California High Court Reinforces Sliding Scale Arbitration Provision Unconscionability Analysis
The California Supreme Court ruled that the visual format of an arbitration clause does not determine its substantive unconscionability, but emphasized that courts must still examine legibility and context for fairness. The decision reaffirmed the sliding‑scale test, where a high degree of procedural unconscionability can render even minimally substantive issues unenforceable. The court found the lower appellate court erred by applying a presumption in favor of arbitration without scrutinizing the ambiguous confidentiality provision. The case was remanded for further review of the agreement’s fairness and validity.
Navigating the New EAD Landscape: What HR Professionals Need to Know About Automatic Extension Changes, the One Big Beautiful Bill...
The Department of Homeland Security’s October 30 2025 interim final rule ends automatic extensions for employment authorization documents (EADs) filed on or after that date, while pre‑Oct 30 filings retain a 540‑day grace period. USCIS also reduced the maximum validity of several EAD...
What’s Next for the FTC? A Look at the 2026–2030 Strategic Plan
The Federal Trade Commission unveiled its 2026‑2030 Strategic Plan, reaffirming a three‑pronged mission to curb unfair or deceptive practices, police anticompetitive conduct, and boost operational efficiency. The plan restores the long‑standing “without unduly burdening legitimate business activity” language, easing industry...
Proposal Will Require Federal Grant Recipients to Certify DEI Compliance Requirements to Register with System for Award Management
The federal government proposes adding new certifications to the System for Award Management (SAM) registration, forcing grant recipients to attest compliance with antidiscrimination laws and to certify they will not recruit illegal aliens or fund terrorism. The change expands the...
Incoming From Delaware: Unclaimed Property VDA Program Invitation Notices Have Been Sent Out
On April 10, 2026 the Delaware Secretary of State mailed Voluntary Disclosure Agreement (VDA) invitation notices to businesses identified as potentially non‑compliant with the state’s unclaimed‑property law. Holders have a strict 90‑day window to enroll; failure triggers a referral to the Department...
Why Has Marijuana Not Been Rescheduled? The Answer Is Obvious, Kinda
President Trump issued an executive order to move cannabis from Schedule I to Schedule III, yet the Department of Justice has not finalized the rule after more than three months. A senior Trump adviser and GOP operative Roger Stone has publicly urged...
How the Visa Bulletin Affects EB-2 NIW and EB-1A Self-Petitioners
Self‑petitioners in the EB‑2 National Interest Waiver and EB‑1A categories often think an approved I‑140 is the final hurdle, but visa availability dictated by the monthly Visa Bulletin determines when they can file for adjustment of status. EB‑2 NIW applications...
HERTZ After Cert Denial: Make-Wholes, Solvent Debtors, and the Reach of § 502(b)(2)
The Third Circuit’s decision in In re The Hertz Corporation, now settled after the Supreme Court denied certiorari, classifies Hertz’s make‑whole premiums as unmatured interest barred by § 502(b)(2). Because Hertz emerged from Chapter 11 solvent, the court required the company to...
Prediction Markets Go on Offense: This Week’s Major Victories and CFTC Actions
The Third Circuit affirmed that the Commodity Exchange Act preempts state gambling laws, granting Kalshi EX LLC a preliminary injunction that blocks New Jersey from pursuing its sports‑wagering claims. Days later, the DOJ and CFTC jointly halted Arizona’s criminal enforcement against...
Surface Transportation Board Proposes to Amend Its NEPA Procedures
The Surface Transportation Board (STB) proposed a rule on March 24, 2026 to update its NEPA procedures in line with recent legislative and judicial reforms. The rule expands actions exempt from NEPA, adds five new categorical exclusions, and sets tighter page limits...
Mexico Plans to Reactivate Fracking by 2027
President Claudia Sheinbaum announced Mexico will restart hydraulic fracturing in 2027, reversing the previous administration’s ban. The plan targets the country’s 141.5 trillion cubic feet of shale gas reserves to cut reliance on U.S. imports, which supply 75 % of daily consumption....
Beltway Buzz, April 10, 2026
President Donald Trump’s FY 2027 budget proposal slashes the Department of Labor by roughly 26%, eliminates the Women’s Bureau and trims the National Labor Relations Board, while adding $20 million to the EEOC. The plan also restructures the Office of Federal Contract...
China’s National Intellectual Property Administration Releases 2026 Intellectual Property Administrative Protection Work Plan – China to Toughen IP Export Control...
