The sophistication and breadth of first-time activist engagement continue to shape corporate governance and strategic outcomes, as evidenced across corporate annual meetings this summer, meaning advisers should anticipate continued innovation in tactics, increased regulatory complexity, and a persistent focus on board accountability, say attorneys at MoFo.

Despite the demise of the Federal Trade Commission's click-to-cancel rule in July, the commission has not only maintained its regulatory momentum, but also set new compliance benchmarks through recent high-profile settlements with Match.com, Chegg and Amazon, say attorneys at Holland & Knight.

Following the U.S. Supreme Court's decision in Loper Bright v. Raimondo, which upended decades of precedent requiring courts to defer to agency interpretations of federal regulations, the Third and Sixth Circuits' differing approaches leave little certainty as to which employment regulations remain in play, say attorneys at Foley & Lardner.

For employers, DHS’ proposal to change the H-1B visa lottery from a random selection process to one favoring higher-wage workers may increase labor and compliance costs, limit access to entry-level international talent, and raise strategic questions about compensation, geography and long-term workforce planning, says Ian MacDonald at Greenberg Traurig.

Recent decisions by the U.S. Court of Federal Claims and the U.S. Government Accountability Office illustrate the importance of contemporaneous documentation in proposal evaluations, the standards for an agency’s override of a Competition in Contracting Act stay, and the regulatory requirements for small business joint ventures, says Cody Fisher at MoFo.

The federal government shutdown that commenced on Oct. 1 coincided with the expiration of certain telehealth flexibilities that had preserved expansive access to telehealth services for Medicare beneficiaries following COVID-19, creating significant legal and financial uncertainty for healthcare providers and patients, say attorneys at Robinson & Cole.

Colorado's American Dream Act, effective next year, does not eliminate litigation risk for developers entirely, but it does introduce a process, some predictability and a more holistic means for parties to resolve condominium construction defect claims, and may improve the state's housing shortage, says Bob Burton at Winstead.

A recent New York regulation requiring licensed lenders and mortgage bankers to distribute a significant new disclosure pamphlet, essentially a borrower bill of rights, to applicants serves as a reminder to the industry to follow existing best practices, says Scott Samlin at Blank Rome.

Against expectations, dealmakers in both the U.S. and Germany are actively seeking investment opportunities in each other's markets, with 2025 shaping up to be the strongest year in recent memory, say attorneys at White & Case.

A Massachusetts federal court’s recent decision to quash a subpoena seeking information on gender-affirming care at Boston Children’s Hospital is a significant departure from courts' deferential approach to subpoena enforcement, and may open a new pathway for practitioners challenging investigative tools in the future, say attorneys at Gibson Dunn.

The overturning of a Commerce Department rule that allowed duty-free entry of solar cells between 2022 and 2024, now on appeal to the Federal Circuit, means the landscape for imported solar cells and modules is still in flux, while U.S. producers continue to rely on imports, say attorneys at Morgan Lewis.

A New York federal court's recent holding that a Wu-Tang Clan album qualifies as a trade secret provides the first federal framework for analyzing trade secret claims involving assets valued primarily for exclusivity, potentially reshaping Defend Trade Secrets Act jurisprudence for the digital economy, says Jason Bradford at Jenner & Block.

The U.S. Food and Drug Administration's recent warning letters to companies advertising compounded versions of GLP-1 medications raise questions not just about the enforcement outlook for marketing such products, but also about the future of drug compounding as a whole, say attorneys at Spencer Fane.

Recent Fourth and Ninth Circuit decisions have revealed a deepening circuit split over when plaintiffs must specifically define their alleged trade secrets, turning the early stages of trade secret litigation into a key battleground and elevating the importance of forum selection, say attorneys at Skadden.

Antitrust enforcement trends under the Trump administration have included a moderation in the agencies' approach to merger enforcement as compared to enforcers compared to the prior administration, but dealmakers should still expect aggressive enforcement when the agencies believe consumers will be harmed and they expect to win in court, say attorneys at Rule Garza.

Bowe v. U.S. — set for oral argument before the U.S. Supreme Court on Oct. 14 — presents the high court with two consequential questions about the Anti-Terrorism and Effective Death Penalty Act's successive-petition regime that will be immediately relevant to federal postconviction practice, says attorney Elizabeth Franklin-Best.

A Texas federal court's recent ruling in ConvergeOne has the potential to seriously disrupt previously accepted market practice when it comes to sourcing new capital for a restructuring, while offering a nebulous market test for a new approach, say attorneys at Ropes & Gray.

After recent oral argument before the U.S. Supreme Court in Berk v. Choy — asking whether Delaware's affidavit-of-merit statute applies in federal diversity actions, or whether the Federal Rules of Civil Procedure displace the state requirement — it appears the court is poised to simplify the standard approach, says Eric Weitz of The Weitz Law Firm.

Financial institutions supervised by the New York State Department of Financial Services can prepare for two critical cybersecurity requirements relating to multifactor authentication and asset inventories, effective Nov. 1, by conducting gap analyses and allocating resources to high-risk assets, among other steps, say attorneys at Pillsbury.