Arthur Souza Rodrigues

DROPLETS

AmLaw 100 Legal Intelligence — Distilled
Tuesday, November 3, 202629 featured61 also noted36 firms16 practice areasgrade 3–5
Quick Scan — Why It Matters
White & CaseSanctions / Export Controls+ Expand
Treasury Proposes Expanded Outbound Investment Rules Under COINS Act

Treasury's Office of Investment Security published an NPRM on October 22, 2026 to implement Subtitle C of the COINS Act, signalling an expansion of the U.S. outbound investment security program.

White & Case reports that on 22 October 2026 the U.S. Treasury Department's Office of Investment Security published a Notice of Proposed Rulemaking to implement Subtitle C of the Comprehensive Outbound Investment National Security Act, referred to in the report as the COINS Act, the statutory basis for the outbound investment security program.

The development matters because the program conditions certain transactions by U.S. persons involving foreign entities engaged in covered national-security activities, and the reported proposal indicates an expansion of that regime. Counsel advising U.S. and non-U.S. clients on cross-border capital deployment into sensitive technology and adjacent industries should read the NPRM closely for changes to covered sectors and technologies, covered transaction types, notification versus prohibition treatment, and any compliance or filing mechanics. Because the source material reviewed here does not itemise the proposal's provisions, the precise scope of the expansion, the comment-period deadline, and the expected final-rule timetable are unconfirmed

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SteptoeFintech / Crypto+ Expand
OCC Finalizes GENIUS Act Stablecoin Rules for Issuers and Banks

A Steptoe alert says the OCC has finalized rules implementing the GENIUS Act for payment stablecoins, setting a compliance path for issuers and for the banks that hold their reserves.

The OCC has finalized implementing rules under the GENIUS Act governing payment stablecoins, according to a Steptoe client alert, with obligations aimed at both stablecoin issuers and the banks that hold or service the associated reserves. The alert signals that the statutory regime for stablecoin issuance is moving from proposal to final rule, a step that reshapes product design and client mandates rather than a narrow technical fix.

Why sophisticated counsel should care: stablecoin issuance now sits under a defined federal prudential framework, so banks, fintechs, and corporate treasurers face a concrete compliance calendar. Reserve, custody, disclosure, and activity-restriction requirements, along with the treatment of permitted issuer affiliates, affect whether a client can launch, distribute, or hold digital dollars and how existing treasury arrangements and vendor contracts need to be renegotiated.

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Alston & BirdPrivacy / Data Security+ Expand
Belgian DPA: EU SCCs Invalid Without Transfer Impact Assessment

A Belgian Data Protection Authority decision dated October 9, 2026 reportedly holds that use of EU Standard Contractual Clauses is invalid where the exporter never carried out a Transfer Impact Assessment.

The Belgian Data Protection Authority (APD) issued a decision on October 9, 2026, published in French, finding that a data exporter's failure to conduct a Transfer Impact Assessment (TIA) rendered its EU Standard Contractual Clauses invalid. On the available reporting, the failure is a missing TIA rather than a defect in the clauses themselves, so the decision reads as a process ruling: paper SCCs do not cure an unassessed transfer.

The cross-client significance is immediate. TIA obligations have sat inside the "appropriate safeguards" analysis since Schrems II, and DPAs have already signalled enforcement interest in transfers to jurisdictions with surveillance-law exposure. A national authority going further and treating the absence of a documented TIA as defeating the legal basis of the clauses gives privacy teams and deal teams a reason to audit whether every live SCC set, including intra-group and legacy vendor arrangements, is backed by a signed and current assessment.

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Orrick, Herrington & SutcliffeSanctions / Export Controls+ Expand
Treasury Proposes Outbound Investment Rules Under the COINS Act

Treasury's October 22, 2026 NPRM would extend notification and prohibition regimes to certain foreign investments in critical technologies, putting deal diligence and structuring on notice for U.S. investors.

On October 22, 2026, the U.S. Department of the Treasury issued a Notice of Proposed Rulemaking to implement the Comprehensive Outbound Investment National Security (COINS) Act, building out the first U.S. outbound investment screening program. As described in Orrick's client alert, the proposal would make certain covered transactions — identified by reference to critical technology areas and countries of concern — subject to either mandatory notification to Treasury or outright prohibition, with reach to private equity funds, corporate strategic investors and other covered U.S. persons. Because this is a proposal, the operative details that matter most in practice remain unsettled: which sectors and jurisdictions are on the covered list, filing and ownership thresholds, treatment of pending and grandfathered deals, the civil penalty structure, and the effective date. The summary reviewed here does not confirm the NPRM's specific sector or country designations, so those should be verified against the published text.

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Ropes & GrayFDA / Life Sciences Regulatory+ Expand
FDA Finalizes Guidance on Prescription Drug Use-Related Software

FDA's final PDURS guidance sets out when software functions become a prescription drug, while signaling how the agency will defend that position against First Amendment challenges.

On October 21, 2026, the U.S. Food and Drug Administration published final guidance titled "Regulatory Considerations for Prescription Drug Use-Related Software" (PDURS Guidance). According to the account circulated by Ropes & Gray, the agency finalized the document while defending its authority to regulate certain software functions, a posture suggesting it expects litigation to test its position under the First Amendment.

Why sophisticated counsel should care: the boundary between a regulated device or drug function and unregulated software practice is the central commercial question for digital health companies, software platforms, and pharma and biotech partners building companion or dosing applications. Guidance that both explains the framework and stakes out a constitutional defense has implications for product design, premarket regulatory strategy, and the willingness of venture-backed issuers to pursue software-centric models in the prescription space. It also offers a foreseeable focal point for industry challenge to the agency's asserted jurisdiction.

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McDermott Will & EmerySanctions / Export Controls+ Expand
Treasury Proposes Major Expansion of COINS Act Outbound Investment Rules

Treasury's October 22, 2026 notice of proposed rulemaking to implement the COINS Act would materially widen US national-security screening of outbound investment, reshaping diligence for cross-border deals in sensitive technology.

On October 22, 2026, the US Treasury issued a notice of proposed rulemaking to implement the Comprehensive Outbound Investment National Security Act of 2025 (COINS Act), enacted December 18, 2025. The proposal is Treasury's first rulemaking-level signal on the outbound investment program; the source report does not detail covered sectors or transaction types, so counsel should read the NPRM itself before relying on summaries.

Why it matters: outbound investment review adds a pre-closing regulatory gate to deals firms often diligence only for antitrust, foreign investment and export-control reasons. If the proposal widens covered sectors or transaction types, private equity funds, strategic acquirers and sovereign investors face longer timetables, notice obligations and penalty exposure for non-compliance, and counterparties and lenders will demand representations on US outbound investment coverage well before closing.

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LittlerSanctions / Export Controls+ Expand
SDNY suit links Ubiquiti gear to alleged Russian drone attacks

A new Southern District of New York complaint against Ubiquiti converts alleged export-control and sanctions-compliance failures into state-law tort claims, testing whether a tech supplier can be liable for products that worked as intended.

Ukrainian civilians have sued networking-equipment maker Ubiquiti in the Southern District of New York, alleging its airMAX radio bridges formed part of the communications infrastructure Russian forces used to identify and strike civilians in Kherson, Chernihiv and elsewhere. The complaint asserts negligent entrustment, public nuisance, strict products liability on a design-defect theory, negligent design, negligent infliction of emotional distress and aiding-and-abetting torts, unusual because it does not allege the devices malfunctioned, only that they worked as intended and enabled sanctioned military end users.

Two features make the case worth tracking. First, plaintiffs convert alleged export-control and sanctions-compliance failures into state-law tort duty, invoking post-sale telemetry, firmware updates and distributor authority to argue a duty to geofence, whitelist or deactivate devices. Second, liability is asserted at the network level rather than the device level, sidestepping the causation problem that defeated recent semiconductor war-crimes claims.

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Jones DaySanctions / Export Controls+ Expand
Treasury Draft Rules Would Restrict U.S. Investments in China's Biotech Sector

Treasury's draft outbound investment regulations would extend prohibitions to certain U.S. investments in China's biotechnology sector, pulling fund commitments, joint ventures and licensing deals into scope ahead of a final rule.

