WilmerHale Client Alerts RSS Feed

One Year after Seven County Trends in NEPA Review and Litigation Risk

Fri, 05 Jun 2026 13:30:00 Z

One year ago, on May 29, 2025, the US Supreme Court issued its unanimous decision in Seven County Infrastructure Coalition v. Eagle County that established a “course correction” to bring agency compliance and judicial review under the National Environmental Policy Act (NEPA) back in line with the statutory text.

USTR Proposes New Section 301 Tariffs on 60 Economies

Thu, 04 Jun 2026 13:30:00 Z

This week, the Office of the US Trade Representative (USTR) has announced proposed tariffs ranging from 10% to 37.5% on 60 U.S. trading partners accounting for over 99% of U.S. imports.

California Supreme Court Permits Judicial Scrutiny of “Blanket” Peremptory Challenges to Judges

Thu, 04 Jun 2026 13:20:00 Z

On May 28, 2026, the California Supreme Court held that courts may, in certain circumstances, look behind peremptory judicial disqualification motions when those motions appear to be part of a coordinated “blanket” effort to remove a judge.

UK Financial Conduct Authority Review of Firms’ Sanctions Systems and Controls

Thu, 04 Jun 2026 11:00:00 Z

On May 28, 2026, the UK Financial Conduct Authority (FCA) published its findings after reviewing 150 authorized firms’ sanctions systems and controls, concluding that while firms have materially improved since 2022, significant gaps remain that continue to drive sanctions breaches.

Potential Implications of Former-CFPB Director Rohit Chopra's Appointment to Lead New California Consumer Protection Agency

Wed, 03 Jun 2026 09:40:00 Z

On May 12, 2026, California Governor Gavin Newsom announced the appointment of Rohit Chopra—former Director of the Consumer Financial Protection Bureau (CFPB) and former Commissioner of the Federal Trade Commission (FTC)—to lead the newly formed Business and Consumer Services Agency (BCSA).

New Executive Order Addressing Early Government Access to Frontier AI Models

Tue, 02 Jun 2026 21:19:00 Z

Today, June 2, 2026, President Trump announced a new executive order (EO) on how the federal government will collaborate with frontier artificial intelligence (AI) models to “modernize government and private sector information systems and harden them against external threats.”

PTAB/USPTO Update - June 2026

Tue, 02 Jun 2026 11:00:00 Z

Starting June 18, the USPTO will require registration for access to the Open Data Portal (ODP), which is the USPTO’s platform to extract USPTO data for free.

DOJ Announces Changes to Accelerate Enforcement of Alleged Public Benefits Fraud

Mon, 01 Jun 2026 10:00:00 Z

On May 27, 2026, the Department of Justice (DOJ) issued a memorandum announcing significant changes intended to accelerate False Claims Act (FCA) investigations of alleged public benefits fraud.

CFTC Enforcement Revises its Policy on Cooperation Credit

Fri, 29 May 2026 12:00:00 Z

CFTC’s new policy encourages self-reporting and cooperation, offering declinations or 25–75% penalty reductions for remediation absent aggravating factors.

Federal Circuit Patent Watch: Distinction Between Result-Oriented Claims and Claims Covering a Concrete Implementation Makes All the Difference for Eligibility

Tue, 26 May 2026 12:30:00 Z

A collection of summaries of and links to recent precedential opinions by the United States Court of Appeals for the Federal Circuit.

What Sports Executives Need to Know About Prediction Markets

Tue, 26 May 2026 10:45:00 Z

Prediction markets are expanding rapidly and cannot be ignored. New sports-focused prediction markets are surging in popularity and operate differently than the familiar state sports-betting frameworks. Gaming regulatory safeguards designed to address the state frameworks may not address the requirements of federal rules, giving rise to the need for new policies and procedures focused on federal regulations.

CMS Announces Moratorium on New Medicare Enrollment for Hospices and Home Health Agencies

Thu, 21 May 2026 19:55:00 Z

On May 13, 2026, the Centers for Medicare & Medicaid Services, in coordination with Vice President JD Vance’s Anti-Fraud Task Force, announced a six-month, nationwide moratorium on new Medicare enrollment for hospices and home health agencies, effective immediately.

