Author Info for DLA Piper

Chile, Defined Contribution Plans, Employee Benefits, Employee Contributions, Employer Contributions

Ignacio Abogabir

Chile: Inicio del nuevo sistema mixto de pensiones y seguro social

En el marco de la implementación de la Reforma de Pensiones contenida en la Ley N°21.735, el 1 de agosto se dará inicio a la contribución obligatoria de empleadores al nuevo sistema mixto, incrementando en 1% la cotización… more

Florian Achnitz

Latest Wave of Obligations Under the EU AI Act Take Effect: Key Considerations

The first comprehensive legal framework for artificial intelligence (AI), Regulation (EU) 2024/1689 (the EU AI Act), entered into force last year. Rather than taking immediate effect, the harmonized rules on AI under the Act… more

Artificial Intelligence, Compliance Dates, Enforcement, EU, Machine Learning

Damages, Data Breach, Data Protection, EU, General Data Protection Regulation (GDPR)

Philipp Adelberg

Germany: Update: Judgment on Non-Material Damages for Loss of Control Over Personal Data

In its judgement of November 18, 2024 (case number VI ZR 10/24) the German Federal Court of Justice (Bundesgerichtshof – “BGH”) clarified key legal issues regarding claims for damages under Article 82 GDPR in the event of a mere… more

Appellate Courts, Foreign Official, Foreign Sovereign Immunities Act of 1976 (FSIA), International Litigation, Jurisdiction

Alice Adu Gyamfi

Second Circuit Addresses Interplay Between Foreign Official Immunity and the FSIA

In Samantar v. Yousuf, the US Supreme Court held that foreign officials, when sued in their individual capacity, are subject to immunity under a similar, but different set of rules that govern lawsuits against foreign states… more

Appellate Courts, Business Litigation, Class Action, Class Certification, Class Members

Angela Agrusa

Supreme Court Declines to Decide Key Class Certification Issue

On June 5, 2025, the US Supreme Court dismissed as improvidently granted a closely watched case that could have clarified whether federal courts may certify damages class actions under Rule 23 when the class includes both… more

Guillermo Aguayo

US Tariffs on Mexico and Canada Take Effect, with Some Temporary Exceptions – and are Met with Retaliatory Action

Just after midnight on March 4, 2025, President Donald Trump began to implement new tariffs on goods imported from Mexico, Canada, and China – the three largest trading partners of the US, accounting for over 40 percent of US… more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Enforcement Actions, Executive Orders

Alexa Pauline Ain

New DOJ Initiative Will Use False Claims Act to Investigate DEI Policies

The Department of Justice (DOJ) has announced its plan to employ the False Claims Act as part of the Trump Administration’s efforts to eliminate illegal diversity, equity, and inclusion (DEI) and diversity, equity, inclusion,… more

Melvin Tjon Akon

New EU Anti-Money Laundering Rules: What to Know

The European Union this year finalized significant revisions to its rules countering money laundering and terrorist financing (the AML Package). In addition to strengthening the existing regulatory framework, the AML Package… more

AML/CFT, Anti-Corruption, Anti-Money Laundering, Corruption, EU

Administrative Agencies, Financial Statements, Parent Corporation, Puerto Rico, Request for Proposals

Jan Albino López

Puerto Rico Supreme Court Issues Key RFP Ruling: Top Points for Companies

Prudent entities responding to Requests for Proposals (RFPs) from the Government of Puerto Rico will exercise additional caution when determining how to demonstrate their economic fitness, after the Puerto Rico Supreme Court… more

Cryptocurrency, Digital Assets, Enforcement Actions, Federal Reserve, Financial Services Industry

Sohail Ali

Blockchain and Digital Assets News and Trends – May 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets. While the use cases for blockchain… more

Márk Almásy

NIS2 Directive: The Deadline for the Registration of Entities in Hungary is 30 June 2024

In Hungary, the NIS2 Directive was transposed in May 2023 following the adoption of Act 23 of 2023 on cybersecurity certification and cybersecurity supervision. Under the Hungarian legislation transposing the NIS2 Directive,… more

Cybersecurity, EU, Hungary, Regulatory Requirements

Capital Markets, Chile, Disclosure Requirements, Financial Markets, Financial Services Industry

Camilo Alonso

Chile: Comisión Para el Mercado Financiero Crea el Manual de Sistemas de Información de Fondos

El 28 de febrero de 2025, la Comisión para el Mercado Financiero (CMF) emitió la Norma de Carácter General N°532 (NCG 532), que crea el Manual de Sistemas de Información de Fondos y establece la forma, periodicidad y medio a… more

Business Taxes, Compliance, International Tax Issues, New Legislation, New Regulations

Raneem Alrakhaimi

Saudi Arabia Amends the VAT Implementing Regulations

On 18 April 2025, Saudi Arabia’s Zakat, Tax and Customs Authority (ZATCA) published amendments to the VAT Implementing Regulations. Key changes include stricter VAT group formation criteria, new deemed supplier rules for… more

Thorsten Ammann

Latest Wave of Obligations Under the EU AI Act Take Effect: Key Considerations

The first comprehensive legal framework for artificial intelligence (AI), Regulation (EU) 2024/1689 (the EU AI Act), entered into force last year. Rather than taking immediate effect, the harmonized rules on AI under the Act… more

Artificial Intelligence, Compliance Dates, Enforcement, EU, Machine Learning

California, Climate Change, Corporate Sustainability Reporting Directive (CSRD), Disclosure Requirements, Environmental Social & Governance (ESG)

Era Anagnosti

Horizon - ESG Regulatory News and Trends - July 2025

Welcome to Horizon, DLA Piper’s monthly bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

Algorithms, Artificial Intelligence, EU, European Commission, Innovative Technology

Alexis André

Navigating AI Liability Risks

Our webinar explored liability that can be incurred from the creation use or deployment of AI systems and raised some important questions around the current and future regulatory landscape applicable to AI and liability. We also… more

Roberta Andreani

Chile: Implementación del Plan Nacional de Data Centers (2024-2030)

En el marco de la implementación del Plan Nacional de Data Centers de Chile, se crea el Comité Multi-actor, el que tendrá la tarea de articular a los distintos actores del Estado, sector privado y la sociedad civil para impulsas… more

Chile, Clean Energy, Data Centers, Energy Policy, Environmental Policies

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Terry Ang

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare, Medical Devices, Medicare

Anahita Anvari

OIG Report Recommends Oversight for Remote Patient Monitoring in Medicare

On September 24, 2024, the Office of Inspector General (OIG) at the US Department of Health and Human Services (HHS) issued a report titled, “Additional Oversight of Remote Patient Monitoring in Medicare Is Needed” (the Report)… more

Maria Aouad

European Commission Publishes Guidelines on Obligations for General-purpose AI Models Under the EU AI Act

The European Commission (Commission) adopted its long-anticipated guidelines on the scope of obligations for general-purpose artificial intelligence (GPAI) models under Regulation (EU) 2024/1689 (AI Act) (Guidelines) on July 18,… more

Artificial Intelligence, Compliance, Digital Platforms, Enforcement, EU

Kamaldeen Apatira

Georgia Enacts Sweeping Tort Reform and Litigation Funding Laws

Georgia Governor Brian Kemp has signed Georgia Senate Bills 68 and 69 into law, enacting the most significant overhaul of Georgia’s tort system since 2005. The laws, enacted on April 21, 2025, are consequential for the product… more

Attorney's Fees, Damages, Discovery, Georgia, Litigation Funding

Eduardo Araya

Cobro de Patentes por No Uso de Derechos de Aprovechamiento de Aguas (proceso 2025)

El pasado miércoles 15 de enero de 2025, se publicó en el Diario Oficial la Resolución Exenta N° 4155, emitida por la Dirección General de Aguas con fecha 30 de diciembre de 2024 (la Resolución), que fija el listado de derechos… more

Chile, Environmental Policies, Infrastructure, Natural Resources, Patents

Enforcement Actions, EU, International Tax Issues, Netherlands, Online Platforms

Daan Arends

Dutch Suppliers – Enhanced Checks on VAT Status of Customers Recommended

When the Dutch entrepreneur receives a purchase order from a customer, they order the same product from a non-EU established merchant (Merchant) via an online platform operated by a non-EU entrepreneur (Platform operator). The… more

Francisco Argüello

Chile: Servicio de Impuestos Internos publica instrucciones sobre facultad de tasación y su aplicación a reorganizaciones empresariales

El Servicio de Impuestos Internos (SII) dictó la Circular N°23 que imparte instrucciones sobre el nuevo texto del artículo 64 del Código Tributario. A modo de contexto, el SII tiene una facultad legal para tasar el precio o… more

Chile, Corporate Restructuring, Corporate Taxes, Income Taxes, Mergers

BEA, Business Ownership, Disclosure Requirements, Filing Deadlines, Filing Requirements

Nadia Asancheyev

BE-10 Filing Required for US Companies with Ownership in Non-US Businesses: Due May 30, 2025

The US Department of Commerce’s Bureau of Economic Analysis (BEA) conducts a mandatory BE-10 survey of US investments abroad every five years to produce key economic and statistical reports on the scale and effects of US-owned… more

Commercial Real Estate Market, New Legislation, Real Estate Development, Real Estate Investments, REIT

Allen Ashley

One Big Beautiful Bill Act: Top Points for Real Estate and REITs

President Donald J. Trump signed the legislation commonly known as the “One Big Beautiful Bill” (Tax Act) into law on July 4, 2025. Below are five key takeaways for sponsors and investors in real estate and real estate… more

Algorithms, Artificial Intelligence, Bias, Disparate Impact, Enforcement Actions

Michael Atleson

State Action Targets Use of Biased AI Underwriting Models: Key Points

On July 10, 2025, the Massachusetts Attorney General announced a $2.5 million settlement with Earnest Operations, a student loan company, for allegedly failing to mitigate risks of disparate harms to Black, Hispanic, and… more

Artificial Intelligence, Executive Orders, Export Controls, Federal Funding, Infrastructure

Kylie Au

White House Unveils US AI Action Plan

On July 23, 2025, the White House released “Winning the Race: America’s AI Action Plan” (Action Plan), which describes itself as a strategic roadmap intended to foster US leadership in AI and “articulate policy recommendations… more

Chemicals, Food and Drug Administration (FDA), Food Contamination, Food Labeling, Food Manufacturers

Annie-Claude Authier

Food and Beverage News and Trends - October 2024

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. California: Newsom signs three significant food bills. California Governor Gavin… more

Drug Pricing, Health Insurance, Healthcare Reform, Inflation Reduction Act (IRA), Medicare

Kirsten Axelsen

Keeping Watch on Medicare: Formulary Assessment Shows Large Declines in Access for Certain Rare Disease Treatments

The Inflation Reduction Act (IRA) changed how drugs are covered and reimbursed in Medicare. It is anticipated that this may lead to more restrictive formularies in drug plans… more

Consumer Protection Laws, False Advertising, Litigation Strategies, Manufacturers, Motion to Dismiss

Adam Baas

TOF Testing as a Basis for False Advertising Class Actions Continues to Face Scrutiny

The United States District Court for the Northern District of California dismissed with prejudice a putative class action against The Procter & Gamble Company (P&G) on July 7, 2025, concerning the labeling of its “Tampax Pure… more

Gitanjali Bajaj

Deep Sea Mining Uncovered: Part Three - Navigating the Deep Blue Sea: To Pause or Proceed?

Key takeaways - Having missed the deadline to finalise exploitation regulations by 2023, the International Seabed Authority (ISA) is targeting Part Two of its 30th session being held this month from 7 to 18 July 2025 for the… more

Dispute Resolution, Exploitation, Mineral Exploration, Mining, Moratorium

Administrative Procedure Act, Biden Administration, Climate Change, Disclosure Requirements, Environmental Policies

Joseph Baker

SEC Climate Disclosure Rules: Four Potential Paths Under President Trump

The US Securities and Exchange Commission (SEC) adopted landmark final rules (Climate Disclosure Rules, or Rules) in March 2024 intended to enhance and standardize climate-related disclosures for publicly listed companies. The… more

Acquisitions, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

Neil Balmert

Trending in Transactions - Q2 2025

President Donald Trump’s Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” and subsequent guidance from the Department of Justice (DOJ) and Equal Employment Opportunity Commission… more

Constitutional Challenges, Dormant Commerce Clause, Due Process, Environmental Litigation, Extended Producer Responsibility (EPR)

Kristy Balsanek

Federal Lawsuit Targets Oregon’s Plastic Pollution and Recycling Modernization Act

Oregon’s Plastic Pollution and Recycling Modernization Act (RMA), one of the first extended producer responsibility (EPR) laws implemented in the US, is facing its first challenge in court. The outcome of the suit could have… more

Algorithms, Antitrust Division, Competition, Department of Justice (DOJ), Enforcement Actions

David Bamberger

The Preventing Algorithmic Collusion Act: Strike Two

Senator Amy Klobuchar (D-MN) and eight Senate co-sponsors reintroduced “The Preventing Algorithmic Collusion Act” – formerly Senate Bill 3686 – as Senate Bill 232 (S. 232) on January 23, 2025. S. 232 makes no substantive changes… more

Amedeo Barbato

Italy’s Chamber of Deputies Approves Draft Law on Space Economics: Legal Insight

On 6 March 2025, Italy’s Chamber of Deputies approved a draft law on Space Economics, submitted by the Prime Minister and the Ministro delle Imprese e del Made in Italy, which has now been sent to the Senate for final approval… more

Economic Development, EU, Innovation, International Trade, Italy

Energy Policy, Energy Projects, Energy Reform, Executive Orders, Federal Funding

Daniel Barron

New Executive Orders Mandate Sweeping Changes to US Energy Policy

President Donald Trump recently issued three executive orders and a memorandum focused on the energy sector: Unleashing American Energy (EO 14154), Declaring a National Energy Emergency (EO 14159), Unleashing Alaska's… more

Marcelo Barros

The Battle for CRISPR: Federal Circuit Draws a Crisp Line Between Conception and Reduction to Practice

The dispute over who invented CRISPR-Cas9 (CRISPR), a gene-editing technology awarded the 2020 Nobel Prize in Chemistry, has been one of the most closely watched legal battles in the world of biotechnology. For more than a… more

Biotechnology, CRISPR, Intellectual Property Protection, Inventions, Inventors

Acquisitions, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

William Bartow

Trending in Transactions - Q2 2025

President Donald Trump’s Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” and subsequent guidance from the Department of Justice (DOJ) and Equal Employment Opportunity Commission… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

Joey Baruh

CTA Update: FinCEN Revises Beneficial Ownership Information Reporting Requirements and Extends Deadlines

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule (IFR) significantly revising the beneficial ownership information (BOI) reporting requirements under the Corporate Transparency… more

Court of Justice of the European Union (CJEU), Financial Services Industry, Financing, International Tax Issues, Lease Back Transactions

Miguel Baz

Spain - VAT: VAT Treatment of Sale and Lease-Back Transactions Clarified- Monthly Indirect Tax Alert – January 2025

The Spanish Tax Court clarified that a sale and lease-back transaction carried out between an entity and a bank does not qualify as a supply of goods (here Real Estate) for VAT purposes, but as a financing transaction… more

Anti-Corruption, Corporate Counsel, Corporate Crimes, Corporate Governance, Corruption

Kara Thomas Beck

DOJ’s Revised Policy on Crediting Fines: Emphasis on Victims

Without fanfare, the Department of Justice (DOJ or the Department) has published a memorandum revising its policy on when – and how – it will give credit to companies for fines and other payments made to other agencies,… more

Affordable Housing, California, California Coastal Commission, CEQA Reform, Construction Industry

Sean Becker

Major pro-housing CEQA reform legislation signed into California law

On June 30, 2025, California Governor Gavin Newsom signed into law Assembly Bill 130 (AB 130) and Senate Bill 131 (SB 131), both of which took effect immediately… more

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Daniel Bélanger

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Audits, Centers for Medicare & Medicaid Services (CMS), Government Agencies, Health Care Providers, Medicaid

Brian Benjet

GAO Report Gives MA Organizations and Behavioral Health Providers Food for Thought on Prior Authorization

The US Government Accountability Office (GAO) recently released a report on the Centers for Medicare and Medicaid Services (CMS)’s oversight of prior authorization criteria for behavioral health services (BHS) by Medicare… more

Menad Benseghir

New VAT Guidelines on Company Vehicles for Employees

The French tax authorities have issued new guidelines on the VAT treatment of company cars provided to employees. When a vehicle is provided for a defined consideration, it is considered a taxable service. This includes… more

Automotive Industry, Corporate Taxes, Employee Benefits, EU, France

Raphaël Béra

New VAT Guidelines on Company Vehicles for Employees

The French tax authorities have issued new guidelines on the VAT treatment of company cars provided to employees. When a vehicle is provided for a defined consideration, it is considered a taxable service. This includes… more

Automotive Industry, Corporate Taxes, Employee Benefits, EU, France

Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Department of Justice (DOJ), Employment Discrimination, Employment Litigation

Andrea Bergam

United States Supreme Court Rejects Heightened Standard for “Reverse Discrimination” Claims Under Title VII

On June 5, 2025, the United States Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, vacating and remanding a Sixth Circuit ruling against a heterosexual woman in a Title VII “reverse… more

Appellate Courts, Foreign Official, Foreign Sovereign Immunities Act of 1976 (FSIA), International Litigation, Jurisdiction

James Berger

Second Circuit Addresses Interplay Between Foreign Official Immunity and the FSIA

In Samantar v. Yousuf, the US Supreme Court held that foreign officials, when sued in their individual capacity, are subject to immunity under a similar, but different set of rules that govern lawsuits against foreign states… more

Brent Bernell

Executive Order on Federal Agencies

On February 18, 2025, President Donald J. Trump signed an Executive Order (EO), entitled, “Restoring Democracy and Accountability in Government,” which asserts greater authority over all federal agencies, including those… more

Article II, Constitutional Challenges, Executive Orders, FCC, Federal Reserve

Airlines, Artificial Intelligence, Aviation Industry, Carbon Emissions, Chemicals

Mallory Biblo

Industrials Regulatory News and Trends - November 2024

Welcome to Industrials Regulatory News and Trends. In this regular bulletin, DLA Piper lawyers provide concise updates on key developments in the industrials sector to help you navigate the ever-changing business, legal, and… more

Alan Bickerstaff

Blockchain and Digital Assets News and Trends – July 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets… more

AML/CFT, Blockchain, CFTC, Cryptocurrency, Digital Assets

Centers for Medicare & Medicaid Services (CMS), Medicare, Mental Health, MPFS, Physician Fee Schedule

Sydney Bierhoff

CMS Proposes New Behavioral Health Integration Add-on Codes for APCM Services in CY 2026 MPFS

The Centers for Medicare and Medicaid Services (CMS) issued the calendar year (CY) 2026 Medicare Physician Fee Schedule (MPFS) Proposed Rule (Proposed Rule) on July 14, 2025. The Proposed Rule includes important proposals to… more

Artificial Intelligence, Authorship, Copyright, Copyright Litigation, Copyright Office

Larissa Bifano

Copyrightability of genAI Outputs in the US: Key Developments

Key takeaways from the US Copyright Office’s Copyrightability Report and the DC Circuit’s March 2025 Thaler decision - On January 29, 2025, the US Copyright Office issued Copyright and Artificial Intelligence, Part 2:… more

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Luc Bigel

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Carolyn Bigg

CHINA: Definition and Handling of Sensitive Personal Information Helpfully Clarified

It’s well-known that China’s data protection laws define sensitive personal information very differently to other jurisdictions. Instead of a closed list of data types, sensitive personal information in China has traditionally… more

China, Compliance, Data Privacy, Data Protection, Data Security

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Adeline Le Bihan

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Consumer Protection Laws, False Advertising, Litigation Strategies, Manufacturers, Motion to Dismiss

Allexanderia Bingham

TOF Testing as a Basis for False Advertising Class Actions Continues to Face Scrutiny

The United States District Court for the Northern District of California dismissed with prejudice a putative class action against The Procter & Gamble Company (P&G) on July 7, 2025, concerning the labeling of its “Tampax Pure… more

Sarah Birkett

Australia: Privacy Act Amendments and Cyber Security Act Become Law

On 29 November 2024, the Australian Senate passed the Privacy and Other Legislation Amendment Bill 2024 (Cth) (the Privacy Act Bill). This follows the passage of the Cyber Security Act 2024 (Cth), and other cyber-security… more

Australia, Cybersecurity, Cybersecurity Framework, Data Breach, Data Privacy

Audits, Centers for Medicare & Medicaid Services (CMS), Government Agencies, Health Care Providers, Medicaid

Kathleen Birrane

GAO Report Gives MA Organizations and Behavioral Health Providers Food for Thought on Prior Authorization

The US Government Accountability Office (GAO) recently released a report on the Centers for Medicare and Medicaid Services (CMS)’s oversight of prior authorization criteria for behavioral health services (BHS) by Medicare… more

Appeals, Constitutional Challenges, International Emergency Economic Powers Act (IEEPA), International Trade, Judicial Authority

Andrew Bisbas

Trump Administration Continues Tariff-Driven Trade Policy Despite Legal Challenges

Recent legal challenges to the Trump Administration’s tariff agenda have generated heightened uncertainty within the trade environment, and companies are encouraged to take note. On May 28, 2025, the US Court of International… more

Business Entities, Business Expenses, Consultants, Income Taxes, Judicial Authority

Erik Björkeson

Deductibility of Consultancy Fees Upheld by Supreme Administrative Court

On 26 May 2025, the Swedish Supreme Administrative Court ruled in favour of OneMed Sverige AB regarding the deductibility of consultancy fees and input VAT. OneMed had reimbursed its parent company for consulting services… more

Ryan Black

Games Saw it Coming: Decoding Generative AI Controversy Through the Lens of Play

Artificial intelligence, particularly its generative variant, is rapidly transitioning from a futuristic concept to a present-day disruptor across industries. While it feels like welcome progress when „the algorithm” develops a… more

Algorithms, Artificial Intelligence, Compliance, Copyright, Data Privacy

Artificial Intelligence, Innovative Technology, Legal Technology, Machine Learning, Regulatory Requirements

Barclay Blair

Legal Red Teaming, One Year In: Reports from the Field

Introduction - In our June 2024 white paper, Legal red teaming: A systematic approach to assessing legal risk of generative AI models, we presented legal red teaming, a methodology aimed at helping organizations that develop… more

Intellectual Property Protection, Jurisdiction, Life Sciences, Patent Infringement, Patent Litigation

Tracy Block

Delaware Court of Chancery Patent Ownership Dispute Addresses Jurisdiction for Pharmaceutical Companies

A litigation regarding patent ownership rights is heating up in the Delaware Court of Chancery, a court of equity that is an atypical forum for pharmaceutical company and intellectual property disputes. CyDex Pharmaceuticals,… more

Data Privacy, Data Protection, Data Retention, EU, General Data Protection Regulation (GDPR)

Lucas Blum

Germany: New Government Plans to Centralize Data Protection Supervision and Reduce Regulation for Small and Medium-Sized Companies

On April 9, 2025, the coalition agreement of the future German Federal Government, consisting of the three German parties CDU, CSU and SPD, was published. The document entitled “Responsibility for Germany” contains several… more

Artificial Intelligence, Digital Assets, Environmental Social & Governance (ESG), Financial Institutions, Financial Regulatory Reform

Sam Bodle

Disruption in Global Financial Services: Move Fast on Compliance, but Don’t Break Anything

As they look to the future, financial services organizations are confronted by significant change, uncertainty, and disruption. Increasing deglobalization, macro-economic headwinds, the rise of big data, AI, and other new… more

Kristin Boggiano

Blockchain and Digital Assets News and Trends – July 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets… more

AML/CFT, Blockchain, CFTC, Cryptocurrency, Digital Assets

Brian Boyle

Accentuate the Positive, Don’t Eliminate the Negative: What a New FTC Case Says About Managing Your Customer Reviews

The Federal Trade Commission (FTC) recently announced a new action and proposed settlement with the telemedicine firm NextMed. The action, which may seem familiar to those who followed FTC advertising cases of years past,… more

Advertising, Compliance, Consumer Protection Laws, Endorsements, Fake Reviews

Affordable Housing, California, California Coastal Commission, CEQA Reform, Construction Industry

Andrew Brady

Major pro-housing CEQA reform legislation signed into California law

On June 30, 2025, California Governor Gavin Newsom signed into law Assembly Bill 130 (AB 130) and Senate Bill 131 (SB 131), both of which took effect immediately… more

Abbreviated New Drug Application (ANDA), Federal Trade Commission (FTC), Food and Drug Administration (FDA), Medical Devices, Orange Book

Nancy Braman

Teva Ordered to Delist Inhaler Patents From FDA Orange Book

In Teva Branded Pharm. Prods. R&D v. Amneal Pharms. of N.Y., LLC, the US District Court for the District of New Jersey ordered Teva to delist five patents from the Food and Drug Administration (FDA)’s Approved Drug Products with… more

Financial Services Industry, Internal Revenue Code (IRC), Investment Funds, New Legislation, One Big Beautiful Bill Act

Nicole Brennig

One Big Beautiful Bill Act: Top Points for the Investment Funds Industry

President Donald J. Trump signed the legislation commonly known as the “One Big Beautiful Bill” (Tax Act) into law on July 4, 2025. We explore five key takeaways for fund sponsors, investors, and the broader asset management… more

Austin Brown

Accentuate the Positive, Don’t Eliminate the Negative: What a New FTC Case Says About Managing Your Customer Reviews

The Federal Trade Commission (FTC) recently announced a new action and proposed settlement with the telemedicine firm NextMed. The action, which may seem familiar to those who followed FTC advertising cases of years past,… more

Advertising, Compliance, Consumer Protection Laws, Endorsements, Fake Reviews

Nia Brown

Trending in Transactions - Q1 2025

Recent legislation requires that all new 401(k) plans provide automatic enrollment for all eligible participants. However, plans “established” before 2023 are generally exempt. In the mergers and acquisitions (M&A) context,… more

401k, Acquisitions, Compensation & Benefits, Compliance, Employee Benefits

Board of Directors, Caremark claim, Corporate Governance, Data Privacy, Delaware

Ronald Brown

Settlement Reached in Meta Investors Suit Over Privacy Violations: Key Takeaways

Mark Zuckerberg and other current and former Meta Platforms, Inc. (Meta) executives have reached a settlement with a group of Meta shareholders. The parties reached this settlement at the beginning of the second day of an… more

Nico Brunotte

German Higher Courts Clarify Strict Requirements for Online Contract Cancellations

In two recent decisions, the German Higher Regional Courts (Oberlandesgerichte – OLG) of Cologne and Munich have clarified the – strict – German requirements for cancellation buttons on websites of tech companies providing… more

Cancellation Rights, Consumer Protection Laws, Contract Terms, EU, Germany

Climate Change, Energy Sector, Enforcement Actions, Environmental Justice, Environmental Policies

Patrick Bryan

Horizon - ESG Regulatory News and Trends - April 2025

Trump Administration actions - Trump orders DOJ to stop states from enforcing unconstitutional or preempted climate laws. In a sweeping Executive Order (EO) issued on April 8, President Donald Trump has ordered Attorney General… more

Corporate Misconduct, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities, Financial Crimes

Karl Buch

Long-Awaited DOJ Guidance on White Collar Enforcement Priorities and Policies: Key Takeaways

This guidance follows a number of Executive Orders (EOs) and other memoranda from the DOJ, including (1) the February 10, 2025 EO pausing enforcement of the Foreign Corrupt Practices Act (FCPA) for 180 days, pending the release… more

Karley Buckley

Texas Adopts the Responsible AI Governance Act

On June 22, 2025, Governor Abbott signed HB 149, the “Texas Responsible Artificial Intelligence Governance Act” (the Act or TRAIGA), making Texas the third US state, after Colorado and Utah, to adopt a comprehensive artificial… more

Algorithms, Artificial Intelligence, Bias, Compliance, Discrimination

Asset-Backed Securities, Capital Markets, Financial Markets, Investment Funds, Investment Management

Grant Buerstetta

Beyond the Balance Sheet - The Future of Private Credit and Fund Finance

The inaugural Beyond the Balance Sheet: The Future of Private Credit and Fund Finance Summit brought together industry leaders to explore key trends shaping private credit and fund finance. Hosted by DLA Piper and Opal, the… more

Artificial Intelligence, Contract Drafting, Contract Terms, Data Protection, Innovative Technology

Kit Burden

Exploring the AI Landscape from Policy to Practice

In a recent webinar, Kit Burden, Partner in our Tech and Sourcing team caught up with Gareth Stokes, Global Co-Chair of our Technology Sector and AI Practice, along with Aarushi Jain, Partner in the Technology and Media team at… more

Biomedical Advanced Research and Development Authority (BARDA), Clinical Trials, Department of Health and Human Services (HHS), Executive Orders, Federal Contractors

Richard Burr

HHS Implements Communication Freeze: Top points

Last week, Acting Secretary of the US Department of Health and Human Services (HHS) Dorothy Fink instructed federal health agencies within the HHS to freeze all external communications, including health advisories, weekly… more

Nathan Bush

New Tariffs of the US, the EU and Other Countries – Implications for Transport and Logistics

The global trade landscape is shifting, with tariffs largely being used as strategic instruments in economic and geopolitical competition. In early April 2025, the United States introduced a sweeping new tariff regime,… more

Cryptocurrency, Digital Assets, Enforcement Actions, Federal Reserve, Financial Services Industry

Karen Butler

Blockchain and Digital Assets News and Trends – May 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets. While the use cases for blockchain… more

Agustín Buzeta

Chile: Servicio de Impuestos Internos publica instrucciones sobre facultad de tasación y su aplicación a reorganizaciones empresariales

El Servicio de Impuestos Internos (SII) dictó la Circular N°23 que imparte instrucciones sobre el nuevo texto del artículo 64 del Código Tributario. A modo de contexto, el SII tiene una facultad legal para tasar el precio o… more

Chile, Corporate Restructuring, Corporate Taxes, Income Taxes, Mergers

Ricardo Caiado Lima

From the US to Brazil: Tackling Corruption Risks in M&A

Corporate transactions, especially mergers and acquisitions (M&A), have become pivotal strategies for growth in an increasingly globalized economy. However, with this expansion comes the responsibility of navigating complex… more

Acquisitions, Anti-Corruption, Brazil, Compliance, Corruption

Elizabeth Caires

Blockchain and Digital Assets News and Trends – July 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets… more

AML/CFT, Blockchain, CFTC, Cryptocurrency, Digital Assets

Duncan Calow

Games Saw it Coming: Decoding Generative AI Controversy Through the Lens of Play

Artificial intelligence, particularly its generative variant, is rapidly transitioning from a futuristic concept to a present-day disruptor across industries. While it feels like welcome progress when „the algorithm” develops a… more

Algorithms, Artificial Intelligence, Compliance, Copyright, Data Privacy

Bodily Injury, Constitutional Challenges, Foreign Corporations, Hazardous Substances, Illinois

Christopher Campbell

Out-of-State Companies Face Increased Litigation Risk Under Illinois's Proposed Jurisdictional Law

Illinois is known for large verdicts in toxic tort cases, and the state has become a prime venue for forum shopping by plaintiffs’ attorneys. Illinois Senate Bill 328, if signed into law, will make it easier for plaintiffs to… more

Compliance, Corporate Crimes, Corporate Liability, Criminal Liability, Criminal Prosecution

Harriet Campbell

Corporate Criminal Responsibility Set for Reform in the UK: The Crime and Policing Bill

Corporate criminal responsibility in the UK is poised for further reform as the Crime and Policing Bill 2025 (CPB) advances through Parliament. Currently through the House of Commons, and now in the House of Lords, the proposed… more

Daniel Caprio

Accentuate the Positive, Don’t Eliminate the Negative: What a New FTC Case Says About Managing Your Customer Reviews

The Federal Trade Commission (FTC) recently announced a new action and proposed settlement with the telemedicine firm NextMed. The action, which may seem familiar to those who followed FTC advertising cases of years past,… more

Advertising, Compliance, Consumer Protection Laws, Endorsements, Fake Reviews

Antonio Cardenas Arriola

Juntos - Julho de 2025

Bem-vindo ao Juntos, nosso boletim que explora o desenvolvimento do direito concorrencial nos EUA e na América Latina. Nesta edição, examinamos algumas das principais notícias do segundo trimestre de 2025… more

Acquisitions, Antitrust Provisions, Antitrust Violations, Argentina, Brazil

Disclosure Requirements, Investment Adviser, Investment Advisers Act of 1940, Investment Management, Marketing

Meghan Carey

SEC Clarifies When Gross-Only Performance May Be Permissible

The US Securities and Exchange Commission staff (Staff) has issued revised guidance regarding the application of Rule 206(4)-1 under the Investment Advisers Act of 1940, as amended (Marketing Rule), providing flexibility for… more

Clawbacks, Corp Fin, Corporate Governance, Disclosure Requirements, Executive Compensation

Alex Carlson

Corp Fin Releases New Guidance on Clawback Disclosure Requirements

The staff of the Division of Corporation Finance (Corp Fin) of the Securities and Exchange Commission (SEC) has issued new Compliance and Disclosure Interpretations (C&DIs) relating to the clawback disclosures required in an… more

Algorithms, Artificial Intelligence, Bias, Disparate Impact, Enforcement Actions

Ashley Carr

State Action Targets Use of Biased AI Underwriting Models: Key Points

On July 10, 2025, the Massachusetts Attorney General announced a $2.5 million settlement with Earnest Operations, a student loan company, for allegedly failing to mitigate risks of disparate harms to Black, Hispanic, and… more

Automotive Industry, Class Action, Discovery, Litigation Strategies, Pharmaceutical Industry

Sarah Carrier

Global Trends in Product Liability and Class Action Litigation

Industry and sector developments, risks, and tips to consider in 2025 - Multiple industries are facing common challenges in the product liability and class action space. These may include (1) discovery obligations leading to… more

Climate Change, Energy Sector, Enforcement Actions, Environmental Justice, Environmental Policies

David Carthy

Horizon - ESG Regulatory News and Trends - April 2025

Trump Administration actions - Trump orders DOJ to stop states from enforcing unconstitutional or preempted climate laws. In a sweeping Executive Order (EO) issued on April 8, President Donald Trump has ordered Attorney General… more

Becky Caruso

Antitrust Enforcement in the Digital Age: DOJ Signals New Approach to Big Tech, Algorithms, and Digital Mergers

In a recent address to the International Association of Privacy Professionals, Principal Deputy Assistant Attorney General Roger Alford outlined the Department of Justice (the DOJ or Department)'s evolving strategy for antitrust… more

Algorithms, Antitrust Division, Antitrust Litigation, Big Tech, Competition

Clean Energy, Emerging Growth Companies, Energy Projects, Energy Sector, Energy Tax Incentives

Marc Casale

Navigating Clean Energy Tax Credits in Climate Tech Venture Lending

Changes to the tax code have made it easier to monetize renewable energy tax credits, attracting interest from emerging growth companies looking to bolster their balance sheets amid the slowdown in venture capital funding. These… more

Greg Casas

Antitrust Enforcement in the Digital Age: DOJ Signals New Approach to Big Tech, Algorithms, and Digital Mergers

In a recent address to the International Association of Privacy Professionals, Principal Deputy Assistant Attorney General Roger Alford outlined the Department of Justice (the DOJ or Department)'s evolving strategy for antitrust… more

Algorithms, Antitrust Division, Antitrust Litigation, Big Tech, Competition

Affordable Housing, California, California Coastal Commission, CEQA Reform, Construction Industry

Kyndra Joy Casper

Major pro-housing CEQA reform legislation signed into California law

On June 30, 2025, California Governor Gavin Newsom signed into law Assembly Bill 130 (AB 130) and Senate Bill 131 (SB 131), both of which took effect immediately… more

Todd Castleton

Trending in Transactions - Q1 2025

Recent legislation requires that all new 401(k) plans provide automatic enrollment for all eligible participants. However, plans “established” before 2023 are generally exempt. In the mergers and acquisitions (M&A) context,… more

401k, Acquisitions, Compensation & Benefits, Compliance, Employee Benefits

Criminal Records, Employee Benefits, Employee Rights, Employer Responsibilities, Employment Policies

Alexandria Cates

New Requirements for Washington State Employers

In recent weeks, Washington State Governor Bob Ferguson signed numerous employment-related bills, amending employer obligations and employee rights related to pay transparency, paid leave, use of criminal records, personnel… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

Samantha Chaifetz

CTA Update: FinCEN Revises Beneficial Ownership Information Reporting Requirements and Extends Deadlines

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule (IFR) significantly revising the beneficial ownership information (BOI) reporting requirements under the Corporate Transparency… more

Nicholas Chan

Hong Kong: Updates to the Personal Data (Privacy) Ordinance Put on Hold

At the Legislative Council Panel on Constitutional Affairs held on 19 February 2024, the Privacy Commissioner (“Commissioner“) reported that the Office of the Privacy Commissioner for Personal Data was working with the… more

Data Breach, Data Protection, Hong Kong, Legislative Agendas, Personal Data

Mandy Chan-Lucero

Three State-Level Developments Could Change the US Criminal Antitrust Enforcement Landscape

State attorneys general (AGs) have recently signaled a more aggressive stance toward their own criminal antitrust enforcement. If they realize their ambitions, this could presage a notable shift in the US enforcement environment… more

Antitrust Violations, California, Cartels, Cartwright Act, Colorado

Court of Justice of the European Union (CJEU), Cross-Border Transactions, EU, Member State, Tax Exemptions

Aloïs Charpenet

EU Court Clarifies VAT Exemption for Cross-Border Small Consignments

A freight forwarder filed an application to the Polish tax authorities to obtain confirmation as to whether the importation of small consignment goods between private individuals could be VAT exempt even though the recipient of… more

Edward Chatterton

A Chinese Court Finds That AI-generated Images Are Not Protected by Copyright: The Zhangjiagang People’s Court and the ‘Butterfly Chairs’ Case

We previously wrote about a Chinese court decision that protected the copyright of AI-generated images in the ‘half heart’ case. However, in a recent case, the Zhangjiagang People’s Court (in China’s Jiangsu province) denied… more

Algorithms, Artificial Intelligence, Authorship, China, Copyright

Venus Cheung

CHINA: Mandatory Data Protection Compliance Audits from 1 May 2025

Chinese data regulators are intensifying their focus on the data protection compliance audit obligations under the Personal Information Protection Law (“PIPL“), with the release of the Administrative Measures for Personal… more

China, Compliance, Data Privacy, Data Protection, Incident Response Plans

California, Climate Change, Corporate Sustainability Reporting Directive (CSRD), Disclosure Requirements, Environmental Social & Governance (ESG)

Joshua Cho

Horizon - ESG Regulatory News and Trends - July 2025

Welcome to Horizon, DLA Piper’s monthly bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Drug Pricing, False Claims Act (FCA), Healthcare

Eric Christofferson

Relaunch of DOJ-HHS Working Group Reinforces False Claims Act Enforcement Focus in Healthcare and Life Sciences Industries

The Department of Justice (DOJ) and the Department of Health and Human Services (HHS) jointly announced the relaunch of a Working Group to enhance enforcement of the False Claims Act (FCA) across the healthcare and life sciences… more

Comment Period, Department of Environmental Protection, Environmental Policies, Goods or Services, Manufacturers

Lesley Chuang

Maine DEP Proposes Currently Unavoidable Use Procedures for PFAS in Products Law

Maine’s Department of Environmental Protection (DEP) recently published a proposed rule prescribing procedures and criteria for determining Currently Unavoidable Uses (CUU) of intentionally added per- and polyfluoroalkyl… more

Artificial Intelligence, Biden Administration, Export Controls, Final Rules, Interim Final Rules (IFR)

Chris Clark

Commerce Department Unveils New Rules on Responsible Diffusion of Artificial Intelligence Technology

During its last week before the inauguration, the Biden Administration issued significant and complex new export controls on semiconductors and related technology for artificial intelligence (AI) applications worldwide. These… more

James Clark

EU: EDPB Opinion on AI Provides Important Guidance Though Many Questions Remain

A much-anticipated Opinion from the European Data Protection Board (EDPB) on AI models and data protection has not resulted in the clear or definitive guidance that businesses operating in the EU had hoped for. The Opinion… more

Artificial Intelligence, Data Privacy, Data Protection, Data Security, EU

Energy Projects, Environmental Impact Statements, Environmental Litigation, Infrastructure, Judicial Review

Carolyn Clarkin

Seven County Infrastructure Coalition v. Eagle County: Top Points

Supreme Court aims to provide predictability by narrowing the scope of NEPA review - The Supreme Court’s latest ruling in Seven County Infrastructure Coalition v. Eagle County marks a significant “course correction” in how… more

Data Centers, Energy Sector, Environmental Policies, Infrastructure, Legislative Agendas

Brian Clifford

Recent Legislative and Local Actions Affecting Data Center Development in Virginia

After a number of data center-related bills were filed at the outset of its 2024 session, the Virginia General Assembly directed its Joint Legislative Audit and Review Committee (JLARC) to study the effects of data center… more

Appeals, Climate Change, Disclosure Requirements, Environmental Policies, Environmental Social & Governance (ESG)

Whitney Cloud

SEC Asks Eighth Circuit Court of Appeals to Rule on Climate Rules Litigation

The Securities and Exchange Commission (SEC) has asked the Eighth Circuit Court of Appeals to lift its stay and issue a ruling in Iowa v. SEC, the case challenging the validity of its landmark Climate Disclosure Rules (Rules)… more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Enforcement Priorities

R. Max Collett

Horizon - ESG Regulatory News and Trends - November 2024

Welcome to Horizon, DLA Piper’s monthly bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

Emily Collins

Antitrust Enforcement in the Digital Age: DOJ Signals New Approach to Big Tech, Algorithms, and Digital Mergers

In a recent address to the International Association of Privacy Professionals, Principal Deputy Assistant Attorney General Roger Alford outlined the Department of Justice (the DOJ or Department)'s evolving strategy for antitrust… more

Algorithms, Antitrust Division, Antitrust Litigation, Big Tech, Competition

Anti-Discrimination Policies, Antitrust Provisions, Discriminatory Intent, Foreign Corporations, Goods or Services

Xana Connelly

Puerto Rico Department of Consumer Affairs Reactivates its Office Against Discrimination in Commerce

The Puerto Rico Department of Consumer Affairs (DACO, per its acronym in Spanish) reactivated its Office Against Discrimination in Commerce (OADC) in September 2024 to ensure Puerto Rican consumers receive fair and equal… more

Carbon Emissions, Climate Change, Compliance, Corporate Governance, Corporate Social Responsibility

Bryan Connolly

Horizon - ESG Regulatory News and Trends - September 2024

Welcome to Horizon, DLA Piper’s regular bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

William Conway

Three State-Level Developments Could Change the US Criminal Antitrust Enforcement Landscape

State attorneys general (AGs) have recently signaled a more aggressive stance toward their own criminal antitrust enforcement. If they realize their ambitions, this could presage a notable shift in the US enforcement environment… more

Antitrust Violations, California, Cartels, Cartwright Act, Colorado

Department of Defense (DOD), Department of Energy (DOE), Energy Policy, Energy Projects, Executive Orders

Daniel Cook

US Government Announces Intent to Fund Nuclear Energy Projects

The Trump Administration recently issued four Executive Orders (EOs) focused on nuclear technologies that, collectively, aim to “unleash the domestic nuclear base,” “reestablish the United States as the global leader in nuclear… more

David Cook

UK: Gambling Operator Held Liable for Breaching Data Protection Law

In RTM v Bonne Terre Limited Hestview Limited, the English High Court found the Defendants, operating as Sky Bet (SBG), liable for breaches of data protection law. The claim raises important points of law for all organisations… more

Consent, Cookies, Data Privacy, Data Protection, Gambling

Artificial Intelligence, Automation Systems, Contract Terms, Data Privacy, Ethics

Huw Cookson

For Your AIs Only: Agentic AI Steps Out of the Shadows

Agentic AI can independently act and adapt to changing environments without relying on existing data patterns like GenAI. Agentic AI promises more goal-oriented autonomous systems, ideal for matters involving complex… more

Anonymization, Data Processors, Data Protection, Data Protection Impact Assessments (DPIAs), Data Protection Officers (DPOs)

Giulio Coraggio

ITALY: Personal Data Anonymization and the Risk of the DPO Being an Executor

The Italian Data Protection Authority’s recent decision provided guidance on the true meaning of personal data anonymization and the crucial distinction between the DPO as a monitor – not an executor. In a world driven by AI and… more

California, Department of Justice (DOJ), Endangered Species Act (ESA), Environmental Justice, Environmental Policies

Alberto Julian Corona

Trump Transition: Updates and Impacts on the Environmental and Regulatory Landscapes

The first month of President Donald Trump’s second term has seen a flurry of Executive Orders (EOs) impacting a swath of agencies, departments, and legislation. The environmental sector has been a particular focus of these… more

Tomás Correa

Chile Introduces Procedure for Strategic Company Designation and Strike Restrictions

The Ministry of Labor and Social Welfare in Chile recently published Exempt Resolution No. 541, which created a new procedure for identifying corporations or companies in which the right to strike may not be exercised… more

Chile, Employee Rights, Filing Deadlines, Government Agencies, Labor Reform

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Clayton Cosby

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Juliana Costa

Brazil - VAT: Approval of the Supplementary Law on Tax Reform - Monthly Indirect Tax Alert – January 2025

On 16 January 2025, the President ratified Supplementary Law No. 214/2025, marking a significant step in Brazilian tax reform. This new law outlines the framework for the IBS, the CBS, and IS, while also establishing the IBS… more

Brazil, Corporate Taxes, International Tax Issues, Tax Credits, Tax Exemptions

Kathryn Cote

Texas Adopts the Responsible AI Governance Act

On June 22, 2025, Governor Abbott signed HB 149, the “Texas Responsible Artificial Intelligence Governance Act” (the Act or TRAIGA), making Texas the third US state, after Colorado and Utah, to adopt a comprehensive artificial… more

Algorithms, Artificial Intelligence, Bias, Compliance, Discrimination

Agricultural Sector, Canadian Food Inspection Agency (CFIA), Enforcement Actions, Food and Drug Administration (FDA), Food Safety

Maggie Craig

Food and Beverage News and Trends - August 2025

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape… more

Financial Services Industry, Internal Revenue Code (IRC), Investment Funds, New Legislation, One Big Beautiful Bill Act

Jesse Criz

One Big Beautiful Bill Act: Top Points for the Investment Funds Industry

President Donald J. Trump signed the legislation commonly known as the “One Big Beautiful Bill” (Tax Act) into law on July 4, 2025. We explore five key takeaways for fund sponsors, investors, and the broader asset management… more

Bibiana Cruz

What the One Big Beautiful Bill Act’s Tax Provisions Mean for Businesses Operating in Puerto Rico

President Donald Trump recently signed into law the bill commonly known as the One Big Beautiful Bill Act (OBBBA). On July 4, 2025, the OBBBA made permanent many of the provisions of the Tax Cuts and Jobs Act of 2017 (TCJA) and… more

CFC, Corporate Taxes, Income Taxes, One Big Beautiful Bill Act, Puerto Rico

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

David De Cubber

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Artificial Intelligence, Bots, Clinical Trials, Data Management, Disparate Impact

Sarah Cunningham

FemTech and the use of AI

Due to an exponential growth in the investment in female health and wellbeing, Forbes and Dealroom reported that 2023 saw 1.14 billion USD raised collectively across 120 deals in ‘FemTech’… more

Carbon Emissions, Climate Change, Compliance, Corporate Governance, Corporate Social Responsibility

Andrew Current

Horizon - ESG Regulatory News and Trends - September 2024

Welcome to Horizon, DLA Piper’s regular bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

Data Privacy, Data Security, Department of Justice (DOJ), Enforcement Actions, Executive Orders

Hayley Curry

US: Department of Justice Issues Final Rule Restricting the Transfer of Sensitive Personal Data and United States Government-Related Data to “Countries of Concern”

On April, 8 2025, the Department of Justice’s final rule, implementing the Biden-era Executive Order 14117 restricting the transfer of Americans’ Sensitive Personal Data and United States Government-Related Data to countries of… more

Financial Services Industry, Internal Revenue Code (IRC), Investment Funds, New Legislation, One Big Beautiful Bill Act

John Cusack

One Big Beautiful Bill Act: Top Points for the Investment Funds Industry

President Donald J. Trump signed the legislation commonly known as the “One Big Beautiful Bill” (Tax Act) into law on July 4, 2025. We explore five key takeaways for fund sponsors, investors, and the broader asset management… more

Blockchain, Cryptocurrency, Department of Justice (DOJ), Digital Assets, Enforcement Actions

Pierre d'Ormesson

Blockchain and Digital Assets News and Trends – June 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets. While the use cases for blockchain… more

Commercial Real Estate Market, New Legislation, Real Estate Development, Real Estate Investments, REIT

Gregory Dahlgren

One Big Beautiful Bill Act: Top Points for Real Estate and REITs

President Donald J. Trump signed the legislation commonly known as the “One Big Beautiful Bill” (Tax Act) into law on July 4, 2025. Below are five key takeaways for sponsors and investors in real estate and real estate… more

Carbon Emissions, Climate Change, Compliance, Corporate Governance, Corporate Social Responsibility

Katherine Jahnke Dale

Horizon - ESG Regulatory News and Trends - September 2024

Welcome to Horizon, DLA Piper’s regular bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

Thomas Daley

Industrials Regulatory News and Trends - July 2025

Welcome to Industrials Regulatory News and Trends. In this regular bulletin, DLA Piper lawyers provide concise updates on key developments in the industrials sector to help you navigate the ever-changing business, legal, and… more

Airlines, Automotive Industry, Electric Vehicles, Government Agencies, India

Board of Directors, Caremark claim, Corporate Governance, Data Privacy, Delaware

Matt Danaher

Settlement Reached in Meta Investors Suit Over Privacy Violations: Key Takeaways

Mark Zuckerberg and other current and former Meta Platforms, Inc. (Meta) executives have reached a settlement with a group of Meta shareholders. The parties reached this settlement at the beginning of the second day of an… more

Coran Darling

Latest Wave of Obligations Under the EU AI Act Take Effect: Key Considerations

The first comprehensive legal framework for artificial intelligence (AI), Regulation (EU) 2024/1689 (the EU AI Act), entered into force last year. Rather than taking immediate effect, the harmonized rules on AI under the Act… more

Artificial Intelligence, Compliance Dates, Enforcement, EU, Machine Learning

Jeanne Dauzier

Latest Wave of Obligations Under the EU AI Act Take Effect: Key Considerations

The first comprehensive legal framework for artificial intelligence (AI), Regulation (EU) 2024/1689 (the EU AI Act), entered into force last year. Rather than taking immediate effect, the harmonized rules on AI under the Act… more

Artificial Intelligence, Compliance Dates, Enforcement, EU, Machine Learning

Jamie Davidson

Ninth Circuit Issues First Published Opinion Addressing Mass Arbitration

The US Court of Appeals for the Ninth Circuit issued its first published opinion addressing mass arbitration on February 28, 2025, following the court’s decision in Heckman v. Live Nation Entertainment, et al., 120 F.4th 670… more

Appeals, Arbitration, Arbitration Agreements, Business Litigation, Class Action

Kurt Davies

The Chips Are Down – A Look Into Semiconductors and the Automotive Industry

Industries around the world have been hugely affected by global events over the past several years. Wars, famine and water shortages, political unrest and pandemics have all contributed to persistent supply constraints for some… more

Automotive Industry, Electric Vehicles, Electronics, Hardware, Manufacturers

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Enforcement Actions, Executive Orders

Carlton Davis

New DOJ Initiative Will Use False Claims Act to Investigate DEI Policies

The Department of Justice (DOJ) has announced its plan to employ the False Claims Act as part of the Trump Administration’s efforts to eliminate illegal diversity, equity, and inclusion (DEI) and diversity, equity, inclusion,… more

California, Climate Change, Corporate Sustainability Reporting Directive (CSRD), Disclosure Requirements, Environmental Social & Governance (ESG)

Christine Daya

Horizon - ESG Regulatory News and Trends - July 2025

Welcome to Horizon, DLA Piper’s monthly bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

Sonia de Kondserovsky

Industrials Regulatory News and Trends - April 2025 #2

Welcome to Industrials Regulatory News and Trends. In this regular bulletin, DLA Piper lawyers provide concise updates on key developments in the industrials sector to help you navigate the ever-changing business, legal, and… more

Automotive Industry, California, Clean Air Act, Clean Energy, Energy Projects

Anti-Corruption, Chile, Financial Institutions, FinTech, Politically Exposed Person (PEPs)

Cristóbal De la Maza

Chile: Unidad de Análisis Financiero publica Compilado de Normas para instituciones reguladas

Por primera vez desde su promulgación en 2018, la Ley 27.401 de Argentina (Ley de Responsabilidad Penal Empresaria) ha sido aplicada en un caso que involucra a una sucursal local de una empresa de seguridad de capital… more

Cyber Incident Reporting, Cybersecurity, Digital Service Providers, EU, New Legislation

Nicholas De Lacy-Brown

Will UK Cyber Reforms Keep Step with NIS2?

Since its announcement during the King’s Speech on 17 July 2024, there has been much anticipation over the contents of the Cyber Security and Resilience Bill (“CS&R Bill“) and in particular the extent to which it will bring the… more

Consumer Data Requests, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Data Management, Dodd-Frank

Kieran de Terra

US: CFPB Finalizes Open Banking Rule Under Section 1033: Key Takeaways for Accessing Consumer Financial Data

Overview - On October 22, 2024, the Consumer Financial Protection Bureau (CFPB) finalized its long-anticipated “Personal Financial Data Rights” rule (and Executive Summary) – more commonly known as the “Open Banking” rule –… more

EU, European Commission, Foreign Direct Investment, Foreign Investment, Investment

Sander De Volder

Revised EU FDI Screening Regulation’s Direction of Motion Following the European Parliament’s Review

The EU Foreign Direct Investment (FDI) Screening Regulation (Regulation) entered into force in October 2020. It aims to create a cooperation mechanism which enables EU member states and the European Commission (EC) to exchange… more

Anti-Retaliation Provisions, Data Protection, EU, General Data Protection Regulation (GDPR), Poland

Magdalena Dec

Whistleblowing in Poland: Practical Guidelines for Companies Operating in the Polish Market

The implementation of whistleblowing procedures is not only a response to the European Parliament and Council Directive (EU) 2019/1937, but also an important part of building a culture of transparency and ethics within an… more

Jordan Deering

A Look at Canada’s Ongoing Efforts to Combat Bribery and Corruption

In October 2023, the Working Group on Bribery in International Business Transactions for the Organization for Economic Co-operation and Development (OECD) released and adopted a report evaluating Canada’s enforcement of the OECD… more

Anti-Corruption, Anti-Money Laundering, Bribery, Canada, Corporate Counsel

Jeff DeGroot

Google Unable to Avoid Mass Opt-Out in Privacy Class Action

Plaintiffs’ attorneys are continuing to aggressively pursue mass arbitrations in privacy litigation. The latest challenge came when Judge Beth Labson Freeman in the Northern District of California ruled last month that… more

Arbitration, California, Class Action, Class Members, Consumer Privacy Rights

Sam Deka

The Battle for CRISPR: Federal Circuit Draws a Crisp Line Between Conception and Reduction to Practice

The dispute over who invented CRISPR-Cas9 (CRISPR), a gene-editing technology awarded the 2020 Nobel Prize in Chemistry, has been one of the most closely watched legal battles in the world of biotechnology. For more than a… more

Biotechnology, CRISPR, Intellectual Property Protection, Inventions, Inventors

Bureau of Industry and Security (BIS), Compliance Management Systems, Compliance Monitoring, Department of Justice (DOJ), Enforcement Actions

Maria Alejandra del-Cerro

Cadence Case Signals DOJ and BIS Priorities in Export Control Compliance

Cadence Design Systems Inc. (Cadence) simultaneously resolved criminal charges brought by the Department of Justice’s (DOJ) National Security Division (NSD) and the United States Attorney for the Northern District of California,… more

Naftali Dembitzer

State and Local Tax Implications of Tariff Escalations by the Trump Administration

The Trump Administration’s prior announcement of a 10-percent universal tariff and 125-percent tariff on Chinese goods created a widespread impact on both businesses and consumers. In addition to the economic impact of the… more

Acquisitions, Merger Agreements, Mergers, Property Tax, Risk Management

Rajeev Dewan

Opportunities for IPOs in India’s Capital Markets

India’s capital markets have experienced a significant surge in initial public offering (IPO) activity in 2024, positioning the country as a global leader in public offerings. With 327 IPOs raising approximately USD19.9 billion… more

Acquisitions, Capital Markets, FinTech, Foreign Investment, India

Anna Dias

Mitigating the Impact of Tariff Disputes

Multinational manufacturers are encouraged to consider how to adapt their supply chains to a complex landscape. While US tariffs on Canada and Mexico were postponed by a month, a ten-percent universal tariff on all Chinese… more

Canada, China, EU, Imports, International Trade

Bureau of Industry and Security (BIS), Compliance Management Systems, Compliance Monitoring, Department of Justice (DOJ), Enforcement Actions

Lindsey Dieselman

Cadence Case Signals DOJ and BIS Priorities in Export Control Compliance

Cadence Design Systems Inc. (Cadence) simultaneously resolved criminal charges brought by the Department of Justice’s (DOJ) National Security Division (NSD) and the United States Attorney for the Northern District of California,… more

Mariah DiGrino

Chicago establishes Tenant Opportunity to Purchase program on northwest side

The Chicago City Council recently established a Tenant Opportunity to Purchase program for rental buildings on the city’s northwest side. Billed by the city as an anti-gentrification measure, the program gives tenants a right of… more

City of Chicago, Housing Market, Land Purchases, Landlords, Property Owners

Dino Dima

Italy’s Chamber of Deputies Approves Draft Law on Space Economics: Legal Insight

On 6 March 2025, Italy’s Chamber of Deputies approved a draft law on Space Economics, submitted by the Prime Minister and the Ministro delle Imprese e del Made in Italy, which has now been sent to the Senate for final approval… more

Economic Development, EU, Innovation, International Trade, Italy

Antitrust Litigation, Antitrust Provisions, Biden Administration, Department of Justice (DOJ), Enforcement

Vic Domen

DOJ and FTC Leadership Discuss New Perspectives on Merger Enforcement

In speeches delivered only a day apart during the first week of June, Bill Rinner, the new Deputy Assistant Attorney General in charge of merger enforcement at the Department of Justice (DOJ), and Commissioner Melissa Holyoak of… more

Bernardita Doren

Chile: Resumen de las Circulares División de Desarrollo Urbano Emitidas por el Ministerio de Vivienda y Urbanismo Durante Febrero y Marzo 2025

Todos los meses, el Ministerio de Vivienda y Urbanismo emite Circulares de la División de Desarrollo Urbano (DDU). A continuación, presentamos un resumen de los aspectos principales de las DDU de los meses de febrero y marzo… more

Building Permits, Chile, Energy Projects, Energy Storage, Infrastructure

Adam Dubin

Blockchain and Digital Assets News and Trends – July 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets… more

AML/CFT, Blockchain, CFTC, Cryptocurrency, Digital Assets

Consumer Data Requests, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Data Management, Dodd-Frank

James Duchesne

US: CFPB Finalizes Open Banking Rule Under Section 1033: Key Takeaways for Accessing Consumer Financial Data

Overview - On October 22, 2024, the Consumer Financial Protection Bureau (CFPB) finalized its long-anticipated “Personal Financial Data Rights” rule (and Executive Summary) – more commonly known as the “Open Banking” rule –… more

Disclosure Requirements, Event Tickets, Federal Trade Commission (FTC), Fees, Final Rules

Shannon Dudic

FTC Passes Rule Prohibiting “Junk Fees” for Live-Event Tickets and Short-Term Lodging

On December 17, 2024, the Federal Trade Commission (FTC) announced a new rule requiring “timely, transparent, and truthful” upfront disclosures of pricing information to consumers of: Live-event tickets, which is not defined in… more

Santipap Dumprapai

Eight Considerations for Businesses Facing Corruption Checks by Thai Regulators

In response to the significant worldwide issue of corruption, Thailand has implemented a comprehensive legal framework designed to promote transparency and accountability across both the public and private sectors… more

Anti-Corruption, Bribery, Compliance, Corporate Governance, Investigations

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Over-Time

Julie Dunne

Texas Federal Court Sets Aside DOL Overtime Rule

The US District Court for the Eastern District of Texas struck down the US Department of Labor (DOL)’s final rule raising the minimum salary level for the executive, administrative, and professional (EAP) and the highly… more

Sarah Dunne

Ireland: NIS2 Revamps Ireland’s Cybersecurity Landscape: Old Regulators, New Powers

The NIS2 Directive has significantly reshaped the cybersecurity landscape across the EU. Since the implementation deadline in October 2024, EU Member States have been working to incorporate new standards into their national… more

Cybersecurity, EU, Ireland, New Guidance, New Legislation

Artificial Intelligence, Authorship, Copyright, Copyright Litigation, Copyright Office

Gina Durham

Copyrightability of genAI Outputs in the US: Key Developments

Key takeaways from the US Copyright Office’s Copyrightability Report and the DC Circuit’s March 2025 Thaler decision - On January 29, 2025, the US Copyright Office issued Copyright and Artificial Intelligence, Part 2:… more

Tamar Duvdevani

Mark It: 6 Big Trademark, Copyright, and Advertising Trends We are Watching for 2025

An increasingly competitive and fractured marketplace and a rapidly evolving legal landscape mean that protecting your intangible assets, enforcing your rights, and mitigating intellectual property risks are more challenging… more

Advertising, Artificial Intelligence, Copyright, DMCA, Goods or Services

Roxanne Eastes

The Long Way Around Purdue: Delaware and New York Courts Rule Nonconsensual Third-Party Releases Permissible Under Chapter 15

The US Bankruptcy Courts for the District of Delaware and the Southern District of New York recently issued decisions that (1) highlight the difference between relief available under chapter 11 and chapter 15 and (2) provide… more

Bankruptcy Code, Bankruptcy Court, Chapter 15, Comity, International Litigation

Joaquín Eppens Echagüe

Argentine government is moving forward with investor search for its hydroelectric power plants

On August 12, 2024, the Argentine federal government published Executive Decree 718/2024, establishing the structure for the private sector’s continued operation of hydroelectric plants in the Comahue area (Neuquén and Rio Negro… more

Argentina, Energy Policy, Energy Projects, Hydropower, Investment Opportunities

Bureau of Industry and Security (BIS), Compliance Management Systems, Compliance Monitoring, Department of Justice (DOJ), Enforcement Actions

Nathaniel Edmonds

Cadence Case Signals DOJ and BIS Priorities in Export Control Compliance

Cadence Design Systems Inc. (Cadence) simultaneously resolved criminal charges brought by the Department of Justice’s (DOJ) National Security Division (NSD) and the United States Attorney for the Northern District of California,… more

Rachel Ehrlich Albanese

Blockchain and Digital Assets News and Trends – July 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets… more

AML/CFT, Blockchain, CFTC, Cryptocurrency, Digital Assets

Zev Eigen

Landmark AI Framework Sets New Standard for Tackling Algorithmic Bias

The Institute of Electrical and Electronics Engineers (IEEE) recently released IEEE 7003-2024, “Standard for Algorithmic Bias Considerations,” a landmark framework designed to assist organizations in addressing bias in… more

Algorithms, Artificial Intelligence, Bias, Corporate Counsel, Data Privacy

Artificial Intelligence, Innovative Technology, Legislative Agendas, Machine Learning, New Zealand

Edward Eisdell-Moore

From Innovation to Implementation: Regulating AI in Aotearoa New Zealand

It’s fair to say that Aotearoa New Zealand’s approach to regulation (and empowerment) of the rapid adoption of AI-enabled solutions has been conspicuous in its absence to date. New Zealand’s Privacy Commissioner is the only… more

Antitrust Litigation, Antitrust Provisions, Biden Administration, Department of Justice (DOJ), Enforcement

Andy Eklund

DOJ and FTC Leadership Discuss New Perspectives on Merger Enforcement

In speeches delivered only a day apart during the first week of June, Bill Rinner, the new Deputy Assistant Attorney General in charge of merger enforcement at the Department of Justice (DOJ), and Commissioner Melissa Holyoak of… more

Affirmative Action, Department of Labor (DOL), Deregulation, Diversity and Inclusion Standards (D&I), Employees

Lolan Ekow Sagoe-Moses

OFCCP director urges federal contractors to voluntarily report on affirmative action program wind-downs

On June 27, 2025, Director of the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) Catherine Eschbach issued a letter to federal contractors asking them to volunteer information on their efforts to… more

Nicole Endejann

Purdue Appeals Federal Circuit Obviousness Decision to the Supreme Court

Purdue Pharma (Purdue) has filed a petition for a writ of certiorari challenging a recent Federal Circuit decision upholding the invalidation of several Purdue patents on grounds of obviousness… more

Appeals, Generic Drugs, Obviousness, Patent Applications, Patent Invalidity

Compliance, Environmental Policies, Filing Deadlines, Germany, Government Agencies

Björn Enders

Single-Use Plastics Fund Act: Original Reporting Deadline Passed – Act Now for Extended Date

Germany’s Single-Use Plastics Fund Act (EWKFondsG) requires manufacturers to report 2024 data on single-use plastic products. The original 15 May 2025, deadline has passed, but the Federal Environment Agency (UBA) has extended… more

Christoph Engelmann

EU Space Act: First Glance at the 2025 Draft

On 25 June 2025, the European Commission has proposed the draft of the EU Space Act. This proposed new law is intended to provide a harmonised regulatory framework at European level from 2030 to ensure safety, resilience, and… more

Cybersecurity, Environmental Policies, EU, Government Agencies, Infrastructure

Kayla Epstein

Understanding the Impact of MOICs on MFN Provisions in Private Credit Transactions

The Most Favored Nation (MFN) provision in a loan agreement is a lender protection mechanism that is typically seen in credit facilities permitting an uncommitted incremental facility. The MFN provision, a term originating from… more

Borrowers, Contract Terms, Debt, Fees, Financial Services Industry

Anti-Corruption, Bribery, Cross-Border, Enforcement Actions, Foreign Corrupt Practices Act (FCPA)

Aurelie Ercoli

New FCPA Guidelines: Implications for US–French Cross-border Investigations

Recent guidance on US enforcement of the Foreign Corrupt Practices Act (FCPA) has significantly altered the landscape for cross-border investigations. Following President Donald Trump’s February 10, 2025 Executive Order pausing… more

Business Entities, Business Expenses, Consultants, Income Taxes, Judicial Authority

Oliver Eriksson

Deductibility of Consultancy Fees Upheld by Supreme Administrative Court

On 26 May 2025, the Swedish Supreme Administrative Court ruled in favour of OneMed Sverige AB regarding the deductibility of consultancy fees and input VAT. OneMed had reimbursed its parent company for consulting services… more

Ignacio Escondrillas

European Commission Publishes Guidelines on Obligations for General-purpose AI Models Under the EU AI Act

The European Commission (Commission) adopted its long-anticipated guidelines on the scope of obligations for general-purpose artificial intelligence (GPAI) models under Regulation (EU) 2024/1689 (AI Act) (Guidelines) on July 18,… more

Artificial Intelligence, Compliance, Digital Platforms, Enforcement, EU

Cryptocurrency, Digital Assets, E-Signatures, Electronic Payment Transactions, Executive Orders

Michael Essiaw

Digital Transformation: eSignature and ePayment News and Trends - March/April 2025

Today’s ever-shifting business environment means that consumers, businesses, employers, and employees all expect to transact digitally. To remain efficient and competitive, companies must digitally transform their businesses… more

Affirmative Action, Department of Labor (DOL), Deregulation, Diversity and Inclusion Standards (D&I), Employees

Ryan Estes

OFCCP director urges federal contractors to voluntarily report on affirmative action program wind-downs

On June 27, 2025, Director of the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) Catherine Eschbach issued a letter to federal contractors asking them to volunteer information on their efforts to… more

Shant Eulmessekian

US Bankruptcy Court Establishes Guidelines for “New Value” Plans of Reorganization in Competing Plan Scenarios

Introduction - On October 25, 2024, Judge John P. Mastando III of the US Bankruptcy Court for the Southern District of New York issued a ruling in Eletson Holdings Inc., Case No. 23-10322, pursuant to which he (a) denied… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

David Evans

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Artificial Intelligence, Automation Systems, Bias, Employee Rights, Employee Training

Jonathan Exten-Wright

Part 3: No Time to Hire: Will Agentic AI Transform the Workplace?