Jones Day reports that the U.S. Treasury Department has issued draft regulations that would prohibit certain U.S. investments into China's biotechnology sector, extending the outbound investment security program into an additional technology field. The regime's existing covered sectors — semiconductors, quantum information and artificial intelligence, among others — would gain biotechnology, and with it new prohibitions or restrictions on covered transactions by covered U.S. persons, which in practice reaches private equity, venture capital and corporate investment activity rather than only strategic deals.

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Orrick, Herrington & SutcliffeFinancial Regulation+ Expand
20 states and DC sue Treasury, FinCEN over CTA beneficial ownership exemptions

A 20-state coalition plus the District of Columbia filed suit in Oregon challenging FinCEN's exemptions for domestic companies and U.S. persons and seeking to block deletion of previously reported ownership data.

On October 27, a coalition of 20 states and the District of Columbia filed suit in the U.S. District Court for the District of Oregon against the Department of the Treasury, FinCEN and four federal officials. According to the complaint as reported, the states seek to vacate FinCEN's rules exempting domestic companies and U.S. persons from beneficial ownership reporting under the Corporate Transparency Act and to block the deletion of data already reported. Sophisticated counsel should see two distinct fronts of exposure. First, the exemptions and the data-deletion decision are the operative relief for clients who concluded their filing obligations had ended; an adverse ruling would revive reporting duties for a large population of domestic entities and with them penalty exposure, the need to re-collect ownership information, and recalibration of bank and corporate-services onboarding workflows. Second, the case tests how far state enforcement authority reaches over federal AML administration, and an appeal is likely whatever the district court decides on the merits, prolonging uncert

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Orrick, Herrington & SutcliffeCybersecurity+ Expand
Fannie Mae Adds AI Governance and 36-Hour Cyber Notice to Security Supplement

Lenders must now report cyber incidents within 36 hours and fold AI-risk oversight into their compliance regimes under Fannie Mae's updated supplement.

Fannie Mae's latest Information Security and Business Resiliency Supplement, effective January 18, 2027, expands the government-sponsored enterprise's cybersecurity framework to include a new "Super Intelligence" governance section, a term that in practice refers to emerging AI and advanced analytics technologies that can influence mortgage-service workflows. The update also introduces a 36-hour cyber-incident notice requirement, obliging mortgage originators, servicers, and related lenders to notify Fannie Mae of any incident that potentially compromises borrower data, system integrity, or the availability of pledged collateral. For firms advising banking and mortgage-servicing clients, the change means revisiting internal risk-management policies, tightening governance around AI tools, and ensuring incident-reporting procedures can meet the tightened disclosure threshold. The exact scope of "Super Intelligence" remains limited in available reporting, but the move signals a broader regulatory push toward embedding AI risk within core cybersecurity compliance. Clients should assess A

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Foley & LardnerImmigration+ Expand
H-1B, Green Card Sponsorship Now Tied to Employer Layoff History

Executive Order 14431 makes layoff history a factor in H-1B and PERM adjudication, and DOL has already stopped processing green card certifications for eight major employers.

Executive Order 14431, signed September 18, 2026 and published at 91 FR 60501, directs DOS, DOL and DHS to consider whether an employer "directly or indirectly engaged in layoffs within the previous year or plans future layoffs" affecting similarly situated US workers when reviewing LCAs, H-1B petitions, visa applications and admission. DOL's Wage and Hour Division must review previously filed LCAs within 30 days for enforcement under INA 212(n)(2)(G), and rulemaking authority is delegated to four agencies, so implementing guidance is likely to arrive in waves.

Separately, at an October 8, 2026 White House press conference, Labor Secretary Sonderling said DOL would stop accepting or processing PERM labor certifications for eight employers — six for certification volume and two under active federal investigations. The firms were not named, and DOL published no Federal Register notice or identified regulatory basis, making legal challenge plausible under 20 CFR 656.31, whose suspensions can run 180 days and, if fraud is found, support denial and debarment.

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Morrison & FoersterFintech / Crypto+ Expand
Ripple Wins Final OCC Approval for National Trust Bank Charter

The OCC has given Ripple final approval to form the Ripple National Trust Bank, converting a conditional charter granted in December 2025 into an operating national trust bank for a major digital-asset issuer.

MoFo's Financial Markets & Innovation roundup reports that on October 26 the Office of the Comptroller of the Currency gave Ripple final approval to establish the Ripple National Trust Bank, following an application filed July 2, 2025 and a conditional charter granted December 12, 2025. The material development is the conversion of a conditional approval into an operative national trust bank charter, which brings a prominent digital-asset issuer inside the federal banking supervisor's perimeter and gives it a federally supervised balance-sheet vehicle that may displace reliance on state money-transmission or other arrangements.

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DLA PiperInternational Trade / Tariffs+ Expand
Trump issues Section 232 proclamation on robotics and industrial machinery

A Section 232 proclamation dated October 28, 2026, following a Commerce Department investigation, subjects robotics and industrial machinery imports to new presidential trade restrictions; rates, scope and dates await detail.

On October 28, 2026, President Trump issued a proclamation under Section 232 of the Trade Expansion Act of 1962, following a U.S. Department of Commerce investigation into the effects of imports of robotics and industrial machinery. Section 232 actions of this kind typically authorize tariffs or quotas on an identified class of imports and can be modified or terminated by later presidential action, with implementation carried out through customs rules and agency guidance.

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VenableIP / Patent+ Expand
Genentech Opens First BPCIA Fight Over Xolair Biosimilar ADL-018

Genentech's Delaware complaint alleging nine patents against Kashiv and Amneal over proposed omalizumab biosimilar ADL-018 is reported as the first BPCIA suit on this product, an early read on the § 262 pathway.

On October 16, 2026, Genentech filed BPCIA Litigation No. 1:26-cv-01343 in the District of Delaware against Kashiv and Amneal, alleging that their proposed Xolair (omalizumab) biosimilar, ADL-018, infringes nine patents. Venable describes the filing as the first litigation brought against this biosimilar; the precise scope of that "first" — first against ADL-018 rather than first of any kind — is not fully specified in the available reporting.

Why sophisticated counsel care: BPCIA litigation under 35 U.S.C. § 262 is the principal channel biologics developers use to test challengers' patent positions before launch, and omalizumab is a high-revenue immunology product where biosimilar entry is a material commercial variable for both innovator and filer clients. A nine-patent assertion shows how an innovator will package its biologic patent estate in the § 262 setting, and how quickly a challenger will respond.

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K&L GatesHealthcare+ Expand
DOJ, HHS Open Coordinated Health Care Self-Disclosure Pathways

DOJ's NFED criminal channel and a six-month civil FCA self-disclosure pilot, open until 22 April 2027, give health care clients defined reporting routes but narrow eligibility and releases leaving state and exclusion exposure open.

In October 2026 DOJ and HHS opened two coordinated routes for healthcare companies to self-report misconduct involving federally funded healthcare programs. The NFED Healthcare Self-Disclosure Program (announced 15 October) routes potentially criminal conduct to DOJ's Health Care Fraud Section, which will forward the submission to HHS-OIG; a qualifying DOJ disclosure satisfies HHS-OIG's Self-Disclosure Protocol without a separate filing, and disclosure to HHS-OIG alone will not qualify for a DOJ declination. The FCA Self-Disclosure Pilot Program (announced 22 October) creates a six-month civil channel to DOJ's Civil Division, open only until 22 April 2027, requiring a complete account, supporting documents, remediation and repayment at a 1.25-1.6 multiplier rather than up to triple damages, in return for a coordinated federal FCA and HHS administrative release that does not resolve state Medicaid, licensing or exclusion exposure. Both build on DOJ's March 2026 uniform corporate enforcement and voluntary self-disclosure policy. Sophisticated clients should triage criminal versus civil

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Foley & LardnerCorporate / M&A+ Expand
Cloudflare Recap Enjoined: Delaware Draws First Line on Section 144 Safe Harbor

Delaware's Court of Chancery enjoined Cloudflare's founder-control recapitalization, finding a reasonable probability the special committee lacked good faith under DGCL Section 144's 2025 safe harbor.

