Arthur Souza Rodrigues

DROPLETS

AmLaw 100 Legal Intelligence — Distilled
Wednesday, October 28, 202616 featured49 also noted38 firms10 practice areasgrade 3–5
Quick Scan — Why It Matters
CooleySanctions / Export Controls+ Expand
Treasury Proposes Sweeping Expansion of Outbound Investment Program

Treasury's NPRM would extend outbound investment rules beyond China to Russia, Iran, North Korea, Cuba and Venezuela, ban covered biotech, super-intelligence and photonics investments, with comments due December 7, 2026.

Treasury's notice of proposed rulemaking, issued October 22, 2026, would be the most far-reaching expansion of the Outbound Investment Security Program to date, implementing the COINS Act. It adds Cuba, Iran, North Korea, Russia and Venezuela to the "countries of concern" list, extends coverage to citizens and permanent residents of those states, including majority-owned or controlled entities, and replaces the tiered AI framework with a flat prohibition on covered "super intelligence" systems, including agentic harnesses, humanoid robots, autonomous vehicles and unmanned systems. Biotechnology becomes a prohibited sector covering vaccines, cell and gene therapies, monoclonal antibodies, brain-computer interfaces, sequencing, flow cytometers, mass spectrometry, lab automation and cloud-lab infrastructure. Photonics, hypersonics, high-performance computing, high-bandwidth memory and radiation-hardened chips also come into scope, alongside a $50,000 de minimis exception for notifications, new secondary-transaction and bank-lending safe harbors, an added diligence factor, and a nonbindi

…

Read the full dispatch →
Jackson LewisEmployment / Labor+ Expand
NLRB Restores Wright Line Standard for Misconduct During Protected Activity

The Board revived the Wright Line burden-shifting test in Lion Elastomers III, alongside new captive-audience bans in Delaware and Maryland and a circuit split on Section 10(j) irreparable harm.

In a September 2026 labor law roundup, the NLRB's Lion Elastomers III (375 NLRB No. 41, Sept. 23, 2026) restored the Wright Line burden-shifting framework first set out in General Motors LLC to decide when an employee's misconduct during otherwise protected Section 7 activity loses NLRA protection, following the Fifth Circuit's vacatur of Lion Elastomers II — the Board's first significant precedent shift since General Counsel Crystal Carey's GC Memorandum 26-04. In a separate decision, the Board held in Michigan Education Association (375 NLRB No. 42) that employers need not disclose attorney-client privileged material in response to union information requests and that the traditional balancing test does not apply, though employers must still establish privilege. The Seventh Circuit in Hamada v. Laborforce affirmed denial of a Section 10(j) injunction, holding that generalized harm to union support does not establish irreparable harm, a developing circuit split with the Second Circuit. Separately, Delaware and Maryland captive-audience meeting restrictions took effect Sept. 30 and Oc

…

Read the full dispatch →
Akin GumpHealthcare+ Expand
DOJ and HHS Launch Healthcare FCA Self-Disclosure Pilot

The six-month pilot (submissions due April 22, 2027) offers civil False Claims Act resolution for previously unknown HHS-program misconduct at a 1.25-1.6x repayment multiplier, with no CIA and no required factual admissions.

On October 22, 2026, DOJ's Civil Division and HHS opened the Healthcare False Claims Act Self-Disclosure Pilot Program (FCA SDPP), accepting submissions through 11:59 p.m. on April 22, 2027 for conduct potentially violating the FCA in connection with HHS-funded federal health care programs. The protocol requires six categories of submission information and offers repayment at 1.25 to 1.6x a "Base Self-Disclosure Repayment," with no civil monetary penalties, no Corporate Integrity Agreement, and no required factual admissions — favorable compared with DOJ's discretionary cooperation-credit framework under Justice Manual 4-4.112 and the HHS-OIG Self-Disclosure Protocol. Sophisticated counsel will note significant open questions: eligibility turns on conduct not already known to the government, so a sealed qui tam complaint can render a disclosure ineligible after submission; sampling methodology for extrapolated damages is unspecified; AKS-related disclosures require documenting remuneration and revenue; individual practitioners' eligibility is unresolved; CMS permissive-exclusion rele

…

Read the full dispatch →
Wilson Sonsini Goodrich & RosatiAntitrust / Competition+ Expand
FTC Proposes Consent Order in Publicis-LiveRamp Deal on Vertical Theory

A proposed FTC consent order resolves the agency's vertical-theory challenge to Publicis's $2.2 billion purchase of LiveRamp, a notable signal for advertising-data and ad tech deal review.