The 2026 Election Season Is a Minefield of Pay-to-Play Risks for Investment Advisers

Tue, 19 May 2026 14:00:00 Z

US Securities and Exchange Commission (SEC) Chairman Paul Atkins made news in March when he told an audience of securities industry professionals that change was on the way for Investment Advisers Act Rule 206(4)-5 (the Pay-to-Play Rule or the Rule).

Onshoring Pharmaceutical Manufacturing: Procedures to Apply for Onshoring Agreements to Reduce Section 232 Tariffs

Wed, 13 May 2026 15:30:00 Z

The US Department of Commerce has published the procedures for companies to apply for agreements with the US government to reduce tariffs levied under Section 232 of the Trade Expansion Act of 1962 (Section 232) on imported patented pharmaceutical products by onshoring manufacturing of qualifying products.

DOJ, States Reach Significant Settlement in Agri Stats Information Sharing Antitrust Litigation

Tue, 12 May 2026 19:21:00 Z

The DOJ and a bipartisan group of six state attorneys general announced last week a proposed settlement that provides important guidance on how federal and state antitrust enforcers evaluate information exchanges.

UK High Court Broadens Scope of Legal Advice Privilege

Tue, 12 May 2026 12:00:00 Z

UK High Court in Aabar Holdings v Glencore plc broadened legal advice privilege to cover intra‑group client communications and documents created to seek legal advice.

President Trump Issues New Executive Order Significantly Increasing Sanctions Risk for Non U.S. Companies and Financial Institutions Doing Business with Cuba

Tue, 12 May 2026 10:00:00 Z

Executive Order 14404 authorizes sanctions against foreign (non U.S.) persons engaged in a broad range of Cuba-related business, raising the stakes for firms that previously could operate in Cuba while also maintaining U.S. ties.

The ITC’s Proposed Financial Interest Disclosure Rule: Implications for Section 337 Practice

Tue, 12 May 2026 09:00:00 Z

On April 30, 2026, the ITC proposed rules requiring Section 337 parties to disclose owners and litigation funders; comments are due June 29, 2026.

DOJ Announces Initiative for Data Miners Filing Qui Tam Complaints

Tue, 05 May 2026 10:00:00 Z

On April 30, 2026, the US Department of Justice (DOJ) announced a False Claims Act (FCA) initiative seeking to strengthen its relationship with companies and individuals who analyze publicly available data for signs of potential fraud and file qui tam complaints.

Significant Broadening of UK Corporate Criminal Liability

Tue, 05 May 2026 00:00:00 Z

The Crime and Policing Act 2026 passed into UK law on 29 April 2026. With effect from 29 June this year, therefore, the basis on which a corporate organisation can be found criminally liable in the UK will dramatically broaden.

PTAB/USPTO Update - May 2026

Mon, 04 May 2026 16:00:00 Z

On April 1, the USPTO announced a pre-order procedure regarding substantial new question determination in ex parte reexamination proceedings.

Federal Circuit Patent Watch: Omission of a Coinventor Renders a Patent Invalid When That Error Cannot Be Corrected

Thu, 30 Apr 2026 10:30:00 Z

A collection of summaries of and links to recent precedential opinions by the United States Court of Appeals for the Federal Circuit.

AI and the UK Financial Conduct Authority

Wed, 29 Apr 2026 13:00:00 Z

The UK Financial Conduct Authority (FCA) has elected not to introduce a bespoke AI rule book and has instead applied its existing, outcomes‑focused framework to firms’ design, deployment and oversight of AI systems.

US Department of Agriculture Finalizes Updated NEPA Procedures

Mon, 27 Apr 2026 16:30:00 Z

For infrastructure, energy, and community development projects that require rights-of-way or receive funding from the US Department of Agriculture—including projects on National Forest System lands—agencies within the USDA often lead environmental reviews under the National Environmental Policy Act.

SEC Approves Amendments to FINRA Rule 4210 Replacing Day Trading Margin Requirements with A Modernized Intraday Margin Standard

Thu, 23 Apr 2026 17:58:00 Z

SEC approved FINRA rule replacing day trader margin rules with an intraday margin standard, dropping pattern day trader concepts.