In re Cloudflare, Inc. Stockholder Litigation (Del. Ch., V.C. Laster) preliminarily enjoined the founders' multi-step recapitalization — Class B exchanged into one-vote Class A plus nine-vote preferred, with a new non-voting Class C — designed to preserve founder control while unlocking liquidity the plaintiffs' expert valued above $4 billion. Defendants won every statutory argument: Section 144(d)(6)'s injunction exclusion reaches only Unocal/Revlon/Blasius-style deal protections, not conflicted controller transactions; the board's disinterestedness determinations survive gross-negligence review; and the heightened disinterest presumption for listed companies applies beyond the pleadings, requiring clear and convincing evidence to rebut. But the court found a reasonable probability that the committee lacked good faith, citing a controlled mindset, a pre-set narrative, backchannels to the founder, and Signal messages set to auto-delete; the gross-negligence claim failed, and defendants were offered a roughly 90-day bifurcated mini-trial on good faith alone. Counsel should expect the

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Arnold & PorterFDA / Life Sciences Regulatory+ Expand
HHS Draft Policy Shields Six Peptides in Compounding Pending FDA Rule

HHS says it does not intend to enforce against pharmacies, federal facilities and physicians compounding six named peptides when ten conditions are met, while FDA rulemaking on compounding stays pending.

HHS announced on October 28, 2026 a draft policy under which it does not intend to take enforcement action against state-licensed pharmacies, federal facilities or licensed physicians that compound a drug using six peptide bulk drug substances — BPC-157, epitalon, KPV, MOTS-c, semax and TB-500 — provided 10 conditions are met, while FDA rulemaking on compounding remains pending.

The step matters because it places an enforcement-discretion backstop between a still-unfinished FDA rulemaking record and businesses compounding peptides, a category frequently sold direct-to-consumer through telehealth and wellness channels. Because the discretion is expressly tied to pending rulemaking, the agency's position could shift once that rule is finalized; the available advisory does not describe the 10 conditions themselves, so the actual scope of protection cannot be assessed from this source alone and should be read in the draft text.

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Pillsbury Winthrop Shaw PittmanSanctions / Export Controls+ Expand
Treasury Proposes COINS Act Rules for Outbound Investment Screening

Treasury's proposed rule to implement the COINS Act would build out notification and filing duties for certain U.S. outbound investments into countries of concern, adding a federal overlay on export controls and sanctions.

On October 22, 2026, the U.S. Department of Treasury issued a Notice of Proposed Rulemaking to implement the Comprehensive Outbound Investment National Security (COINS) Act, enacted as part of FY 2026 national defense authorization legislation. The proposal is the first step in building out a mandatory notification and filing regime for certain U.S. outbound investments into countries of concern.

For major-firm clients, COINS is becoming a new federal overlay on cross-border capital flows, sitting alongside export controls, sanctions and CFIUS-style review. Because the statute, the covered technology and covered country lists, the filing mechanics and any penalty exposure all still depend on the final rule, companies and private equity funds with existing or contemplated ties to semiconductor, quantum and other critical-technology counterparties in China and other covered jurisdictions are best served modeling notification triggers now rather than after adoption. The NPRM comment period and the content of the final rule are the immediate next developments to watch, along with any in

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Mayer BrownHealthcare+ Expand
DOL Final Rule Requires PBM Fee Disclosure to Large Self-Insured Plans

A new federal rule obliges pharmacy benefit managers to disclose fees to large self-insured health plans, adding a compliance layer in a contested area for employer benefits counsel, PBMs and plan intermediaries.

The U.S. Department of Labor has issued a final rule requiring pharmacy benefit managers to disclose fees to large self-insured health plans, according to a Mayer Brown client alert published 2 November 2026. The development lands in an already crowded PBM transparency landscape that has drawn state legislative attention, congressional proposals and federal agency scrutiny, so sponsors and intermediaries are absorbing a new federal disclosure regime on top of existing state and contractual obligations.

Why sophisticated counsel should care: self-insured plans covering large workforces sit at the front line of PBM fee pass-through disputes, and a federal disclosure mandate is likely to reshape what administrative-services contracts, disclosure schedules, audit rights and vendor-negotiation data must contain. Large employers should expect fresh PBM fee data requests routed through their own intermediaries, while PBMs face standardized disclosure duties that could surface in litigation, regulatory inquiries or negotiations with clients.

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Goodwin ProcterSecurities / Capital Markets+ Expand
SEC Proposes Rules to Open Registered Funds to Private Markets

Two SEC proposals would let registered funds deliver private-market exposure more freely, while shifting liquidity, valuation and board-oversight burdens onto fund-level judgments and leaving key terms open to comment.

The SEC has put forward two proposals that would make registered fund structures more attractive to sponsors offering investors access to private markets. As described in the client alert, the pair could broaden the routes by which private-market exposure is delivered through registered vehicles, and in exchange would rely more heavily on fund-specific judgments about liquidity and valuation and on board oversight rather than a single uniform framework. Both proposals are in the public comment stage; the alert does not state the comment deadline, and neither proposal is final, so terms could shift before adoption. Counsel and clients should care because the design points — how liquidity is classified, how valuations are struck, and what boards must do — determine how sponsors package flagship private-market products, how advisers are paid, and where illiquidity and stale-pricing risk sit. Watch for the comment deadline, the substance of comment letters from private-markets trade groups, and any final rules that follow.

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Pillsbury Winthrop Shaw PittmanEnergy / Renewables+ Expand
NERC Petitions FERC to Register Large Data Centers as Reliability Entities

NERC's October 21 petition asks FERC to bring large data centers into federal bulk-power reliability registration, putting hyperscaler load growth into a new compliance and cost-allocation docket.

On October 21, 2026, the North American Electric Reliability Corporation filed with the Federal Energy Regulatory Commission a petition seeking approval of new registration requirements designed to bring large data centers into the federal reliability framework, on the theory that their computational load raises grid concerns. The available material confirms the filing and its date; registration thresholds, cost-allocation mechanics, comment deadlines and any implementation schedule are not reported in the source snippet and should be verified against the petition text.

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Foley & LardnerFDA / Life Sciences Regulatory+ Expand
HHS Enforcement Discretion for Six Compounded Peptides

HHS says it will not enforce against 503A compounding of six peptides including BPC-157 if a detailed set of conditions is met, but the substances still are not on FDA's bulks list and the policy is open for comment.

On October 28, 2026, HHS issued an "Enforcement Discretion Policy Regarding 503A Compounding Using Certain Peptide Bulk Drug Substances," according to a Foley & Lardner alert; comments close two weeks after Federal Register publication, which the firm lists as November 13, 2026. The policy states HHS does not intend to enforce against state-licensed pharmacies, federal facilities, or licensed physicians compounding from six bulk substances — BPC-157, Epitalon, KPV, MOTS-c, Semax and TB-500 — provided roughly ten conditions are met, including sourcing from an FDA-registered facility with a certificate of analysis, CGMP-compliant manufacturing, MedWatch adverse event reporting, single-ingredient products, bioavailability documentation for oral formulations and 510(k)-cleared syringes.

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DLA PiperFintech / Crypto+ Expand
OCC Finalizes GENIUS Act Stablecoin Rules for Banks and Issuers

The OCC's October 21, 2026 final rule implementing key GENIUS Act provisions reshapes the perimeter for banks and stablecoin issuers, and clients need a read on obligations, chartering options, and transition timing.

The Office of the Comptroller of the Currency issued a final rule on October 21, 2026 implementing key provisions of the GENIUS Act, the federal payment stablecoin framework. DLA Piper's client alert frames the rule as relevant to banks and stablecoin issuers alike and is best treated as a roadmap rather than a substitute for the rule text: which activities banks and regulated issuers may conduct, what supervision and reserve-related expectations attach, and how issuance, custody, and distribution relationships are structured. Because the OCC framework operates alongside other GENIUS Act implementation work, counsel should confirm which obligations are OCC-administered, which belong to other agencies, and what transition periods and effective dates apply before advising clients. For major-firm clients the immediate questions are practical: whether an existing payments, banking, or fintech platform should pursue or adjust a regulated issuance model, and how marketing, disclosures, and operational controls change. Watch for staggered effective dates, further agency proposals, and litig

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Pillsbury Winthrop Shaw PittmanGovernment Contracts / Defense+ Expand
Pentagon Establishes FORTRESS America for Defense Energy and Industrial Base

A September 30, 2026 War Department memorandum creates FORTRESS America, a department-wide program to secure the energy, industrial capacity, resources and infrastructure underpinning the U.S. military.

