Emerging Legal News

USPTO’s Rescission of its Discretionary Denial Memorandum
USPTO’s Rescission of its Discretionary Denial Memorandum – Much Ado About Nothing?
by: Kyle W. Kellar
Capital One Sued Over “Refer a Friend” Text
NO IMMUNITY: Capital One Sued Over “Refer a Friend” Text – Court Holds Section 230 Does Not Apply
by: Tammana Malik
Virtual Court Proceedings
New Bench Card Promotes Clarity and Consistency in Virtual Court Proceedings
by: Nicole O. Swanson
Federal Circuit Upholds PTAB Decision in Restem v. Jadi Cell on Inherent Anticipation
Federal Circuit Clarifies Anticipation Analysis for Product-By-Process Claims
by: Sheppard, Mullin, Richter, & Hampton LLP
California Pay Data Reporting Is Due
It’s That Time Of Year Again – California Pay Data Reporting Is Due May 14, 2025!
by: Gregory W. Knopp & Michelle L. Lappen
President Trump Establishes Strategic Bitcoin Reserve and U.S. Digital Asset Stockpile
President Announces Creation of Strategic Bitcoin Reserve
by: Scott H. Kimpel
HHS Fines OHSU $200,000 for HIPAA Right of Access Violation
OCR Imposes $200,000 Penalty Against Oregon Health & Science University for HIPAA Right of Access Violations
by: Hunton Andrews Kurth’s Privacy and Cybersecurity
FDA Increases Oversight of Specimen Collection Devices and Kits for LDTs
FDA’s Backup LDT Enforcement Method: Specimen Collection Kits
by: Benjamin M. Zegarelli & Joanne S. Hawana
Tariff Evasion and Customs Fraud
DOJ Turns Attention to Tariff Evasion and Customs Fraud
by: Clinton K. Yu & Anthony J. Burba
Tariffs Issued from North America
Tariff Whiplash in North America
by: Clinton K. Yu & Michelle Rosario
Honda’s CCPA Settlement Sets Risky Precedent for Businesses
BUSINESS KILLER: Honda’s $632K CCPA Settlement is Terrible Precedent and Should NEVER Have Been Entered Into
by: Eric J. Troutman
Wood Products and Copper Imports
Chopping Into Trade: Investigations of Wood Products, Copper Imports Under Section 232
by: Michelle Rosario & Luis F. Arandia, Jr.
Beware of “Snailing”: Cybercriminals Use Snail Mail for Extortion
Privacy Tip #435 – Threat Actors Go Retro: Using Snail Mail for Scams
by: Linn F. Freedman
CISA Cuts Federal Funding for MS-ISAC, Raising Cybersecurity Concerns
MS-ISAC Loses Funding and Cooperative Agreement with CIS
by: Linn F. Freedman
Emerging Legal News continues below

Featured Articles

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Trump Administration Seeks to Pause FTC’s Noncompete Ban Appeals
Trump Administration Halts Appeals of Rulings Blocking FTC Noncompete Ban
by: Tobias E. Schlueter & Zachary V. Zagger

The federal government has filed motions to stay two ongoing appeals of rulings that blocked the Federal Trade Commission’s (FTC) rule banning noncompete agreements.

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New Tariffs on Canada and Mexico
Increased Duties on Chinese Imports and Guidance Regarding New Tariffs on Canada and Mexico
by: Deanna Tanner Okun & Lydia C. Pardini

Effective today, most U.S. imports from China are now subject to 20% emergency tariffs and imports from Canada and Mexico are subject to 25% emergency tariffs, in addition to any other applicable import duties. These tariffs, while sweeping in coverage, do contain certain exemptions discussed below.

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FinCEN Again Delays CTA Deadlines
FinCEN Again Delays CTA Reporting Deadlines and Suspends Enforcement
by: Jeffery L. LaBine & Joseph D. Gustavus

On February 27, 2025, the U.S. Financial Crimes Enforcement Network (FinCEN) announced that it intends to issue an interim final rule by March 21, 2025, with extended beneficial ownership information reporting deadlines.

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OSHA Information for Employers
The Top 10 Things Every Employer Should Know About OSHA
by: Jared B. Caplan

In the evolving landscape of workplace safety regulations, it is essential for construction employers to stay well-informed about the Occupational Safety and Health Administration’s (OSHA) protocols and guidelines.

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Understanding the fundamental forms of intellectual property
Intellectual Property — 101: A User’s Guide
by: Joshua L. Gablin

Intellectual Property (IP) is a valuable asset class. But what is IP? One answer is that the term refers to a class of intangible assets that are creations of the mind that may have commercial value and are protected by law. A slightly more comprehensive answer is...