The Federal Trade Commission announced on 19 October 2026 that it has reached a proposed consent order settling its concerns over Publicis's $2.2 billion acquisition of LiveRamp, the advertising data and audience-connectivity platform. Reporting from Wilson Sonsini Goodrich & Rosati characterises the case as notable for relying on a purely vertical theory, in the sense that the theory did not rest on horizontal effects from the merging parties directly competing. That framing matters to advertising, media and data-driven businesses: a vertical theory can support challenge to an otherwise limited overlap if the parties' positions across the advertising supply chain raise foreclosure, access or information-transfer concerns.

…

Read the full dispatch →
Husch BlackwellFinancial Regulation+ Expand
Bank Regulators Strip Reputation Risk From 15 Interagency Guidance Documents

A federal banking agencies' systematic removal of reputation risk references from 15 interagency guidance documents is reshaping what examiners treat as supervisory risk at US banks and credit unions.

A Husch Blackwell alert reports that, beginning in June, the federal banking agencies systematically removed reputation risk references from 15 interagency guidance documents. Because interagency guidance shapes examination procedures and examiner expectations, retiring a named risk category can change what examiners look for and how findings are framed, particularly where reputational considerations have sat alongside safety-and-soundness risk.

…

Read the full dispatch →
Dorsey & WhitneySecurities / Capital Markets+ Expand
SEC Proposes Two Sets of Amendments to Federal Proxy Rules

The SEC's September 16, 2026 proposing releases would revise federal proxy rules under the Exchange Act, and securities counsel should calendar the comment period and assess impact.

On September 16, 2026, the SEC issued two proposing releases that would amend the federal proxy rules under the Securities Exchange Act of 1934. A Dorsey & Whitney client alert flags the proposals, but the available material does not set out their provisions, so the specific solicitation, disclosure and shareholder-engagement changes in each release should be confirmed against the proposing releases themselves before advice is given.

Why it matters: the proxy rules are the operating system for every reporting company's annual meeting — notice, access to the ballot, and the mechanics of solicitation by management and activists alike. Two parallel releases point to a broad rather than cosmetic revision, and issuers, activist investors and their advisers will need to test calendars and disclosure against whatever is proposed.

…

Read the full dispatch →
Ropes & GrayEnvironment / ESG / Climate+ Expand
Supreme Court hears arguments in Suncor v. Boulder County greenwashing case

Ropes & Gray's October 2026 greenwashing update flags the Supreme Court's October 5, 2026 argument in Suncor v. Boulder County, a decision that could reshape environmental-disclosure exposure.

Per Ropes & Gray's October 2026 greenwashing litigation update, significant U.S. greenwashing litigation developments unfolded through the summer and early fall of 2026, and the U.S. Supreme Court heard oral argument on October 5, 2026 in Suncor v. Boulder County. The update is a practice-side survey of the cases, filings and procedural postures counsel are tracking in the space.

Why it matters: greenwashing exposure now sits at the intersection of environmental, consumer, securities and shareholder-claim regimes, and a Supreme Court ruling in Suncor v. Boulder County would carry implications well beyond the parties — for companies making climate, sustainability or sustainability-linked representations, for investors and plaintiffs' firms litigating them, and for disclosure drafting and marketing-substantiation review. A single source summarizes this cluster; the lower-court history and questions presented should be verified against the docket before being relied on.

…

Read the full dispatch →
McGuireWoodsConsumer Protection+ Expand
FCC Adopts New TCPA Rules Changing Business Opt-Out Duties

The FCC's Sept. 30, 2026 Report and Order (FCC 26-67) rewrites how businesses must handle consumer requests to stop autodialed and prerecorded calls and texts under the TCPA.

On September 30, 2026, the FCC adopted a Report and Order (FCC 26-67) amending how businesses must respond to consumer requests to stop autodialed and prerecorded calls and texts under the Telephone Consumer Protection Act. The available reporting describes the order as giving businesses greater control over opt-out handling, shifting implementation from a prescribed default toward a framework businesses manage themselves — though the excerpt does not set out the operative mechanics, the effective date, or any comment or waiver window, so those details need confirmation against the released text.

…

Read the full dispatch →
Faegre DrinkerConsumer Protection+ Expand
FCC Rule Gives Callers Defined TCPA Opt-Out Channels and Safe Harbor Path

The FCC's new rule lets callers swap the TCPA's "any reasonable means" revocation standard for a defined set of honored opt-out channels, which the source says should reduce consent-based TCPA litigation exposure.