Pillsbury Winthrop Shaw Pittman reports that on September 30, 2026, Secretary of War Pete Hegseth issued a memorandum establishing FORTRESS America, described as a new department-wide program intended to secure the energy, industrial capacity, resources and infrastructure that support the U.S. military. The firm's alert frames the program as carrying implications for energy, nuclear and defense companies. The operative details of the memorandum — funding authorities, implementing contracts, procurement preferences, facility or resource designations — are not set out in the material reviewed here, and corroborating coverage from other firms has not been confirmed.

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McGuireWoodsEmployment / Labor+ Expand
GB Employer Duty to Prevent Sexual Harassment Expands Oct. 30

Great Britain's Employment Rights Act 2025 further increases the duty on employers to prevent workplace sexual harassment from Oct. 30, 2026, prompting policy, training and documentation reviews.

From 30 October 2026, the Employment Rights Act 2025 further increases the burden on employers in Great Britain to prevent workplace sexual harassment, according to a McGuireWoods alert. The alert frames the change as added pressure on employers without setting out the operative detail, so the precise scope of the duty, the standard of prevention it demands, and the enforcement route remain unconfirmed in the source material and should be verified against the statutory text and any published guidance.

The practical significance is that a statutory prevention duty shifts the focus from post-complaint response to what preventive steps an employer can evidence in advance. That bears on policy design, training, investigation records and the record available if a harassment claim or regulatory inquiry follows, and it affects both defence posture and internal compliance review.

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Morgan, Lewis & BockiusEmployment / Labor+ Expand
EEOC Rescinds 2012 Guidance on Arrest and Conviction Records

The commission withdrew its guidance on how employers may consider arrest and conviction records in hiring, leaving record-based exclusion criteria to be defended against disparate-impact and statutory challenges on their own terms.

According to a law-firm alert, on October 29 the US Equal Employment Opportunity Commission rescinded its 2012 enforcement guidance addressing employers' consideration of arrest and conviction records in employment decisions. That guidance had been the Commission's principal interpretive statement on whether criminal-record screening criteria can raise disparate-impact exposure under Title VII, and it shaped how employers and in-house counsel structured record-based exclusions and job postings.

Sophisticated employers should not read the rescission as permission. It withdraws guidance, not statutory obligations: Title VII's disparate-impact framework, the Fair Credit Reporting Act's accuracy and adverse-action requirements, and state fair-chance and "ban the box" statutes operate independently of federal EEOC guidance. The practical effect of removing the guidance is greater uncertainty about how far the agency and plaintiffs' bar will push criminal-record exclusions, particularly in sectors where record prevalence correlates with race, national origin, or sex.

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Mayer BrownFinancial Regulation+ Expand
SEC Proposes Overhaul of Adviser and Fund Custody Rules With Crypto Framework

Mayer Brown reports the SEC has proposed modernizing registered adviser and fund custody rules, including a crypto custody framework; the proposal text, release number and comment deadline are not in the available evidence.

The cluster contains a single Mayer Brown alert, dated 2 November 2026, reporting that the SEC has proposed modernizing the custody rules applicable to registered investment advisers and funds, with the package including a crypto custody framework. No other source in the cluster corroborates the proposal, and the alert material available for review is limited to its title, so the specific rule text, release numbers, comment deadlines, and any safe-harbor or verification mechanics for digital-asset custody cannot be verified from this evidence.

Why it matters: custody rules sit at the intersection of adviser fiduciary obligations, fund governance and — if a crypto framework is included — how advisers or funds hold client digital assets. A modernization that clarifies permissible custody and third-party arrangements, or reworks verification and disclosure obligations, could change how alternative managers, crypto funds and their counterparties structure operations, contracts and disclosures, and it may ripple into state-level and non-US regimes that mirror the US framework.

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King & SpaldingOil & Gas+ Expand
FERC Proposes First Blanket Authorization for LNG Plants

FERC's proposed first-ever blanket authorization program for LNG plants, together with a new air modeling policy, could shorten permitting timelines for natural gas infrastructure developers.

On October 15, 2026, FERC took two steps intended to expedite review of natural gas infrastructure: it proposed the first blanket authorization program for liquefied natural gas (LNG) plants, and it took a second action on an air modeling policy, whose terms the source summary does not set out. Counsel should treat the first item as a proposal, not a final program; scope, eligible facilities, and the treatment of contested proceedings would be settled through notice and comment.

Schedule certainty, rather than engineering design, drives the economics, financing, and offtake commitments of LNG projects, and FERC review with its environmental analysis is the usual pacing item. A blanket authorization route could compress the front end of that review, while an air modeling policy could standardize how air quality effects are analyzed inside FERC proceedings. Both steps foreground the seam between FERC's exclusive jurisdiction over interstate gas siting and the separate state and federal air regimes that often drive real-world timelines.

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Davis Wright TremaineInternational Trade / Tariffs+ Expand
US amends Section 338 Canada tariff list again, asks for ITC role comments

A second October 30 revision to the roughly $20 billion of Canadian goods facing 50% duties or outright import bans under Section 338 came with a request for comment on the ITC's role.

On October 30, the administration made a second set of modifications to the list of approximately $20 billion in Canadian goods currently subject to 50% tariffs or outright import bans imposed under Section 338 of the Tariff Act of 1930 (19 U.S.C. § 1338), and in the same action requested comment on the role of the International Trade Commission. Section 338 is a rarely invoked presidential authority, so the cadence of these revisions, paired with a docket on the Commission's procedural role, suggests an active and evolving regime rather than a one-off measure. Trade, customs and supply-chain counsel should treat the list as a moving target: product classifications previously exempt, modified or newly covered may change again, and the comment process could shape how future actions are administered. Canada-facing manufacturers, importers and distributors should re-map HTS classifications and landing costs against the revised treatment of affected lines, and consider alternate sourcing or tariff engineering where exposure is concentrated. The next developments to watch are the comment

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DIG DEEPER
MOST CONSEQUENTIALTreasury Proposes Expanded Outbound Investment Rules Under COINS Act

Treasury's Office of Investment Security published an NPRM on October 22, 2026 to implement Subtitle C of the COINS Act, signalling an expansion of the U.S. outbound investment security program.

White & Case reports that on 22 October 2026 the U.S. Treasury Department's Office of Investment Security published a Notice of Proposed Rulemaking to implement Subtitle C of the Comprehensive Outbound Investment National Security Act, referred to in the report as the COINS Act, the statutory basis for the outbound investment security program.

The development matters because the program conditions certain transactions by U.S. persons involving foreign entities engaged in covered national-security activities, and the reported proposal indicates an expansion of that regime. Counsel advising U.S. and non-U.S. clients on cross-border capital deployment into sensitive technology and adjacent industries should read the NPRM closely for changes to covered sectors and technologies, covered transaction types, notification versus prohibition treatment, and any compliance or filing mechanics. Because the source material reviewed here does not itemise the proposal's provisions, the precise scope of the expansion, the comment-period deadline, and the expected final-rule timetable are unconfirmed

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White & CaseSanctions / Export Controls
outbound-investmenttreasury-nprminvestment-securitynational-securityexport-controlscross-border-cde
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 — CORPORATE / M&A1
Foley & Lardner+ Expand
Cloudflare Recap Enjoined: Delaware Draws First Line on Section 144 Safe Harbor

Delaware's Court of Chancery enjoined Cloudflare's founder-control recapitalization, finding a reasonable probability the special committee lacked good faith under DGCL Section 144's 2025 safe harbor.