The advent of agentic AI is widely predicted to have a significant impact on the workforce, with it automating tasks currently performed by humans once believed to be beyond automation. This will lead to humans working alongside… more

Constitutional Challenges, FCC, Government Agencies, Judicial Authority, Non-Delegation Doctrine

Ben Fabens-Lassen

Supreme Court Upholds FCC’s Universal Service Fund Authority

On June 27, 2025, the United States Supreme Court decided FCC v. Consumers’ Research, Nos. 24-354 & 24-422, upholding the constitutionality of the federal “universal service” statute, which establishes a Universal Service Fund… more

Florencia Fabio

How Argentina Reached a Turning Point for Corporate Accountability and Compliance in 2024

In 2024, Argentina experienced a pivotal moment in corporate law enforcement with the first significant application of its Corporate Criminal Liability Law No. 27,401, enacted in 2018. This law holds private entities accountable… more

Anti-Corruption, Argentina, Bribery, Corporate Crimes, Corporate Governance

Clean Energy, Emerging Growth Companies, Energy Projects, Energy Sector, Energy Tax Incentives

Raul Farias

Navigating Clean Energy Tax Credits in Climate Tech Venture Lending

Changes to the tax code have made it easier to monetize renewable energy tax credits, attracting interest from emerging growth companies looking to bolster their balance sheets amid the slowdown in venture capital funding. These… more

Actors, Advertising, Artificial Intelligence, Contract Terms, Employment Contract

Emily Faro

2025 SAG-AFTRA Commercials Contracts MOAs Transform in the Digital Age

On April 11, 2025, The Joint Policy Committee, LLC (JPC), led by DLA Piper Partner and Chief Negotiator Stacy Marcus, and the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) reached an… more

California, Financial Transactions, Governor Newsom, Governor Vetoes, Health Care Providers

Sal Favuzza

California Governor Vetoes Further Legislative Efforts to Restrict Healthcare Investments and Management Relationships

On September 28, 2024, California Governor Gavin Newsom vetoed AB 3129, which would have required qualifying private equity groups, hedge funds, and any associated portfolio companies to notify and obtain written consent from… more

Dean Fealk

What's New in 2025 for Global Equity Plans

As we settle into 2025, companies granting equity compensation awards to their employees around the world are encouraged to monitor developments that affect compliance and administration across different jurisdictions. Below,… more

China, Employee Benefits, Employees, Equity Compensation, Germany

Benjamin Fellows

UK: Gambling Operator Held Liable for Breaching Data Protection Law

In RTM v Bonne Terre Limited Hestview Limited, the English High Court found the Defendants, operating as Sky Bet (SBG), liable for breaches of data protection law. The claim raises important points of law for all organisations… more

Consent, Cookies, Data Privacy, Data Protection, Gambling

Corporate Taxes, Denmark, Filing Requirements, Government Agencies, New Guidance

Mario Fernandez

Danish Tax Agency Issues New Guidelines on VAT Refunds for Incorrectly Invoiced Output VAT

On 21 May 2025, the Danish Tax Agency published new guidelines introducing revised administrative practice on the procedure for obtaining VAT refunds in cases involving incorrectly invoiced output VAT. Previously, a refund of… more

Artificial Intelligence, Authorship, Copyright, Copyright Litigation, Copyright Office

Rachel Fertig

Copyrightability of genAI Outputs in the US: Key Developments

Key takeaways from the US Copyright Office’s Copyrightability Report and the DC Circuit’s March 2025 Thaler decision - On January 29, 2025, the US Copyright Office issued Copyright and Artificial Intelligence, Part 2:… more

Administrative Agencies, Financial Statements, Parent Corporation, Puerto Rico, Request for Proposals

Miriam Figueroa

Puerto Rico Supreme Court Issues Key RFP Ruling: Top Points for Companies

Prudent entities responding to Requests for Proposals (RFPs) from the Government of Puerto Rico will exercise additional caution when determining how to demonstrate their economic fitness, after the Puerto Rico Supreme Court… more

Edwin Figueroa Alvarez

What the One Big Beautiful Bill Act’s Tax Provisions Mean for Businesses Operating in Puerto Rico

President Donald Trump recently signed into law the bill commonly known as the One Big Beautiful Bill Act (OBBBA). On July 4, 2025, the OBBBA made permanent many of the provisions of the Tax Cuts and Jobs Act of 2017 (TCJA) and… more

CFC, Corporate Taxes, Income Taxes, One Big Beautiful Bill Act, Puerto Rico

Carbon Emissions, Climate Change, Compliance, Corporate Governance, Corporate Social Responsibility

Megan Filmer

Horizon - ESG Regulatory News and Trends - September 2024

Welcome to Horizon, DLA Piper’s regular bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

Artificial Intelligence, Executive Orders, Export Controls, Federal Funding, Infrastructure

Michael Fleischman

White House Unveils US AI Action Plan

On July 23, 2025, the White House released “Winning the Race: America’s AI Action Plan” (Action Plan), which describes itself as a strategic roadmap intended to foster US leadership in AI and “articulate policy recommendations… more

Anti-Corruption, Bribery, Cross-Border, Enforcement Actions, Foreign Corrupt Practices Act (FCPA)

Ariane Fleuriot

New FCPA Guidelines: Implications for US–French Cross-border Investigations

Recent guidance on US enforcement of the Foreign Corrupt Practices Act (FCPA) has significantly altered the landscape for cross-border investigations. Following President Donald Trump’s February 10, 2025 Executive Order pausing… more

Jorge Flores Batres

US Tariffs on Mexico and Canada Take Effect, with Some Temporary Exceptions – and are Met with Retaliatory Action

Just after midnight on March 4, 2025, President Donald Trump began to implement new tariffs on goods imported from Mexico, Canada, and China – the three largest trading partners of the US, accounting for over 40 percent of US… more

Michael Fluhr

Blockchain and Digital Assets News and Trends – July 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets… more

AML/CFT, Blockchain, CFTC, Cryptocurrency, Digital Assets

Agricultural Sector, Canadian Food Inspection Agency (CFIA), Enforcement Actions, Food and Drug Administration (FDA), Food Safety

Stefanie Fogel

Food and Beverage News and Trends - August 2025

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape… more

Jenna Fontenot

The Commission’s Analysis of Recent Developments in the FPI Population

As discussed in our prior blog posts, on June 4, 2025, the US Securities and Exchange Commission (Commission) published a concept release (Release) soliciting comments on whether to revise the definition of “foreign private… more

Capital Markets, Cayman Islands, China, Foreign Private Issuers, Investors

Bureau of Industry and Security (BIS), Compliance Management Systems, Compliance Monitoring, Department of Justice (DOJ), Enforcement Actions

Christian Ford

Cadence Case Signals DOJ and BIS Priorities in Export Control Compliance

Cadence Design Systems Inc. (Cadence) simultaneously resolved criminal charges brought by the Department of Justice’s (DOJ) National Security Division (NSD) and the United States Attorney for the Northern District of California,… more

Compliance, Corporate Crimes, Corporate Liability, Criminal Liability, Criminal Prosecution

Laura Ford

Corporate Criminal Responsibility Set for Reform in the UK: The Crime and Policing Bill

Corporate criminal responsibility in the UK is poised for further reform as the Crime and Policing Bill 2025 (CPB) advances through Parliament. Currently through the House of Commons, and now in the House of Lords, the proposed… more

Blockchain, Cryptocurrency, Department of Justice (DOJ), Digital Assets, Enforcement Actions

Eric Forni

Blockchain and Digital Assets News and Trends – June 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets. While the use cases for blockchain… more

Chloe Forster

For Your AIs Only: Agentic AI Steps Out of the Shadows, Part 2

Agentic AI and its ability to perform tasks autonomously on behalf of users, without the regular prompting associated with more traditional AI models, is the new frontier of AI. Many organisations are betting big on the… more

Artificial Intelligence, Automation Systems, Contract Terms, EU, Liability

Calafia Franco Jaramillo

US Tariffs on Mexico and Canada Take Effect, with Some Temporary Exceptions – and are Met with Retaliatory Action

Just after midnight on March 4, 2025, President Donald Trump began to implement new tariffs on goods imported from Mexico, Canada, and China – the three largest trading partners of the US, accounting for over 40 percent of US… more

Acquisitions, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

Julie Franki

Trending in Transactions - Q2 2025

President Donald Trump’s Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” and subsequent guidance from the Department of Justice (DOJ) and Equal Employment Opportunity Commission… more

Anti-Money Laundering, Chile, Financial Crimes, Financial Institutions, Government Agencies

Francisca Franzani

Chile: Key Changes to Constitutional Bank Secrecy Protections

Since 2023, the Chilean Congress has been discussing a bill that creates the Economic Intelligence Subsystem, which would include the Financial Analysis Unit (UAF), the Internal Revenue Service (SII), and the National Customs… more

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Virginie Frémat

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Anti-Corruption, Corporate Counsel, Corporate Crimes, Corporate Governance, Corruption

Naana Frimpong

DOJ’s Revised Policy on Crediting Fines: Emphasis on Victims

Without fanfare, the Department of Justice (DOJ or the Department) has published a memorandum revising its policy on when – and how – it will give credit to companies for fines and other payments made to other agencies,… more

Sean Fulton

Texas Adopts the Responsible AI Governance Act

On June 22, 2025, Governor Abbott signed HB 149, the “Texas Responsible Artificial Intelligence Governance Act” (the Act or TRAIGA), making Texas the third US state, after Colorado and Utah, to adopt a comprehensive artificial… more

Algorithms, Artificial Intelligence, Bias, Compliance, Discrimination

Anti-Corruption, Bribery, Cross-Border, Enforcement Actions, Foreign Corrupt Practices Act (FCPA)

Fabien Ganivet

New FCPA Guidelines: Implications for US–French Cross-border Investigations

Recent guidance on US enforcement of the Foreign Corrupt Practices Act (FCPA) has significantly altered the landscape for cross-border investigations. Following President Donald Trump’s February 10, 2025 Executive Order pausing… more

Appeals, Constitutional Challenges, International Emergency Economic Powers Act (IEEPA), International Trade, Judicial Authority

Melanie Garcia

Trump Administration Continues Tariff-Driven Trade Policy Despite Legal Challenges

Recent legal challenges to the Trump Administration’s tariff agenda have generated heightened uncertainty within the trade environment, and companies are encouraged to take note. On May 28, 2025, the US Court of International… more

Chemicals, Department of Health and Human Services (HHS), Environmental Policies, Food and Drug Administration (FDA), Food Safety

Mary Elizabeth Gately

Make Our Children Healthy Again Assessment: Unpacking the Report

The Trump Administration released its Make Our Children Healthy Again Assessment on May 22, 2025, documenting its rationale for future policy actions related to chronic disease in children. The report focuses on four key areas:… more

Amanda Ge

CHINA: Definition and Handling of Sensitive Personal Information Helpfully Clarified

It’s well-known that China’s data protection laws define sensitive personal information very differently to other jurisdictions. Instead of a closed list of data types, sensitive personal information in China has traditionally… more

China, Compliance, Data Privacy, Data Protection, Data Security

Sebastian Georgescu

Data Act Frequently Asked Questions Answered by the EU Commission

The EU Data Act is one of the cornerstones of the EU's Data Strategy and introduces a new and horizontal set of rules on data access and use to boost the EU's data economy. Most of the provisions of the Data Act will become… more

Compliance, Data Controller, Data Management, Data Protection, Data Transfers

Tom Geraghty

Blockchain and Digital Assets News and Trends – January 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets. While the use cases for blockchain… more

Blockchain, CFTC, Chattel, Commodities, Consumer Financial Products

Sophie Germis

Belgian VAT Authorities Publish New Circular Letter Regarding Late Input VAT Recovery

Seven years after relevant judgments from the CJEU, the Belgian VAT authorities now (broadly) allow the recovery of input VAT beyond the standard Belgian limitation period of three years, subject however to strict conditions… more

Belgium, EU, Filing Deadlines, New Guidance, Penalties

Anti-Money Laundering, Artificial Intelligence, Blockchain, Consumer Financial Protection Bureau (CFPB), Cryptocurrency

Benjamin Gersch

Blockchain and Digital Assets News and Trends – March 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets. While the use cases for blockchain… more

John Gevertz

Executive Order on Federal Agencies

On February 18, 2025, President Donald J. Trump signed an Executive Order (EO), entitled, “Restoring Democracy and Accountability in Government,” which asserts greater authority over all federal agencies, including those… more

Article II, Constitutional Challenges, Executive Orders, FCC, Federal Reserve

Melissa Gierach

Litigation Funding Tax and Retaliatory Tax: Top Points from the Latest JCT Scores

The Joint Committee on Taxation (JCT) on June 22, 2025, released tables providing revenue estimates for provisions of the recent Senate Committee on Finance bill language (JCX-29-25) as well as those of the comparable House bill… more

Excise Tax, Income Taxes, Investment, Investors, IRS

Ludger Giesberts

European Union Deforestation Regulation: What US Companies Should Know

Due diligence requirements under the Regulation on Deforestation-Free Products (EUDR) will apply starting on December 30, 2024, setting in motion a landmark regulation to prevent products linked to deforestation and forest… more

Due Diligence, Environmental Policies, EU, Exports, Forestry

Constitutional Challenges, Dormant Commerce Clause, Due Process, Environmental Litigation, Extended Producer Responsibility (EPR)

George Gigounas

Federal Lawsuit Targets Oregon’s Plastic Pollution and Recycling Modernization Act

Oregon’s Plastic Pollution and Recycling Modernization Act (RMA), one of the first extended producer responsibility (EPR) laws implemented in the US, is facing its first challenge in court. The outcome of the suit could have… more

Pablo Gil Díaz

What the One Big Beautiful Bill Act’s Tax Provisions Mean for Businesses Operating in Puerto Rico

President Donald Trump recently signed into law the bill commonly known as the One Big Beautiful Bill Act (OBBBA). On July 4, 2025, the OBBBA made permanent many of the provisions of the Tax Cuts and Jobs Act of 2017 (TCJA) and… more

CFC, Corporate Taxes, Income Taxes, One Big Beautiful Bill Act, Puerto Rico

Department of Health and Human Services (HHS), Department of Justice (DOJ), Drug Pricing, False Claims Act (FCA), Healthcare

Courtney Gilligan Saleski

Relaunch of DOJ-HHS Working Group Reinforces False Claims Act Enforcement Focus in Healthcare and Life Sciences Industries

The Department of Justice (DOJ) and the Department of Health and Human Services (HHS) jointly announced the relaunch of a Working Group to enhance enforcement of the False Claims Act (FCA) across the healthcare and life sciences… more

Board of Directors, Caremark claim, Corporate Governance, Data Privacy, Delaware

John Gilluly

Settlement Reached in Meta Investors Suit Over Privacy Violations: Key Takeaways

Mark Zuckerberg and other current and former Meta Platforms, Inc. (Meta) executives have reached a settlement with a group of Meta shareholders. The parties reached this settlement at the beginning of the second day of an… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Over-Time

Ben Gipson

Texas Federal Court Sets Aside DOL Overtime Rule

The US District Court for the Eastern District of Texas struck down the US Department of Labor (DOL)’s final rule raising the minimum salary level for the executive, administrative, and professional (EAP) and the highly… more

Bodily Injury, Constitutional Challenges, Foreign Corporations, Hazardous Substances, Illinois

Alexander Giraldo

Out-of-State Companies Face Increased Litigation Risk Under Illinois's Proposed Jurisdictional Law

Illinois is known for large verdicts in toxic tort cases, and the state has become a prime venue for forum shopping by plaintiffs’ attorneys. Illinois Senate Bill 328, if signed into law, will make it easier for plaintiffs to… more

Christopher Gismondi

Food and Beverage News and Trends - July 2025 #2

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape… more

Agribusiness, Food & Drug Regulations, Food Safety, Imports, Labeling

Vincenzo Giuffré

Regulatory Challenges in Europe’s Gambling Markets: Insights from DLA Piper’s Event

On 20 January 2025, DLA Piper hosted its annual event where leading lawyers from Europe’s key gambling markets addressed the pressing regulatory challenges and dynamic litigation landscape facing the industry today. The event… more

Advertising, Antitrust Provisions, Class Action, Data Privacy, EU

Kevin Glenn

Litigation Funding Tax and Retaliatory Tax: Top Points from the Latest JCT Scores

The Joint Committee on Taxation (JCT) on June 22, 2025, released tables providing revenue estimates for provisions of the recent Senate Committee on Finance bill language (JCX-29-25) as well as those of the comparable House bill… more

Excise Tax, Income Taxes, Investment, Investors, IRS

Borrowers, Collateral, Early Stage Companies, Emerging Growth Companies, Financial Services Industry

Eric Goldberg

Ensuring Positive Outcomes With Negative Pledges in Venture Lending

A “negative pledge” on intellectual property is a common feature of venture lending transactions, but its implications can often be misunderstood. Some lenders may be surprised to discover that it does not always provide the… more

Diego Gonzalez

Chile Introduces Procedure for Strategic Company Designation and Strike Restrictions

The Ministry of Labor and Social Welfare in Chile recently published Exempt Resolution No. 541, which created a new procedure for identifying corporations or companies in which the right to strike may not be exercised… more

Chile, Employee Rights, Filing Deadlines, Government Agencies, Labor Reform

AI Act, Biometric Information, Data Privacy, Data Protection, Enforcement Actions

Paula González de Castejón

Spain: Spanish Data Protection Authority Publishes Annual Report

The Spanish Data Protection Authority (“AEPD“) has published its 2024 annual report, which includes the AEPD’s awareness-raising activities; the collaboration and inspection activities of the Spanish authorities; relevant… more

California, Climate Change, Corporate Sustainability Reporting Directive (CSRD), Disclosure Requirements, Environmental Social & Governance (ESG)

Brooke Goodlett

Horizon - ESG Regulatory News and Trends - July 2025

Welcome to Horizon, DLA Piper’s monthly bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

Clean Energy, Emerging Growth Companies, Energy Projects, Energy Sector, Energy Tax Incentives

Martin Goodlett

Navigating Clean Energy Tax Credits in Climate Tech Venture Lending

Changes to the tax code have made it easier to monetize renewable energy tax credits, attracting interest from emerging growth companies looking to bolster their balance sheets amid the slowdown in venture capital funding. These… more

Hugh Wesley Goodwin

New Jersey Weighs in on Sales Tax Impact of US Tariffs

The current US administration has added tariffs to a variety of goods sold by US retailers but imported from foreign sellers. In other cases, foreign retailers subject to tariffs, may sell their products directly to US… more

Government Agencies, Imports, New Guidance, New Jersey, Retailers

Appellate Courts, Business Litigation, Class Action, Class Certification, Class Members

Keara Gordon

Supreme Court Declines to Decide Key Class Certification Issue

On June 5, 2025, the US Supreme Court dismissed as improvidently granted a closely watched case that could have clarified whether federal courts may certify damages class actions under Rule 23 when the class includes both… more

Department of Justice (DOJ), Executive Orders, False Claims Act (FCA), Food and Drug Administration (FDA), Gender Identity

Perham Gorji

DOJ Memo Identifies False Claims Act and Enforcement Risks Related to Gender Transition Medication and Procedures

Attorney General (AG) Pam Bondi has issued a memorandum titled “Preventing the Mutilation of American Children” (the Memo) to select Component Heads of the Department of Justice (DOJ). Released on April 22, 2025, the Memo seeks… more

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

John Goulios

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Valentina Grande

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Artificial Intelligence, Bribery, Chief Compliance Officers, Compliance, Corporate Crimes

Kylie Green

Minimizing AI Risk: Top Points for Compliance Officers

More than ever, artificial intelligence (AI) is being implemented as a powerful tool to improve our lives and businesses. But with its benefits comes a host of risks – and regulators are homing in on its use as a tool for… more

