforms, rulings on AI-hallucinated evidence and RSU forfeiture, and pending AI-monitoring bills across the Americas, EMEA and APAC.
- SEC CFI Grants Equity Compensation Relief, Clarifies Insider Filing Deadlines
On October 15, 2026, SEC Corporation Finance staff issued new and revised CFIs giving registrants more flexibility to register compensatory equity awards, including acquisition-assumed awards, and clarifying insider reporting deadlines.
- Hawaii Class Action Targets Kalshi on Void-Contract and Unfair-Practices Claims
A new Hawaii consumer class action against prediction-market operator Kalshi adds state-law void-contract and unfair-practices theories to the CFTC-versus-states preemption fight.
- Tribal Amici Urge Supreme Court to Review Kalshi Preemption Ruling
Tribal amici have asked the Supreme Court to act on New Jersey's cert petition seeking review of a Third Circuit ruling that federal commodities law likely preempts state gaming laws as applied to Kalshi's event contracts.
- SEC Commissioner Hester Peirce Resigns Effective October 2, 2026
Peirce's departure and an October 1 joint statement from Chairman Atkins and Commissioner Uyeda mark a change in SEC composition as the Commission's October 2026 agenda unfolds.
- NCUA Board Proposes Three Rules on Credit Union Powers, Fidelity Bonds, Liquidity
The NCUA board on October 15 proposed three rules revising federal credit union rules on incidental powers, fidelity bond coverage and the Central Liquidity Facility, opening a comment period.
- SEC Corp Fin Staff Issues CFIs on Form S-8, Rule 701 and Form 4 Deadlines
Division of Corporation Finance staff published six new and two revised staff interpretations easing equity-compensation and benefit-plan registration, including guidance on Form S-8, Rule 701 and Form 4 deadlines.
- SFO Proposes Cash Rewards for Whistleblowers
The UK Serious Fraud Office has floated cash payments for whistleblowers, a departure from the existing purely voluntary self-reporting incentive regime.