In re Cloudflare, Inc. Stockholder Litigation (Del. Ch., V.C. Laster) preliminarily enjoined the founders' multi-step recapitalization — Class B exchanged into one-vote Class A plus nine-vote preferred, with a new non-voting Class C — designed to preserve founder control while unlocking liquidity the plaintiffs' expert valued above $4 billion. Defendants won every statutory argument: Section 144(d)(6)'s injunction exclusion reaches only Unocal/Revlon/Blasius-style deal protections, not conflicted controller transactions; the board's disinterestedness determinations survive gross-negligence review; and the heightened disinterest presumption for listed companies applies beyond the pleadings, requiring clear and convincing evidence to rebut. But the court found a reasonable probability that the committee lacked good faith, citing a controlled mindset, a pre-set narrative, backchannels to the founder, and Signal messages set to auto-delete; the gross-negligence claim failed, and defendants were offered a roughly 90-day bifurcated mini-trial on good faith alone. Counsel should expect the

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delaware-chancerysection-144stockholder-litigationcontroller-transactionsfiduciary-dutysafe-harborpreliminary-injunctionspecial-committee
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02 — CYBERSECURITY1
Orrick, Herrington & Sutcliffe+ Expand
Fannie Mae Adds AI Governance and 36-Hour Cyber Notice to Security Supplement

Lenders must now report cyber incidents within 36 hours and fold AI-risk oversight into their compliance regimes under Fannie Mae's updated supplement.

Fannie Mae's latest Information Security and Business Resiliency Supplement, effective January 18, 2027, expands the government-sponsored enterprise's cybersecurity framework to include a new "Super Intelligence" governance section, a term that in practice refers to emerging AI and advanced analytics technologies that can influence mortgage-service workflows. The update also introduces a 36-hour cyber-incident notice requirement, obliging mortgage originators, servicers, and related lenders to notify Fannie Mae of any incident that potentially compromises borrower data, system integrity, or the availability of pledged collateral. For firms advising banking and mortgage-servicing clients, the change means revisiting internal risk-management policies, tightening governance around AI tools, and ensuring incident-reporting procedures can meet the tightened disclosure threshold. The exact scope of "Super Intelligence" remains limited in available reporting, but the move signals a broader regulatory push toward embedding AI risk within core cybersecurity compliance. Clients should assess A

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fannie-maeinformation-securitysuper-intelligencecyber-incident-noticemortgage-lenders
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03 — EMPLOYMENT / LABOR2
McGuireWoods+ Expand
GB Employer Duty to Prevent Sexual Harassment Expands Oct. 30

Great Britain's Employment Rights Act 2025 further increases the duty on employers to prevent workplace sexual harassment from Oct. 30, 2026, prompting policy, training and documentation reviews.

From 30 October 2026, the Employment Rights Act 2025 further increases the burden on employers in Great Britain to prevent workplace sexual harassment, according to a McGuireWoods alert. The alert frames the change as added pressure on employers without setting out the operative detail, so the precise scope of the duty, the standard of prevention it demands, and the enforcement route remain unconfirmed in the source material and should be verified against the statutory text and any published guidance.

The practical significance is that a statutory prevention duty shifts the focus from post-complaint response to what preventive steps an employer can evidence in advance. That bears on policy design, training, investigation records and the record available if a harassment claim or regulatory inquiry follows, and it affects both defence posture and internal compliance review.

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employment-rights-actsexual-harassmentgreat-britainworkplace-complianceemployer-dutyemployment-policy
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Morgan, Lewis & Bockius+ Expand
EEOC Rescinds 2012 Guidance on Arrest and Conviction Records

The commission withdrew its guidance on how employers may consider arrest and conviction records in hiring, leaving record-based exclusion criteria to be defended against disparate-impact and statutory challenges on their own terms.

According to a law-firm alert, on October 29 the US Equal Employment Opportunity Commission rescinded its 2012 enforcement guidance addressing employers' consideration of arrest and conviction records in employment decisions. That guidance had been the Commission's principal interpretive statement on whether criminal-record screening criteria can raise disparate-impact exposure under Title VII, and it shaped how employers and in-house counsel structured record-based exclusions and job postings.

Sophisticated employers should not read the rescission as permission. It withdraws guidance, not statutory obligations: Title VII's disparate-impact framework, the Fair Credit Reporting Act's accuracy and adverse-action requirements, and state fair-chance and "ban the box" statutes operate independently of federal EEOC guidance. The practical effect of removing the guidance is greater uncertainty about how far the agency and plaintiffs' bar will push criminal-record exclusions, particularly in sectors where record prevalence correlates with race, national origin, or sex.

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eeoc-criminal-recordsarrest-and-conviction-recordsdisparate-impacttitle-viibackground-screeninghiring-practices
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04 — ENERGY / RENEWABLES1
Pillsbury Winthrop Shaw Pittman+ Expand
NERC Petitions FERC to Register Large Data Centers as Reliability Entities

NERC's October 21 petition asks FERC to bring large data centers into federal bulk-power reliability registration, putting hyperscaler load growth into a new compliance and cost-allocation docket.

On October 21, 2026, the North American Electric Reliability Corporation filed with the Federal Energy Regulatory Commission a petition seeking approval of new registration requirements designed to bring large data centers into the federal reliability framework, on the theory that their computational load raises grid concerns. The available material confirms the filing and its date; registration thresholds, cost-allocation mechanics, comment deadlines and any implementation schedule are not reported in the source snippet and should be verified against the petition text.

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nerc-ferc-petitiondata-centersbulk-power-reliabilitygrid-reliability-standardselectricity-regulationhyperscaler-load
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05 — FDA / LIFE SCIENCES REGULATORY3
Ropes & Gray+ Expand
FDA Finalizes Guidance on Prescription Drug Use-Related Software

FDA's final PDURS guidance sets out when software functions become a prescription drug, while signaling how the agency will defend that position against First Amendment challenges.

On October 21, 2026, the U.S. Food and Drug Administration published final guidance titled "Regulatory Considerations for Prescription Drug Use-Related Software" (PDURS Guidance). According to the account circulated by Ropes & Gray, the agency finalized the document while defending its authority to regulate certain software functions, a posture suggesting it expects litigation to test its position under the First Amendment.

Why sophisticated counsel should care: the boundary between a regulated device or drug function and unregulated software practice is the central commercial question for digital health companies, software platforms, and pharma and biotech partners building companion or dosing applications. Guidance that both explains the framework and stakes out a constitutional defense has implications for product design, premarket regulatory strategy, and the willingness of venture-backed issuers to pursue software-centric models in the prescription space. It also offers a foreseeable focal point for industry challenge to the agency's asserted jurisdiction.

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fda-guidanceprescription-drug-softwaredigital-healthfirst-amendmentregulatory-cleared-softwarelife-sciences
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Arnold & Porter+ Expand
HHS Draft Policy Shields Six Peptides in Compounding Pending FDA Rule

HHS says it does not intend to enforce against pharmacies, federal facilities and physicians compounding six named peptides when ten conditions are met, while FDA rulemaking on compounding stays pending.

HHS announced on October 28, 2026 a draft policy under which it does not intend to take enforcement action against state-licensed pharmacies, federal facilities or licensed physicians that compound a drug using six peptide bulk drug substances — BPC-157, epitalon, KPV, MOTS-c, semax and TB-500 — provided 10 conditions are met, while FDA rulemaking on compounding remains pending.

The step matters because it places an enforcement-discretion backstop between a still-unfinished FDA rulemaking record and businesses compounding peptides, a category frequently sold direct-to-consumer through telehealth and wellness channels. Because the discretion is expressly tied to pending rulemaking, the agency's position could shift once that rule is finalized; the available advisory does not describe the 10 conditions themselves, so the actual scope of protection cannot be assessed from this source alone and should be read in the draft text.

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hhs-enforcement-discretionfda-compoundingpeptide-bulk-drug-substancesbpc-157fda-rulemakingtelehealth-compounding
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Foley & Lardner+ Expand
HHS Enforcement Discretion for Six Compounded Peptides

HHS says it will not enforce against 503A compounding of six peptides including BPC-157 if a detailed set of conditions is met, but the substances still are not on FDA's bulks list and the policy is open for comment.

On October 28, 2026, HHS issued an "Enforcement Discretion Policy Regarding 503A Compounding Using Certain Peptide Bulk Drug Substances," according to a Foley & Lardner alert; comments close two weeks after Federal Register publication, which the firm lists as November 13, 2026. The policy states HHS does not intend to enforce against state-licensed pharmacies, federal facilities, or licensed physicians compounding from six bulk substances — BPC-157, Epitalon, KPV, MOTS-c, Semax and TB-500 — provided roughly ten conditions are met, including sourcing from an FDA-registered facility with a certificate of analysis, CGMP-compliant manufacturing, MedWatch adverse event reporting, single-ingredient products, bioavailability documentation for oral formulations and 510(k)-cleared syringes.