Imports, International Emergency Economic Powers Act (IEEPA), International Trade, National Security, Pharmaceutical Industry

Jamie Gregorian

Department of Commerce Announces Section 232 Pharmaceutical Investigation

The Trump Administration issued a notice on Monday titled, “Notice of Request for Public Comments on Section 232 National Security Investigation of Imports of Pharmaceuticals and Pharmaceutical Ingredients,” which could serve as… more

Advertising, Appeals, Consent, Cookies, Court of Justice of the European Union (CJEU)

Verena Grentzenberg

EU: Brussels Court of Appeal Rules on IAB Europe and the TC String – Implications for GDPR Compliance

On 14 May 2025, the Brussels Court of Appeal (Market Court) delivered the long-awaited judgement in the case concerning the Transparency & Consent Framework (“TCF”) (case no. 2022/AR/292). The Court largely upheld the findings… more

America Invents Act, Corporate Counsel, Evidence, Evidence Suppression, Inter Partes Review (IPR) Proceeding

Derek Gretkowski

USPTO Director’s Decision Highlights Consequences of Evidence Suppression

In a rare exercise of authority through a sua sponte director review, US Patent and Trademark Office (USPTO) Director Kathi Vidal affirmed the Patent Trial and Appeal Board (PTAB)’s decision to sanction patent owner Longhorn… more

Manuel Grez

Chile: Resumen de las Circulares División de Desarrollo Urbano Emitidas por el Ministerio de Vivienda y Urbanismo Durante Febrero y Marzo 2025

Todos los meses, el Ministerio de Vivienda y Urbanismo emite Circulares de la División de Desarrollo Urbano (DDU). A continuación, presentamos un resumen de los aspectos principales de las DDU de los meses de febrero y marzo… more

Building Permits, Chile, Energy Projects, Energy Storage, Infrastructure

Class Action, Consumer Product Companies, Contamination, Dismissals, False Advertising

Yan Grinblat

Daly v. The Wonderful Company LLC: Key Considerations for Consumer Product Contaminant Litigation

On May 7, 2025, the US District Court for the Northern District of Illinois issued a significant decision in Daly v. The Wonderful Company LLC, No. 24 C 1267 (N.D. Ill.). The court dismissed with prejudice a putative class… more

Acquisitions, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

Eric Grossman

Trending in Transactions - Q2 2025

President Donald Trump’s Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” and subsequent guidance from the Department of Justice (DOJ) and Equal Employment Opportunity Commission… more

California, Canada, Climate Change, Environmental Policies, Environmental Social & Governance (ESG)

Robert Gruendel

Horizon - ESG Regulatory News and Trends - June 2025

Welcome to Horizon, DLA Piper’s monthly bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

Annual Reports, Disclosure Requirements, Filing Requirements, Form 10-K, Publicly-Traded Companies

Alexander Grynszpan

Updating Form 10-K for Fiscal Year 2024 and Other Reporting Reminders

With calendar year 2024 completed, US public companies with a December 31 fiscal year-end will be working to prepare their annual reports on Form 10-K for filing with the US Securities and Exchange Commission (SEC). Companies… more

Anti-Retaliation Provisions, Data Protection, EU, General Data Protection Regulation (GDPR), Poland

Bartlomiej Gudek

Whistleblowing in Poland: Practical Guidelines for Companies Operating in the Polish Market

The implementation of whistleblowing procedures is not only a response to the European Parliament and Council Directive (EU) 2019/1937, but also an important part of building a culture of transparency and ethics within an… more

Consumer Protection Laws, False Advertising, Litigation Strategies, Manufacturers, Motion to Dismiss

Colleen Carey Gulliver

TOF Testing as a Basis for False Advertising Class Actions Continues to Face Scrutiny

The United States District Court for the Northern District of California dismissed with prejudice a putative class action against The Procter & Gamble Company (P&G) on July 7, 2025, concerning the labeling of its “Tampax Pure… more

Administrative Procedure Act, Climate Change, Final Rules, Proposed Rules, Regulatory Reform

Stephanie Gumabon-Greaver

SEC’s Climate Rule Litigation Update: Is it Actually Over?

The Securities and Exchange Commission (SEC)’s March 27, 2025 decision (the Decision) to withdraw the defense of its landmark climate-related disclosure rules adopted in March of 2024 (the Rules) did not formally pause or… more

Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Due Diligence, Enforcement Actions

Dillon Guthrie

Private Equity Acquirer Avoids “Unicat-astrophe” Following Voluntary Disclosures to the DOJ

The US Department of Justice (DOJ) announced that it has formally declined to prosecute private equity firm White Deer Management LLC (White Deer) and certain of its affiliates in connection with criminal violations of US… more

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Pablo Guzman

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Asset Management, Capital Markets, Capital Raising, Financial Markets, Financial Services Industry

Xavier Guzman

Key Takeaways From the Fund Finance Association 2024 Global Leadership Summit

The Pine Cliffs Resort hosted the FFA’s 2024 Global Leadership Summit this week where key players and leaders from across the industry gathered to discuss macroeconomic, geopolitical, policy, legal, regulatory and other matters… more

Anti-Discrimination Policies, Antitrust Provisions, Discriminatory Intent, Foreign Corporations, Goods or Services

Janine Guzmán

Puerto Rico Department of Consumer Affairs Reactivates its Office Against Discrimination in Commerce

The Puerto Rico Department of Consumer Affairs (DACO, per its acronym in Spanish) reactivated its Office Against Discrimination in Commerce (OADC) in September 2024 to ensure Puerto Rican consumers receive fair and equal… more

EU, European Commission, Foreign Direct Investment, Foreign Investment, Investment

Joost Haans

Revised EU FDI Screening Regulation’s Direction of Motion Following the European Parliament’s Review

The EU Foreign Direct Investment (FDI) Screening Regulation (Regulation) entered into force in October 2020. It aims to create a cooperation mechanism which enables EU member states and the European Commission (EC) to exchange… more

Amgen v Sanofi, Biotechnology, Life Sciences, Patent Litigation, Patent Validity

Lisa Haile

CDR Scanning Offers Hope for Genus Claims for Antibodies

In the landmark Amgen v. Sanofi case (previously covered here), the Supreme Court affirmed that patent claims drawn to a genus of monoclonal antibodies, which were claimed in terms of their function and the epitope to which they… more

Eric Hall

Blockchain and Digital Assets News and Trends – July 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets… more

AML/CFT, Blockchain, CFTC, Cryptocurrency, Digital Assets

Algorithms, Antitrust Division, Competition, Department of Justice (DOJ), Enforcement Actions

David Hamilton

The Preventing Algorithmic Collusion Act: Strike Two

Senator Amy Klobuchar (D-MN) and eight Senate co-sponsors reintroduced “The Preventing Algorithmic Collusion Act” – formerly Senate Bill 3686 – as Senate Bill 232 (S. 232) on January 23, 2025. S. 232 makes no substantive changes… more

Carbon Emissions, Climate Change, Compliance, Corporate Governance, Corporate Social Responsibility

Traneke Hamrick

Horizon - ESG Regulatory News and Trends - September 2024

Welcome to Horizon, DLA Piper’s regular bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

Jonathan Haray

DOJ Expands Enforcement of Trade Fraud and Tariff Evasion

On July 10, 2025, officials from the US Department of Justice (DOJ) announced a significant shift in DOJ’s strategy for fraud enforcement, consolidating resources from the Criminal Division and the Civil Division to create a new… more

Criminal Prosecution, Department of Justice (DOJ), Enforcement, Fraud, Imports

Paul Hardy

New Tariffs of the US, the EU and Other Countries – Implications for Transport and Logistics

The global trade landscape is shifting, with tariffs largely being used as strategic instruments in economic and geopolitical competition. In early April 2025, the United States introduced a sweeping new tariff regime,… more

Banking Sector, Banks, Consumer Financial Protection Bureau (CFPB), Cryptoassets, Cryptocurrency

Jeffrey Hare

Bank Regulatory News and Trends - May 2025

This regular publication from DLA Piper focuses on helping banking and financial services clients navigate the ever-changing regulatory landscape… more

Business Strategies, Contract Disputes, Contract Negotiations, Contract Terms, Due Diligence

Ryan Harrison

Contracting for Turbulent Times

It's fair to say that recent years have been challenging for business. Numerous disruptive events have put pressure on global supply chains. And the nature of these events has been unpredictable and varied. The COVID-19… more

Cryptocurrency, Digital Assets, Enforcement Actions, Federal Reserve, Financial Services Industry

Chris Harvey

Blockchain and Digital Assets News and Trends – May 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets. While the use cases for blockchain… more

Corporate Misconduct, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities, Financial Crimes

Katrina Hausfeld

Long-Awaited DOJ Guidance on White Collar Enforcement Priorities and Policies: Key Takeaways

This guidance follows a number of Executive Orders (EOs) and other memoranda from the DOJ, including (1) the February 10, 2025 EO pausing enforcement of the Foreign Corrupt Practices Act (FCPA) for 180 days, pending the release… more

Tom Hautvast

Regulatory Challenges in Europe’s Gambling Markets: Insights from DLA Piper’s Event

On 20 January 2025, DLA Piper hosted its annual event where leading lawyers from Europe’s key gambling markets addressed the pressing regulatory challenges and dynamic litigation landscape facing the industry today. The event… more

Advertising, Antitrust Provisions, Class Action, Data Privacy, EU

Capital Gains, Capital Gains Tax, Foreign Investment, Internal Revenue Code (IRC), Investment Funds

Lindsey Haythorn

Withholding Requirements for Transfers of Venture Capital Fund Interests by Non-US Limited Partners

The secondary market for limited partner interests in venture capital funds has witnessed robust growth in recent years as an increasing number of existing venture fund investors seek an early exit from their positions for one… more

Anti-Competitive, Artificial Intelligence, Bid Rigging, Competition, Enforcement Actions

Louis Head

CMA Unveils AI-Powered Tool to Combat Bid-Rigging in Public Procurement

On 5 January 2025, the Competition and Markets Authority (CMA) announced the trial of an artificial intelligence (AI) tool designed to detect collusion in public procurement by scanning and analysing bidding data at scale… more

Artificial Intelligence, Bribery, Chief Compliance Officers, Compliance, Corporate Crimes

Erin Heiferman

Minimizing AI Risk: Top Points for Compliance Officers

More than ever, artificial intelligence (AI) is being implemented as a powerful tool to improve our lives and businesses. But with its benefits comes a host of risks – and regulators are homing in on its use as a tool for… more

Chief Compliance Officers, Compliance, Corporate Governance, Cryptocurrency, Department of Justice (DOJ)

Jessica Heim

Key Considerations for Compliance Officers Under President Trump

The Trump Administration has ushered in massive shifts in enforcement and policy priorities. From crypto to anti-corruption measures and tariffs to technology, the new Administration has changed the compliance landscape… more

Amory Heine

Chile: Servicio de Impuestos Internos publica instrucciones sobre facultad de tasación y su aplicación a reorganizaciones empresariales

El Servicio de Impuestos Internos (SII) dictó la Circular N°23 que imparte instrucciones sobre el nuevo texto del artículo 64 del Código Tributario. A modo de contexto, el SII tiene una facultad legal para tasar el precio o… more

Chile, Corporate Restructuring, Corporate Taxes, Income Taxes, Mergers

Chevron Deference, Clean Air Act, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Loper Bright Enterprises v Raimondo

Paul Hemmersbaugh

EPA Proposes to Rescind Landmark Greenhouse Gas Endangerment Finding and Eliminate Mobile Source Emissions Standards for GHGs

Today, August 1, 2025, the US Environmental Protection Agency (EPA) published a controversial proposed rule that, if finalized, would rescind the agency’s landmark 2009 determination that greenhouse gas (GHG) emissions from… more

Borrowers, Collateral, Early Stage Companies, Emerging Growth Companies, Financial Services Industry

Justin Hewett

Ensuring Positive Outcomes With Negative Pledges in Venture Lending

A “negative pledge” on intellectual property is a common feature of venture lending transactions, but its implications can often be misunderstood. Some lenders may be surprised to discover that it does not always provide the… more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Drug Pricing, False Claims Act (FCA), Healthcare

John Hillebrecht

Relaunch of DOJ-HHS Working Group Reinforces False Claims Act Enforcement Focus in Healthcare and Life Sciences Industries

The Department of Justice (DOJ) and the Department of Health and Human Services (HHS) jointly announced the relaunch of a Working Group to enhance enforcement of the False Claims Act (FCA) across the healthcare and life sciences… more

Corporate Misconduct, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities, Financial Crimes

Matt Hiller

Long-Awaited DOJ Guidance on White Collar Enforcement Priorities and Policies: Key Takeaways

This guidance follows a number of Executive Orders (EOs) and other memoranda from the DOJ, including (1) the February 10, 2025 EO pausing enforcement of the Foreign Corrupt Practices Act (FCPA) for 180 days, pending the release… more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Drug Pricing, False Claims Act (FCA), Healthcare

Andrew Hoffman II

Relaunch of DOJ-HHS Working Group Reinforces False Claims Act Enforcement Focus in Healthcare and Life Sciences Industries

The Department of Justice (DOJ) and the Department of Health and Human Services (HHS) jointly announced the relaunch of a Working Group to enhance enforcement of the False Claims Act (FCA) across the healthcare and life sciences… more

Algorithms, Artificial Intelligence, Breach of Contract, Class Action, Insurance Claims

Kaylee Hoffner

Lawsuit Over AI Usage by Medicare Advantage Plans Allowed to Proceed

The US District Court for the District of Minnesota has ruled that plaintiffs may proceed in a putative class action lawsuit brought against a Medicare Advantage organization (MAO) to challenge its alleged use of an artificial… more

Agribusiness, Animal Health, Beverage Manufacturers, Department of Health and Human Services (HHS), Food and Drug Administration (FDA)

Matt Holian

Food and Beverage News and Trends - May 2025

On April 22, Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. announced coming FDA actions aiming “to phase out all petroleum-based synthetic dyes from the nation’s food supply” and to prompt the food industry to… more

AI Act, Artificial Intelligence, Biometric Information, Data Protection, Employee Monitoring

Jennifer Holyoake

EU AI Act – Spotlight on Emotional Recognition Systems in the Workplace

Emotion recognition artificial intelligence (Emotion AI) refers to AI which uses various biometric and other data sets such as facial expressions, keystrokes, tone of voice and behavioural mannerisms to identify, infer and… more

Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Due Diligence, Enforcement Actions

Reema Holz

Private Equity Acquirer Avoids “Unicat-astrophe” Following Voluntary Disclosures to the DOJ

The US Department of Justice (DOJ) announced that it has formally declined to prosecute private equity firm White Deer Management LLC (White Deer) and certain of its affiliates in connection with criminal violations of US… more

Emily Honsa Hicks

Blockchain and Digital Assets News and Trends – July 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets… more

AML/CFT, Blockchain, CFTC, Cryptocurrency, Digital Assets

Artificial Intelligence, Clinical Trials, Comment Period, Draft Guidance, Food and Drug Administration (FDA)

Christopher Hooks

Key Takeaways from FDA’s Draft Guidance on Use of AI in Drug and Biological Life Cycle

The US Food and Drug Administration (FDA) recently issued its draft guidance, Considerations for the Use of Artificial Intelligence to Support Regulatory Decision-Making for Drug and Biological Products, on January 6, 2025… more

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Paul Hopman

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

David Horniak

Ninth Circuit Issues First Published Opinion Addressing Mass Arbitration

The US Court of Appeals for the Ninth Circuit issued its first published opinion addressing mass arbitration on February 28, 2025, following the court’s decision in Heckman v. Live Nation Entertainment, et al., 120 F.4th 670… more

Appeals, Arbitration, Arbitration Agreements, Business Litigation, Class Action

Contract Terms, Cybersecurity, Data Security, Derivatives, Disclosure Requirements

Marc Horwitz

ISDA Launches 2025 Notices Hub Protocol: Key Points

The International Swaps and Derivatives Association (ISDA) recently announced the launch of the ISDA Notices Hub and the ISDA 2025 Notices Hub Protocol… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

Christina Michelle Houston

CTA Update: FinCEN Revises Beneficial Ownership Information Reporting Requirements and Extends Deadlines

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule (IFR) significantly revising the beneficial ownership information (BOI) reporting requirements under the Corporate Transparency… more

Business Ownership, Climate Change, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

Geoff Howell

“Greening” Your Leases: The Cornerstone of Climate Resilience and Readiness in Commercial Real Estate

Many large companies have reported that they are not sufficiently prepared to meet emerging climate-risk reporting and verification requirements, or prepared to take advantage of climate-related opportunities, according to a new… more

Deadlines, Drug Distribution, DSCSA, Enforcement Actions, Federal Food Drug and Cosmetic Act (FFDCA)

Jianyuan Hua

Certain DSCSA Deadline Extensions Set to Eclipse in 2025

The Drug Supply Chain Security Act (DSCSA) (section 582 of the Federal Food, Drug, and Cosmetic Act (FD&C Act), 21 USC §360eee – 1) was introduced in response to several drug contamination, counterfeiting, and diversion… more

Advertising, China, Consumer Protection Laws, Enforcement Actions, False Advertising

Olivia Huang

Navigating the Advertising Regulation and Enforcement Landscape in China: Key Issues to Watch in 2025

In March 2025, the State Administration for Market Regulation (SAMR) in China published a newsletter detailing the government's 2024 enforcement actions against illegal advertisements. According to official statistics, in 2024,… more

Financial Services Industry, Internal Revenue Code (IRC), Investment Funds, New Legislation, One Big Beautiful Bill Act

Shiukay Hung

One Big Beautiful Bill Act: Top Points for the Investment Funds Industry

President Donald J. Trump signed the legislation commonly known as the “One Big Beautiful Bill” (Tax Act) into law on July 4, 2025. We explore five key takeaways for fund sponsors, investors, and the broader asset management… more

California, Extended Producer Responsibility (EPR), Government Agencies, Manufacturers, Product Packaging

Erin Huntington

SB 343 Final Findings Report and Implications for EPR Obligations Under SB 54

California recycling claims restrictions - On April 4, 2025, the California Department of Resources Recycling and Recovery (CalRecycle) published its Final Findings of the SB 343 Material Characterization Study. The report… more

Algorithms, Artificial Intelligence, Data Privacy, Hong Kong, Intellectual Property Protection

Lauren Hurcombe

Hong Kong released GenAI Technical and Application Guideline

On 15 April 2025, the Digital Policy Office (DPO) of the Hong Kong Government published the Hong Kong Generative Artificial Intelligence Technical and Application Guideline (Guideline), seeking to encourage stakeholders in Hong… more

Clean Energy, Emerging Growth Companies, Energy Projects, Energy Sector, Energy Tax Incentives

Laurie Hutchins

Navigating Clean Energy Tax Credits in Climate Tech Venture Lending

Changes to the tax code have made it easier to monetize renewable energy tax credits, attracting interest from emerging growth companies looking to bolster their balance sheets amid the slowdown in venture capital funding. These… more

Corporate Taxes, Employer Responsibilities, Italy, New Guidance, New Legislation

Giovanni Iaselli

Italian Tax Authority Provides Guidance on VAT Treatment of Personnel Secondment Arrangements

Starting from January 2025, staff secondments are subject to VAT even where limited to the mere reimbursement of costs, provided that the relevant payment received qualifies as consideration for a supply of services. This change… more

California, Carbon Emissions, Climate Change, Emissions Trading System, Environmental Policies

Danielle Igbokwe

All Eyes on Carbon Markets Amid Belated Progress and Domestic Challenges

Trading in greenhouse gas (GHG) emissions and reductions has long been touted as a way of leveraging market forces to tackle climate change in the most cost-effective manner, and 2025 may put that theory to the test amid… more

Corporate Taxes, Excise Tax, Internal Revenue Code (IRC), Investment Funds, Investors

Frank Ikonero Mugabi

House Passes Sweeping Tax Bill: Top Points for the Investment Funds Industry

On May 22, 2025, the House of Representatives passed a tax bill with some limited amendments (House Tax Bill). The House Tax Bill will now head to the Senate, where additional amendments could be made. Below, we outline five… more

Constitutional Challenges, Dormant Commerce Clause, Due Process, Environmental Litigation, Extended Producer Responsibility (EPR)

Felicia Isaac

Federal Lawsuit Targets Oregon’s Plastic Pollution and Recycling Modernization Act

Oregon’s Plastic Pollution and Recycling Modernization Act (RMA), one of the first extended producer responsibility (EPR) laws implemented in the US, is facing its first challenge in court. The outcome of the suit could have… more

Michael Isselin

Accentuate the Positive, Don’t Eliminate the Negative: What a New FTC Case Says About Managing Your Customer Reviews

The Federal Trade Commission (FTC) recently announced a new action and proposed settlement with the telemedicine firm NextMed. The action, which may seem familiar to those who followed FTC advertising cases of years past,… more

Advertising, Compliance, Consumer Protection Laws, Endorsements, Fake Reviews

Compliance, Corporate Governance, Employee Benefits, Executive Compensation, Internal Revenue Code (IRC)

Atul Jain

Tax Considerations for Public Company Equity Incentive Awards

This is the third part of a series covering certain securities law, corporate governance, and tax considerations related to stock options and restricted stock unit (RSU) awards granted by public companies… more

Brian Janovitz

DOJ Expands Enforcement of Trade Fraud and Tariff Evasion

On July 10, 2025, officials from the US Department of Justice (DOJ) announced a significant shift in DOJ’s strategy for fraud enforcement, consolidating resources from the Criminal Division and the Civil Division to create a new… more

Criminal Prosecution, Department of Justice (DOJ), Enforcement, Fraud, Imports

Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Department of Justice (DOJ), Employment Discrimination, Employment Litigation

Jahi Jenkins

United States Supreme Court Rejects Heightened Standard for “Reverse Discrimination” Claims Under Title VII

On June 5, 2025, the United States Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, vacating and remanding a Sixth Circuit ruling against a heterosexual woman in a Title VII “reverse… more

Elle Jimenez

Food and Beverage News and Trends - July 2025 #2

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape… more

Agribusiness, Food & Drug Regulations, Food Safety, Imports, Labeling

Artificial Intelligence, Data Privacy, Employee Engagement, Employees, Employer Liability Issues