AI and Data Privacy in Investigations: What Legal Teams Need to Know

Tue, 21 Apr 2026 00:00:00 Z

Internal investigations routinely involve processing personal data about identifiable individuals, including employees, witnesses, counterparties, and customers. The use of AI tools to review, classify, summarise, prioritise or generate outputs from that data, engages a demanding set of obligations under the UK General Data Protection Regulation.

Treasury Announces Proposed Rule to Implement the GENIUS Act’s Requirements to Counter Illicit Finance

Mon, 20 Apr 2026 16:00:00 Z

Treasury’s proposed FinCEN and OFAC rule would bring permitted payment stablecoin issuers within the Bank Secrecy Act and U.S. sanctions regimes, advancing the GENIUS Act’s new federal framework for stablecoin regulation.

SEC Staff Issues Broker-Dealer Registration Guidance for Certain User Interfaces

Fri, 17 Apr 2026 13:54:00 Z

On April 13, 2026, the staff of the Division of Trading and Markets of the U.S. Securities and Exchange Commission issued a statement clarifying its views on broker-dealer registration requirements with respect to persons that create, offer, or operate a “Covered User Interface” that allows users to initiate self-directed transactions in crypto asset securities.

Want To Get Into CFTC-Regulated Event Contract Markets? Here’s How It Works

Wed, 15 Apr 2026 13:00:00 Z

This client alert provides an overview of the regulatory framework and the primary registration categories under the Commodity Exchange Act (CEA) and Commodity Futures Trading Commission (CFTC or the Commission) regulations for those seeking to be involved in event contracts.

China’s Draft Financial Law and Key Regulatory Insights

Wed, 15 Apr 2026 12:44:00 Z

On March 20, 2026, the Ministry of Justice, together with the People’s Bank of China, the National Financial Regulatory Administration, the China Securities Regulatory Commission and the State Administration of Foreign Exchange, released the Draft Financial Law of the People’s Republic of China (PRC) (Draft) (《中华人民共和国金融法（草案）》) for public comment through April 19, 2026.

FinCEN Issues Proposed Rule Revising the AML Program Requirements for Financial Institutions

Mon, 13 Apr 2026 18:53:00 Z

FinCEN proposed a major overhaul of AML/CFT program requirements under the Bank Secrecy Act, implementing the AML Act of 2020 and shifting the focus to risk based, effectiveness driven compliance.

50 Percent is Not Enough: OFAC's New Guidance on Sham Transactions and Sanctions Evasion

Fri, 10 Apr 2026 16:32:00 Z

On March 31, 2026, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a sanctions advisory titled Guidance on Sham Transactions and Sanctions Evasion (Guidance).

Readily Ascertainable—WilmerHale's Trade Secret Bulletin: January and February 2026

Thu, 09 Apr 2026 00:00:00 Z

For this installment of Readily Ascertainable, we offer a double edition covering trade secret developments from January and February 2026.

PTAB/USPTO Update - April 2026

Tue, 07 Apr 2026 14:00:00 Z

USPTO News On March 16, the USPTO responded to a recent release of U.S. Chamber of Commerce 14th annual International IP Index report, which ranked the United States No. 1 on the index.

Second Circuit Vacates $16.1 Billion Judgment in Long‑Running Litigation Against Argentina: Practical Takeaways for U.S. Sovereign Litigation and Enforcement Strategy

Thu, 02 Apr 2026 15:48:00 Z

The U.S. Court of Appeals for the Second Circuit in Petersen Energía Inversora S.A.U. v. Argentine Republic reversed the U.S. District Court for the Southern District of New York $16.1-billion money judgment arising from a decade-long U.S. litigation over Argentina’s 2012 renationalization of the Argentine oil and gas company, YPF S.A.

Trump Administration Issues Proposed Federal Contract Clause Prohibiting DEI Activities

Mon, 30 Mar 2026 16:48:00 Z

On March 26, 2026, President Trump issued a new executive order: “Addressing DEI Discrimination by Federal Contractors” marking a continuation of the Administration’s comprehensive effort to discourage and punish diversity, equity, and inclusion (“DEI”) programs and practices in U.S. businesses and institutions.