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February 2025 Law Firm Legal News
February 2025 Legal News: Law Firm News and Mergers, Industry Awards and Recognition, DEI and Women in Law
by: The National Law Review

Thank you for reading the National Law Review’s legal news roundup, highlighting the latest law firm news! As the country settles into the new year, law firm news has no signs of slowing down.

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USCO releases copyright guidance in 2025 in relation to AI
USCO Releases Part 2 of its Report on Copyright and Artificial Intelligence
by: John Hines

On January 29, 2025, the Copyright Office (USCO) issued the second of its three-part report, Copyright and Artificial Intelligence, relating to its study of how copyright law and policy should respond to the development and use of artificial intelligence.

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Attorney considering his place in the milieux of Artificial Intelligence
Legal AI Unfiltered: 16 Tech Leaders on AI Replacing Lawyers, the Billable Hour, and Hallucinations
by: Oliver Roberts

With AI-powered tools promising efficiency gains and cost savings, AI is fundamentally changing the practice of law. But as AI adoption accelerates, major questions arise: Will AI replace lawyers? What does AI adoption mean for the billable hour? And can hallucinations ever be fully eliminated?

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Tariffs on Steel and Aluminum from All Countries Reset
President Trump Resets US Tariffs on Imports of Steel and Aluminum from All Countries
by: Nathaniel B. Bolin & David R. Allman

President Trump announces that he was increasing tariffs on US imports of aluminum from 10% to 25% and ending various exemptions and exclusions to the US tariffs of 25% on imports of steel. The tariffs were first imposed in President Trump’s first term under the authority of Section 232 of the Trade Expansion Act

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Trump Administration Appeals CTA Injunction
It Lives: Trump Administration Defends Corporate Transparency Act; May Modify its Application
by: Kathleen M. Hamann

Trump administration added a new chapter to the saga that has been implementation of the Corporate Transparency Act (CTA), filing a notice of appeal and motion for stay against an Eastern District of Texas injunction in Smith v. United States Department of the Treasury on enforcement of filing deadline.

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March 2025 Visa Bulletin
March 2025 Visa Bulletin Updates
by: Kristin Bolayir
PFAS in plastics
NGOs Appeal Dismissal of Suit Seeking TSCA Section 6 Rule Prohibiting Production of PFOA during Fluorination of Plastic Containers
by: Lynn L. Bergeson & Carla N. Hutton
SEC Chair Gary Gensler to Resign
Changing of the Guard at the SEC
by: Scott H. Kimpel & Kelli Regan Rice
Small “Starter” Home Developments
SB 684 and SB 1123 Expedite the Entitlement Path for Small “Starter” Home Developments
by: Jennifer Jeffers & Jordan Wright
List of Contractors Selected For Audit by the OFCCP
OFCCP Releases List of Contractors Selected For Audit – Is Your Company On It?
by: Guy Brenner & Olympia Karageorgiou
America’s Anti-Robocall Statute
What is the TCPA?: Here’s a Quick Background on America’s Anti-Robocall Statute Every Call Center Must Know
by: Eric J. Troutman
Violations of Whistleblower Rule
SEC Enforcement Director Highlights Increased Penalties for Violations of Whistleblower Rule
by: Geoff Schweller
Voluntary Qualified Importer Program
FDA Updates Guidance for Voluntary Qualified Importer Program
by: Food and Drug Law at Keller and Heckman
Supreme Court to Weigh Economic Harm and Legal Standing in DACA Challenge
DACA Case Update: Appeals Court’s Focus on Standing
by: Michelle Choe
Schneider Electric Investigates JIRA Platform Breach, Highlights Threat of Stolen Credentials
The Impact of Stolen Credentials
by: Linn F. Freedman
CMS Expands AHEAD Model to New States for Health Cost Control
CMS Continues to Plan AHEAD Amid Rising Healthcare Costs
by: Patrick H. Hao & Justine F. Lei
Employee Retention Credits Refund Delays
Employee Retention Credits Refund Delays: Insights and Options [Podcast]
by: Michael K. Mahoney & Viki E. Farrior
Charitable Endowments
A Legal Practitioner's Guide to Charitable Endowments [Podcast]
by: Klaus Gottlieb
Whistleblowers Put a Stake in Kickback Scheme
No More Fraud Vampires: Whistleblowers Put a Stake in Phlebotomy Unlawful Kickback Scheme
by: Tycko & Zavareei Whistleblower Practice Group
Proposed ACA Regulations Require Employer Health Plans to Cover OTC Contraceptives
Affordable Care Act Proposed Rule Would Broaden Access to Over-the-Counter Contraception Without Cost Sharing
by: Timothy J. Stanton
Fiduciary Best Practices and Risk Mitigation in 2024
Conjuring Health Plan Hygiene: The Final Chapter
by: Caitlin M. Britos
USCIS to End Simultaneous Adjudication of H-4 and L-2 Visa Apps
Settlement Requiring Near-Contemporaneous Adjudication of Properly Bundled Forms I-539 and I-765 to Sunset in January 2025
by: Evan B. Gordon
Arbitration Provisions in Nonprofits’ Contracts
Strategic Use of Arbitration Provisions in Nonprofits’ Contracts
by: Sean W. Glynn & Brian D. Schneider
more Featured Legal Headlines