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enforcement-discretion503a-compoundingbulk-drug-substancespeptidesfda-rulemakingcompounding-pharmaciestelehealth
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06 — FINANCIAL REGULATION2
Orrick, Herrington & Sutcliffe+ Expand
20 states and DC sue Treasury, FinCEN over CTA beneficial ownership exemptions

A 20-state coalition plus the District of Columbia filed suit in Oregon challenging FinCEN's exemptions for domestic companies and U.S. persons and seeking to block deletion of previously reported ownership data.

On October 27, a coalition of 20 states and the District of Columbia filed suit in the U.S. District Court for the District of Oregon against the Department of the Treasury, FinCEN and four federal officials. According to the complaint as reported, the states seek to vacate FinCEN's rules exempting domestic companies and U.S. persons from beneficial ownership reporting under the Corporate Transparency Act and to block the deletion of data already reported. Sophisticated counsel should see two distinct fronts of exposure. First, the exemptions and the data-deletion decision are the operative relief for clients who concluded their filing obligations had ended; an adverse ruling would revive reporting duties for a large population of domestic entities and with them penalty exposure, the need to re-collect ownership information, and recalibration of bank and corporate-services onboarding workflows. Second, the case tests how far state enforcement authority reaches over federal AML administration, and an appeal is likely whatever the district court decides on the merits, prolonging uncert

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corporate-transparency-actbeneficial-ownershipfincenaml-compliancestate-attorneys-generaldata-deletion
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Mayer Brown+ Expand
SEC Proposes Overhaul of Adviser and Fund Custody Rules With Crypto Framework

Mayer Brown reports the SEC has proposed modernizing registered adviser and fund custody rules, including a crypto custody framework; the proposal text, release number and comment deadline are not in the available evidence.

The cluster contains a single Mayer Brown alert, dated 2 November 2026, reporting that the SEC has proposed modernizing the custody rules applicable to registered investment advisers and funds, with the package including a crypto custody framework. No other source in the cluster corroborates the proposal, and the alert material available for review is limited to its title, so the specific rule text, release numbers, comment deadlines, and any safe-harbor or verification mechanics for digital-asset custody cannot be verified from this evidence.

Why it matters: custody rules sit at the intersection of adviser fiduciary obligations, fund governance and — if a crypto framework is included — how advisers or funds hold client digital assets. A modernization that clarifies permissible custody and third-party arrangements, or reworks verification and disclosure obligations, could change how alternative managers, crypto funds and their counterparties structure operations, contracts and disclosures, and it may ripple into state-level and non-US regimes that mirror the US framework.

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sec-custody-rulescrypto-custodyinvestment-advisersfund-custodysec-rulemaking
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07 — FINTECH / CRYPTO3
Steptoe+ Expand
OCC Finalizes GENIUS Act Stablecoin Rules for Issuers and Banks

A Steptoe alert says the OCC has finalized rules implementing the GENIUS Act for payment stablecoins, setting a compliance path for issuers and for the banks that hold their reserves.

The OCC has finalized implementing rules under the GENIUS Act governing payment stablecoins, according to a Steptoe client alert, with obligations aimed at both stablecoin issuers and the banks that hold or service the associated reserves. The alert signals that the statutory regime for stablecoin issuance is moving from proposal to final rule, a step that reshapes product design and client mandates rather than a narrow technical fix.

Why sophisticated counsel should care: stablecoin issuance now sits under a defined federal prudential framework, so banks, fintechs, and corporate treasurers face a concrete compliance calendar. Reserve, custody, disclosure, and activity-restriction requirements, along with the treatment of permitted issuer affiliates, affect whether a client can launch, distribute, or hold digital dollars and how existing treasury arrangements and vendor contracts need to be renegotiated.

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genius-actstablecoinsocc-final-ruledigital-assetsbank-compliance
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Morrison & Foerster+ Expand
Ripple Wins Final OCC Approval for National Trust Bank Charter

The OCC has given Ripple final approval to form the Ripple National Trust Bank, converting a conditional charter granted in December 2025 into an operating national trust bank for a major digital-asset issuer.

MoFo's Financial Markets & Innovation roundup reports that on October 26 the Office of the Comptroller of the Currency gave Ripple final approval to establish the Ripple National Trust Bank, following an application filed July 2, 2025 and a conditional charter granted December 12, 2025. The material development is the conversion of a conditional approval into an operative national trust bank charter, which brings a prominent digital-asset issuer inside the federal banking supervisor's perimeter and gives it a federally supervised balance-sheet vehicle that may displace reliance on state money-transmission or other arrangements.

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rippleocc-charternational-trust-bankstablecoinfinancial-regulationdigital-assetsbanking-charter
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DLA Piper+ Expand
OCC Finalizes GENIUS Act Stablecoin Rules for Banks and Issuers

The OCC's October 21, 2026 final rule implementing key GENIUS Act provisions reshapes the perimeter for banks and stablecoin issuers, and clients need a read on obligations, chartering options, and transition timing.

The Office of the Comptroller of the Currency issued a final rule on October 21, 2026 implementing key provisions of the GENIUS Act, the federal payment stablecoin framework. DLA Piper's client alert frames the rule as relevant to banks and stablecoin issuers alike and is best treated as a roadmap rather than a substitute for the rule text: which activities banks and regulated issuers may conduct, what supervision and reserve-related expectations attach, and how issuance, custody, and distribution relationships are structured. Because the OCC framework operates alongside other GENIUS Act implementation work, counsel should confirm which obligations are OCC-administered, which belong to other agencies, and what transition periods and effective dates apply before advising clients. For major-firm clients the immediate questions are practical: whether an existing payments, banking, or fintech platform should pursue or adjust a regulated issuance model, and how marketing, disclosures, and operational controls change. Watch for staggered effective dates, further agency proposals, and litig

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occ-final-rulegenius-actstablecoin-rulesbank-chartersdigital-assetspayments-regulation
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08 — GOVERNMENT CONTRACTS / DEFENSE1
Pillsbury Winthrop Shaw Pittman+ Expand
Pentagon Establishes FORTRESS America for Defense Energy and Industrial Base

A September 30, 2026 War Department memorandum creates FORTRESS America, a department-wide program to secure the energy, industrial capacity, resources and infrastructure underpinning the U.S. military.

Pillsbury Winthrop Shaw Pittman reports that on September 30, 2026, Secretary of War Pete Hegseth issued a memorandum establishing FORTRESS America, described as a new department-wide program intended to secure the energy, industrial capacity, resources and infrastructure that support the U.S. military. The firm's alert frames the program as carrying implications for energy, nuclear and defense companies. The operative details of the memorandum — funding authorities, implementing contracts, procurement preferences, facility or resource designations — are not set out in the material reviewed here, and corroborating coverage from other firms has not been confirmed.

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fortress-americadefense-industrial-basewar-department-memorandumnuclear-energycritical-materialsdefense-procurement
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09 — HEALTHCARE2
K&L Gates+ Expand
DOJ, HHS Open Coordinated Health Care Self-Disclosure Pathways

DOJ's NFED criminal channel and a six-month civil FCA self-disclosure pilot, open until 22 April 2027, give health care clients defined reporting routes but narrow eligibility and releases leaving state and exclusion exposure open.

In October 2026 DOJ and HHS opened two coordinated routes for healthcare companies to self-report misconduct involving federally funded healthcare programs. The NFED Healthcare Self-Disclosure Program (announced 15 October) routes potentially criminal conduct to DOJ's Health Care Fraud Section, which will forward the submission to HHS-OIG; a qualifying DOJ disclosure satisfies HHS-OIG's Self-Disclosure Protocol without a separate filing, and disclosure to HHS-OIG alone will not qualify for a DOJ declination. The FCA Self-Disclosure Pilot Program (announced 22 October) creates a six-month civil channel to DOJ's Civil Division, open only until 22 April 2027, requiring a complete account, supporting documents, remediation and repayment at a 1.25-1.6 multiplier rather than up to triple damages, in return for a coordinated federal FCA and HHS administrative release that does not resolve state Medicaid, licensing or exclusion exposure. Both build on DOJ's March 2026 uniform corporate enforcement and voluntary self-disclosure policy. Sophisticated clients should triage criminal versus civil

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health-care-fraudfalse-claims-actself-disclosuredoj-enforcement-policyhhs-oighealthcare-complianceremediation
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Mayer Brown+ Expand
DOL Final Rule Requires PBM Fee Disclosure to Large Self-Insured Plans

A new federal rule obliges pharmacy benefit managers to disclose fees to large self-insured health plans, adding a compliance layer in a contested area for employer benefits counsel, PBMs and plan intermediaries.

