DOJ’s New Corporate Enforcement Policy Gets Its First Real-World Test
The U.S. Department of Justice released a department‑wide Corporate Enforcement and Voluntary Self‑Disclosure Policy in March 2026 and quickly applied it to the French medical‑device firm Balt SAS and its U.S. subsidiary. After Balt self‑reported an FCPA bribery scheme, DOJ issued a declination of prosecution—the most favorable outcome under the new framework—while still requiring $1.2 million in disgorgement and indicting two individuals. The case illustrates how early disclosure, proactive cooperation, and concrete remediation can earn credit, but it also shows that a corporate declination does not shield a company from financial penalties or foreign enforcement. The Balt resolution now serves as the benchmark for how companies should structure internal investigations and self‑disclosure strategies.
Federal Circuit Clarifies Standard for CICA Stay Overrides
On April 15, 2026 the Federal Circuit issued a decision in Life Science Logistics v. United States that reshapes how courts review agency overrides of Competition in Contracting Act (CICA) automatic stays. The court held that a protester need only...
The Third Circuit Joins the FCA Constitutionality Debate
The 3rd U.S. Circuit Court heard oral arguments in United States ex rel. Penelow v. Janssen Products, a qui‑tam case that produced a $1.64 billion jury verdict against Janssen. The panel—Judges Matey, Chung and Freeman—focused on whether the False Claims Act’s qui‑tam provision...
‘Reasonably Knowable’ in EO 14398: What Prime Contractors Need to Know About Subcontractor Oversight
Executive Order 14398, issued March 26, 2026, obligates prime federal contractors to report any subcontractor conduct that is "racially discriminatory" DEI activity that is known or reasonably knowable. The order’s language ties the reporting duty to conduct "in connection with...
Minnesota Extends PFAS in Products Reporting Deadline to September 15, 2026
Minnesota’s Pollution Control Agency pushed the first‑in‑the‑nation PFAS‑in‑products reporting deadline from July 1 to September 15, 2026, and released extension and waiver request forms. Manufacturers must still pay an $800 one‑time fee and disclose product details, PFAS concentrations, and supplier information through the...
Guangdong Explicitly Links Patent Pre-Examination With Patent Prosecution Highway Eligibility
On April 14, 2026 Guangdong’s Intellectual Property Protection Center issued a notice that formally links the province’s free patent pre‑examination service to eligibility for the Patent Prosecution Highway (PPH). The pre‑examination can produce a Chinese patent in roughly two to...
Commission Postpones Western Spadefoot Decision to June Meeting
The Center for Biological Diversity petitioned the California Fish and Game Commission to list the western spadefoot as threatened in its northern range and endangered in the south under CESA. The California Department of Fish and Wildlife found the petition...
Still Striking After All These Years- What the Sixth Circuit’s Back-to-Back Rieth-Riley Decisions Mean for Employers
The Sixth Circuit affirmed two NLRB rulings against Indiana‑based Rieth‑Riley Construction, finding the company committed multiple unfair‑labor‑practice violations, including unlawful lockouts, unilateral wage increases, and a refusal to bargain. The court rejected the employer’s arguments that economic exigency or Davis‑Bacon...
Click to Join, Hard to Leave: FTC Reopens Negative Option Rulemaking
The FTC reopened its rulemaking on negative‑option plans with an Advance Notice of Proposed Rulemaking released on March 11, 2026. The agency is seeking comments on how to tighten rules around undisclosed terms, lack of affirmative consent, and difficult cancellation processes. It...
Massachusetts Federal Court Tees Up Broader Preliminary Injunction of ACTS Survey
A Massachusetts federal court issued a new temporary restraining order that pushes the compliance deadline for the Education Department’s ACTS survey to April 24, 2026 for a coalition of higher‑education associations and independent colleges. The order follows a prior preliminary injunction that...
Closing the Gaps: Managing Operational Risk in the Consumer Products Industry
Consumer‑products manufacturers face mounting operational risk as state‑level regulations, aggressive product‑claim litigation, and ESG‑related securities actions outpace traditional federal compliance. Plaintiffs now scrutinize the alignment of regulatory interpretations, sourcing practices, and marketing claims, targeting gaps in “Made in USA,” “pure,”...
NYC Mayor and DCWP Commissioner Announce First-In-The-Nation Municipal “Click to Cancel” Rule
New York City Mayor Zohran Mamdani and DCWP Commissioner Samuel Levine announced a proposed “Click to Cancel” rule aimed at eliminating subscription traps. The rule, issued under Executive Order 10, would require businesses to provide a one‑click cancellation method for any...
Court Affirms A Finding Of Forgery But Reverses Awards Of Remedies Because There Was No Informal Fiduciary Duty Owed By...
The Texas Court of Appeals affirmed that a deed recorded by Darrell was forged, declaring it void ab initio and removing the cloud on title to the family ranch. The court also held that no informal fiduciary duty existed between...
Key Takeaways From Oregon’s 2026 Legislative Session
Oregon’s 2026 legislative session enacted a suite of labor‑focused statutes, most notably HB 4089, which escalates criminal penalties for wage‑theft and unlicensed construction contracting. HB 4111 and SB 1570 tighten immigration‑status protections, barring its use in civil litigation and treating it as protected...
Maryland FAMLI Program Rules, Part I: Online Account and Notices
Maryland’s Department of Labor released final regulations for its Family and Medical Leave Insurance (FAMLI) program, mandating online employer accounts and detailed notice requirements. Payroll contributions from both employers and employees start on January 1 2027, with benefits becoming available by January 3 2028....
UPDATE—Texas Senate Bill 17
In March 2026 the Texas Attorney General released proposed rules to implement Senate Bill 17, dramatically widening the statute's reach. The draft guidance treats indirect and beneficial interests in real property as covered, adopts a look‑through approach to entity ownership,...
The Condo Supply Problem, Part 3: HOA Fees Are the Symptom, Not the Cause
Rising homeowners association (HOA) fees are a symptom of deeper cost pressures in the condominium market, not the root cause. The article links higher fees to aggregated master‑insurance policies, stricter lender reserve requirements, construction‑defect liability costs, and vague association documents...
White House Proposed Budget Targets OFCCP, Section 503, and VEVRAA
The White House’s FY 2027 budget proposal again calls for defunding the Office of Federal Contract Compliance Programs (OFCCP), aiming to cut the Department of Labor’s discretionary budget by 25.9 percent. It would shift the agency’s limited disability and veteran compliance duties...
2026 340B Program Update – 340B Rebate Model RFI Comments Due and Manufacturers Continue Restricting 340B Pricing
The Health Resources and Services Administration (HRSA) has extended the comment deadline for its proposed 340B rebate‑model pilot to April 20, 2026, giving covered entities extra time to outline operational and financial impacts. At the same time, Eli Lilly and Novo Nordisk have instituted...
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...
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...