Cases to Watch in 2026
The 2026 litigation outlook for fashion, apparel, and beauty highlights a wave of IP battles, from Whoop’s trade‑dress fight over its minimalist wearable design to Lululemon’s lawsuit against Costco for replica hoodies and jackets. Trademark disputes such as Palas versus Le Domaine underscore the risks of inadequate clearance, while luxury houses like Richemont pursue high‑end counterfeit jewelry cases. Parallel disputes between ultra‑fast‑fashion rivals Temu and Shein expand into copyright, trade‑secret, and false‑advertising claims, and the Lashify ITC ruling reshapes the economic‑prong test for domestic‑industry requirements.
Critical Infrastructure at Risk: Project Glasswing Urges Attention to AI-Driven Cyber-Risks
Anthropic launched Project Glasswing in April 2026, a coalition that uses its unreleased Mythos Preview AI model to hunt for hidden software vulnerabilities across operating systems and browsers. The initiative aims to deploy frontier AI for defensive cybersecurity before malicious...
Innovation in Fashion –AI Adoption Vs. Brand Integrity
The fashion industry is grappling with AI adoption across three fronts: intellectual‑property disputes over training data, sustainability trade‑offs between AI‑driven waste reduction and data‑center emissions, and a split among designers between AI‑enhanced creation and preservation of handcrafted artistry. The Fabricant...
Tariffs and the New Wave of Securities Class Actions
Tariff volatility since the 2025 "Liberation Day" announcement and the Supreme Court’s 2026 decision rejecting the IEPA basis has ignited a wave of securities class actions. Plaintiffs are suing not only traditional importers but also firms with indirect exposure, such...
Where Premiums Will Be Paid: Fashion & Beauty M&A Trends From 2025 to 2026
2025 saw a wave of high‑profile fashion and beauty M&A, highlighted by Prada’s €1.25 billion (~$1.36 billion) acquisition of Versace, Caleres’ $105 million purchase of Stuart Weitzman, and e.l.f. Beauty’s $1 billion deal for Rhode. The transactions underscore a shift from pure brand prestige to...
Sixth Circuit, Sitting En Banc, Rejects Class Certification in Auto Insurance Total Loss Case
The Sixth Circuit sitting en banc denied class certification in Clippinger v. State Farm, holding that plaintiffs cannot base a class on a single challenge to the insurer’s typical negotiation adjustment (TNA). The 10‑7 ruling aligns the Sixth Circuit with...
Mississippi Federal Court Finds Social Engineering Endorsement Required Pre-Existing Business Relationship
A Mississippi federal court ruled that a law firm’s cyber policy did not cover a $158,850 wire fraud because the social‑engineering endorsement required the imposter to pose as an existing client, not a fabricated one. The court held the endorsement’s...
FinCEN Proposes Reforms to AML/CFT Program Requirements
FinCEN issued a proposed rule to overhaul AML/CFT program requirements under the BSA, replacing its 2024 draft. The rule introduces a two‑pronged establishment‑versus‑maintenance framework, codifies risk‑based policies, and mandates board approval of programs across banks, casinos, MSBs and other institutions....
Texas Forum Bylaw Clauses—Delaware Chancery Court Provides Practical Takeaways for Corporations Moving to Texas
The Delaware Court of Chancery upheld a Texas‑forum bylaw adopted by a corporation that recently reincorporated in Texas, ruling that the new clause governs internal claims even if litigation began in Delaware. The decision emphasizes that valid bylaw amendments, once...
The New Rules of Federal Contracting: Redefining DEI Compliance
President Trump’s Executive Order 14398 mandates that all federal contracts prohibit racially discriminatory DEI activities. The Federal Acquisition Regulation Council issued FAR 52.222‑90, which takes effect on April 24 2026 for new contracts and requires existing contracts to be amended by July 24 2026. Contractors...
Federal Circuit Issues Mixed Ruling on Patent Eligibility for Non-Uniform Constellation Technology
The Federal Circuit partially reversed a district court ruling in Constellation Designs v. LG Electronics, vacating patent‑eligibility summary judgment for the company’s “optimization” claims while affirming eligibility for its “constellation” claims. The panel applied the Alice/Mayo two‑step test, finding the...
IRS Clarifies Tax-Free Educational Assistance Cap to Adjust With Inflation Beginning in 2027
The IRS issued Fact Sheet 2026‑10 clarifying that the $5,250 tax‑free educational assistance limit stays flat for 2026 but will be indexed to the cost‑of‑living adjustment (COLA) starting in 2027. The guidance also makes employer‑paid qualified education‑loan payments a permanent benefit...