China’s National Intellectual Property Administration (CNIPA) unveiled its 2026 Intellectual Property Administrative Protection Work Plan, outlining 12 priority actions. The plan emphasizes a coordinated crackdown on illicit technology exports, mandating tighter cooperation with the Ministry of Commerce to manage IP...
The Automotive Agentic AI Revolution
Agentic AI is reshaping the automotive sector by accelerating vehicle design, testing, and autonomous‑driving capabilities while personalising in‑car experiences. The technology also streamlines manufacturing, supply‑chain logistics, and financial processes through predictive analytics and coordinated AI agents. However, its semi‑autonomous nature...
BIPA Cases: 7th Circuit Rules Change to Illinois Law’s Damages Provision Retroactively Limits Defendant Exposure
The U.S. Court of Appeals for the Seventh Circuit ruled that Illinois’s 2024 amendment to the Biometric Information Privacy Act’s damages provision applies retroactively, ending per‑scan statutory damages for cases pending at the time. The amendment caps recovery to a...
FDA’s 2026 General Wellness Policy and What It Means for Manufacturers of Wearable Devices
The FDA finalized its General Wellness Policy for low‑risk devices on Jan. 6, 2026, setting clear criteria that wearable products can avoid medical‑device regulation if they are limited to general‑wellness purposes and pose low safety risk. The guidance follows a July 2025 warning...
The Golden State Goes HSR- California’s SB 25 and the Rise of State-Level Pre-Merger Notification
California Governor Gavin Newsom signed Senate Bill 25 on Feb. 10, 2026, creating the nation’s largest state‑level pre‑merger notification regime. Effective Jan. 1, 2027, any party filing a federal Hart‑Scott‑Rodino (HSR) notification must submit a copy to the California Attorney General if it has...
![TMA Chicago/Midwest Podcast Hosted by Paul Musser | Sandeep Gupta on Middle Market Restructurings and Investigations [Podcast]](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://natlawreview.com/sites/default/files/styles/article_image/public/2026-04/Restructuring%20Bankruptcy%20Business%20Corporate%20Downsizing-15769127.jpg.webp?itok=wFwtLeFG)
TMA Chicago/Midwest Podcast Hosted by Paul Musser | Sandeep Gupta on Middle Market Restructurings and Investigations [Podcast]
Sandeep Gupta, founder of Novo Advisors, discussed the firm’s focus on middle‑market restructuring, its rapid 30‑to‑45‑day turnaround playbook, and the launch of a forensic and dispute advisory line. He explained how Novo works with both family‑owned and private‑equity‑backed companies, emphasizing...
Private Credit Developments: Regulatory Signals and Emerging Litigation Trends
Private credit has expanded to a $3 trillion global market and is increasingly offered to retail investors through 401(k) plans, ETFs and BDCs. The Department of Labor’s March 30, 2026 proposed rule would broaden alternative‑investment access in workplace retirement accounts, while the SEC’s...
Game Over- No Self-Help Clock Reset for Mandatory Stay Request
The Federal Circuit ruled that Ascendis Pharma cannot reset the 30‑day deadline for a mandatory stay under 28 U.S.C. § 1659(a)(2) by dismissing and refiling its declaratory‑judgment suit. The court affirmed appellate jurisdiction via the collateral‑order doctrine and held that Ascendis missed the...
FTC Confirms Economic Analysis Plays Important Role in Consumer Protection Investigations
The FTC’s Bureau of Consumer Protection announced that rigorous economic analysis will be a core component of its consumer‑protection investigations, especially when monetary relief is sought. The Bureau of Economics has broadened its guidance to cover data‑driven consumer‑harm cases, promising...
Massachusetts Court Rejects Chapter 93A Claim Challenging Alleged Unauthorized Utility and Renewable Energy Enrollment
The Massachusetts District Court dismissed a pro se plaintiff’s Chapter 93A claim alleging more than $300,000 in unauthorized utility and renewable‑energy program charges. The court held the complaint lacked specific facts showing an unfair or deceptive act, failing the plausibility test...
Construction Contract Negotiation & Drafting: A Practical Checklist (and Where State-Specific Issues Can Surprise You)
Construction contract negotiations often falter not because of template forms, but due to misaligned project documents, vague pricing mechanisms, and overlooked state statutes. The article offers a practical checklist that guides owners, developers, and contractors through early identification of related...
What to Watch: FDA's FY 2027 Budget
The FDA’s FY 2027 budget, a $7.2 billion request, outlines several policy‑driven proposals. It seeks new statutory authority to label misleading direct‑to‑consumer drug ads as misbranded, and introduces an optional “Expedited IND” pathway to accelerate Phase 1 trials using validated pre‑clinical data. The...