The U.S. Department of Labor has issued a final rule requiring pharmacy benefit managers to disclose fees to large self-insured health plans, according to a Mayer Brown client alert published 2 November 2026. The development lands in an already crowded PBM transparency landscape that has drawn state legislative attention, congressional proposals and federal agency scrutiny, so sponsors and intermediaries are absorbing a new federal disclosure regime on top of existing state and contractual obligations.

Why sophisticated counsel should care: self-insured plans covering large workforces sit at the front line of PBM fee pass-through disputes, and a federal disclosure mandate is likely to reshape what administrative-services contracts, disclosure schedules, audit rights and vendor-negotiation data must contain. Large employers should expect fresh PBM fee data requests routed through their own intermediaries, while PBMs face standardized disclosure duties that could surface in litigation, regulatory inquiries or negotiations with clients.

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pharmacy-benefit-managersdol-final-ruleerisapbm-fee-disclosureself-insured-health-planshealth-benefits-compliance
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10 — IMMIGRATION1
Foley & Lardner+ Expand
H-1B, Green Card Sponsorship Now Tied to Employer Layoff History

Executive Order 14431 makes layoff history a factor in H-1B and PERM adjudication, and DOL has already stopped processing green card certifications for eight major employers.

Executive Order 14431, signed September 18, 2026 and published at 91 FR 60501, directs DOS, DOL and DHS to consider whether an employer "directly or indirectly engaged in layoffs within the previous year or plans future layoffs" affecting similarly situated US workers when reviewing LCAs, H-1B petitions, visa applications and admission. DOL's Wage and Hour Division must review previously filed LCAs within 30 days for enforcement under INA 212(n)(2)(G), and rulemaking authority is delegated to four agencies, so implementing guidance is likely to arrive in waves.

Separately, at an October 8, 2026 White House press conference, Labor Secretary Sonderling said DOL would stop accepting or processing PERM labor certifications for eight employers — six for certification volume and two under active federal investigations. The firms were not named, and DOL published no Federal Register notice or identified regulatory basis, making legal challenge plausible under 20 CFR 656.31, whose suspensions can run 180 days and, if fraud is found, support denial and debarment.

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h-1bperm-labor-certificationexecutive-orderimmigration-sponsorshiplayoffsgreen-cardemployer-complianceworkforce-reduction
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11 — INTERNATIONAL TRADE / TARIFFS2
DLA Piper+ Expand
Trump issues Section 232 proclamation on robotics and industrial machinery

A Section 232 proclamation dated October 28, 2026, following a Commerce Department investigation, subjects robotics and industrial machinery imports to new presidential trade restrictions; rates, scope and dates await detail.

On October 28, 2026, President Trump issued a proclamation under Section 232 of the Trade Expansion Act of 1962, following a U.S. Department of Commerce investigation into the effects of imports of robotics and industrial machinery. Section 232 actions of this kind typically authorize tariffs or quotas on an identified class of imports and can be modified or terminated by later presidential action, with implementation carried out through customs rules and agency guidance.

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section-232tariffsroboticsindustrial-machinerytrade-policysupply-chaincommerce-investigation
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Davis Wright Tremaine+ Expand
US amends Section 338 Canada tariff list again, asks for ITC role comments

A second October 30 revision to the roughly $20 billion of Canadian goods facing 50% duties or outright import bans under Section 338 came with a request for comment on the ITC's role.

On October 30, the administration made a second set of modifications to the list of approximately $20 billion in Canadian goods currently subject to 50% tariffs or outright import bans imposed under Section 338 of the Tariff Act of 1930 (19 U.S.C. § 1338), and in the same action requested comment on the role of the International Trade Commission. Section 338 is a rarely invoked presidential authority, so the cadence of these revisions, paired with a docket on the Commission's procedural role, suggests an active and evolving regime rather than a one-off measure. Trade, customs and supply-chain counsel should treat the list as a moving target: product classifications previously exempt, modified or newly covered may change again, and the comment process could shape how future actions are administered. Canada-facing manufacturers, importers and distributors should re-map HTS classifications and landing costs against the revised treatment of affected lines, and consider alternate sourcing or tariff engineering where exposure is concentrated. The next developments to watch are the comment

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section-338tariffscanadaus-trade-policyinternational-trade-commissionimport-bans
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12 — IP / PATENT1
Venable+ Expand
Genentech Opens First BPCIA Fight Over Xolair Biosimilar ADL-018

Genentech's Delaware complaint alleging nine patents against Kashiv and Amneal over proposed omalizumab biosimilar ADL-018 is reported as the first BPCIA suit on this product, an early read on the § 262 pathway.

On October 16, 2026, Genentech filed BPCIA Litigation No. 1:26-cv-01343 in the District of Delaware against Kashiv and Amneal, alleging that their proposed Xolair (omalizumab) biosimilar, ADL-018, infringes nine patents. Venable describes the filing as the first litigation brought against this biosimilar; the precise scope of that "first" — first against ADL-018 rather than first of any kind — is not fully specified in the available reporting.

Why sophisticated counsel care: BPCIA litigation under 35 U.S.C. § 262 is the principal channel biologics developers use to test challengers' patent positions before launch, and omalizumab is a high-revenue immunology product where biosimilar entry is a material commercial variable for both innovator and filer clients. A nine-patent assertion shows how an innovator will package its biologic patent estate in the § 262 setting, and how quickly a challenger will respond.

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bpciabiosimilarxolairomalizumabgenentechpatent-litigationdelawarebiologics
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13 — OIL & GAS1
King & Spalding+ Expand
FERC Proposes First Blanket Authorization for LNG Plants

FERC's proposed first-ever blanket authorization program for LNG plants, together with a new air modeling policy, could shorten permitting timelines for natural gas infrastructure developers.

On October 15, 2026, FERC took two steps intended to expedite review of natural gas infrastructure: it proposed the first blanket authorization program for liquefied natural gas (LNG) plants, and it took a second action on an air modeling policy, whose terms the source summary does not set out. Counsel should treat the first item as a proposal, not a final program; scope, eligible facilities, and the treatment of contested proceedings would be settled through notice and comment.

Schedule certainty, rather than engineering design, drives the economics, financing, and offtake commitments of LNG projects, and FERC review with its environmental analysis is the usual pacing item. A blanket authorization route could compress the front end of that review, while an air modeling policy could standardize how air quality effects are analyzed inside FERC proceedings. Both steps foreground the seam between FERC's exclusive jurisdiction over interstate gas siting and the separate state and federal air regimes that often drive real-world timelines.

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ferclngnatural-gasblanket-authorizationpermittingair-modelingenergy-regulatory
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14 — PRIVACY / DATA SECURITY1
Alston & Bird+ Expand
Belgian DPA: EU SCCs Invalid Without Transfer Impact Assessment

A Belgian Data Protection Authority decision dated October 9, 2026 reportedly holds that use of EU Standard Contractual Clauses is invalid where the exporter never carried out a Transfer Impact Assessment.

The Belgian Data Protection Authority (APD) issued a decision on October 9, 2026, published in French, finding that a data exporter's failure to conduct a Transfer Impact Assessment (TIA) rendered its EU Standard Contractual Clauses invalid. On the available reporting, the failure is a missing TIA rather than a defect in the clauses themselves, so the decision reads as a process ruling: paper SCCs do not cure an unassessed transfer.

The cross-client significance is immediate. TIA obligations have sat inside the "appropriate safeguards" analysis since Schrems II, and DPAs have already signalled enforcement interest in transfers to jurisdictions with surveillance-law exposure. A national authority going further and treating the absence of a documented TIA as defeating the legal basis of the clauses gives privacy teams and deal teams a reason to audit whether every live SCC set, including intra-group and legacy vendor arrangements, is backed by a signed and current assessment.