Public Notices

White House Transition

More Emerging Legal News

Supreme Court Limits Veterans’ Ability to Challenge Disability Denials
by: Jenna Rackerby & Dale Wainwright
The Big Six Items That Family Offices Need to Consider in 2025
by: Kevin Matz & Evgeny Magidenko
Proposed FAR CUI Rulemaking Nears Comment Deadline
by: Eleanor M. Ross & Cassidy Kim
An Odyssey of Timeliness: Appointments Clause Arguments Must Be Preserved
by: Dexter Hamilton
USTR Seeks Public Comment on Proposed Action in Section 301 Investigation of China’s Targeting of the Maritime, Logistics, and Shipbuilding Sectors
by: Matthew J. Thomas & Kathleen H. Shannon
Validity Analysis for Product-by-Process Claim Focuses on Product
by: Courtney Seams
Five Practical Tips for Government Contractors Navigating the Executive Order Chaos
by: Merle M. DeLancey Jr.
PTO Reverts to Prior Post-Grant Guidelines for Cases Involving Parallel District Court Litigation
by: Sarah Mezini
Proving Fraud is and Should Be Hard: Lessons from a Recent Medicare Advantage False Claims Act Decision
by: David T. Fischer & Erica J. Kraus
Inventor’s Motivation to Combine Does Not Control Obviousness
by: Lois D. Mermelstein
Economic Prong of Domestic Industry Requirement Includes All Sorts of Labor and Capital
by: Connor S. Romm
Blockchain+ Bi-Weekly; Highlights of the Last Two Weeks in Web3 Law: March 13, 2025
by: Jonathan E. Schmalfeld & Stephen A. Rutenberg
more emerging legal news

Artificial Intelligence News

AI Washing and Securities Lawsuits: Rising Risks for Corporate Executives
Protecting Your Business: AI Washing and D&O Insurance
by: Geoffrey B. Fehling & Michael S. Levine
AI-related misrepresentations are leading to securities lawsuits against corporate executives. Learn about AI washing risks, legal challenges, and D&O insurance cons Read More
AppLovin Faces Securities Class Action Over AI Ad Platform Claims
AppLovin & Its AI: A Lesson in Accuracy
by: Roma Patel
California Privacy Protection Agency Investigates Companies Over Location Data Collection
California Privacy Protection Agency Begins Investigative Sweep into Location Data Collection under CCPA
by: Kathryn M. Rattigan
AI Washing: Regulatory Scrutiny and Investor Lawsuits on the Rise
What is AI Washing and Why are Companies Getting Sued?
by: Linn F. Freedman
AI and Information Governance: Key Considerations for Legal Professionals
Navigating the AI Frontier: Why Information Governance Matters More Than Ever
by: Jim Merrifield, IGP, CIGO
Understanding risks of AI use in business
AI in Business: The Risks You Can’t Ignore
by: Joshua L. Gablin
AI Utilized for Ideal Massages
If You Are Uptight About AI, This May Relax You
by: James G. Gatto
AI in Hiring: Discrimination Risks, Legal Trends, & Employer Compliance Strategies
The Ever-Evolving Landscape with Artificial Intelligence and Employment
by: Nathanael E. Wright & Harshita K. Ganesh
Artificial Intelligence Settlement Outcomes
Leveraging Artificial Intelligence to Reach Favorable Settlement Outcomes
by: Max S. Meckstroth & Nicholas S. Covek
Cybersecurity in the Nuclear Industry
Cybersecurity in the Nuclear Industry: US and UK Regulation and the Sellafield Case
by: Andrew Parsons & Andrew Tuggle
AI in HIPAA Security Rule NPRM
AI Meets HIPAA Security: Understanding HHS’s Risk Strategies and Proposed Changes
by: Amy S. Leopard & Adriante Carter
Action Against AI Children's Learning Program
CARU Takes Privacy Action Against Buddy AI Children's Learning Program
by: Phyllis H. Marcus
Privacy Agency AI Rulemaking
CA Legislators Charge That Privacy Agency AI Rulemaking Is Beyond Its Authority
by: Alan L. Friel & Glenn A. Brown
EU Artificial Intelligence Act
Introducing the EU AI Act
by: Natasha Allen
AI-Driven Company Acquisition Tips
M&A Playbook for Acquiring AI-Powered Companies
by: Stephanie L. Zeppa & Maximilian Fuery
Nuclear Power for AI Data Centers
Powering the Digital Future: Navigating the Nuclear Option for Data Centers
by: Belton T. Zeigler & Stephen J. Snyder
Shaping AI Policy: Stakeholder Input Needed
U.S. Shifts AI Policy, Calls for AI Action Plan
by: Phillip Goter & Cony Rosas
FTC’s COPPA Rule Update Frozen Under New Administration – What’s Next for Children’s Privacy Compliance?
FTC COPPA Updates Provide New Protections for Children
by: Liisa M. Thomas & Jonathan E. Meyer
State AI Regulations: Colorado & Utah Lead as More States Join
Some States Step Up Early to Regulate AI Risk Management
by: Romaine C. Marshall & Taryn A. Elliott
Old Laws in Scope for New AI
Oregon’s AI Guidance: Old Laws in Scope for New AI
by: Liisa M. Thomas & Kathryn Smith
AI Regulations on Insurtech
The Impact of AI Regulations on Insurtech
by: John J. Rolecki & Bhashit (Sheek) Shah
more Artificial Intelligence headlines

