EPA Looks to Evaluate Microplastics Under the Safe Drinking Water Act
On April 6, 2026 the EPA released the draft of its sixth Contaminant Candidate List (CCL) under the Safe Drinking Water Act, marking the first time microplastics are listed as a priority contaminant group. The draft CCL, which contains 75 chemicals, four chemical groups and nine microbes, identifies four key data gaps—health‑based definition, detection methods, mixture effects, and source identification. EPA and HHS announced the move as a historic step toward protecting drinking water, and the agency is seeking public comments by June 5, 2026. Inclusion on the CCL signals that microplastics could move toward formal monitoring and regulation.
ISO 27914:2026: A New Potential Long‑Term Solution for Section 45Q Permanent Secure Geological Storage
The EPA’s proposed repeal of Subpart RR threatens the reporting foundation for Section 45Q carbon‑capture tax credits. ISO 27914:2026, released on April 1, 2026, fills the gap by offering detailed quantification, monitoring, reporting and verification (MRV) standards for permanent geological CO₂ storage. Treasury and...
21st Century ROAD to Housing Act: Impact on Large Institutional Investors
On March 10, 2026 the Senate passed H.R. 6644, the 21st Century ROAD to Housing Act, adding Section 901 that bars large institutional investors—those controlling more than 350 single‑family homes—from buying additional units. The provision also forces divestment of certain newly built,...
Star Power, Legal Power: Lively V. Wayfarer and the Expanding Reach of FEHA
The federal court in New York allowed Blake Lively’s retaliation claim under California’s Fair Employment and Housing Act (FEHA) to proceed while dismissing her Title VII and whistleblower claims. The court classified Lively as an independent contractor, emphasizing economic reality over on‑set...
States Continue to Advance New PBM and Drug Pricing Legislation in 2026
State lawmakers in Virginia and Ohio are moving ahead with aggressive pharmacy‑benefit‑manager (PBM) reforms in 2026. Virginia’s Affordable Medicine Act would apply the Inflation Reduction Act’s maximum fair price ceiling to state‑regulated health plans and require PBMs to report fees,...
Risk #6- Valuation Under Pressure- Market Stress and the Enforcement Lens
Asset managers are facing intensified regulatory scrutiny on valuation practices as market volatility and tighter credit conditions expose the challenges of pricing illiquid assets. The SEC’s examinations of interval funds and the FCA’s 2025 review underscore a global push for...
The Fiscal Year 2027 Budget Request: A Historic Investment in US Maritime Dominance
On April 5, 2026 the White House unveiled a FY27 budget request that earmarks $1.5 trillion for national‑security programs, with maritime revitalization as a centerpiece. The proposal allocates a historic $65.8 billion to U.S. Navy shipbuilding – a 50% increase over FY26...
The Rise of Digital Debt Securities in the Middle East
The Gulf Cooperation Council (GCC) is accelerating the adoption of digital debt securities, with several banks issuing digitally native bonds on blockchain platforms. Notable issuances include First Abu Dhabi Bank’s $100 million note, Qatar National Bank’s $500 million digital bond, Doha Bank’s...
You Filed Your ADV Annual Amendment – What’s Next?
Advisers with a December 31 fiscal year have met the March 31 deadline for filing their annual Form ADV amendment. The next compliance step is the April 30 delivery obligation, which requires sending an updated Form ADV Part 2A brochure—or a summary of material changes with...
Pre-IPO Planning Is No Longer About Going Public. It’s About Keeping Every Option Alive.
The sudden market slowdown in early 2026 has highlighted that pre‑IPO planning is no longer a gamble on going public but a strategic platform that preserves all liquidity options. Companies with IPO‑ready infrastructure can instantly shift to M&A, secondary sales,...
GHOSTED: Brandon Callier Wins Default Judgment Against Absentee Defendant
In the Western District of Texas, pro se plaintiff Brandon Callier secured a default judgment after Vanguard Alliance Group failed to appear in the TCPA and Texas Business and Commerce Code case. The court applied a six‑factor test, finding no...
FTC and Maryland Attorney General Secure Refunds and Penalties Against Auto Group for Alleged Deceptive Pricing Practices
The FTC and Maryland Attorney General announced a settlement with an automotive group for deceptive pricing practices. The group must refund over $75 million to affected consumers and pay a $3.1 million civil penalty. The order also mandates clear disclosure of the...
Second Circuit Curtails Securities Act Claims, Holding That Reverse Split Was Not a “Sale” And Post-Split Notes Could Not Be...
The Second Circuit affirmed that Barclays’ mandatory 4:1 reverse split of VXX exchange‑traded notes does not constitute a “sale” under the Securities Act, and that investors failed to meet the tracing requirement for a Section 11 claim. The court applied a...
SEC–CFTC 2026 Harmonization MOU
The SEC and CFTC signed a non‑binding Memorandum of Understanding on March 11, 2026 to coordinate oversight of overlapping markets. The MOU outlines joint principles, risk‑based “minimum effective dose” regulation, and priority areas such as product definitions, clearing, margin, crypto...