Faegre Drinker reports that the FCC has adopted rules under which callers may replace the TCPA's open-ended "revocation of consent" standard with a defined set of opt-out channels. The source indicates the alternative framework gives callers a path to reduce litigation exposure where revocation disputes have generated frequent litigation over what counts as honoring an opt-out request, provided the caller actually complies with the channels it offers. The "any reasonable means" standard had become a recurring contested issue in TCPA consent and revocation disputes, feeding class action and motion practice across the federal courts. For consumer-facing clients in banking, insurance, healthcare, telecommunications and direct marketing, the immediate question is operational: whether opt-out disclosures, IVR and live-agent scripts, CRM suppression lists and outsourced calling platforms are aligned with the new defined-channel approach. Counsel should watch the effective date, any FCC or court challenge, and the precise conditions attached to the safe-harbor path, none of which the source

…

Read the full dispatch →
Akin GumpFDA / Life Sciences Regulatory+ Expand
FDA Finalizes Guidance on Prescription Drug Use-Related Software

FDA's final PDURS guidance adds a labeling decision tree, a formal "standalone" software category, and model prescribing-information language for companion apps, sharpening when app output is FDA-required versus promotional labeling.

On October 20, 2026, FDA announced final guidance titled Regulatory Considerations for Prescription Drug Use-Related Software, completing a process begun with a September 2023 draft and a 2018 Federal Register request for comments. The guidance addresses software disseminated by or on behalf of a drug sponsor that generates "end-user output" textually related to the sponsor's drug products, and treats that output as a form of drug labeling even where the software itself is not a regulated device.

…

Read the full dispatch →
Sullivan & CromwellSecurities / Capital Markets+ Expand
SEC Proposes Rule 17a-7 Cross-Trading Expansion to Level 2 Fixed Income

SEC proposal would reopen fund cross trading in level 2 securities, add NAV and current-market pricing, shift oversight to CCOs and add N-PORT reporting; comments due December 14, 2026.

On October 9, 2026 (91 Fed. Reg. 65,622 on October 15), the SEC proposed amendments to Rule 17a-7 under the Investment Company Act, which since Rule 2a-5's September 2022 compliance date has limited cross trading to level 1 securities, effectively excluding most fixed income. The proposal would extend eligibility to level 2 securities, with level 3 and non-leveled holdings remaining ineligible, and replace existing pricing rules with two alternatives: NAV pricing at the next NAV computation, available only when both funds share valuation processes, or a current market price set using unaffiliated pricing sources with periodic reasonableness reviews. De minimis payments to unaffiliated clearing, settlement, custody and reporting providers would be permitted.

…

Read the full dispatch →
Husch BlackwellWhite Collar / Investigations+ Expand
DOJ Directive 26-13 Reshapes Asset Seizure and Forfeiture Policy

DOJ's Directive 26-13, issued to all DOJ personnel on October 7, 2026, sets a new approach to asset seizure and forfeiture in fraud cases, with direct implications for corporate targets, their banks, and defense strategy.

On October 7, 2026, Assistant Attorney General Colin M. McDonald issued Directive 26-13, "A Comprehensive Approach in the Fight Against Fraud," to all Department of Justice personnel. According to a Husch Blackwell client alert — the only reporting in this cluster — the memo addresses how DOJ will approach asset seizure and forfeiture in fraud matters and what it means for companies.

Why sophisticated counsel should care: asset seizure and forfeiture are among the most consequential levers in federal fraud enforcement, and a written DOJ-wide directive signals a standardized prosecutorial posture rather than case-by-case discretion. For corporate clients and their banks, that can affect how aggressively prosecutors move against seized funds, how broadly the net is drawn across multi-party fraud schemes, and how defense teams sequence challenges to freezing, detention, and forfeiture proceedings against parallel regulatory and civil tracks. The alert frames the directive as company-facing, suggesting operational takeaways for compliance and internal investigations functions.

…

Read the full dispatch →
BakerHostetlerAntitrust / Competition+ Expand
Manhattan DA Launches Corporate Crime and Antitrust Task Force

The Manhattan district attorney has created the office's first Corporate Crime and Antitrust Task Force, adding criminal antitrust — likely under the Donnelly Act — to a local prosecutor's corporate-crime mandate.

On Oct. 14, 2026, Manhattan District Attorney Alvin Bragg announced the office's first Corporate Crime and Antitrust Task Force, led by veteran prosecutor Matthew Bogdanos and staffed with roughly five assistant district attorneys and two investigative analysts. The unit institutionalizes criminal antitrust investigation inside a local prosecutor's office, where such enforcement has historically sat with DOJ's Antitrust Division and the New York Attorney General's Antitrust Bureau; any charges would likely proceed under the Donnelly Act (N.Y. Gen. Bus. Law § 340 et seq.), which largely mirrors Sherman Act Section 1.