FinCEN Advisory Mandates Expansion of SAR Reporting in Healthcare Context
FinCEN issued a March 30, 2026 Healthcare Fraud Advisory (FIN‑2026‑A001) that adds 24 new, healthcare‑specific red flags for banks to monitor. The guidance targets three core fraud schemes: shell companies posing as providers, false or inflated Medicare/Medicaid claims, and laundering of illicit...
2026 Amendments Bring Needed Clarity to Texas’s Summary Judgment Rule
The Texas Legislature amended Rule 166a, effective for motions filed on or after March 1, 2026, to impose fixed response and reply deadlines—21 days for a non‑movant’s answer and 7 days for the movant’s reply. The amendment also sets minimum hearing timelines (at least 35 days...
Texas Business Court Reinforces Standing Rules for LLC Derivative Lawsuits
The Texas Business Court ruled that a former LLC member cannot bring a derivative lawsuit once their membership interest has terminated. In Michael D. Crain v. William Northern, the court dismissed Crain's derivative claims because he filed them after his...
California Bill Would Expand Background Check Restrictions for Employers
California Assembly Bill 2095 seeks to tighten the state’s Fair Chance Act by prohibiting any conviction‑related questions on job applications and requiring employers to disclose specific job duties before conducting background checks. The bill mandates written, good‑faith individualized assessments and...
China’s National Data Administration Issues Draft Guidelines for Data Property Registration (Trial) for Public Comment
On April 3 2026 China’s National Data Administration released draft guidelines for data property registration, inviting public comment until April 19. The proposal creates a unified national system where data ownership certificates can be recorded as intangible assets on corporate balance sheets or...
Trump Administration Releases Guidance on Clean Energy Tax Credit Restrictions
The Treasury and IRS issued Notice 2026‑15 to clarify how clean‑energy tax credits under sections 45Y, 48E and 45X are limited for projects tied to Prohibited Foreign Entities (PFEs) under the One, Big, Beautiful Bill Act. The guidance defines "effective...
The Democratic Republic of the Congo as a Near-Term Strategic Opportunity for U.S. Companies | Part 2
The Democratic Republic of the Congo is becoming a near‑term strategic market for U.S. firms thanks to new DFC financing, infrastructure commitments, and a bilateral partnership. However, this opportunity brings heightened governance and compliance scrutiny, requiring board‑level defensibility rather than...
Inventorship Errors Can Undermine Patent Value: Practical Steps to Reduce Risk
A Federal Circuit ruling in Fortress Iron, LP v. Digger Specialties invalidated two patents after a co‑inventor was omitted, demonstrating that inventorship errors can destroy patent enforceability. The court held that Section 256 cannot correct the defect when the omitted inventor...
Connecticut 2026 Employment Law Update: Time for Some Spring Cleaning
Connecticut’s 2026 employment law rollout adds paid sick leave for employers with eleven or more workers, with a full expansion to all employers slated for January 1, 2027. The state’s Paid Family and Medical Leave (PFML) program raised its maximum weekly benefit...
Immigration Pathways for Biomedical Engineers: EB-2 NIW, EB-1A, and Employment-Based Options
Biomedical engineers seeking U.S. permanent residence can choose between the self‑sponsored EB‑2 National Interest Waiver and the high‑threshold EB‑1A Extraordinary Ability category, while temporary visas such as O‑1, H‑1B and TN remain options. The EB‑2 NIW hinges on demonstrating that...
US Department of Education Voluntarily Dismisses Appeal in DEI Guidance Litigation
The U.S. Department of Education has voluntarily dismissed its appeal in the Fourth Circuit case challenging its February 2025 diversity‑related Dear Colleague Letter. The district court’s ruling—finding the guidance unconstitutionally vague and in violation of the Administrative Procedures Act—remains in force,...
10th Circuit to Rehear Landmark DIDMCA Rate-Exportation Case
The U.S. 10th Circuit Court of Appeals granted an en banc rehearing and vacated the November 2025 panel decision on Colorado’s opt‑out from the federal DIDMCA rate‑exportation framework. The case hinges on interpreting whether a loan is “made in” a state based...
USPTO Invites Patent Owner Input To Stem Tide Of Reexamination Proceedings
The USPTO announced a new procedure that lets patent owners submit a pre‑order paper before the agency decides on an ex parte reexamination request. The paper is limited to 30 pages and must be filed within 30 days of service,...