Georgia Jolink

Global Employment Trends and What's Ahead: 2024 in Review and 2025 Preview

Global employers are preparing for changes to the labor and employment landscape in 2025, including evolving employee expectations about the role of work in their lives, increasing regulation, growing use of generative AI, and… more

Daniel J Jones

For Your AIs Only: Agentic AI Steps Out of the Shadows, Part 2

Agentic AI and its ability to perform tasks autonomously on behalf of users, without the regular prompting associated with more traditional AI models, is the new frontier of AI. Many organisations are betting big on the… more

Artificial Intelligence, Automation Systems, Contract Terms, EU, Liability

Alex Jorge

Brazil - VAT: Approval of the Supplementary Law on Tax Reform - Monthly Indirect Tax Alert – January 2025

On 16 January 2025, the President ratified Supplementary Law No. 214/2025, marking a significant step in Brazilian tax reform. This new law outlines the framework for the IBS, the CBS, and IS, while also establishing the IBS… more

Brazil, Corporate Taxes, International Tax Issues, Tax Credits, Tax Exemptions

Compliance, Disclosure Requirements, Educational Institutions, Federal Contractors, FOCI

Brad Jorgensen

DCSA Updates SF-328 for Cleared US Government Contractors and Academic Institutions

The Defense Counterintelligence and Security Agency (DCSA) announced the approval of updates made to the Certificate Pertaining to Foreign Interests, or Standard Form (SF) 328, on May 7, 2025. This revised form requires more… more

Artificial Intelligence, Broker-Dealer, Corporate Governance, Disclosure Requirements, Enforcement Actions

Jason Jose

SEC Emphasizes Focus on “AI Washing” Despite Perceived Enforcement Slowdown

The US Securities and Exchange Commission (SEC) recently highlighted its continued focus on artificial-intelligence-related misconduct as a key enforcement priority. Speaking on a series of panels at the Securities Enforcement… more

Accredited Investors, Capital Markets, Compliance, Disclosure Requirements, Investment

Jasmine Judge

SEC Updates Guidance Regarding Exempt Offerings

On March 12, 2025, the Securities and Exchange Commission (SEC) published updates to its Compliance and Disclosure Interpretations (C&DIs) related to exempt offerings under the Securities Act of 1933 (Securities Act). These… more

Avoidance, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debt Restructuring

Gregory Juell

Second Circuit Rules Bankruptcy Code’s “Safe Harbor” Provision Preempts State Law Fraudulent Transfer Claims

On September 19, 2024, the US Court of Appeals for the Second Circuit issued a summary order in which it held that the “safe harbor” provision of Section 546(e) of the Bankruptcy Code preempted a bankruptcy trustee’s state law… more

Financial Services Industry, Internal Revenue Code (IRC), Investment Funds, New Legislation, One Big Beautiful Bill Act

Witold Jurewicz

One Big Beautiful Bill Act: Top Points for the Investment Funds Industry

President Donald J. Trump signed the legislation commonly known as the “One Big Beautiful Bill” (Tax Act) into law on July 4, 2025. We explore five key takeaways for fund sponsors, investors, and the broader asset management… more

Centers for Medicare & Medicaid Services (CMS), Digital Health, Health Care Providers, Healthcare, Medicare

Dan Kagan

Proposed CY 2026 Medicare Physician Fee Schedule Rule Signals Support for Digital Health Advancement

On July 14, 2025, the Centers for Medicare and Medicaid Services (CMS) issued the calendar year (CY) 2026 Medicare Physician Fee Schedule (MPFS) Proposed Rule (Proposed Rule). This client alert focuses on the proposed increased… more

Sarah Kahn

Trump Administration Issues America First Investment Policy Memorandum

On February 21, 2025, President Donald Trump issued the America First Investment Policy memorandum (Investment Policy Memo), outlining the US policy on investment security and directing substantial changes with regard to both… more

Artificial Intelligence, CFIUS, China, Economic Sanctions, Executive Orders

Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Department of Justice (DOJ), Employment Discrimination, Employment Litigation

Brian Kaplan

United States Supreme Court Rejects Heightened Standard for “Reverse Discrimination” Claims Under Title VII

On June 5, 2025, the United States Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, vacating and remanding a Sixth Circuit ruling against a heterosexual woman in a Title VII “reverse… more

Constitutional Challenges, FCC, Government Agencies, Judicial Authority, Non-Delegation Doctrine

Peter Karanjia

Supreme Court Upholds FCC’s Universal Service Fund Authority

On June 27, 2025, the United States Supreme Court decided FCC v. Consumers’ Research, Nos. 24-354 & 24-422, upholding the constitutionality of the federal “universal service” statute, which establishes a Universal Service Fund… more

Board of Directors, Corporate Culture, Corporate Governance, COSO, Financial Institutions

Katerina Karaoglanova

A Principles-Based Model for Modern Governance: COSO and NACD’s Proposed Corporate Governance Framework

In May 2025, the Committee of Sponsoring Organizations of the Treadway Commission (COSO), in collaboration with the National Association of Corporate Directors (NACD), released a public exposure draft of a new, principles-based… more

Ishita Kashyap

Opportunities for IPOs in India’s Capital Markets

India’s capital markets have experienced a significant surge in initial public offering (IPO) activity in 2024, positioning the country as a global leader in public offerings. With 327 IPOs raising approximately USD19.9 billion… more

Acquisitions, Capital Markets, FinTech, Foreign Investment, India

Holger Kastler

EU Space Act: First Glance at the 2025 Draft

On 25 June 2025, the European Commission has proposed the draft of the EU Space Act. This proposed new law is intended to provide a harmonised regulatory framework at European level from 2030 to ensure safety, resilience, and… more

Cybersecurity, Environmental Policies, EU, Government Agencies, Infrastructure

California, Climate Change, Corporate Sustainability Reporting Directive (CSRD), Disclosure Requirements, Environmental Social & Governance (ESG)

Josh Kaufman

Horizon - ESG Regulatory News and Trends - July 2025

Welcome to Horizon, DLA Piper’s monthly bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

Clean Energy, Emerging Growth Companies, Energy Projects, Energy Sector, Energy Tax Incentives

Melanie Kaufman

Navigating Clean Energy Tax Credits in Climate Tech Venture Lending

Changes to the tax code have made it easier to monetize renewable energy tax credits, attracting interest from emerging growth companies looking to bolster their balance sheets amid the slowdown in venture capital funding. These… more

California, Financial Transactions, Governor Newsom, Governor Vetoes, Health Care Providers

Joshua Kaye

California Governor Vetoes Further Legislative Efforts to Restrict Healthcare Investments and Management Relationships

On September 28, 2024, California Governor Gavin Newsom vetoed AB 3129, which would have required qualifying private equity groups, hedge funds, and any associated portfolio companies to notify and obtain written consent from… more

Rod Kazempour

Ninth Circuit Authorizes Trustees to Avoid Intentional Fraudulent Transfers Without Need to Demonstrate Creditor Harm

In a case of first impression in the Ninth Circuit, the US Court of Appeals recently handed bankruptcy trustees a significant power by ruling in The Lovering Tubbs Trust v. Hoffman (In re O’Gorman) that a trustee can avoid… more

Bankruptcy Code, Chapter 7, Creditors, Debtors, Foreclosure

Julie Kearney

FCC Proposes Expanding Use of Spectrum for Satellite Services

The Federal Communications Commission (FCC) is assessing current spectrum allocations and service rules to ensure abundant spectrum is available to support the growing satellite industry, improve broadband access, and maintain… more

Comment Period, FCC, Government Agencies, Licensing Rules, Proposed Rules

Algorithms, Artificial Intelligence, Bias, Disparate Impact, Enforcement Actions

Brenna Kelly

State Action Targets Use of Biased AI Underwriting Models: Key Points

On July 10, 2025, the Massachusetts Attorney General announced a $2.5 million settlement with Earnest Operations, a student loan company, for allegedly failing to mitigate risks of disparate harms to Black, Hispanic, and… more

Algorithms, Artificial Intelligence, EU, European Commission, Innovative Technology

Phillip Kelly

Navigating AI Liability Risks

Our webinar explored liability that can be incurred from the creation use or deployment of AI systems and raised some important questions around the current and future regulatory landscape applicable to AI and liability. We also… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Over-Time

Garrett David Kennedy

Texas Federal Court Sets Aside DOL Overtime Rule

The US District Court for the Eastern District of Texas struck down the US Department of Labor (DOL)’s final rule raising the minimum salary level for the executive, administrative, and professional (EAP) and the highly… more

Christian Keogh

Direct to Device Satellite Services and MSS Services: Upcoming Regulatory Changes

New satellite services are in development which will permit satellites to communicate directly with unmodified end user phones. These services fall into a category of satellite services known as direct to device services, or… more

Cell Phones, Innovative Technology, Internet of Things, Mobile Devices, OFCOM

Advertising, Cancellation Rights, Federal Trade Commission (FTC), FTC Act, Goods or Services

Michael Keramidas

FTC Finalizes "Click-to-cancel" Rule: Top Points

On October 16, 2024, the Federal Trade Commission (FTC) finalized significant updates to the Negative Option Rule. The amendments to the rule, now titled the “Rule Concerning Recurring Subscriptions and Other Negative Option… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

Brooke Kerendian

CTA Update: FinCEN Revises Beneficial Ownership Information Reporting Requirements and Extends Deadlines

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule (IFR) significantly revising the beneficial ownership information (BOI) reporting requirements under the Corporate Transparency… more

Claire Kermond

Australia: Privacy Act Amendments and Cyber Security Act Become Law

On 29 November 2024, the Australian Senate passed the Privacy and Other Legislation Amendment Bill 2024 (Cth) (the Privacy Act Bill). This follows the passage of the Cyber Security Act 2024 (Cth), and other cyber-security… more

Australia, Cybersecurity, Cybersecurity Framework, Data Breach, Data Privacy

Constitutional Challenges, Dormant Commerce Clause, Due Process, Environmental Litigation, Extended Producer Responsibility (EPR)

Gwen Keyes Fleming

Federal Lawsuit Targets Oregon’s Plastic Pollution and Recycling Modernization Act

Oregon’s Plastic Pollution and Recycling Modernization Act (RMA), one of the first extended producer responsibility (EPR) laws implemented in the US, is facing its first challenge in court. The outcome of the suit could have… more

Oliver Kiefer

Ninth Circuit Issues First Published Opinion Addressing Mass Arbitration

The US Court of Appeals for the Ninth Circuit issued its first published opinion addressing mass arbitration on February 28, 2025, following the court’s decision in Heckman v. Live Nation Entertainment, et al., 120 F.4th 670… more

Appeals, Arbitration, Arbitration Agreements, Business Litigation, Class Action

Appeals, Domestic Industry Requirement, International Trade Commission (ITC), Life Sciences, Patent Infringement

Helena Kiepura

The Federal Circuit Widens The ITC as a Venue for Life Sciences

Federal Circuit reshapes foundational requirements for viability of a case in the ITC - Pharmaceutical and life sciences companies have historically been rare participants before the International Trade Commission (ITC) – in… more

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Aline Kiers

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Clinical Trials, Department of Health and Human Services (HHS), Diversity, Diversity and Inclusion Standards (D&I), Draft Guidance

Jae Kim

Trump Administration’s DEI Executive Order and the Impact on FDA’s DAP Draft Guidance: Top Points

For more than a decade, the Food and Drug Administration (FDA) has made diversity in clinical trials a focus, including by issuing guidance, convening public-private workshops, and completing data analyses in an effort to… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Over-Time

Joseph Kim

Texas Federal Court Sets Aside DOL Overtime Rule

The US District Court for the Eastern District of Texas struck down the US Department of Labor (DOL)’s final rule raising the minimum salary level for the executive, administrative, and professional (EAP) and the highly… more

Anti-Corruption, Corporate Counsel, Corporate Crimes, Corporate Governance, Corruption

Jonathan King

DOJ’s Revised Policy on Crediting Fines: Emphasis on Victims

Without fanfare, the Department of Justice (DOJ or the Department) has published a memorandum revising its policy on when – and how – it will give credit to companies for fines and other payments made to other agencies,… more

Bodily Injury, Constitutional Challenges, Foreign Corporations, Hazardous Substances, Illinois

William Kiniry

Out-of-State Companies Face Increased Litigation Risk Under Illinois's Proposed Jurisdictional Law

Illinois is known for large verdicts in toxic tort cases, and the state has become a prime venue for forum shopping by plaintiffs’ attorneys. Illinois Senate Bill 328, if signed into law, will make it easier for plaintiffs to… more

Antitrust Litigation, Antitrust Provisions, Biden Administration, Department of Justice (DOJ), Enforcement

William Kirton

DOJ and FTC Leadership Discuss New Perspectives on Merger Enforcement

In speeches delivered only a day apart during the first week of June, Bill Rinner, the new Deputy Assistant Attorney General in charge of merger enforcement at the Department of Justice (DOJ), and Commissioner Melissa Holyoak of… more

Bureau of Industry and Security (BIS), Compliance Management Systems, Compliance Monitoring, Department of Justice (DOJ), Enforcement Actions

Nicholas Klein

Cadence Case Signals DOJ and BIS Priorities in Export Control Compliance

Cadence Design Systems Inc. (Cadence) simultaneously resolved criminal charges brought by the Department of Justice’s (DOJ) National Security Division (NSD) and the United States Attorney for the Northern District of California,… more

Kyle Kloeppel

Texas Adopts the Responsible AI Governance Act

On June 22, 2025, Governor Abbott signed HB 149, the “Texas Responsible Artificial Intelligence Governance Act” (the Act or TRAIGA), making Texas the third US state, after Colorado and Utah, to adopt a comprehensive artificial… more

Algorithms, Artificial Intelligence, Bias, Compliance, Discrimination

Robert Klyman

Delaware Bankruptcy Court Clarifies Broad Scope of Fraudulent Transfer Claims

The US Bankruptcy Court for the District of Delaware recently reaffirmed but limited the holding of In re DSI Renal Holdings, LLC, which held that under Third Circuit law, neither debtors nor trustees could bring fraudulent… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Creditors, Debtors

Antitrust Provisions, Department of Justice (DOJ), Economic Sanctions, Enforcement Actions, Enforcement Priorities

Sam Knowles

The Second Trump Administration’s First 100 days

The first 100 days of the second Trump Administration have been marked by a flurry of Executive Orders (EOs) and policy memoranda intended to advance President Donald Trump’s “America First” agenda. In the process, these actions… more

Jamie Knox

Understanding the Impact of MOICs on MFN Provisions in Private Credit Transactions

The Most Favored Nation (MFN) provision in a loan agreement is a lender protection mechanism that is typically seen in credit facilities permitting an uncommitted incremental facility. The MFN provision, a term originating from… more

Borrowers, Contract Terms, Debt, Fees, Financial Services Industry

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Contract Rates

Oksana Koltko Rosaluk

Third Circuit Court Orders Solvent Debtors to Pay Contract Rate Interest, Make-Whole Fees to Unsecured Creditors

Introduction - On September 10, 2024, the US Court of Appeals for the Third Circuit decided in In re Hertz that although make-whole fees are unmatured interest typically disallowed by section 502(b) of the Bankruptcy Code, a… more

Department of Health and Human Services (HHS), Health Care Providers, Health Savings Accounts, Insurance Regulations, Internal Revenue Code (IRC)

David Kopans

Paying for Direct Primary Care Arrangements With HSAs is Now Permitted – With Caveats

While proposed frequently in Congress over the past few years, the One Big Beautiful Bill Act (OBBBA) has succeeded in revising the rules governing health savings accounts (HSA) in key ways that allow them to be used to pay for… more

Environmental Policies, Plastics, Pollution Control, Recycling, Regulatory Agenda

Jason Kort

EPA's Plastic Pollution Strategy Offers Signal to Industry and Input for State Regulatory Efforts

The US Environmental Protection Agency (EPA) recently unveiled its National Strategy to Prevent Plastic Pollution (Plastic Pollution Strategy), a comprehensive document that outlines voluntary measures and regulatory… more

Disclosure Requirements, Investment Adviser, Investment Advisers Act of 1940, Investment Management, Marketing

Madison Kostelnak

SEC Clarifies When Gross-Only Performance May Be Permissible

The US Securities and Exchange Commission staff (Staff) has issued revised guidance regarding the application of Rule 206(4)-1 under the Investment Advisers Act of 1940, as amended (Marketing Rule), providing flexibility for… more

Anna Kovaleva

European Union Deforestation Regulation: What US Companies Should Know

Due diligence requirements under the Regulation on Deforestation-Free Products (EUDR) will apply starting on December 30, 2024, setting in motion a landmark regulation to prevent products linked to deforestation and forest… more

Due Diligence, Environmental Policies, EU, Exports, Forestry

Zoltán Kozma

NIS2 Directive: The Deadline for the Registration of Entities in Hungary is 30 June 2024

In Hungary, the NIS2 Directive was transposed in May 2023 following the adoption of Act 23 of 2023 on cybersecurity certification and cybersecurity supervision. Under the Hungarian legislation transposing the NIS2 Directive,… more

Cybersecurity, EU, Hungary, Regulatory Requirements

Automatic Renewals, Cancellation Rights, Consumer Protection Laws, Enforcement Actions, Federal Trade Commission (FTC)

Emily Kral

FTC Pauses “Click-to-Cancel” Rule Until July 14

The Federal Trade Commission (FTC) announced on May 9, 2025 that it will delay full implementation of the amended Negative Option Rule and begin enforcing it on July 14, 2025… more

Chevron Deference, Clean Air Act, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Loper Bright Enterprises v Raimondo

Garrett Kral

EPA Proposes to Rescind Landmark Greenhouse Gas Endangerment Finding and Eliminate Mobile Source Emissions Standards for GHGs

Today, August 1, 2025, the US Environmental Protection Agency (EPA) published a controversial proposed rule that, if finalized, would rescind the agency’s landmark 2009 determination that greenhouse gas (GHG) emissions from… more

Andrew Kreisberg

IRS Approves New REIT With No Initial Income or Assets

On October 4, 2024, the Treasury Department released a private letter ruling (PLR 202440007, or the PLR) addressing whether a real estate investment trust (REIT) without any income and assets in its first year of operation… more

Income Taxes, IRS, Private Letter Rulings, Real Estate Investments, REIT

Artificial Intelligence, CFTC, Commodity Exchange Act (CEA), Derivatives, Financial Markets

Judy Krieg

CFTC Issues Advisory on Use of AI in Regulated Markets

The US Commodity Futures Trading Commission (CFTC) issued a nonbinding staff advisory, CFT Letter No. 24-17, to all CFTC-registered entities and registrants concerning the use of artificial intelligence (AI) in CFTC-regulated… more

Lukas Krieger

EU-Wide Corporate Criminal Law: Tightening the Reins

The Council of the European Union recently submitted its proposal in the ongoing legislative process for a new directive to combat corruption in the EU. The new directive will allow the EU to impose worldwide turnover-related… more

Anti-Corruption, Bribery, Corporate Crimes, Corporate Misconduct, Corruption

Artificial Intelligence, Data Privacy, Employee Engagement, Employees, Employer Liability Issues

Ute Krudewagen

Global Employment Trends and What's Ahead: 2024 in Review and 2025 Preview

Global employers are preparing for changes to the labor and employment landscape in 2025, including evolving employee expectations about the role of work in their lives, increasing regulation, growing use of generative AI, and… more

Amgen v Sanofi, Biotechnology, Life Sciences, Patent Litigation, Patent Validity

Susan Krumplitsch

CDR Scanning Offers Hope for Genus Claims for Antibodies

In the landmark Amgen v. Sanofi case (previously covered here), the Supreme Court affirmed that patent claims drawn to a genus of monoclonal antibodies, which were claimed in terms of their function and the epitope to which they… more

Consumer Protection Laws, False Advertising, Litigation Strategies, Manufacturers, Motion to Dismiss

Vidhi Kumar

TOF Testing as a Basis for False Advertising Class Actions Continues to Face Scrutiny

The United States District Court for the Northern District of California dismissed with prejudice a putative class action against The Procter & Gamble Company (P&G) on July 7, 2025, concerning the labeling of its “Tampax Pure… more

Centers for Medicare & Medicaid Services (CMS), Digital Health, Health Care Providers, Healthcare, Medicare

Kristi Kung

Proposed CY 2026 Medicare Physician Fee Schedule Rule Signals Support for Digital Health Advancement

On July 14, 2025, the Centers for Medicare and Medicaid Services (CMS) issued the calendar year (CY) 2026 Medicare Physician Fee Schedule (MPFS) Proposed Rule (Proposed Rule). This client alert focuses on the proposed increased… more

Elyssa Kutner

DOJ Expands Enforcement of Trade Fraud and Tariff Evasion

On July 10, 2025, officials from the US Department of Justice (DOJ) announced a significant shift in DOJ’s strategy for fraud enforcement, consolidating resources from the Criminal Division and the Civil Division to create a new… more

Criminal Prosecution, Department of Justice (DOJ), Enforcement, Fraud, Imports

Board of Directors, Corporate Culture, Corporate Governance, COSO, Financial Institutions

Bianca Jean LaCaille

A Principles-Based Model for Modern Governance: COSO and NACD’s Proposed Corporate Governance Framework

In May 2025, the Committee of Sponsoring Organizations of the Treadway Commission (COSO), in collaboration with the National Association of Corporate Directors (NACD), released a public exposure draft of a new, principles-based… more

Alexandra Lafree

A Growing State of Oversight: How States are Continuing to Reshape (and restrict) Healthcare Transactions and Private Equity Investment in Healthcare in 2025

State governments are increasingly introducing new laws regulating healthcare transactions in an effort to thwart the level of influence that private equity firms and other corporate investors have on healthcare providers. To… more

Acquisitions, Healthcare, Healthcare Reform, Hospitals, Mergers

Affirmative Action, Department of Labor (DOL), Deregulation, Diversity and Inclusion Standards (D&I), Employees

Holly Lake

OFCCP director urges federal contractors to voluntarily report on affirmative action program wind-downs

On June 27, 2025, Director of the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) Catherine Eschbach issued a letter to federal contractors asking them to volunteer information on their efforts to… more

Commercial Real Estate Market, New Legislation, Real Estate Development, Real Estate Investments, REIT

Katie LaKoma

One Big Beautiful Bill Act: Top Points for Real Estate and REITs

President Donald J. Trump signed the legislation commonly known as the “One Big Beautiful Bill” (Tax Act) into law on July 4, 2025. Below are five key takeaways for sponsors and investors in real estate and real estate… more

Board of Directors, Corporate Governance, Disclosure Requirements, Executive Compensation, Investors

Michelle Lara

Observations from the SEC Roundtable on Executive Compensation

The Securities and Exchange Commission (SEC) held its Roundtable on the executive compensation disclosure requirements at its headquarters in Washington, DC on June 26, 2025. Chairman Paul S. Atkins set the tone in his… more

Appeals, Constitutional Challenges, International Emergency Economic Powers Act (IEEPA), International Trade, Judicial Authority

Matthew Larson

Trump Administration Continues Tariff-Driven Trade Policy Despite Legal Challenges

Recent legal challenges to the Trump Administration’s tariff agenda have generated heightened uncertainty within the trade environment, and companies are encouraged to take note. On May 28, 2025, the US Court of International… more

Clean Energy, Department of Defense (DOD), Energy Policy, Energy Sector, Industrial Sector

Doug Lavey

Industrials Regulatory News and Trends - May 2025 #2

Welcome to Industrials Regulatory News and Trends. In this regular bulletin, DLA Piper lawyers provide concise updates on key developments in the industrials sector to help you navigate the ever-changing business, legal, and… more

Rose Le

China Releases First-of-its-kind Compliance Case Handbook for Life Sciences Companies

The Shanghai Administration for Market Regulation (AMR) has released a set of illustrative sample cases under the Compliance Guidelines for Pharmaceutical Companies to Prevent Commercial Bribery Risks (《医药企业防范商业贿赂风险合规指引》)… more

Anti-Corruption, Bribery, China, Compliance, Enforcement

Vanessa Le

Trump Administration Issues America First Investment Policy Memorandum

On February 21, 2025, President Donald Trump issued the America First Investment Policy memorandum (Investment Policy Memo), outlining the US policy on investment security and directing substantial changes with regard to both… more

Artificial Intelligence, CFIUS, China, Economic Sanctions, Executive Orders

Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS), Executive Orders, Food and Drug Administration (FDA), Healthcare

Lisa LeCointe-Cephas

“Making America Healthy Again”: The impact on the FDA, life sciences, and healthcare sectors

President Donald Trump recently issued an Executive Order (EO) establishing the President's Make America Healthy Again (MAHA) Commission. The EO, issued on February 13, 2025, addresses a range of issues, including chronic… more

Andrew Ledbetter

The Commission’s Analysis of Recent Developments in the FPI Population

As discussed in our prior blog posts, on June 4, 2025, the US Securities and Exchange Commission (Commission) published a concept release (Release) soliciting comments on whether to revise the definition of “foreign private… more

Capital Markets, Cayman Islands, China, Foreign Private Issuers, Investors

Artificial Intelligence, Clean Water Act, Data Centers, Department of Energy (DOE), Environmental Policies

Caroline Lee

New White House AI Action Plan and EO Aim to Streamline Environmental Review and Data Center Permitting

DLA Piper’s Artificial Intelligence (AI) and Data Analytics legal and policy team previously issued a client alert analyzing the White House’s unveiling of “Winning the Race: America’s AI Action Plan” (the Action Plan) and its… more

Gina Lee

The Commission’s Analysis of Recent Developments in the FPI Population

As discussed in our prior blog posts, on June 4, 2025, the US Securities and Exchange Commission (Commission) published a concept release (Release) soliciting comments on whether to revise the definition of “foreign private… more

Capital Markets, Cayman Islands, China, Foreign Private Issuers, Investors

Automatic Renewals, California, Cancellation Rights, Consent, Consumer Contracts

Victoria Lee

Preparing for (More) Updates to California’s Automatic Renewal Law

California has passed additional amendments to its Automatic Renewal Law (ARL), which will further strengthen that law’s already stringent requirements and likely present increased class action risk… more

Chemicals, Food and Drug Administration (FDA), Food Contamination, Food Labeling, Food Manufacturers

Kalina Léger?

Food and Beverage News and Trends - October 2024

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. California: Newsom signs three significant food bills. California Governor Gavin… more

Final Rules, Food and Drug Administration (FDA), Healthcare, New Regulations, Over The Counter Drugs (OTC)

Christine Michel Lentz

FDA Issues ACNU Final Rule Establishing New Requirements for Nonprescription Drugs with an Additional Condition for Nonprescription Use

The US Food and Drug Administration (FDA)’s recently issued final rule establishing application, labeling, and postmarketing reporting requirements for a nonprescription drug product with an “additional condition for… more

Department of Health and Human Services (HHS), Health Care Providers, Health Savings Accounts, Insurance Regulations, Internal Revenue Code (IRC)

Lindsey LePlae

Paying for Direct Primary Care Arrangements With HSAs is Now Permitted – With Caveats

While proposed frequently in Congress over the past few years, the One Big Beautiful Bill Act (OBBBA) has succeeded in revising the rules governing health savings accounts (HSA) in key ways that allow them to be used to pay for… more

Cryptocurrency, Digital Assets, Enforcement Actions, Federal Reserve, Financial Services Industry

Sophie Lessar

Blockchain and Digital Assets News and Trends – May 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets. While the use cases for blockchain… more

Artificial Intelligence, Cloud Computing, Competition, Contract Terms, Data Protection

Sophie Levett

Navigating the Future of Cloud Transformation

In a recent webinar forming part of DLA Piper’s ‘Digital Evolution in conversation with’ series, Rami Zayat caught up with Jan Geert Meents, Joanna Sykes-Saavedra and Sophie Levett to discuss the future of cloud transformation… more

Artificial Intelligence, Broker-Dealer, Corporate Governance, Disclosure Requirements, Enforcement Actions

Jason Lewis

SEC Emphasizes Focus on “AI Washing” Despite Perceived Enforcement Slowdown

The US Securities and Exchange Commission (SEC) recently highlighted its continued focus on artificial-intelligence-related misconduct as a key enforcement priority. Speaking on a series of panels at the Securities Enforcement… more

Drones, FCC, Federal Aviation Administration (FAA), Telecommunications, Unmanned Aircraft Systems

Michael Lewis

What to Know About the FCC's Report and Order on Drone Operations in 5 GHz

On August 29, 2024, the Federal Communications Commission (FCC) adopted a Report and Order (R&O) regarding initial rules for drone operations in the 5 GHz spectrum band… more

Asset Management, Banks, Capital Markets, Financial Institutions, Financial Services Industry

Charlotte Lewis-Williams

2025 Global Fund Finance Symposium: Key Trends in the Fund Finance Market

Our Global Fund Finance practice recently sponsored and attended the 2025 Global Fund Finance Symposium. Hosted annually by the Fund Finance Association, these conferences bring together key players in the fund finance market,… more

Administrative Procedure Act, Filing Deadlines, Inter Partes Review (IPR) Proceeding, New Guidance, Patent Applications

Jennifer Librach Nall

How Delayed Notice of Date Accorded Mailings May Affect Inter Partes Review

Inter partes review (IPR) practices have seen significant changes since US Patent and Trademark Office Acting Director Coke Stewart assumed her current role in January 2025. Perhaps the most significant change has been Acting… more

Jason Lin

Games Saw it Coming: Decoding Generative AI Controversy Through the Lens of Play

Artificial intelligence, particularly its generative variant, is rapidly transitioning from a futuristic concept to a present-day disruptor across industries. While it feels like welcome progress when „the algorithm” develops a… more

Algorithms, Artificial Intelligence, Compliance, Copyright, Data Privacy

Financial Services Industry, Internal Revenue Code (IRC), Investment Funds, New Legislation, One Big Beautiful Bill Act

Joshua Lingerfelt

One Big Beautiful Bill Act: Top Points for the Investment Funds Industry

President Donald J. Trump signed the legislation commonly known as the “One Big Beautiful Bill” (Tax Act) into law on July 4, 2025. We explore five key takeaways for fund sponsors, investors, and the broader asset management… more

Department of Labor (DOL), Employee Rights, Enforcement Actions, Labor Reform, Labor Regulations

Harriet Lipkin

NLRB Acting General Counsel Rescinds Dozens of Predecessor’s Directives, Signals New Agency Priorities

The National Labor Relations Board (NLRB) Acting General Counsel (GC) William Cowen issued GC Memo 25-05 to agency personnel in all field offices on February 14, 2025, seeking to refine the allocation of NLRB resources by… more

Christine Liu

China Releases First-of-its-kind Compliance Case Handbook for Life Sciences Companies

The Shanghai Administration for Market Regulation (AMR) has released a set of illustrative sample cases under the Compliance Guidelines for Pharmaceutical Companies to Prevent Commercial Bribery Risks (《医药企业防范商业贿赂风险合规指引》)… more

Anti-Corruption, Bribery, China, Compliance, Enforcement

Corporate Governance, Cybersecurity, Disclosure Requirements, Financial Services Industry, Publicly-Traded Companies

Ron Llewellyn

The Future of the SEC’s Cybersecurity Disclosure Rules

Adopted in July 2023, the US Securities and Exchange Commission (SEC)’s cybersecurity disclosure rules require public companies to report material cybersecurity incidents on Form 8-K and to annually report on their cybersecurity… more

Court of Justice of the European Union (CJEU), Financial Services Industry, Financing, International Tax Issues, Lease Back Transactions

Alberto Lobato

Spain - VAT: VAT Treatment of Sale and Lease-Back Transactions Clarified- Monthly Indirect Tax Alert – January 2025

The Spanish Tax Court clarified that a sale and lease-back transaction carried out between an entity and a bank does not qualify as a supply of goods (here Real Estate) for VAT purposes, but as a financing transaction… more

Carbon Emissions, Climate Change, Energy Sector, Environmental Protection Agency (EPA), Environmental Social & Governance (ESG)

John Loftus

Horizon - ESG Regulatory News and Trends - June 2025

EPA announces details of its reorganization. On May 2, the EPA announced a major reorganization that will eliminate several key offices, including the Office of Atmospheric Protection (OAP), Office of Air Quality Planning and… more

Macarena Longás

Chile: Actualización de los Regímenes Fiscales Preferenciales

El Servicio de Impuestos Internos (SII) publicó la resolución exenta N°30, que contiene la nómina actualizada de territorios o jurisdicciones que poseen un régimen fiscal preferencial, conforme a los criterios de la nueva norma… more

Brazil, Income Taxes, International Tax Issues, Jurisdiction, Tax Liability

Board of Directors, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Executive Compensation

Thais Lopez

Reminders and New Disclosure Requirements for the 2025 Proxy Season

The proxy statement has become an integral component of a public company’s preparation for its annual meeting of shareholders. The rules and regulations under the Securities and Exchange Act of 1934 (the Exchange Act),… more

Manuel López-Zambrana

What the One Big Beautiful Bill Act’s Tax Provisions Mean for Businesses Operating in Puerto Rico

President Donald Trump recently signed into law the bill commonly known as the One Big Beautiful Bill Act (OBBBA). On July 4, 2025, the OBBBA made permanent many of the provisions of the Tax Cuts and Jobs Act of 2017 (TCJA) and… more

CFC, Corporate Taxes, Income Taxes, One Big Beautiful Bill Act, Puerto Rico

AI Act, Biometric Information, Data Privacy, Data Protection, Enforcement Actions

Elisa Lorenzo

Spain: Spanish Data Protection Authority Publishes Annual Report

The Spanish Data Protection Authority (“AEPD“) has published its 2024 annual report, which includes the AEPD’s awareness-raising activities; the collaboration and inspection activities of the Spanish authorities; relevant… more

Alex Lowe

Books to Blockbusters - 6 Key Legal Considerations

This post provides an overview of the six key legal challenges and opportunities to expect in the UK when negotiating to acquire the rights to adapt a book for film or TV… more

Books, Contract Disputes, Contract Terms, Copyright, Copyright Litigation

Contract Terms, Disclosure Requirements, Federal Trade Commission (FTC), Franchise Agreements, Franchises

Bret Lowell

The SBA Franchise Directory is Back

The US Small Business Administration (SBA) has reinstated its SBA Franchise Directory after a two-year hiatus. Widely hailed as a valuable resource by stakeholders, the SBA Franchise Directory is a list of franchisors maintained… more

Anonymization, Consumer Privacy Rights, Data Management, Federal Trade Commission (FTC), Hashtags

Kate Lucente

FTC Reiterates that Hashed and Pseudonymized Data is Still Identifiable Data

The Federal Trade Commission (FTC) reiterated its long-held view that hashing or pseudonymizing identifiers does not render data anonymous, in a post to its Technology Blog on July 24, 2024… more

Rachel Ludwig

A Growing State of Oversight: How States are Continuing to Reshape (and restrict) Healthcare Transactions and Private Equity Investment in Healthcare in 2025

State governments are increasingly introducing new laws regulating healthcare transactions in an effort to thwart the level of influence that private equity firms and other corporate investors have on healthcare providers. To… more

Acquisitions, Healthcare, Healthcare Reform, Hospitals, Mergers

Anonymization, Consumer Privacy Rights, Data Management, Federal Trade Commission (FTC), Hashtags

Lea Lurquin

FTC Reiterates that Hashed and Pseudonymized Data is Still Identifiable Data

The Federal Trade Commission (FTC) reiterated its long-held view that hashing or pseudonymizing identifiers does not render data anonymous, in a post to its Technology Blog on July 24, 2024… more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Italy, Machine Learning

Giacomo Lusardi

Italian AI bill: Main issues and risks

On 23 April, the Italian Council of Ministers passed a bill (AI Bill) aimed at introducing national AI provisions. The main scope is to establish regulatory criteria to balance the opportunities offered by new technologies with… more

Food and Drug Administration (FDA), Intellectual Property Protection, Life Sciences, Patent Litigation, Patent-Eligible Subject Matter

Amy Lydon

Astellas Case Highlights Patent Eligibility Under Section 101 and the Party Presentation Principle

In Astellas Pharma Inc. v. Sandoz Inc., the US Court of Appeals for the Federal Circuit vacated a sua sponte district court ruling that found Astellas’s asserted patent ineligible under Title 35 of the US Code, Section 101. The… more

Drug Pricing, Health Insurance, Healthcare Reform, Inflation Reduction Act (IRA), Medicare

Karina Lynch

Keeping Watch on Medicare: Formulary Assessment Shows Large Declines in Access for Certain Rare Disease Treatments

The Inflation Reduction Act (IRA) changed how drugs are covered and reimbursed in Medicare. It is anticipated that this may lead to more restrictive formularies in drug plans… more

Artificial Intelligence, Australia, Automation Systems, Innovative Technology, Legislative Agendas

John Lyons

Shaping the Future: Australia’s Approach to AI regulation

Recent updates - There is finally some clarity around how artificial intelligence (AI) regulation is going to look in Australia. The Australian Government has released a proposals paper for introducing mandatory guardrails for… more

Corporate Taxes, Employer Responsibilities, Italy, New Guidance, New Legislation

Maria Teresa Madera

Italian Tax Authority Provides Guidance on VAT Treatment of Personnel Secondment Arrangements

Starting from January 2025, staff secondments are subject to VAT even where limited to the mere reimbursement of costs, provided that the relevant payment received qualifies as consideration for a supply of services. This change… more

Florentien Maes

Data Act Frequently Asked Questions Answered by the EU Commission

The EU Data Act is one of the cornerstones of the EU's Data Strategy and introduces a new and horizontal set of rules on data access and use to boost the EU's data economy. Most of the provisions of the Data Act will become… more

Compliance, Data Controller, Data Management, Data Protection, Data Transfers

John Magee

Ireland: GDPR, PIAB, and the Personal Injury Puzzle – The Irish Supreme Court Decides

The Irish Supreme Court, on 24 July 2025, issued a landmark decision offering greater clarity on non-material damages in the context of privacy claims under the General Data Protection Regulation (GDPR). The judgment in Dillon v… more

Appeals, Damages, Data Breach, Data Protection, Ireland

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act

David Magraner-Ortiz

‘Tis the season and past time for a ho-ho-hum approach to Corporate Transparency Act reporting deadline

Time is running out for Corporate Transparency Act (CTA) compliance. The law, which became effective on January 1, 2024, requires certain entities – or “reporting companies” – to disclose information about their beneficial… more

Board of Directors, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Executive Compensation

Amanda Maki

Reminders and New Disclosure Requirements for the 2025 Proxy Season

The proxy statement has become an integral component of a public company’s preparation for its annual meeting of shareholders. The rules and regulations under the Securities and Exchange Act of 1934 (the Exchange Act),… more

James Manzione

IRS Approves New REIT With No Initial Income or Assets

On October 4, 2024, the Treasury Department released a private letter ruling (PLR 202440007, or the PLR) addressing whether a real estate investment trust (REIT) without any income and assets in its first year of operation… more

Income Taxes, IRS, Private Letter Rulings, Real Estate Investments, REIT

California, Department of Justice (DOJ), Endangered Species Act (ESA), Environmental Justice, Environmental Policies

Stephan Maranian

Trump Transition: Updates and Impacts on the Environmental and Regulatory Landscapes

The first month of President Donald Trump’s second term has seen a flurry of Executive Orders (EOs) impacting a swath of agencies, departments, and legislation. The environmental sector has been a particular focus of these… more

Actors, Advertising, Artificial Intelligence, Contract Terms, Employment Contract

Stacy Marcus

2025 SAG-AFTRA Commercials Contracts MOAs Transform in the Digital Age

On April 11, 2025, The Joint Policy Committee, LLC (JPC), led by DLA Piper Partner and Chief Negotiator Stacy Marcus, and the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) reached an… more

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

David Marino

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Emma Marion

FCC Proposes Expanding Use of Spectrum for Satellite Services

The Federal Communications Commission (FCC) is assessing current spectrum allocations and service rules to ensure abundant spectrum is available to support the growing satellite industry, improve broadband access, and maintain… more

Comment Period, FCC, Government Agencies, Licensing Rules, Proposed Rules

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Charlotte Marks

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Craig Martin

SDNY Bankruptcy Court Grants Provisional Chapter 15 Relief to US Entities, Finding COMI in Canada

The US Bankruptcy Court for the Southern District of New York recently issued a ruling in In re Giftcraft Ltd., Case No. 25-11030, granting provisional relief to Giftcraft Ltd. (Giftcraft Canada) – a company organized under the… more

Bankruptcy Code, Bankruptcy Court, Canada, Chapter 15, COMI

Drug Pricing, Health Insurance, Healthcare Reform, Inflation Reduction Act (IRA), Medicare

Margaret Martin

Keeping Watch on Medicare: Formulary Assessment Shows Large Declines in Access for Certain Rare Disease Treatments

The Inflation Reduction Act (IRA) changed how drugs are covered and reimbursed in Medicare. It is anticipated that this may lead to more restrictive formularies in drug plans… more

Breach Notification Rule, Data Breach, Data Privacy, Data Protection, Data Security

Samata Masagee

Thailand: PDPC’s Clarification on Personal Data Breach Notification

Since the full implementation of Thailand’s Personal Data Protection Act (PDPA) in June 2022, the Personal Data Protection Committee (PDPC) has been instrumental in shaping the nation’s data protection framework… more

Breach of Contract, Construction Contracts, Contract Terms, Criminal Prosecution, Federal Contractors

Jessica Ann Masella

Supreme Court Paves The Way for Increased Enforcement by Rejecting “Economic Loss” Requirement for Fraud Charges, Broadening Liability for Mail and Wire Fraud

For the last decade and more, the federal courts have grappled with the precise parameters of the federal wire fraud statute (and analogous criminal statutes). Among other things, there has been a Circuit split for some years… more

Board of Directors, Chile, Corporate Governance, Disclosure Requirements, Financial Institutions

Elisa Matta

Chile: Comisión para el Mercado Financiero Define Nuevos Requisitos para Directores Independientes

La Comisión para el Mercado Financiero (CMF) de Chile publicó la Norma de Carácter General Nº533 (NCG 533) el 12 de marzo de este año, que define requisitos y condiciones para ser considerado director independiente y que regula… more

Anti-Money Laundering, Chile, Financial Crimes, Financial Institutions, Government Agencies

Valentina Maurer

Chile: Key Changes to Constitutional Bank Secrecy Protections

Since 2023, the Chilean Congress has been discussing a bill that creates the Economic Intelligence Subsystem, which would include the Financial Analysis Unit (UAF), the Internal Revenue Service (SII), and the National Customs… more

Agricultural Sector, Canadian Food Inspection Agency (CFIA), Enforcement Actions, Food and Drug Administration (FDA), Food Safety

Sharon Lindan Mayl

Food and Beverage News and Trends - August 2025

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape… more

Molly McBride

Trending in Transactions - Q1 2025

Recent legislation requires that all new 401(k) plans provide automatic enrollment for all eligible participants. However, plans “established” before 2023 are generally exempt. In the mergers and acquisitions (M&A) context,… more

401k, Acquisitions, Compensation & Benefits, Compliance, Employee Benefits

Carbon Emissions, Climate Change, Energy Sector, Environmental Protection Agency (EPA), Environmental Social & Governance (ESG)

Amanda McCaffrey

Horizon - ESG Regulatory News and Trends - June 2025

EPA announces details of its reorganization. On May 2, the EPA announced a major reorganization that will eliminate several key offices, including the Office of Atmospheric Protection (OAP), Office of Air Quality Planning and… more

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Aidan McCormack

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

John McDermott

Federal Circuit Asked to Rethink ITC’s Longstanding Exclusion of Investment Categories for Economic Domestic Industry

A US Court of Appeals for the Federal Circuit panel consisting of Judges Sharon Prost, Richard Taranto, and Raymond Chen recently heard oral argument in Lashify, Inc. v. US International Trade Commission, an appeal from a… more

Appeals, Cosmetics, Enforcement Actions, Foreign Investment, Imports

Compliance, Data Controller, Data Processors, EU, European Data Protection Board (EDPB)

Eilís McDonald

EU: Engaging Vendors in the Financial Sector: EDPB Clarifications Mean More Mapping and Management

The European Data Protection Board (“EDPB“) adopted an opinion on 7 October 2024, providing guidance for data controllers relying on processors (and sub-processors) under the GDPR… more

Algorithms, Artificial Intelligence, Data Privacy, Data Processors, Data Protection

Emer McEntaggart

Ireland: Increased Regulatory Convergence of AI and Data Protection: X Suspends Training of AI Chatbot With EU User Data After Irish Regulator Issues High Court Proceedings

The Irish Data Protection Commission (DPC) has welcomed X’s agreement to suspend its processing of certain personal data for the purpose of training its AI chatbot tool, Grok. This comes after the DPC issued suspension… more

Cyber Incident Reporting, Cybersecurity, Digital Service Providers, EU, New Legislation

James McGachie

Will UK Cyber Reforms Keep Step with NIS2?