…

Read the full dispatch →
Mayer BrownConsumer Protection+ Expand
EU green-claims consumer rules: uneven Member State implementation two years on

Two years after the EU adopted its green-transition consumer directive, Member States are transposing the green-claims and consumer-terms rules unevenly, leaving brands to run one campaign across a patchwork of national duties.

Mayer Brown's client alert revisits the EU directive on empowering consumers for the green transition two years after its adoption, doing two things: setting out what the directive actually requires of businesses, and surveying how far Member States have progressed in transposing it. The core obligations are familiar but broad — generic environmental claims and sustainability labels must be substantiated, carbon-neutral and offsetting claims are policed, and consumers gain enhanced rights where a contract rests on a sustainability commitment, including information duties on future environmental performance.

…

Read the full dispatch →
White & CaseSanctions / Export Controls+ Expand
China Proposes Export Controls on AI, Biopharma and Solar Tech

China's MOFCOM and MOST issued draft revisions to the Catalogue of Technologies Prohibited and Restricted from Export covering AI, biopharma and photovoltaic technologies.

On 16 October 2026, China's Ministry of Commerce (MOFCOM) and Ministry of Science and Technology (MOST) released draft revisions to the Catalogue of Technologies Prohibited and Restricted from Export, proposing new or tightened controls on artificial intelligence, biopharma and photovoltaic technologies. The reporting available here does not set out the specific controlled items, the consultation mechanics or the licensing carve-outs, so the exact scope of the proposal should be confirmed against the published draft text rather than assumed.

Catalogue changes of this kind reach well beyond the immediate licensor or seller. They reshape technical annexes and compliance clauses in supply, joint-development and distribution agreements; trigger notice, audit and record-keeping duties; and require re-screening of counterparties, end users, end uses and Chinese-origin components in diligence. Tightening on AI-related technology also interacts with US and EU outbound investment screening, chip-sector controls and export classification work already underway in major-firm practices.

…

Read the full dispatch →
McDermott Will & EmeryHealthcare+ Expand
DOJ, HHS Launch Six-Month Healthcare FCA Self-Disclosure Pilot

DOJ's Civil Division and HHS opened a six-month pilot on Oct. 22, 2026 giving healthcare entities a new channel to self-disclose potential False Claims Act liability.

On October 22, 2026, DOJ's Civil Division and HHS announced a six-month Healthcare False Claims Act Self-Disclosure Pilot Program (FCA SDPP), as reported by McDermott Will & Emery.

The significance is programmatic rather than doctrinal. The pilot creates a time-limited, government-run channel for healthcare entities that identify their own potential False Claims Act exposure to report it under self-disclosure protocols. Under the general FCA framework, qualifying self-disclosures typically permit mitigation of available damages and penalties relative to what a government-initiated investigation or FCA case would produce; the pilot appears designed to make that route more accessible to the sector.

…

Read the full dispatch →
DIG DEEPER
MOST CONSEQUENTIALTreasury Proposes Sweeping Expansion of Outbound Investment Program

Treasury's NPRM would extend outbound investment rules beyond China to Russia, Iran, North Korea, Cuba and Venezuela, ban covered biotech, super-intelligence and photonics investments, with comments due December 7, 2026.

Treasury's notice of proposed rulemaking, issued October 22, 2026, would be the most far-reaching expansion of the Outbound Investment Security Program to date, implementing the COINS Act. It adds Cuba, Iran, North Korea, Russia and Venezuela to the "countries of concern" list, extends coverage to citizens and permanent residents of those states, including majority-owned or controlled entities, and replaces the tiered AI framework with a flat prohibition on covered "super intelligence" systems, including agentic harnesses, humanoid robots, autonomous vehicles and unmanned systems. Biotechnology becomes a prohibited sector covering vaccines, cell and gene therapies, monoclonal antibodies, brain-computer interfaces, sequencing, flow cytometers, mass spectrometry, lab automation and cloud-lab infrastructure. Photonics, hypersonics, high-performance computing, high-bandwidth memory and radiation-hardened chips also come into scope, alongside a $50,000 de minimis exception for notifications, new secondary-transaction and bank-lending safe harbors, an added diligence factor, and a nonbindi

…

CooleySanctions / Export Controls
outbound-investmentcoins-acttreasury-nprmexport-controlschinabiotechnologyphotonicsartificial-intelligence
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 — ANTITRUST / COMPETITION2
Wilson Sonsini Goodrich & Rosati+ Expand
FTC Proposes Consent Order in Publicis-LiveRamp Deal on Vertical Theory

A proposed FTC consent order resolves the agency's vertical-theory challenge to Publicis's $2.2 billion purchase of LiveRamp, a notable signal for advertising-data and ad tech deal review.