SkyBell Technologies V. Alarm.com: Reverse Engineering Prohibitions and the Statute of Limitations Discovery Rule in Trade Secrets Litigation
SkyBell Technologies sued Alarm.com for alleged trade‑secret misappropriation of video‑doorbell technology, asserting that Alarm.com released knock‑off products after their Development and Integration Agreement (DIA) ended. Alarm.com moved to dismiss, arguing the claims were time‑barred under the three‑year statute of limitations...
Private Funds and Unregistered Finders: How Fund Sponsors Can Avoid Unnecessary Risk
The article warns private‑fund sponsors that paying success‑based fees to unregistered third‑party finders for U.S. investor introductions creates broker‑dealer registration risk under the Exchange Act. The SEC never finalized its 2020 conditional exemption, so the formal broker‑dealer regime remains in...
Washington State Enacts Sweeping Ban on Noncompete Agreements
Washington Governor Bob Ferguson signed Engrossed Substitute House Bill 1155, banning virtually all employee and independent‑contractor noncompete agreements statewide. The ban applies retroactively, rendering existing covenants void as of June 30 2027, with a narrow sale‑of‑business exception. Employers must notify affected workers...
Cal. Court Says Employer’s Arbitration Win Precludes Representative PAGA Claim
The California Court of Appeal ruled that an arbitrator’s finding of no Labor Code violations precludes an employee from pursuing a representative PAGA claim. In Sorokunov v. NetApp, the court held the employee was no longer an “aggrieved employee,” barring...
A Motion Defeated by a Calendar, Not a Court: Why Notice Deadlines Matter in TCPA Motions
The Texas Court of Appeals ruled in Kotts v. M.A. Mills that the 2019 amendments to the Texas Citizens Participation Act (TCPA) apply to any claims added after the amendment’s effective date, regardless of when the original lawsuit began. Defendants’...
Virginia’s New Paid Family and Medical Leave Law Is Not Just FMLA with Pay Added
Virginia enacted a statewide paid family and medical leave (PFML) program on April 22, 2026, with benefits starting Dec 1, 2028. The Virginia Employment Commission will collect payroll contributions beginning April 1, 2028 to fund up to 12 weeks of leave at 80% of average weekly...
Exploring Potential Antitrust Risks for Quantum Computing
The article warns that quantum computing’s emerging ecosystem faces classic antitrust challenges despite its futuristic veneer. Vertically‑integrated quantum stacks enable firms to favor their own hardware and software, raising self‑preferencing concerns. Competing standards for languages, intermediate representations, and hardware interfaces...
Why Patent Reexaminations Are Experiencing a Resurgence
Patent reexaminations, once viewed as a fallback, are resurging as a primary post‑grant tool. The shift is driven by rising PTAB institution denials for IPRs, lower cost and faster timelines of ex parte reexamination, and the absence of statutory estoppel....
Radiation Oncology Community Seeking Relief From an Emerging Crisis Under 2026 Changes to Medicare Coding and Reimbursement
Radiation oncology providers are experiencing sharp reimbursement declines after CMS implemented new 2026 Medicare coding and payment rules that redefined CPT 77402, 77407 and 77412. A March ASTRO survey shows many practices losing more than 10% of revenue, with some...
Maine Health Care Transactions: New State Approvals Involving Some Private Equity, Hedge Funds, and MSOs
On April 13, 2026 Governor Janet Mills signed Act H.P. 1480/L.D. 2201, granting Maine’s Department of Health and Human Services authority to review health‑care transactions involving private‑equity firms, hedge funds, and related management‑services organizations (MSOs). The law creates a 180‑day pre‑closing notice requirement, annual reporting,...
INTERPOL Notice in U.S. Immigration Law: How They Affect Visa, Asylum, and Naturalization Cases
INTERPOL’s Red Notices and Diffusions, administrative alerts used to locate wanted individuals, have no judicial authority in U.S. immigration proceedings. Recent case law—including the BIA’s *Matter of W‑E‑R‑B‑* and the Ninth Circuit’s *Khalikov v. Garland*—confirms that these notices cannot establish...
GLBA 2.0: The Legislative Push for Federal Uniformity? – a Compliance Attorney Can Dream…
In late April 2026 the House Financial Services Committee began debating a “GLBA 2.0” amendment that would create a single federal standard for financial data privacy, access, deletion and minimization. The proposal seeks to preempt the growing mosaic of state privacy...