Trials: How to Avoid an Outsized Percentage of Fault in Toxic Tort Cases
Toxic‑tort trials typically feature only one or two defendants, even when evidence points to dozens of potential polluters. This imbalance lets juries assign an outsized share of fault to the trial defendant, especially as plaintiffs downplay non‑party exposures during discovery....
Pennsylvania’s New ENDS Directory Law Raises the Bar for Market Access
Pennsylvania enacted Act 57 of 2025, creating an ENDS directory that limits market access to products with FDA PMTA approval before September 9, 2020. The law imposes a $50,000 surety bond, $2,000 per brand‑family and $200 per brand‑style certification fees, plus annual renewals, and...
Poured Out: Sixth Circuit Overturns NLRB Order, Signaling Cracks in Cemex
On March 6, 2026 the Sixth Circuit overturned the NLRB’s bargaining order issued under the 2023 Cemex framework in Brown‑Forman Corp. v. NLRB. The court affirmed the unfair‑labor‑practice findings but refused to enforce the order, labeling Cemex as rulemaking disguised as adjudication....
DNA Software Meets the Daubert Standard According to the Third Circuit and Adds to the List of New Technologies Being...
The Third Circuit ruled that TrueAllele probabilistic genotyping software satisfies the Daubert reliability standard, permitting its use at trial. The court highlighted the software’s scientific foundation, a false‑positive rate of 0.005% versus 2‑6% for human analysis, and 42 validation studies....
Request for Comments on Texas PUCT Draft Report Regarding Transmission Cost Recovery in the ERCOT Region
The Texas Public Utility Commission (PUCT) released a draft report on 16 March 2026 proposing six changes to how wholesale transmission costs are recovered in the ERCOT market. Key proposals include replacing the four‑coincident‑peak (4CP) methodology with a broader set of peaks...
New York Attorney General Subpoena Defense Counsel on Top Consumer Complaints of 2025
On March 2, 2026 New York Attorney General Letitia James published the 2025 top‑10 consumer complaint list, highlighting 4,809 retail, 4,595 internet, and 4,521 automobile filings. The report underscores new enforcement tools such as the Algorithmic Pricing Disclosure Act, which mandates disclosure of data‑driven...
Accommodations for Pregnant College Students Under Title IX
Title IX requires colleges to accommodate pregnant, lactating, and postpartum students without discrimination. Institutions must provide standard accommodations—such as lactation spaces, flexible break schedules, and larger workstations—without demanding medical documentation for each request. When students return from pregnancy‑related leave, schools must...
Alamo Title Company V. WFG National Title Company of Texas, LLC: Texas Business Court Takes Broad View of Jurisdiction in...
The Texas Business Court ruled it has subject‑matter jurisdiction over Alamo Title’s claim against WFG National Title, interpreting the statute’s plain language to include actions “relating to” intellectual property. The court also held that future damages count toward the $5 million...
Foreign Vessels Operating Under the Jones Act Waiver Should Consider What Other US Laws May Apply
The Trump administration issued a 60‑day Jones Act waiver covering 659 product categories, permitting foreign‑flagged vessels to operate on U.S. domestic routes. The waiver’s authority is limited to navigation and vessel‑inspection laws, leaving open whether other U.S. statutes such as...
Court Allows Discovery Into Insurer’s Use of AI to Deny Claims
A Minnesota federal court granted plaintiffs discovery into UnitedHealth’s AI system nH Predict, which the insurer uses to evaluate and deny post‑acute care claims. The ruling required production of documents describing the AI’s development, functionality, and oversight, while limiting some financial...
Weekly Bankruptcy Alert March 23, 2026 (For the Week Ending March 22, 2026)
The weekly bankruptcy alert for the week ending March 22 2026 lists seven Chapter 11 filings and three Chapter 7 cases across the Northeast and select other states. Notable Chapter 11 cases include Fordham Landing Preferred Sponsor LLC with assets and liabilities between $50 million and...
"The Arbitrator Exceeded Her Authority": Specific Arbitration Agreement Terms Lead to Successful Appeal of Award
The Seventh Circuit vacated a punitive‑damages award in USAA Savings Bank v. Goff because the arbitrator ignored a contractually mandated post‑award review. The arbitration clause required a review mirroring state court procedures and expressly subordinated AAA rules to the agreement....
AI Platforms and Privilege- Tax Departments Should Be Wary About What They Share
Tax departments are increasingly turning to AI for analytical efficiency, but recent case law warns of privilege risks. The U.S. District Court for the Southern District of New York held in United States v. Heppner that communications with a publicly...
Major Changes to New Zealand’s Employment Relations Framework
New Zealand’s Employment Relations Amendment Bill, effective February 2026, removes unjustified dismissal protections for employees earning NZ$200,000 or more and introduces a twelve‑month transition for existing staff. The legislation also allows full or partial reduction of personal grievance remedies when...
New Wisconsin Laws Target Grooming in Schools: What School Districts Need to Know
On March 6, 2026 Governor Tony Evers signed two Wisconsin bills that criminalize grooming by anyone in a position of trust at schools and mandate district policies and annual training. The statutes define grooming as a felony, with escalated penalties for trusted...