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data-transfersstandard-contractual-clausestransfer-impact-assessmentgdprprivacy-enforcementbelgium
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15 — SANCTIONS / EXPORT CONTROLS6
White & Case+ Expand
Treasury Proposes Expanded Outbound Investment Rules Under COINS Act

Treasury's Office of Investment Security published an NPRM on October 22, 2026 to implement Subtitle C of the COINS Act, signalling an expansion of the U.S. outbound investment security program.

White & Case reports that on 22 October 2026 the U.S. Treasury Department's Office of Investment Security published a Notice of Proposed Rulemaking to implement Subtitle C of the Comprehensive Outbound Investment National Security Act, referred to in the report as the COINS Act, the statutory basis for the outbound investment security program.

The development matters because the program conditions certain transactions by U.S. persons involving foreign entities engaged in covered national-security activities, and the reported proposal indicates an expansion of that regime. Counsel advising U.S. and non-U.S. clients on cross-border capital deployment into sensitive technology and adjacent industries should read the NPRM closely for changes to covered sectors and technologies, covered transaction types, notification versus prohibition treatment, and any compliance or filing mechanics. Because the source material reviewed here does not itemise the proposal's provisions, the precise scope of the expansion, the comment-period deadline, and the expected final-rule timetable are unconfirmed

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outbound-investmenttreasury-nprminvestment-securitynational-securityexport-controlscross-border-cde
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Orrick, Herrington & Sutcliffe+ Expand
Treasury Proposes Outbound Investment Rules Under the COINS Act

Treasury's October 22, 2026 NPRM would extend notification and prohibition regimes to certain foreign investments in critical technologies, putting deal diligence and structuring on notice for U.S. investors.

On October 22, 2026, the U.S. Department of the Treasury issued a Notice of Proposed Rulemaking to implement the Comprehensive Outbound Investment National Security (COINS) Act, building out the first U.S. outbound investment screening program. As described in Orrick's client alert, the proposal would make certain covered transactions — identified by reference to critical technology areas and countries of concern — subject to either mandatory notification to Treasury or outright prohibition, with reach to private equity funds, corporate strategic investors and other covered U.S. persons. Because this is a proposal, the operative details that matter most in practice remain unsettled: which sectors and jurisdictions are on the covered list, filing and ownership thresholds, treatment of pending and grandfathered deals, the civil penalty structure, and the effective date. The summary reviewed here does not confirm the NPRM's specific sector or country designations, so those should be verified against the published text.

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outbound-investmentcoins-acttreasury-rulemakingcritical-technologiesexport-controlsnational-securitytransaction-diligence
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McDermott Will & Emery+ Expand
Treasury Proposes Major Expansion of COINS Act Outbound Investment Rules

Treasury's October 22, 2026 notice of proposed rulemaking to implement the COINS Act would materially widen US national-security screening of outbound investment, reshaping diligence for cross-border deals in sensitive technology.

On October 22, 2026, the US Treasury issued a notice of proposed rulemaking to implement the Comprehensive Outbound Investment National Security Act of 2025 (COINS Act), enacted December 18, 2025. The proposal is Treasury's first rulemaking-level signal on the outbound investment program; the source report does not detail covered sectors or transaction types, so counsel should read the NPRM itself before relying on summaries.

Why it matters: outbound investment review adds a pre-closing regulatory gate to deals firms often diligence only for antitrust, foreign investment and export-control reasons. If the proposal widens covered sectors or transaction types, private equity funds, strategic acquirers and sovereign investors face longer timetables, notice obligations and penalty exposure for non-compliance, and counterparties and lenders will demand representations on US outbound investment coverage well before closing.

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outbound-investmentcoins-acttreasury-ruleexport-controlsnational-securitycross-border-matransaction-diligence
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Littler+ Expand
SDNY suit links Ubiquiti gear to alleged Russian drone attacks

A new Southern District of New York complaint against Ubiquiti converts alleged export-control and sanctions-compliance failures into state-law tort claims, testing whether a tech supplier can be liable for products that worked as intended.

Ukrainian civilians have sued networking-equipment maker Ubiquiti in the Southern District of New York, alleging its airMAX radio bridges formed part of the communications infrastructure Russian forces used to identify and strike civilians in Kherson, Chernihiv and elsewhere. The complaint asserts negligent entrustment, public nuisance, strict products liability on a design-defect theory, negligent design, negligent infliction of emotional distress and aiding-and-abetting torts, unusual because it does not allege the devices malfunctioned, only that they worked as intended and enabled sanctioned military end users.

Two features make the case worth tracking. First, plaintiffs convert alleged export-control and sanctions-compliance failures into state-law tort duty, invoking post-sale telemetry, firmware updates and distributor authority to argue a duty to geofence, whitelist or deactivate devices. Second, liability is asserted at the network level rather than the device level, sidestepping the causation problem that defeated recent semiconductor war-crimes claims.

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export-controlssanctions-complianceproduct-liabilitybusiness-human-rightstort-dutytechnology-supply-chain
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Jones Day+ Expand
Treasury Draft Rules Would Restrict U.S. Investments in China's Biotech Sector

Treasury's draft outbound investment regulations would extend prohibitions to certain U.S. investments in China's biotechnology sector, pulling fund commitments, joint ventures and licensing deals into scope ahead of a final rule.

Jones Day reports that the U.S. Treasury Department has issued draft regulations that would prohibit certain U.S. investments into China's biotechnology sector, extending the outbound investment security program into an additional technology field. The regime's existing covered sectors — semiconductors, quantum information and artificial intelligence, among others — would gain biotechnology, and with it new prohibitions or restrictions on covered transactions by covered U.S. persons, which in practice reaches private equity, venture capital and corporate investment activity rather than only strategic deals.

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outbound-investmenttreasury-regulationschinabiotech-investmentnational-securitycross-border-capital
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Pillsbury Winthrop Shaw Pittman+ Expand
Treasury Proposes COINS Act Rules for Outbound Investment Screening

Treasury's proposed rule to implement the COINS Act would build out notification and filing duties for certain U.S. outbound investments into countries of concern, adding a federal overlay on export controls and sanctions.

On October 22, 2026, the U.S. Department of Treasury issued a Notice of Proposed Rulemaking to implement the Comprehensive Outbound Investment National Security (COINS) Act, enacted as part of FY 2026 national defense authorization legislation. The proposal is the first step in building out a mandatory notification and filing regime for certain U.S. outbound investments into countries of concern.

For major-firm clients, COINS is becoming a new federal overlay on cross-border capital flows, sitting alongside export controls, sanctions and CFIUS-style review. Because the statute, the covered technology and covered country lists, the filing mechanics and any penalty exposure all still depend on the final rule, companies and private equity funds with existing or contemplated ties to semiconductor, quantum and other critical-technology counterparties in China and other covered jurisdictions are best served modeling notification triggers now rather than after adoption. The NPRM comment period and the content of the final rule are the immediate next developments to watch, along with any in

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outbound-investmentcoins-acttreasury-rulemakingnational-securityexport-controlschina
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16 — SECURITIES / CAPITAL MARKETS1
Goodwin Procter+ Expand
SEC Proposes Rules to Open Registered Funds to Private Markets

Two SEC proposals would let registered funds deliver private-market exposure more freely, while shifting liquidity, valuation and board-oversight burdens onto fund-level judgments and leaving key terms open to comment.

The SEC has put forward two proposals that would make registered fund structures more attractive to sponsors offering investors access to private markets. As described in the client alert, the pair could broaden the routes by which private-market exposure is delivered through registered vehicles, and in exchange would rely more heavily on fund-specific judgments about liquidity and valuation and on board oversight rather than a single uniform framework. Both proposals are in the public comment stage; the alert does not state the comment deadline, and neither proposal is final, so terms could shift before adoption. Counsel and clients should care because the design points — how liquidity is classified, how valuations are struck, and what boards must do — determine how sponsors package flagship private-market products, how advisers are paid, and where illiquidity and stale-pricing risk sit. Watch for the comment deadline, the substance of comment letters from private-markets trade groups, and any final rules that follow.

secprivate-marketsregistered-fundsfund-valuationliquidity-riskfund-governance
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Also noted

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

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