Microplastics, MAHA, and the Evolving Politics of Exposure Science
On April 6, 2026 the EPA placed microplastics on the draft Sixth Drinking Water Contaminant Candidate List, marking the first federal acknowledgment of the particles as a potential drinking‑water contaminant. Simultaneously, HHS launched the $144 million STOMP initiative to develop measurement methods and...
Patent Analysis Is Increasingly Shaping AI-Driven Target and Drug Candidate Selection
A new review in Nature Reviews Drug Discovery outlines how AI is expanding target identification by merging multi‑omics, knowledge graphs, and foundation models. The authors argue that patentability, commercial tractability, and competitor analysis should be evaluated alongside druggability and safety...
Justices Appear Skeptical of Investor-Harm Requirement in Sripetch SEC Disgorgement Case
The Supreme Court heard oral arguments on April 20, 2026 in Sripetch v. SEC, focusing on whether the SEC must demonstrate pecuniary harm to investors before a court can order disgorgement. The case follows a Ninth Circuit decision that allowed a...
OIG Reiterates a Core Message: Stark Compliance and Fair Market Value Alone Do Not Shield Against Anti-Kickback Statute Risk
On April 23, 2026 the HHS Office of Inspector General added two FAQs clarifying that compliance with Stark law or reliance on a fair‑market‑value analysis does not automatically shield a transaction from the federal Anti‑Kickback Statute. FAQ #4 warns that even...
Supreme Court Realigns Government Contractor Defense
The Supreme Court in Hencely v. Fluor Corp. narrowed the government contractor defense, holding that merely holding a federal contract, even in a combat zone, does not automatically shield contractors from state‑law tort claims. The Court focused on whether the...
DOJ’s Big Win in North Korean IT Worker Fraud Scheme
On April 15, 2026 the Department of Justice sentenced two U.S. nationals, Kejia Wang and Zhenxing Wang, to 108 and 92 months respectively for running a North Korean‑backed IT‑worker fraud scheme. The operation stole more than 80 U.S. identities, placed...
Legal AI Delivers More Value When It Is Tied to Business Outcomes
Corporate legal departments are moving from AI pilots to strategic programs, with the Thomson Reuters 2026 State of the Corporate Law Department Report showing that roughly 45% now have department‑wide AI adoption. Early implementations focus on speed‑focused tasks such as...
Texas AG Issues Proposed Rules Implementing SB 17 Restrictions on Foreign Ownership of Texas Real Property
Texas Senate Bill 17, effective Sept. 1, 2025, bars certain foreign persons and entities from acquiring Texas real property for national‑security reasons. On March 27, 2026 the Attorney General released proposed rules that define “control” broadly, extend the scope to indirect acquisitions, and target...
Can Local Governments in Western Australia Use AI to Assess Tenders and Expressions of Interest?
Western Australian local governments are exploring AI to evaluate expressions of interest and tender submissions. Generative AI can sort, summarise and highlight gaps in large bid packages, but the law still mandates procedural fairness, confidentiality and human accountability. Councils must...
Working on Public Holidays in Germany: Surcharges and Continued Pay
The German Federal Labor Court clarified that employees covered by the TV‑L collective agreement receive holiday surcharges based on the statutory holiday status of their regular workplace, even when deployed elsewhere. In the private sector, the entitlement to surcharges and...
State Legislatures Consider Oversight of Artificial Intelligence in Health Insurance Decisions
State lawmakers across six states are introducing bills that tighten oversight of artificial intelligence in health‑insurance decisions such as prior authorization and utilization review. The proposals generally allow AI as an assistive tool but require a qualified healthcare professional to...
RIAs Are in Cybercriminals’ Crosshairs – Prepare to Protect Your Data
Registered investment advisers (RIAs) are increasingly targeted by cybercriminals seeking client financial data, Social Security numbers, and direct asset access. The SEC has repeatedly highlighted cybersecurity as a top examination focus, and new Regulation S‑P rules require an Incident Response...
A Tale of Two Standards: Supreme Court Lets Conflicting Rules on Third-Party Harassment Stand
The U.S. Supreme Court declined to hear Bivens v. Zep, Inc., leaving a stark circuit split on employer liability for third‑party harassment. The Sixth Circuit maintains an intent‑or‑willful‑indifference standard, while most other circuits follow the EEOC’s negligence test. This divergence...
ICE Issues New Fact Sheet on I-9 Violation Classifications
U.S. Immigration and Customs Enforcement (ICE) issued a new fact sheet in March 2026 that reclassifies several Form I‑9 errors from technical to substantive violations. Substantive violations cannot be corrected during an audit and carry civil penalties ranging from $288...
The Road Ahead for FMVSS 127: Whither the Automatic Emergency Braking Mandate?
In May 2024 NHTSA issued FMVSS 127, requiring automatic emergency braking, pedestrian‑AEB and forward‑collision warning on all new light vehicles by September 1, 2029, with an extra year for small manufacturers. The rule, projected to save 360 lives and prevent 24,000 injuries annually,...
From Enforcement to Empowerment: SEC’s Inaugural Podcast Signals Continued Course Correction on Crypto
On April 16, 2026 the SEC debuted its "Material Matters" podcast, hosted by Chairman Paul Atkins and featuring Commissioners Mark Uyeda and Hester Peirce. The series is designed to demystify securities regulation and signals a strategic pivot from "regulation by...
New Federal Focus on Fraud, Waste and Abuse May Signal Changes for the Health Care Industry
The Trump Administration and Congress have intensified a federal campaign against health‑care fraud, waste, and abuse, launching an interagency task force and expanding criminal prosecutions. CMS imposed a six‑month moratorium on DMEPOS supplier enrollment and deferred $259.5 million in Medicaid matching...
China’s Supreme People’s Court Releases Interpretation on the Application of Punitive Damages in the Trial of Civil Disputes Involving Intellectual...
On April 20, 2026, China’s Supreme People’s Court issued an Interpretation on punitive damages for civil intellectual‑property infringement cases, effective May 1, 2026. The guidance sets clear standards for proving intent, defining seriousness, calculating the damage base, and capping punitive awards...
Alabama Becomes Latest State to Enact Comprehensive Privacy Law
Alabama Governor Kay Ivey signed the Alabama Personal Data Protection Act (APDPA) on April 16, 2026, making it the latest state to adopt a comprehensive consumer privacy law. The statute, which takes effect on May 1, 2027, applies to businesses that process the data...
EB-2 NIW Green Card Approval Case Study: Supply Chain Professional From Argentina Becomes a U.S. Permanent Resident
Colombo & Hurd secured an EB‑2 National Interest Waiver green card for an Argentinian supply‑chain and data‑science professional, allowing him to establish a consulting firm in the United States. The petition overcame a USCIS Request for Evidence by tying the...
How (and When) Federal Court Challenges Affect Pending Employment-Based Immigration Cases
Federal courts are increasingly used to challenge employment‑based immigration denials, especially for EB‑1A and EB‑2 NIW petitions. The recent *Mukherji v. Miller* decision scrutinized USCIS’s two‑step adjudication framework, highlighting that courts can target procedural flaws rather than re‑weigh evidence. Litigation...
Dear Alaska: We Know Our Own Constitution, Thank You Very Much
On April 6, 2026 the Maine Supreme Judicial Court issued a unanimous opinion on a new "solemn occasion" request, declaring that the recently enacted LD 1666 ranked‑choice voting scheme violates the Maine Constitution. The justices focused on the constitutional definition of...
EB-2 NIW Visa From Ecuador to the U.S. (2026 Guide)
The EB-2 National Interest Waiver (NIW) offers Ecuadorian professionals a direct green‑card pathway without needing an employer sponsor or labor certification. USCIS evaluates petitions using the three‑prong Dhanasar test, focusing on merit, the applicant’s ability to advance the endeavor, and...
ED Civil Rights Office Rescinds Title IX Resolution Agreements With 5 Schools
On April 6, 2026 the U.S. Department of Education’s Office of Civil Rights announced it is rescinding the Title IX resolution agreements it had reached with five school districts and California’s Taft College. Those agreements, negotiated under the Biden administration, required pronoun‑use...
EB-2 NIW Green Card Approval Case Study: Business Administrator From Colombia Becomes a U.S. Permanent Resident
Colombo & Hurd secured an EB‑2 National Interest Waiver green card for a Colombian business administrator whose predictive analytics bolster U.S. banking stability. The petition was approved without a Request for Evidence, highlighting the client’s revenue‑boosting models (7% increase) and...
Beltway Buzz, April 17, 2026
President Trump nominated James Macy to the National Labor Relations Board, securing a Republican majority that will last through December 2027, and re‑nominated David Prouty for a full term. OSHA refreshed its National Emphasis Program to sharpen heat‑hazard enforcement in...