Overview of US Consumer Privacy Law Landscape State by State
The SEC’s Division of Corporation Finance issued two new Corporation Finance Interpretations (CFIs) on March 23, 2026 that clarify timing rules for amended Form ABS‑15G filings under Rule 15Ga‑2. The interpretations introduce a 48‑hour waiting period for pool substitutions filed on Form ABS‑15G/A, while preserving...
The Compliance Tightrope: Balancing Uniformity and Precision Across U.S. State Consumer Privacy Laws
U.S. companies now navigate a fragmented landscape of more than twenty state consumer privacy statutes, each with distinct definitions, thresholds, and exemptions. California remains the most demanding jurisdiction, applying a $26.6 million revenue test and extending coverage to employee and B2B...
CFTC Issues Advance Notice of Proposed Rulemaking on Prediction Markets: A Chance to Shape the Future
On March 12 2026 the CFTC published an Advance Notice of Proposed Rulemaking (APNR) seeking input on event‑contract derivatives traded on prediction markets. The agency signals intent to assert exclusive jurisdiction, potentially overriding state gambling regimes, and classifies these contracts as swaps...
Department of Commerce Proposes ‘Space Commerce Certification’ Process
The U.S. Department of Commerce’s Office of Space Commerce has issued a proposal for a voluntary “Space Commerce Certification” that would create a unified, light‑touch mission‑authorization pathway for novel commercial space activities such as in‑space manufacturing, satellite servicing and lunar...
ISO Publishes New Standard for Carbon Storage With Potential as Subpart RR Substitute
The International Organization for Standardization released ISO 27914:2026, a comprehensive standard for underground carbon‑dioxide storage that fills the reporting gaps of its 2017 version. The new standard could replace Subpart RR of the Greenhouse Gas Reporting Program, enabling continued eligibility for the...
The “But For” Dilemma – How Proposed Texas Public Utility Commission Large Load Interconnection Rules Impact Government Incentives Strategies
The Texas Public Utility Commission has proposed Rule 16 TAC §25.194, imposing early‑stage site‑control documentation, a $50,000 per‑MW financial security, mandatory disclosure of similar interconnection requests, and a 30‑day deadline to sign an Interconnection Agreement for projects of 75 MW or larger....
EB-2 NIW Case Study: Neurologist From Colombia Approved to Expand Alzheimer’s Care in Underserved Rural Communities
Colombo & Hurd secured an EB‑2 National Interest Waiver for a Colombian neurologist specializing in Alzheimer’s disease, enabling him to expand affordable, non‑pharmacologic care in underserved rural U.S. communities. The petition was approved in just three days with premium processing...
German Federal Labor Court Emphasizes Case-by-Case Assessment of Release Clauses
The German Federal Labor Court ruled that blanket release clauses allowing employers to place employees on leave after any termination notice are an unreasonable disadvantage and therefore void under BGB §307. The decision emphasizes that an employee’s right to remain...
More on the Horizon: Setting Aside Judgments Obtained by Fraud in England and Wales
English and Welsh courts are revisiting the doctrine that allows judgments obtained by fraud to be set aside, a principle rooted in the 1956 Lazarus Estates case. 2025 saw a wave of claims, notably former sub‑postmaster Lee Castleton’s challenge to...
China’s Supreme People’s Court Releases Sixth Batch of Typical Cases of Judicial Protection of Intellectual Property Rights in the Seed...
On March 26, 2026, China’s Supreme People’s Court issued its sixth batch of typical seed‑industry IP cases, covering ten landmark disputes over plant variety rights. The rulings affirmed that core‑loci molecular tests are decisive, expanded joint and several liability to storage and...
Lessons From CalPrivacy PlayOn Order
California Privacy Protection Agency (CalPrivacy) fined PlayOn Sports $1.1 million for illegal tracking of student data between January 2023 and December 2024. The company sold personal information to third parties without a functional opt‑out, used a cookie banner that forced consent, and ignored...
Indiana Prohibits Virtual Currency Kiosks
Indiana Governor Mike Braun signed House Bill 1116 on March 9, 2026, banning the operation of virtual‑currency kiosks across the state. The statute defines a kiosk broadly as any electronic terminal that facilitates cryptocurrency transactions for a third party in exchange...
The Doctor Is In—Breach: Five Pitfalls in Physician Employment Agreements
The article outlines five common pitfalls in physician employment agreements, ranging from overbroad restrictive covenants to vague compensation formulas, misclassification of physicians, unclear termination terms, and insufficient regulatory clauses. State-by-state limits on non‑competes—such as bans in Alabama and Rhode Island...