The Federal Trade Commission announced on 19 October 2026 that it has reached a proposed consent order settling its concerns over Publicis's $2.2 billion acquisition of LiveRamp, the advertising data and audience-connectivity platform. Reporting from Wilson Sonsini Goodrich & Rosati characterises the case as notable for relying on a purely vertical theory, in the sense that the theory did not rest on horizontal effects from the merging parties directly competing. That framing matters to advertising, media and data-driven businesses: a vertical theory can support challenge to an otherwise limited overlap if the parties' positions across the advertising supply chain raise foreclosure, access or information-transfer concerns.

…

ftcpublicisliverampantitrustvertical-theoryad-techconsent-ordermerger-review
Read the full dispatch →
BakerHostetler+ Expand
Manhattan DA Launches Corporate Crime and Antitrust Task Force

The Manhattan district attorney has created the office's first Corporate Crime and Antitrust Task Force, adding criminal antitrust — likely under the Donnelly Act — to a local prosecutor's corporate-crime mandate.

On Oct. 14, 2026, Manhattan District Attorney Alvin Bragg announced the office's first Corporate Crime and Antitrust Task Force, led by veteran prosecutor Matthew Bogdanos and staffed with roughly five assistant district attorneys and two investigative analysts. The unit institutionalizes criminal antitrust investigation inside a local prosecutor's office, where such enforcement has historically sat with DOJ's Antitrust Division and the New York Attorney General's Antitrust Bureau; any charges would likely proceed under the Donnelly Act (N.Y. Gen. Bus. Law § 340 et seq.), which largely mirrors Sherman Act Section 1.

…

criminal-antitrustdonnelly-actmanhattan-datask-forcewhite-collarnew-yorkcompliance-programs
Read the full dispatch →
02 — CONSUMER PROTECTION3
McGuireWoods+ Expand
FCC Adopts New TCPA Rules Changing Business Opt-Out Duties

The FCC's Sept. 30, 2026 Report and Order (FCC 26-67) rewrites how businesses must handle consumer requests to stop autodialed and prerecorded calls and texts under the TCPA.

On September 30, 2026, the FCC adopted a Report and Order (FCC 26-67) amending how businesses must respond to consumer requests to stop autodialed and prerecorded calls and texts under the Telephone Consumer Protection Act. The available reporting describes the order as giving businesses greater control over opt-out handling, shifting implementation from a prescribed default toward a framework businesses manage themselves — though the excerpt does not set out the operative mechanics, the effective date, or any comment or waiver window, so those details need confirmation against the released text.

…

fcctcparobocallstelemarketingopt-out-complianceconsumer-protection
Read the full dispatch →
Faegre Drinker+ Expand
FCC Rule Gives Callers Defined TCPA Opt-Out Channels and Safe Harbor Path

The FCC's new rule lets callers swap the TCPA's "any reasonable means" revocation standard for a defined set of honored opt-out channels, which the source says should reduce consent-based TCPA litigation exposure.

Faegre Drinker reports that the FCC has adopted rules under which callers may replace the TCPA's open-ended "revocation of consent" standard with a defined set of opt-out channels. The source indicates the alternative framework gives callers a path to reduce litigation exposure where revocation disputes have generated frequent litigation over what counts as honoring an opt-out request, provided the caller actually complies with the channels it offers. The "any reasonable means" standard had become a recurring contested issue in TCPA consent and revocation disputes, feeding class action and motion practice across the federal courts. For consumer-facing clients in banking, insurance, healthcare, telecommunications and direct marketing, the immediate question is operational: whether opt-out disclosures, IVR and live-agent scripts, CRM suppression lists and outsourced calling platforms are aligned with the new defined-channel approach. Counsel should watch the effective date, any FCC or court challenge, and the precise conditions attached to the safe-harbor path, none of which the source

…

tcpafcctelemarketingopt-outrevocation-of-consentclass-actionconsumer-compliance
Read the full dispatch →
Mayer Brown+ Expand
EU green-claims consumer rules: uneven Member State implementation two years on

Two years after the EU adopted its green-transition consumer directive, Member States are transposing the green-claims and consumer-terms rules unevenly, leaving brands to run one campaign across a patchwork of national duties.

Mayer Brown's client alert revisits the EU directive on empowering consumers for the green transition two years after its adoption, doing two things: setting out what the directive actually requires of businesses, and surveying how far Member States have progressed in transposing it. The core obligations are familiar but broad — generic environmental claims and sustainability labels must be substantiated, carbon-neutral and offsetting claims are policed, and consumers gain enhanced rights where a contract rests on a sustainability commitment, including information duties on future environmental performance.