Federal Circuit Patent Watch: Reasonable Royalty Not Necessarily Unreliable When It Uses Royalty Base Associated With Unaccused Products

Mon, 30 Mar 2026 14:30:00 Z

A collection of summaries of and links to recent precedential opinions by the United States Court of Appeals for the Federal Circuit.

China’s 2026 Two Sessions: A New Five-Year Cycle and Emerging Signals on Trade, Technology and Investment

Thu, 26 Mar 2026 12:00:00 Z

In March 2026, China convened its annual Two Sessions, referring to the consecutive meetings of the Chinese People’s Political Consultative Conference (CPPCC), China’s top political advisory body, and the National People’s Congress (NPC), China’s national legislature.

The SEC’s New Framework for Crypto Assets Under Howey

Tue, 24 Mar 2026 03:44:00 Z

On March 17, the Securities and Exchange Commission (SEC or Commission) issued an interpretation on the application of the federal securities laws to crypto assets, with the Commodities Futures Trading Commission (CFTC) providing related guidance on certain aspects of the Interpretation.

It’s a TRAP! California and New York Restrict “Stay-or-Pay” Provisions in Employment Agreements

Mon, 23 Mar 2026 12:27:00 Z

New CA and NY laws join other states in limiting stay‑or‑pay agreements, narrowing when employers can require repayment of training, bonuses or costs.

FRAND Quarterly: Navigating the Global SEP Landscape – March 2026

Mon, 23 Mar 2026 07:00:00 Z

Read the latest edition of WilmerHale’s FRAND Quarterly: The transition into 2026 has seen several notable developments in fair, reasonable and non-discriminatory (FRAND) litigation.

Temporary Pause on New California Reporting Requirements for Venture Capital Funds

Fri, 20 Mar 2026 16:30:00 Z

DFPI has paused enforcement of California’s FIPVCC reporting for VC funds; no April 1, 2026 filings are due, with rulemaking later in 2026.

Protecting Legal Professional Privilege in the Age of AI

Fri, 20 Mar 2026 08:00:00 Z

Artificial intelligence tools are now embedded in investigations and compliance workflows and play an increasing role in document review, witness preparation, legal advice drafting and meeting transcription.

What’s Old Is New Again: Fifth Circuit Lifts Stay, New HSR Form Is Vacated

Thu, 19 Mar 2026 23:49:00 Z

On February 13, 2026, our prior alert reported that a judge in the Eastern District of Texas vacated the Federal Trade Commission’s (FTC) Final Rule promulgating the new Hart-Scott-Rodino (HSR) form, which went into effect last year.

The Trump Administration Strikes Back: USTR Launches Dozens of New Section 301 Investigations to Restore IEEPA Tariffs

Wed, 18 Mar 2026 16:00:00 Z

USTR has initiated two sets of investigations under Section 301 of the Trade Act of 1974 that could result in the imposition of tariffs or other remedies on dozens of countries.

CFTC Seeks Public Input on Prediction Markets Regulation

Tue, 17 Mar 2026 20:58:00 Z

The CFTC issued an advanced notice of proposed rulemaking on prediction markets. Comments are due April 30, 2026.

Enforcement of Foreign Arbitral Awards in the Post-NextEra Era

Mon, 16 Mar 2026 15:54:00 Z

The DC Circuit Court of Appeals’ August 2024 decision in NextEra Energy v. Spain is reshaping the enforcement landscape for arbitral awards in US courts, particularly for awards arising from intra-EU disputes under the Energy Charter Treaty.

Personalized Pricing: What Business Lawyers Need to Know

Fri, 13 Mar 2026 12:00:00 Z

This client alert provides an overview of the legal and regulatory landscape surrounding personalized pricing, highlights key enforcement actions and legislative developments, and outlines compliance considerations for companies and their legal teams.

Federal Circuit Patent Watch: Reasonable Royalty Not Necessarily Unreliable When It Uses Royalty Base Associated With Unaccused Products

Thu, 12 Mar 2026 20:50:00 Z

A collection of summaries of and links to recent precedential opinions by the United States Court of Appeals for the Federal Circuit.

DOJ Announces Department-Wide Corporate Enforcement and Voluntary Self-Disclosure Policy

Thu, 12 Mar 2026 13:00:00 Z

On March 10, 2026, the Department of Justice (Department or DOJ) announced its first-ever Department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP).