Should You Apply for an O-1 or EB-1A Visa?
Professionals with extraordinary ability must choose between the O‑1 temporary work visa and the EB‑1A immigrant visa that leads to a green card. The O‑1 offers a 93.8% approval rate and requires a U.S. employer or agent sponsor, while the EB‑1A’s 66.6% approval rate reflects its higher proof standard but allows self‑petition and permanent residence. Timing, evidence strength, and long‑term goals drive the decision. Recent USCIS data underscores the trade‑off between rapid entry and long‑term stability.
EB-2 NIW RFE: What It Means and How to Respond
A Request for Evidence (RFE) is a routine step in the EB‑2 National Interest Waiver (NIW) process, indicating that USCIS needs additional documentation or clarification before deciding. With EB‑2 NIW filings up nearly 190% in recent years, RFEs have become...
AI Product Liability: The Next Wave of Litigation
AI litigation is increasingly framed through product‑liability doctrine, as courts treat consumer‑facing AI systems as products rather than services. Early cases such as Garcia v. Character Technologies and Raine v. OpenAI illustrate plaintiffs focusing on design defects, inadequate safeguards, and...
Department of Justice Elevates Animal Welfare Enforcement, Possibly Targeting Companies Involved in Animal Testing
On February 18, 2026 Attorney General Pam Bondi issued a Department of Justice memorandum that elevates animal‑welfare enforcement across the Animal Fighting Venture Prohibition Act, Animal Welfare Act, Animal Crushing Statute, and Humane Methods of Livestock Slaughter Act. The memo...
What Every Multinational Should Know About … How to Cope with New Court Decisions Expanding Supply Chain Integrity Risks: Six...
Recent U.S. jury verdicts in the Chiquita Brands and BNP Paribas cases show that violations of U.S. economic sanctions can serve as the factual backbone for civil liability, even though sanctions statutes lack a private right of action. Plaintiffs leveraged sanctions...
Carfax Motion to Dismiss Denied in DPPA Crash-Report Data Sales Case
A Maryland federal judge denied Carfax, Inc.'s motion to dismiss a proposed class action alleging the company sold DPPA‑protected driver information from a 2023 crash report. The court found the plaintiff’s allegations plausible that Carfax obtained and sold the data...
Don’t Undermine Daubert: Second Circuit Should Affirm Trial Court's Exclusion of Unreliable Expert Testimony
The 2nd U.S. Circuit Court of Appeals will decide whether to uphold Judge Denise L. Cote’s exclusion of expert testimony in the Acetaminophen‑ASD/ADHD product liability case. Cote barred two plaintiff experts for cherry‑picking data, ignoring genetic confounding, and lacking subject‑matter...
Implications of the Rules of the Pharmaceutical Investment Promotion Committee in México.
Mexico published the Rules of the Pharmaceutical Investment Promotion Committee on February 23, 2026, implementing a 2025 decree aimed at boosting pharmaceutical investment and domestic health‑supply production. The rules tie participation in certain public procurement procedures, such as direct awards...
Supreme Court Recalibrates Sovereign Immunity for State-Created Entities
On March 4, 2026 the Supreme Court unanimously ruled in *Galette v. New Jersey Transit Corp.* that NJ Transit, a state‑created corporation, is not an “arm of the state” and therefore cannot claim New Jersey’s sovereign immunity. The opinion, authored by Justice Sotomayor,...
DOJ Eliminates Disparate-Impact Liability Under Title VI
On December 10, 2025, the U.S. Department of Justice announced a final rule that eliminates disparate‑impact liability under Title VI, limiting enforcement to intentional discrimination only. The rule rescinds several CFR provisions that previously barred neutral policies with disproportionate effects on...
Strikethrough Pricing Lawyer on Compliance With FTC and State Discount Pricing Laws
Strike‑through pricing, where a crossed‑out “regular” price precedes a lower sale price, remains under close scrutiny by the FTC and state regulators. The FTC’s Deceptive Pricing Guides demand that any former price be a genuine, regularly offered price for a...
Mixed-Use Governance: Forward Marketability
Mixed‑use projects require governance documents that differ markedly from traditional residential schemes, focusing on forward marketability for commercial buyers and long‑term lessees. The article argues that rigid residential‑style controls—such as unilateral declarant approvals—create friction and diminish liquidity, especially for early...