…

greenwashingconsumer-protectioneu-directive-2024-825transpositionsustainability-claimsenvironmental-marketingconsumer-terms
Read the full dispatch →
03 — EMPLOYMENT / LABOR1
Jackson Lewis+ Expand
NLRB Restores Wright Line Standard for Misconduct During Protected Activity

The Board revived the Wright Line burden-shifting test in Lion Elastomers III, alongside new captive-audience bans in Delaware and Maryland and a circuit split on Section 10(j) irreparable harm.

In a September 2026 labor law roundup, the NLRB's Lion Elastomers III (375 NLRB No. 41, Sept. 23, 2026) restored the Wright Line burden-shifting framework first set out in General Motors LLC to decide when an employee's misconduct during otherwise protected Section 7 activity loses NLRA protection, following the Fifth Circuit's vacatur of Lion Elastomers II — the Board's first significant precedent shift since General Counsel Crystal Carey's GC Memorandum 26-04. In a separate decision, the Board held in Michigan Education Association (375 NLRB No. 42) that employers need not disclose attorney-client privileged material in response to union information requests and that the traditional balancing test does not apply, though employers must still establish privilege. The Seventh Circuit in Hamada v. Laborforce affirmed denial of a Section 10(j) injunction, holding that generalized harm to union support does not establish irreparable harm, a developing circuit split with the Second Circuit. Separately, Delaware and Maryland captive-audience meeting restrictions took effect Sept. 30 and Oc

…

nlrblion-elastomerswright-linecaptive-audience-meetingssection-10junion-information-requestsattorney-client-privilegelabor-law-developments
Read the full dispatch →
04 — ENVIRONMENT / ESG / CLIMATE1
Ropes & Gray+ Expand
Supreme Court hears arguments in Suncor v. Boulder County greenwashing case

Ropes & Gray's October 2026 greenwashing update flags the Supreme Court's October 5, 2026 argument in Suncor v. Boulder County, a decision that could reshape environmental-disclosure exposure.

Per Ropes & Gray's October 2026 greenwashing litigation update, significant U.S. greenwashing litigation developments unfolded through the summer and early fall of 2026, and the U.S. Supreme Court heard oral argument on October 5, 2026 in Suncor v. Boulder County. The update is a practice-side survey of the cases, filings and procedural postures counsel are tracking in the space.

Why it matters: greenwashing exposure now sits at the intersection of environmental, consumer, securities and shareholder-claim regimes, and a Supreme Court ruling in Suncor v. Boulder County would carry implications well beyond the parties — for companies making climate, sustainability or sustainability-linked representations, for investors and plaintiffs' firms litigating them, and for disclosure drafting and marketing-substantiation review. A single source summarizes this cluster; the lower-court history and questions presented should be verified against the docket before being relied on.

…

greenwashingclimate-disclosuresupreme-courtesg-litigationsustainability-claimssecurities-litigation
Read the full dispatch →
05 — FDA / LIFE SCIENCES REGULATORY1
Akin Gump+ Expand
FDA Finalizes Guidance on Prescription Drug Use-Related Software

FDA's final PDURS guidance adds a labeling decision tree, a formal "standalone" software category, and model prescribing-information language for companion apps, sharpening when app output is FDA-required versus promotional labeling.

On October 20, 2026, FDA announced final guidance titled Regulatory Considerations for Prescription Drug Use-Related Software, completing a process begun with a September 2023 draft and a 2018 Federal Register request for comments. The guidance addresses software disseminated by or on behalf of a drug sponsor that generates "end-user output" textually related to the sponsor's drug products, and treats that output as a form of drug labeling even where the software itself is not a regulated device.

…

fda-guidanceprescription-drug-softwaredrug-labelingprescribing-informationdigital-healthform-fda-2253
Read the full dispatch →
06 — FINANCIAL REGULATION1
Husch Blackwell+ Expand
Bank Regulators Strip Reputation Risk From 15 Interagency Guidance Documents

A federal banking agencies' systematic removal of reputation risk references from 15 interagency guidance documents is reshaping what examiners treat as supervisory risk at US banks and credit unions.

A Husch Blackwell alert reports that, beginning in June, the federal banking agencies systematically removed reputation risk references from 15 interagency guidance documents. Because interagency guidance shapes examination procedures and examiner expectations, retiring a named risk category can change what examiners look for and how findings are framed, particularly where reputational considerations have sat alongside safety-and-soundness risk.

…

interagency-guidancereputation-riskbank-supervisionprudential-regulationregulatory-deregulationfdicocc
Read the full dispatch →
07 — HEALTHCARE2
Akin Gump+ Expand
DOJ and HHS Launch Healthcare FCA Self-Disclosure Pilot

The six-month pilot (submissions due April 22, 2027) offers civil False Claims Act resolution for previously unknown HHS-program misconduct at a 1.25-1.6x repayment multiplier, with no CIA and no required factual admissions.

On October 22, 2026, DOJ's Civil Division and HHS opened the Healthcare False Claims Act Self-Disclosure Pilot Program (FCA SDPP), accepting submissions through 11:59 p.m. on April 22, 2027 for conduct potentially violating the FCA in connection with HHS-funded federal health care programs. The protocol requires six categories of submission information and offers repayment at 1.25 to 1.6x a "Base Self-Disclosure Repayment," with no civil monetary penalties, no Corporate Integrity Agreement, and no required factual admissions — favorable compared with DOJ's discretionary cooperation-credit framework under Justice Manual 4-4.112 and the HHS-OIG Self-Disclosure Protocol. Sophisticated counsel will note significant open questions: eligibility turns on conduct not already known to the government, so a sealed qui tam complaint can render a disclosure ineligible after submission; sampling methodology for extrapolated damages is unspecified; AKS-related disclosures require documenting remuneration and revenue; individual practitioners' eligibility is unresolved; CMS permissive-exclusion rele

…

false-claims-acthealthcare-fraudself-disclosurequi-tamhhs-oigcorporate-integrity-agreementwhistleblowercompliance-risk
Read the full dispatch →
McDermott Will & Emery+ Expand
DOJ, HHS Launch Six-Month Healthcare FCA Self-Disclosure Pilot

DOJ's Civil Division and HHS opened a six-month pilot on Oct. 22, 2026 giving healthcare entities a new channel to self-disclose potential False Claims Act liability.

On October 22, 2026, DOJ's Civil Division and HHS announced a six-month Healthcare False Claims Act Self-Disclosure Pilot Program (FCA SDPP), as reported by McDermott Will & Emery.

The significance is programmatic rather than doctrinal. The pilot creates a time-limited, government-run channel for healthcare entities that identify their own potential False Claims Act exposure to report it under self-disclosure protocols. Under the general FCA framework, qualifying self-disclosures typically permit mitigation of available damages and penalties relative to what a government-initiated investigation or FCA case would produce; the pilot appears designed to make that route more accessible to the sector.

…

false-claims-acthealthcare-complianceself-disclosuredoj-hhspilot-programfraud-and-abuse
Read the full dispatch →
08 — SANCTIONS / EXPORT CONTROLS2
Cooley+ Expand
Treasury Proposes Sweeping Expansion of Outbound Investment Program

Treasury's NPRM would extend outbound investment rules beyond China to Russia, Iran, North Korea, Cuba and Venezuela, ban covered biotech, super-intelligence and photonics investments, with comments due December 7, 2026.

Treasury's notice of proposed rulemaking, issued October 22, 2026, would be the most far-reaching expansion of the Outbound Investment Security Program to date, implementing the COINS Act. It adds Cuba, Iran, North Korea, Russia and Venezuela to the "countries of concern" list, extends coverage to citizens and permanent residents of those states, including majority-owned or controlled entities, and replaces the tiered AI framework with a flat prohibition on covered "super intelligence" systems, including agentic harnesses, humanoid robots, autonomous vehicles and unmanned systems. Biotechnology becomes a prohibited sector covering vaccines, cell and gene therapies, monoclonal antibodies, brain-computer interfaces, sequencing, flow cytometers, mass spectrometry, lab automation and cloud-lab infrastructure. Photonics, hypersonics, high-performance computing, high-bandwidth memory and radiation-hardened chips also come into scope, alongside a $50,000 de minimis exception for notifications, new secondary-transaction and bank-lending safe harbors, an added diligence factor, and a nonbindi

…

outbound-investmentcoins-acttreasury-nprmexport-controlschinabiotechnologyphotonicsartificial-intelligence
Read the full dispatch →
White & Case+ Expand
China Proposes Export Controls on AI, Biopharma and Solar Tech

China's MOFCOM and MOST issued draft revisions to the Catalogue of Technologies Prohibited and Restricted from Export covering AI, biopharma and photovoltaic technologies.