Building Virginia’s Future: How C-PACE Financing Is Energizing Green Real Estate Development
Virginia’s Commercial Property Assessed Clean Energy (C‑PACE) program, authorized by the 2015 Virginia C‑PACE Act, now operates in more than 20 localities, providing developers with long‑term, fixed‑rate financing for energy‑efficient upgrades. Recent transactions in Prince William County, Richmond, and Rockingham...
Behavioral Health Law Ledger | March 2026
The Office of the Assistant Secretary for Technology Policy and the ONC launched nine pilot programs across nine jurisdictions, involving 45 organizations, to test behavioral health data‑exchange standards using the USCDI+ dataset and FHIR profiles, backed by roughly $20 million from...
How FDA Can Better Align Its Draft Guidance on Flavored ENDS with the Tobacco Control Act’s APPH Mandate
The FDA released draft guidance on flavored electronic nicotine delivery systems (ENDS) that seeks to clarify evidentiary expectations for pre‑market tobacco product applications. The article argues the guidance should better reflect Section 910 of the Tobacco Control Act, which requires an...
Courts Grant Mandamus To Compel Arbitration In A Will Dispute
In Hollingsworth v. Swales, the Texas Court of Appeals held that an arbitration provision embedded in a 2020 codicil is enforceable because beneficiaries who accepted benefits manifested mutual assent. The court ruled that disputes over will construction and trustee actions...
Hospitals and Health Care Providers Brought Before Congress to Testify on Health Care Costs
Congressional committees are convening a series of hearings in mid‑March to address rising health‑care costs, targeting insurer practices, hospital pricing, and pharmaceutical supply chains. The Energy and Commerce Subcommittee on Health will examine site‑neutral payment models, while the Oversight &...
Seven Years in the Making: Oklahoma Enacting Comprehensive Consumer Privacy Law
Oklahoma’s Senate Bill 546 cleared the House 84‑4, moving the state toward becoming the 21st jurisdiction with a comprehensive consumer privacy law. The bill adopts a Virginia‑style “Consensus Privacy” framework, applying to entities that process data of at least 100,000...
Haiti TPS Remains Active While Supreme Court Considers Trump Administration’s Emergency Request
The Trump administration has filed an emergency petition with the U.S. Supreme Court to allow the termination of Haiti's temporary protected status (TPS) while ongoing litigation proceeds. Lower courts have blocked the February 2026 termination, keeping Haitian TPS holders protected...
DOL Reminds Employers to Include Non-Discretionary Bonuses When Calculating Regular Rates and Overtime Premiums — But How?
The Department of Labor’s January 2026 Opinion Letter reminds employers that non‑discretionary bonuses must be factored into the regular rate of pay for FLSA overtime calculations. Unlike discretionary bonuses, these payments are tied to predetermined criteria such as attendance or safety...
Thinking About Employee Unease as a Legal Risk Factor
The article warns that rising employee unease—driven by AI layoffs, economic uncertainty, and geopolitical tensions—creates a hidden legal risk for employers. It argues that traditional policies alone won’t mitigate this risk when emotions run high. Companies that prioritize perspective‑taking communication...
PFAS False Advertising Class Actions: A Growing Threat Across Industries
PFAS false‑advertising class actions are expanding from environmental suits to any consumer‑facing sector that uses health, safety or sustainability language. Plaintiffs argue that terms like “natural” or “eco‑friendly” imply PFAS‑free status, even when PFAS enter products unintentionally via supply chains....
GSA’s New Proposed “American AI” Clause for Schedule Contracts: What Contractors Need to Know
On March 6, 2026 the GSA issued a proposed GSAR clause—552.239‑7001—mandating the exclusive use of "American AI" in all Schedule contract performance. The clause requires contractors to disclose every AI system, enable human oversight, report incidents within 72 hours, and provide extensive documentation...
DOJ’s FCA Head Shares Enforcement Insights
At the Federal Bar Association’s Qui Tam conference, Deputy Assistant Attorney General Brenna Jenny outlined the Department of Justice’s enforcement philosophy under the False Claims Act. She stressed that the DOJ targets concrete harm, will pursue stale conduct within the statute...
Soft Selling Text Messages Could Count as Solicitations Under the TCPA
The Northern District of Georgia ruled that soft‑selling text messages offering to buy a homeowner’s property can qualify as TCPA telephone solicitations when they aim to promote services, even without explicit service language. The court upheld the plaintiff’s claim for...
Shanghai Huangpu District People’s Court: AI Prompts Not Copyrightable
In a 2025 ruling, Shanghai Huangpu District People’s Court held that English‑language prompts fed into Midjourney are not eligible for copyright protection. The court found the six prompt sets to be unordered lists of common artistic terms lacking original expression,...
Brussels Regulatory Brief: November/December 2025–January 2026
The European Commission unveiled new guidelines on the EU Foreign Subsidies Regulation, defining presumptions for targeted subsidies, a balancing test, and a prior‑notification regime for below‑threshold deals. In parallel, it levied hefty penalties: €72 million on automotive starter‑battery makers for a...