EPA Proposes to Extend Compliance Dates for PCE and CTC TSCA Risk Management Rules
The EPA announced a proposal to extend the compliance deadlines for the 2024 TSCA risk‑management rules covering perchloroethylene (PCE) and carbon tetrachloride (CTC). For non‑federal entities, initial monitoring would move to June 21, 2027, with key milestones in September and December 2027. The...
Driving Home the Point – Accommodating Employee Commutes
Employers are increasingly confronted with requests for commuting accommodations under the ADA, a trend amplified after COVID‑19. Recent appellate decisions—Charter Communications (7th Cir., 2023) and Tudor v. Whitehall (2d Cir., 2025)—hold that schedule adjustments can satisfy disability‑related commute challenges. The EEOC’s February 2026...
CMS Considers New Ownership and Identity Verification Requirements for Medicare-Enrolled Providers and Suppliers
The Centers for Medicare & Medicaid Services (CMS) issued a Request for Information seeking feedback on proposed rules that would tighten ownership and identity verification for Medicare‑enrolled providers and suppliers. The agency is weighing a citizenship or permanent‑resident requirement for...
Simplified Roadmap for OTC Markets Quotation
OTC Markets Group released a simplified roadmap outlining eligibility and reporting requirements for its four market tiers, with a focus on upcoming OTCQX rule changes effective April 6, 2026. The amendments raise the minimum market capitalization from $10 million to $25 million, increase required...
Insurance Coverage for Emerging AI and Social Media Liabilities
A Delaware court denied Meta coverage under its Commercial General Liability policy for thousands of lawsuits alleging that Facebook and Instagram were intentionally designed to foster addiction and mental‑health harms. The judge applied a narrow definition of “occurrence,” concluding that...
Luxembourg Financial Services Regulator CSSF Updates Its Position on Crypto-Assets in Investment Funds: What Has Changed Since 2022?
The Luxembourg regulator CSSF issued a revised FAQ on 4 February 2026, fully aligning its crypto‑asset rules with the EU Markets in Crypto‑Assets Regulation (MiCAR) and replacing the term “virtual assets” with “crypto‑assets.” For UCITS, indirect exposure to crypto‑assets remains allowed up...
KKDIK Update: Temporary Registration Pathways Clarified
The Turkish Ministry of Environment, Urbanization and Climate Change clarified temporary registration pathways under KKDIK, allowing companies with pre‑registered substances but no lead registrant to file a temporary individual registration. All substances must have a full or temporary registration by...
PFAS Warning Labels On Consumer Goods – New Mexico Leads the Way
New Mexico enacted the PFAS Protection Act and approved a rule requiring warning labels on any consumer product containing intentionally added PFAS, becoming the first state to impose such universal labeling. The law sets a phased ban—cookware, food packaging, dental...
Washington Becomes Latest State to Ban Noncompete Agreements
Washington Governor Bob Ferguson signed Substitute House Bill 1155 on March 23, 2026, banning all employee and independent‑contractor non‑competition agreements statewide. The law, effective June 30, 2027, voids existing non‑competes and prohibits new ones, while preserving narrow exceptions such as nonsolicitation, confidentiality, trade‑secret, certain...
False Claims Act Enforcement in 2026
The DOJ announced a record $6.8 billion in False Claims Act settlements for FY 2025, the highest ever, alongside 1,297 qui tam filings and 401 investigations. Health‑care fraud accounted for more than $5.7 billion of recoveries, while cybersecurity, procurement, and emerging customs‑trade claims...
Sports and Head Trauma: Legal Rights and Protection for Injured Athletes
Head trauma in sports has moved from a neglected issue to a major legal and medical concern. Athletes at all levels now face defined duties from leagues and youth programs, including duty of care, informed consent, and strict return‑to‑play protocols....
Navigating Global Background Checks- Key Insights for Employers
Employers expanding globally face diverse restrictions on background checks. Criminal record inquiries are heavily limited, with many countries prohibiting access to spent convictions, while drug testing rules differ widely, often illegal in Europe and requiring consent elsewhere. Education verification remains...
The Future of the CA Age-Appropriate Design Code Act- What Remains, What’s Still Open to Be Contested, and What Companies...
The California Age‑Appropriate Design Code Act (CAADCA) faces ongoing constitutional challenges after NetChoice’s lawsuits. In March 2026 the Ninth Circuit ruled that the law’s broad coverage definition and age‑estimation requirement likely survive facial challenges, but found data‑use and dark‑pattern provisions unconstitutionally...
NYC Mayor Mamdani Administration Holds First Junk Fees Task Force Meeting
Mayor Mamdani’s administration convened the first Citywide Junk Fees Task Force on March 18, 2026, following Executive Orders 9 and 10 that target hidden consumer charges. Ten city agencies gathered at City Hall to coordinate data sharing, enforcement plans, and policy development aimed at...
Cookies, “Significant Risk,” And 2026 CCPA Assessments
California’s privacy law now mandates written risk assessments for any activity that constitutes a “sale” of personal data and presents a significant risk, including behavioral‑advertising cookies, sensitive data processing, and high‑risk automated decision‑making. The final CCPA regulations, released in September 2025,...
Trending in Telehealth: February 2026
State legislatures advanced a wave of telehealth measures in February 2026, including South Carolina's detailed teledentistry standards, Mississippi's telemedicine cannabis certification, and Tennessee's ban on gender‑affirming telehealth reimbursements. Washington issued emergency Medicaid rules expanding telemedicine for maternal support and clarifying...
Sweepstakes Gaming Banned in Indiana
Indiana Governor signed House Bill 1052, banning internet‑based sweepstakes‑style gaming products statewide effective July 1 2026. The law defines a sweepstakes game by its online availability, dual‑currency model, and simulation of casino, lottery or sports wagering. Violations attract civil penalties up to...
‘We Didn’t Know’ Is No Defense: Lessons for Construction Employers From a Cal/OSHA Appeals Board Decision
California’s Cal/OSHA Appeals Board reversed an ALJ ruling and upheld two serious citations against general contractor KPRS Construction for failing to inspect a roof where subcontractors worked, and for not guarding an opening that caused a worker’s fall. The Board...
April 2026 Visa Bulletin for Brazilians: EB-2 Current Despite Immigrant Visa Pause
The April 2026 Visa Bulletin lists Brazil’s EB‑2 category as Current on both the Final Action Dates and Dates for Filing charts, eliminating any priority‑date backlog for approved I‑140 petitions. While U.S.-based applicants can immediately file Form I‑485 and obtain an...
Significant Forward Movement in April 2026 Visa Bulletin
The U.S. Department of State’s April 2026 Visa Bulletin shows notable forward movement across most employment‑based categories. For the Dates for Filing chart, USCIS will continue to accept adjustment‑of‑status applications, with EB‑1, EB‑2 and EB‑3 remaining current for all countries except...
Private Lending: Unfolding Litigation Developments and Managing Risks
Private lending faces heightened scrutiny as economic uncertainty fuels investor withdrawals and valuation disputes. Recent federal indictments under the Continuing Financial Crimes Enterprise statute target senior executives for multi‑billion‑dollar fraud schemes, while the SEC has settled civil actions over inadequate...
Tiny Particles, Big Risk: Could Netflix’s New Documentary, The Plastic Detox, Accelerate Microplastic Litigation in the Cosmetic and Personal Care...
Netflix’s 2026 documentary *The Plastic Detox* spotlights microplastic exposure and potential health risks, especially in cosmetics and personal‑care products. The film is expected to amplify consumer and legislative scrutiny, adding pressure to an already fragmented U.S. regulatory regime that includes...
When Is Personal Not Personal? EDPB Asks Stakeholders
The European Data Protection Board (EDPB) released a report summarising stakeholder input on pseudonymisation and anonymisation after a CJEU ruling clarified the limits of pseudonymised data. Participants—including corporations, NGOs, academics and law firms—highlighted the difficulty of distinguishing when data moves...
One Big Beautiful Bill (“OB3”) And FEOC: Current Considerations for Debt Financings
The One Big Beautiful Bill (OB3), enacted in July 2024, reshapes renewable energy tax credit eligibility by adding prohibited foreign entity (PFE) and foreign entity of concern (FEOC) restrictions. Treasury’s interim guidance (Notice 2026‑15) introduces a material‑assistance cost ratio (MACR) for...
Earnout Burnout- Drafting Earnout Agreements to Minimize Disputes Following the Sale of Private Companies
Earnout provisions are increasingly used in private‑company M&A to bridge price gaps, but they often spark post‑closing disputes over performance targets. The article outlines practical steps—selecting clear revenue‑based metrics, defining accounting methods, involving CPAs, attaching detailed financial models, and establishing...
Insuring Tax Risks in the UK and Europe
GT Advisory outlines five key considerations for insuring tax risks in UK and European M&A transactions, focusing on warranty‑and‑indemnity (W&I) and specific tax risk policies. It explains the insurer’s perspective, emphasizing the asymmetry between seller and insurer risk/reward calculations. The...
Texas Business Court Affirms Jurisdiction Over Employee Poaching Claims and Amount in Controversy Requirement
Texas Business Court affirmed jurisdiction over Alamo Title’s employee‑raiding and trade‑secret claims against WFG National Title, confirming both the $5 million amount‑in‑controversy threshold and the statutory bases for jurisdiction. The court rejected Alamo’s remand motion, holding that future damages count toward...
Texas Business Court Reinforces Formalities for LLC Membership Agreement and Contract (Partnership) Claims
The Texas Business Court’s memorandum opinion in Quintero v. Urban Infraconstruction LLC reaffirmed that LLC membership cannot be proven by an oral cash contribution alone. The court held that membership must be documented in the certificate of formation, company records,...
Connecticut AG Issues Memorandum on Application of Existing Laws to AI
Connecticut Attorney General William Tong issued a memorandum outlining how the state’s current statutes—civil‑rights, data‑privacy, unfair trade practices, and antitrust laws—apply to artificial‑intelligence systems used in tenant screening, hiring, credit, insurance, and advertising. The memo stresses that existing anti‑discrimination rules...
Unpacking the Commission’s Priorities for 2026
The FCC under Chairman Brendan Carr is poised to finalize several rulemakings in 2026, including a modernized NEPA process, NG911 enhancements, a rebanding of the 900 MHz spectrum, expanded unlicensed operations in the 6 GHz band, and reforms to wireline, wireless and...
Federal Court Allows Earned Wage Access Claims Under TILA and MLA to Proceed
On March 5, a U.S. District Court in Illinois denied a fintech’s motion to dismiss a class action alleging its earned‑wage‑access (EWA) product violates the Truth in Lending Act and the Military Lending Act. The court held that EWA advances can...
FTC Signals Enforcement Priorities for Consumer Protection in 2026
On March 5 the FTC’s Bureau of Consumer Protection outlined its 2026 enforcement agenda, spotlighting three priority areas. The agency is pursuing ticket‑broker violations of the Better Online Ticketing Sales (BOTS) Act, targeting payment‑intermediary firms that overlook fraud signals, and cracking...
From Penalty to Parity: The SEC Rethinks Stablecoin Risk
The SEC, via Commissioner Hester Peirce, announced it will not object to broker‑dealers treating proprietary payment stablecoins as having a ready market and applying only a 2 % haircut under Rule 15c3‑1. This guidance, though non‑binding, aligns stablecoins with low‑risk cash equivalents...
EB-2 NIW Case Study: Financial Specialist From Ghana Supporting U.S. Small Businesses
Colombo & Hurd secured an EB‑2 National Interest Waiver for a Ghanaian financial specialist focused on SME financial literacy. The petition was approved in under two months after a targeted RFE response that tied the client’s expertise to national economic...
Beltway Buzz, March 13, 2026
The U.S. Department of Homeland Security remains unfunded after Congress missed the February 13 deadline, leaving TSA agents without pay and causing longer airport security lines. A Sixth Circuit Court of Appeals struck down the NLRB’s 2023 bargaining‑order precedent, limiting...
Private Markets Go Public: Inside the SEC’s Push for Retail Participation
The SEC, led by Chairman Paul S. Atkins, is actively promoting the "responsible retailization" of private‑market investments, aiming to broaden access for individual investors while installing protective guardrails. At a March 4 roundtable, regulators and industry leaders discussed governance, valuation, liquidity,...
New Jersey Federal Court Says Employer’s Home State Proper Venue for Remote Worker’s Age Discrimination Claims
A federal district court in New Jersey transferred a New Jersey resident’s age‑discrimination and accommodation lawsuit to the Eastern District of North Carolina, where the employer is headquartered. The court held that proper venue hinges on where the discriminatory employment...
FTC Advancing Negative Option Rulemaking
On March 26, 2016 the FTC released an Advance Notice of Proposed Rulemaking (ANPRM) to revisit its Negative Option Rule, which presently governs only pre‑notification subscription plans. The agency is soliciting public comment on expanding the rule’s scope to cover...