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Environmental, Social, Governance

EPA Waves on WOTUS
EPA and the Army Make More Waves on WOTUS
by: Ann D. Navaro & Daniel J. Pope
Two New Procedural Wrinkles That May Disincentivize Challenges to New Federal Policies
by: J. Michael Showalter & Samuel A. Rasche
Cuts, Closures, and Confusion: A Quick Update on U.S. EPA
by: Jonathan H. Schaefer
A Big Day at EPA – Agency Announces Reconsideration of 31 Major Agency Actions
by: Ana Maria Gutierrez & Jessica Portmess
EPA Reschedules SACC Meetings to Consider 1,3-Butadiene Draft Risk Evaluation, Will Issue Supplement
by: Lynn L. Bergeson & Carla N. Hutton
EPA Extends Comment Period on Draft TSCA Risk Evaluation for DCHP
by: Lynn L. Bergeson & Carla N. Hutton
No Harm, No Foul: Greenwashing Lawsuit Dismissed for Lack of Article III Standing
by: Michael D. Leffel & Kelsey C. Boehm
EPA Extends Comment Period on Draft Scope Document for Vinyl Chloride TSCA Risk Evaluation
by: Lynn L. Bergeson & Carla N. Hutton
Supreme Court Limits Clean Water Act Permit Requirements in San Francisco v. EPA
by: Liberty Quihuis & Duncan M. Greene
EU Omnibus Package: Proposed Changes to Reduce ESG Compliance Burdens for Businesses
by: Samuel Garcia Nelen & Dr. Johann-Frederik Schuldt
view more ESG law headlines

International Law News

U.K. Musicians Protest AI Copyright Law with “Silent Album”
Artists Protest AI Copyright Proposal in the U.K.
by: Daniel J. Lass
EU Adopts 16th Russia Sanctions Package: Key Aviation and Trade Restrictions
European Union Adopts 16th Package of Sanctions Against Russia, Further Impacting the Aviation Industry
by: Laura Scott & Petr Bartoš
European Member Pay Transparency
“Work of Equal Value” – If Apples and Pears Were Jobs (EU)
by: Marga Caproni
EU is set to impose new tariffs on U.S. goods
EU to Impose Tariffs on US Goods – Steel, Aluminum, and More – in April 2025
by: Erik de Bie & Nina Mantel
UK Court Narrows LLP Salaried Members Rules in BlueCrest Case
The Salaried Members Rules and the 'Significant Influence' Test – Does the BlueCrest Case Affect Me (As a Partner) or My Firm?
by: Charlotte Sallabank & Daniel Lewin
UK’s Financial Conduct Authority
Defence – A Sustainable Investment? A View From The UK’s Financial Conduct Authority
by: John Verwey & Rachel E. Lowe
European Data Protection Board 2025 Priority Enforcement Topic
Forget It!: EDPB Announces Focus on Right to Erasure in 2025
by: Liisa M. Thomas
More international law headlines

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