On 16 October 2026, China's Ministry of Commerce (MOFCOM) and Ministry of Science and Technology (MOST) released draft revisions to the Catalogue of Technologies Prohibited and Restricted from Export, proposing new or tightened controls on artificial intelligence, biopharma and photovoltaic technologies. The reporting available here does not set out the specific controlled items, the consultation mechanics or the licensing carve-outs, so the exact scope of the proposal should be confirmed against the published draft text rather than assumed.

Catalogue changes of this kind reach well beyond the immediate licensor or seller. They reshape technical annexes and compliance clauses in supply, joint-development and distribution agreements; trigger notice, audit and record-keeping duties; and require re-screening of counterparties, end users, end uses and Chinese-origin components in diligence. Tightening on AI-related technology also interacts with US and EU outbound investment screening, chip-sector controls and export classification work already underway in major-firm practices.

…

china-export-controlsartificial-intelligencebiopharmaphotovoltaicexport-cataloguesupply-chain-diligence
Read the full dispatch →
09 — SECURITIES / CAPITAL MARKETS2
Dorsey & Whitney+ Expand
SEC Proposes Two Sets of Amendments to Federal Proxy Rules

The SEC's September 16, 2026 proposing releases would revise federal proxy rules under the Exchange Act, and securities counsel should calendar the comment period and assess impact.

On September 16, 2026, the SEC issued two proposing releases that would amend the federal proxy rules under the Securities Exchange Act of 1934. A Dorsey & Whitney client alert flags the proposals, but the available material does not set out their provisions, so the specific solicitation, disclosure and shareholder-engagement changes in each release should be confirmed against the proposing releases themselves before advice is given.

Why it matters: the proxy rules are the operating system for every reporting company's annual meeting — notice, access to the ballot, and the mechanics of solicitation by management and activists alike. Two parallel releases point to a broad rather than cosmetic revision, and issuers, activist investors and their advisers will need to test calendars and disclosure against whatever is proposed.

…

sec-proxy-rulesproxy-rulessecurities-exchange-actproxy-solicitationsec-rulemakingcomment-periodcorporate-governance
Read the full dispatch →
Sullivan & Cromwell+ Expand
SEC Proposes Rule 17a-7 Cross-Trading Expansion to Level 2 Fixed Income

SEC proposal would reopen fund cross trading in level 2 securities, add NAV and current-market pricing, shift oversight to CCOs and add N-PORT reporting; comments due December 14, 2026.

On October 9, 2026 (91 Fed. Reg. 65,622 on October 15), the SEC proposed amendments to Rule 17a-7 under the Investment Company Act, which since Rule 2a-5's September 2022 compliance date has limited cross trading to level 1 securities, effectively excluding most fixed income. The proposal would extend eligibility to level 2 securities, with level 3 and non-leveled holdings remaining ineligible, and replace existing pricing rules with two alternatives: NAV pricing at the next NAV computation, available only when both funds share valuation processes, or a current market price set using unaffiliated pricing sources with periodic reasonableness reviews. De minimis payments to unaffiliated clearing, settlement, custody and reporting providers would be permitted.

…

sec-rule-17a-7cross-tradinginvestment-company-actfund-valuationn-port-reportingcompliance-oversight
Read the full dispatch →
10 — WHITE COLLAR / INVESTIGATIONS1
Husch Blackwell+ Expand
DOJ Directive 26-13 Reshapes Asset Seizure and Forfeiture Policy

DOJ's Directive 26-13, issued to all DOJ personnel on October 7, 2026, sets a new approach to asset seizure and forfeiture in fraud cases, with direct implications for corporate targets, their banks, and defense strategy.

On October 7, 2026, Assistant Attorney General Colin M. McDonald issued Directive 26-13, "A Comprehensive Approach in the Fight Against Fraud," to all Department of Justice personnel. According to a Husch Blackwell client alert — the only reporting in this cluster — the memo addresses how DOJ will approach asset seizure and forfeiture in fraud matters and what it means for companies.

Why sophisticated counsel should care: asset seizure and forfeiture are among the most consequential levers in federal fraud enforcement, and a written DOJ-wide directive signals a standardized prosecutorial posture rather than case-by-case discretion. For corporate clients and their banks, that can affect how aggressively prosecutors move against seized funds, how broadly the net is drawn across multi-party fraud schemes, and how defense teams sequence challenges to freezing, detention, and forfeiture proceedings against parallel regulatory and civil tracks. The alert frames the directive as company-facing, suggesting operational takeaways for compliance and internal investigations functions.

…

asset-forfeituredoj-directivefraud-enforcementwhite-collar-defenseasset-seizureprosecutorial-policy
Read the full dispatch →
Also noted

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

Stay ahead

Join the digest.

Each weekday's issue by email, through Substack. Or follow the RSS feed.