Since its announcement during the King’s Speech on 17 July 2024, there has been much anticipation over the contents of the Cyber Security and Resilience Bill (“CS&R Bill“) and in particular the extent to which it will bring the… more

Disclosure Requirements, Investment Adviser, Investment Advisers Act of 1940, Investment Management, Marketing

Jessica McKinney

SEC Clarifies When Gross-Only Performance May Be Permissible

The US Securities and Exchange Commission staff (Staff) has issued revised guidance regarding the application of Rule 206(4)-1 under the Investment Advisers Act of 1940, as amended (Marketing Rule), providing flexibility for… more

Nathaniel McKitterick

Trending in Transactions - Q1 2025

Recent legislation requires that all new 401(k) plans provide automatic enrollment for all eligible participants. However, plans “established” before 2023 are generally exempt. In the mergers and acquisitions (M&A) context,… more

401k, Acquisitions, Compensation & Benefits, Compliance, Employee Benefits

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Commercial Leases

Nicole McLemore

US Bankruptcy Court rules on lease classification for skilled nursing and long-term care facilities

The US Bankruptcy Court for the Western District of Pennsylvania issued a memorandum opinion on November 15, 2024, holding that a real property lease for a skilled nursing, long-term care, and rehabilitation facility should be… more

Cartels, DEA, Department of Justice (DOJ), Enforcement Actions, Financial Crimes

Lauren McNeel

US Treasury Takes on Cartels Part Deux: Combating Cartel-Connected Oil Smuggling Schemes

The US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN), in coordination with the Office of Foreign Assets Control (OFAC), the US Drug Enforcement Administration (DEA), the Federal Bureau of… more

Constitutional Challenges, Dormant Commerce Clause, Due Process, Environmental Litigation, Extended Producer Responsibility (EPR)

Jesse Medlong

Federal Lawsuit Targets Oregon’s Plastic Pollution and Recycling Modernization Act

Oregon’s Plastic Pollution and Recycling Modernization Act (RMA), one of the first extended producer responsibility (EPR) laws implemented in the US, is facing its first challenge in court. The outcome of the suit could have… more

Artificial Intelligence, Cloud Computing, Competition, Contract Terms, Data Protection

Jan Geert Meents

Navigating the Future of Cloud Transformation

In a recent webinar forming part of DLA Piper’s ‘Digital Evolution in conversation with’ series, Rami Zayat caught up with Jan Geert Meents, Joanna Sykes-Saavedra and Sophie Levett to discuss the future of cloud transformation… more

Artificial Intelligence, Data Privacy, Employee Engagement, Employees, Employer Liability Issues

Pilar Menor

Global Employment Trends and What's Ahead: 2024 in Review and 2025 Preview

Global employers are preparing for changes to the labor and employment landscape in 2025, including evolving employee expectations about the role of work in their lives, increasing regulation, growing use of generative AI, and… more

Deborah Meshulam

Blockchain and Digital Assets News and Trends – April 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets. While the use cases for blockchain… more

Blockchain, CFTC, Cryptoassets, Cryptocurrency, Department of Justice (DOJ)

Jan Metelka

Blockchain and Digital Assets News and Trends – January 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets. While the use cases for blockchain… more

Blockchain, CFTC, Chattel, Commodities, Consumer Financial Products

Appeals, Domestic Industry Requirement, International Trade Commission (ITC), Life Sciences, Patent Infringement

Meera Midha

The Federal Circuit Widens The ITC as a Venue for Life Sciences

Federal Circuit reshapes foundational requirements for viability of a case in the ITC - Pharmaceutical and life sciences companies have historically been rare participants before the International Trade Commission (ITC) – in… more

Evan Migdail

Litigation Funding Tax and Retaliatory Tax: Top Points from the Latest JCT Scores

The Joint Committee on Taxation (JCT) on June 22, 2025, released tables providing revenue estimates for provisions of the recent Senate Committee on Finance bill language (JCX-29-25) as well as those of the comparable House bill… more

Excise Tax, Income Taxes, Investment, Investors, IRS

Artificial Intelligence, Clinical Trials, Comment Period, Draft Guidance, Food and Drug Administration (FDA)

Christopher Mikson

Key Takeaways from FDA’s Draft Guidance on Use of AI in Drug and Biological Life Cycle

The US Food and Drug Administration (FDA) recently issued its draft guidance, Considerations for the Use of Artificial Intelligence to Support Regulatory Decision-Making for Drug and Biological Products, on January 6, 2025… more

Affirmative Action, Department of Labor (DOL), Deregulation, Diversity and Inclusion Standards (D&I), Employees

Corey Mirman

OFCCP director urges federal contractors to voluntarily report on affirmative action program wind-downs

On June 27, 2025, Director of the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) Catherine Eschbach issued a letter to federal contractors asking them to volunteer information on their efforts to… more

Artificial Intelligence, Innovative Technology, Legislative Agendas, Machine Learning, New Zealand

Vivian Mitchell

From Innovation to Implementation: Regulating AI in Aotearoa New Zealand

It’s fair to say that Aotearoa New Zealand’s approach to regulation (and empowerment) of the rapid adoption of AI-enabled solutions has been conspicuous in its absence to date. New Zealand’s Privacy Commissioner is the only… more

Curtis Mo

Blockchain and Digital Assets News and Trends – April 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets. While the use cases for blockchain… more

Blockchain, CFTC, Cryptoassets, Cryptocurrency, Department of Justice (DOJ)

Algorithms, Anti-Discrimination Policies, Artificial Intelligence, Automation Systems, Bias

Todd Mobley

Illinois Becomes Second State to Enact AI Law for Employers

On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI). Illinois employers that use any automated tools to make… more

Artificial Intelligence, Clinical Trials, Comment Period, Draft Guidance, Food and Drug Administration (FDA)

Anisa Mohanty

Key Takeaways from FDA’s Draft Guidance on Use of AI in Drug and Biological Life Cycle

The US Food and Drug Administration (FDA) recently issued its draft guidance, Considerations for the Use of Artificial Intelligence to Support Regulatory Decision-Making for Drug and Biological Products, on January 6, 2025… more

Edmund Mokhtarian

Blockchain and Digital Assets News and Trends – July 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets… more

AML/CFT, Blockchain, CFTC, Cryptocurrency, Digital Assets

Vincent Montalto

Maine DEP Extends CUU Designations by Two Years Under PFAS in Products Law

As discussed in our prior alert, Maine’s Department of Environmental Protection (DEP) published a proposed rule prescribing procedures and criteria for determining Currently Unavoidable Uses (CUU) of intentionally added per- and… more

Chemicals, Filing Deadlines, Final Rules, Manufacturers, PFAS

Australia, Biometric Information, Data Collection, Facial Recognition Technology, Office of Australian Information Commissioner (OAIC)

Alexandra Moore

Australia: In-Store Facial Recognition Tech Breached Privacy Act

“Ethically challenging” and “the most intrusive option” – these are some of the words Australia’s Privacy Commissioner used to describe facial recognition technology (FRT), and its use by national hardware retailer Bunnings… more

Automotive Industry, Corporate Restructuring, Debt Restructuring, Financial Distress, Imports

Naomi Moore

President Trump’s “Liberation Day” Tariffs – Should We Prepare for More Financial Distress and Restructuring?

On Wednesday, 2 April 2025, President Trump announced tariffs on nearly all imports to the US. The markets responded with significant falls in both equity and debt markets. Market volatility has continued into this week. Our… more

María José Morales

Chile: Resumen de las Circulares División de Desarrollo Urbano Emitidas por el Ministerio de Vivienda y Urbanismo Durante Febrero y Marzo 2025

Todos los meses, el Ministerio de Vivienda y Urbanismo emite Circulares de la División de Desarrollo Urbano (DDU). A continuación, presentamos un resumen de los aspectos principales de las DDU de los meses de febrero y marzo… more

Building Permits, Chile, Energy Projects, Energy Storage, Infrastructure

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Emma Moran

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Antitrust Litigation, Antitrust Provisions, Biden Administration, Department of Justice (DOJ), Enforcement

Paolo Morante

DOJ and FTC Leadership Discuss New Perspectives on Merger Enforcement

In speeches delivered only a day apart during the first week of June, Bill Rinner, the new Deputy Assistant Attorney General in charge of merger enforcement at the Department of Justice (DOJ), and Commissioner Melissa Holyoak of… more

Ryan Moreno

Understanding the Impact of MOICs on MFN Provisions in Private Credit Transactions

The Most Favored Nation (MFN) provision in a loan agreement is a lender protection mechanism that is typically seen in credit facilities permitting an uncommitted incremental facility. The MFN provision, a term originating from… more

Borrowers, Contract Terms, Debt, Fees, Financial Services Industry

Automotive Industry, Class Action, Discovery, Litigation Strategies, Pharmaceutical Industry

Dani Morrison

Global Trends in Product Liability and Class Action Litigation

Industry and sector developments, risks, and tips to consider in 2025 - Multiple industries are facing common challenges in the product liability and class action space. These may include (1) discovery obligations leading to… more

Australia, Australian Securities Exchange (ASX), Capital Markets, Financing, Initial Public Offering (IPO)

Kelly Morrison

ASX Cross-Listings - An Additional Avenue for Resources Companies to Access Capital and Liquidity

While market conditions continue to be challenging for IPOs, a growing number of listed resources companies from markets such as the TSX are pursuing ASX cross-listings (also known as dual listings). There are a number of… more

Vasili Moshopoulos

US Tariffs on Mexico and Canada Take Effect, with Some Temporary Exceptions – and are Met with Retaliatory Action

Just after midnight on March 4, 2025, President Donald Trump began to implement new tariffs on goods imported from Mexico, Canada, and China – the three largest trading partners of the US, accounting for over 40 percent of US… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Contract Rates

Robert Moskalewicz

Third Circuit Court Orders Solvent Debtors to Pay Contract Rate Interest, Make-Whole Fees to Unsecured Creditors

Introduction - On September 10, 2024, the US Court of Appeals for the Third Circuit decided in In re Hertz that although make-whole fees are unmatured interest typically disallowed by section 502(b) of the Bankruptcy Code, a… more

Lorcan Moylan Burke

Ireland: GDPR, PIAB, and the Personal Injury Puzzle – The Irish Supreme Court Decides

The Irish Supreme Court, on 24 July 2025, issued a landmark decision offering greater clarity on non-material damages in the context of privacy claims under the General Data Protection Regulation (GDPR). The judgment in Dillon v… more

Appeals, Damages, Data Breach, Data Protection, Ireland

Aliyyah Muhammad

FCC Proposes Expanding Use of Spectrum for Satellite Services

The Federal Communications Commission (FCC) is assessing current spectrum allocations and service rules to ensure abundant spectrum is available to support the growing satellite industry, improve broadband access, and maintain… more

Comment Period, FCC, Government Agencies, Licensing Rules, Proposed Rules

Advertising, Artificial Intelligence, Automatic Renewals, Federal Trade Commission (FTC), Machine Learning

Benjamin Mulcahy

Six Advertising Trends for 2025

As the new year begins, creative advertisers and marketers look for new ways to stay current and get ahead by capitalizing on trends… more

Administrative Agencies, Administrative Procedure Act, Appeals, Board of Directors, Chevron Deference

Mariana Muñiz-Lara

Puerto Rico Supreme Court Issues Key Ruling: No Automatic Deference to Administrative Agencies’ Conclusions of Law

Litigants in Puerto Rico now have an easier path to challenge administrative agencies’ determinations after the Puerto Rico Supreme Court (PRSC) ruled in Vázquez v. Consejo de Titulares, 2025 TSPR 56, that courts shall not grant… more

Artificial Intelligence, Clean Water Act, Data Centers, Department of Energy (DOE), Environmental Policies

Michael Nagelberg

New White House AI Action Plan and EO Aim to Streamline Environmental Review and Data Center Permitting

DLA Piper’s Artificial Intelligence (AI) and Data Analytics legal and policy team previously issued a client alert analyzing the White House’s unveiling of “Winning the Race: America’s AI Action Plan” (the Action Plan) and its… more

Shervin Nahid

UK: Data Protection Authority Issues Reprimand to Gambling Operator for Unlawfully Processing Personal Data

On 16 September 2024, the UK’s data protection authority, the Information Commissioner’s Office (ICO), issued a reprimand against Sky Betting and Gaming (SkyBet) for unlawfully processing people’s data through advertising… more

Consent, Cookies, Data Protection, Data Protection Authority, Gambling

Drones, FCC, Federal Aviation Administration (FAA), Telecommunications, Unmanned Aircraft Systems

Raymond Navarro

What to Know About the FCC's Report and Order on Drone Operations in 5 GHz

On August 29, 2024, the Federal Communications Commission (FCC) adopted a Report and Order (R&O) regarding initial rules for drone operations in the 5 GHz spectrum band… more

Corporate Taxes, Covered Transactions, Enforcement Actions, International Tax Issues, New Legislation

Diana Nedelcu

Romania - VAT: Extension of the Applicability of RO e-Invoicing System to B2C Transactions - Monthly Indirect Tax Alert – January 2025

1 January 2025 marked the entry into force of the obligation for Romanian established taxpayers that carry out taxable operations in Romania to report in the Romanian invoicing System the invoices issued in B2C transactions… more

Isla Neil

Google’s U-Turn on Device Fingerprinting: ICO’s Response and Subsequent Guidance

In a December, the Information Commissioner’s Office (ICO) responded to Google’s decision to lift a prohibition on device fingerprinting (which involves collecting and combining information about a device’s software and… more

Advertising, Data Collection, Data Privacy, Data Protection, EU

Martin Nelson-Jones

New Tariffs of the US, the EU and Other Countries – Implications for Transport and Logistics

The global trade landscape is shifting, with tariffs largely being used as strategic instruments in economic and geopolitical competition. In early April 2025, the United States introduced a sweeping new tariff regime,… more

Algorithms, Antitrust Division, Competition, Department of Justice (DOJ), Enforcement Actions

Jeff Neuman

The Preventing Algorithmic Collusion Act: Strike Two

Senator Amy Klobuchar (D-MN) and eight Senate co-sponsors reintroduced “The Preventing Algorithmic Collusion Act” – formerly Senate Bill 3686 – as Senate Bill 232 (S. 232) on January 23, 2025. S. 232 makes no substantive changes… more

Affordable Housing, California, California Coastal Commission, CEQA Reform, Construction Industry

Jerold Neuman

Major pro-housing CEQA reform legislation signed into California law

On June 30, 2025, California Governor Gavin Newsom signed into law Assembly Bill 130 (AB 130) and Senate Bill 131 (SB 131), both of which took effect immediately… more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Business Disputes

Suzannah Newboult

Saudi Arabia and International Arbitration: Modern and Ambitious

The growth of new centers of international arbitration in areas of the world not historically associated with this form of cross-border dispute resolution has been a key trend in the evolution of international arbitration over… more

Cartels, DEA, Department of Justice (DOJ), Enforcement Actions, Financial Crimes

Richard Newcomb

US Treasury Takes on Cartels Part Deux: Combating Cartel-Connected Oil Smuggling Schemes

The US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN), in coordination with the Office of Foreign Assets Control (OFAC), the US Drug Enforcement Administration (DEA), the Federal Bureau of… more

Aviation Industry, Beyond Visual Line Of Sight (BVLOS), Comment Period, Federal Aviation Administration (FAA), Proposed Rules

Marc Nichols

FAA Proposes Comprehensive UAS BVLOS Regulatory Framework: Key Features and Implications

The Federal Aviation Administration (FAA), in coordination with the US Department of Transportation and the Transportation Security Administration (TSA), has issued a Notice of Proposed Rulemaking (NPRM) to establish a… more

Board of Directors, Consolidated Appeals, Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I)

Larry Nishnick

Fifth Circuit Strikes Nasdaq Board Diversity Rules

On December 11, 2024, the United States Court of Appeals for the Fifth Circuit granted the consolidated petitions for review and vacated the order by the Securities and Exchange Commission (SEC) that approved Nasdaq’s rules… more

Alejandro Noblía

Argentina Regulates Framework for Private Placements

On September 18, 2024, the Argentine Securities and Exchange Commission (CNV) issued Resolution No. 1016 (the Resolution), which regulates the country’s framework for the private placement of securities and cross-border… more

Argentina, Employees, Private Placements, Public Offerings, Safe Harbors

Claire O'Brien

European Commission Publishes Guidelines on Obligations for General-purpose AI Models Under the EU AI Act

The European Commission (Commission) adopted its long-anticipated guidelines on the scope of obligations for general-purpose artificial intelligence (GPAI) models under Regulation (EU) 2024/1689 (AI Act) (Guidelines) on July 18,… more

Artificial Intelligence, Compliance, Digital Platforms, Enforcement, EU

CAFC, Claim Construction, Disclaimers, Inter Partes Review (IPR) Proceeding, Life Sciences

Stephanie O'Byrne

What is a “Clear and Unmistakable” Prosecution History Disclaimer?

The Federal Circuit’s March 21, 2025 decision in Maquet Cardiovascular LLC v. Abiomed Inc. et al. (No. 2023-2045) and the recent Patent Trial and Appeal Board (PTAB) Delegated Rehearing Panel decision in SynAffix B.V. v… more

Mark O'Conor

European Commission Publishes Guidelines on Obligations for General-purpose AI Models Under the EU AI Act

The European Commission (Commission) adopted its long-anticipated guidelines on the scope of obligations for general-purpose artificial intelligence (GPAI) models under Regulation (EU) 2024/1689 (AI Act) (Guidelines) on July 18,… more

Artificial Intelligence, Compliance, Digital Platforms, Enforcement, EU

Dennis O'Donnell

Blockchain and Digital Assets News and Trends – July 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets… more

AML/CFT, Blockchain, CFTC, Cryptocurrency, Digital Assets

Sam O'Neill

Dubai International Financial Centre: Updates to the DIFC Protection Laws

The DIFC Data Protection Law No. 5 of 2020 (DIFC Data Protection Law) was amended on 8 July 2025 to introduce several substantive changes… more

Data Privacy, Data Protection, DIFC, Enforcement, International Data Transfers

Sofía O'Ryan

Cartel Enforcement is Evolving Across the Americas. Here Are Three Aspects to Consider

Competition enforcers throughout the Americas focus their efforts to investigate and prosecute antitrust cartels: agreements between competitors to fix prices, rig bids, or allocate markets… more

Antitrust Provisions, Antitrust Violations, Cartels, Competition, Corruption

Chiemeka Onwuanaegbule

IRS Approves New REIT With No Initial Income or Assets

On October 4, 2024, the Treasury Department released a private letter ruling (PLR 202440007, or the PLR) addressing whether a real estate investment trust (REIT) without any income and assets in its first year of operation… more

Income Taxes, IRS, Private Letter Rulings, Real Estate Investments, REIT

Civil Monetary Penalty, Compliance, Corporate Misconduct, Department of Justice (DOJ), Eighth Amendment

Christopher George Oprison

False Claims Act Year in Review: 2024

The US government and private plaintiffs use the False Claims Act (FCA) – a federal statute originally enacted in 1863 in response to defense contractor fraud during the American Civil War – to combat various forms of fraud in… more

California, Climate Change, Corporate Sustainability Reporting Directive (CSRD), Disclosure Requirements, Environmental Social & Governance (ESG)

Isabelle Ord

Horizon - ESG Regulatory News and Trends - July 2025

Welcome to Horizon, DLA Piper’s monthly bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

Board of Directors, Corporate Governance, Delaware General Corporation Law, Fiduciary Duty, International Trade

Christopher Paci

Board Duties in the Face of Business Uncertainty: Navigating a Changing Tariff Landscape

The US government’s “Liberation Day” tariffs, unveiled on April 2, 2025 to force a rebalancing of global trade in favor of the United States, have unleashed significant market volatility and global economic disruption. The… more

Anti-Discrimination Policies, Antitrust Provisions, Discriminatory Intent, Foreign Corporations, Goods or Services

Julian Anglada Pagan

Puerto Rico Department of Consumer Affairs Reactivates its Office Against Discrimination in Commerce

The Puerto Rico Department of Consumer Affairs (DACO, per its acronym in Spanish) reactivated its Office Against Discrimination in Commerce (OADC) in September 2024 to ensure Puerto Rican consumers receive fair and equal… more

Chile, Defined Contribution Plans, Employee Benefits, Employee Contributions, Employer Contributions

Luis Parada

Chile: Inicio del nuevo sistema mixto de pensiones y seguro social

En el marco de la implementación de la Reforma de Pensiones contenida en la Ley N°21.735, el 1 de agosto se dará inicio a la contribución obligatoria de empleadores al nuevo sistema mixto, incrementando en 1% la cotización… more

Board of Directors, Chile, Corporate Governance, Disclosure Requirements, Financial Institutions

Pilar Paredes

Chile: Comisión para el Mercado Financiero Define Nuevos Requisitos para Directores Independientes

La Comisión para el Mercado Financiero (CMF) de Chile publicó la Norma de Carácter General Nº533 (NCG 533) el 12 de marzo de este año, que define requisitos y condiciones para ser considerado director independiente y que regula… more

Automotive Industry, Corporate Restructuring, Debt Restructuring, Financial Distress, Imports

Chris Parker

President Trump’s “Liberation Day” Tariffs – Should We Prepare for More Financial Distress and Restructuring?

On Wednesday, 2 April 2025, President Trump announced tariffs on nearly all imports to the US. The markets responded with significant falls in both equity and debt markets. Market volatility has continued into this week. Our… more

Financial Services Industry, Internal Revenue Code (IRC), Investment Funds, New Legislation, One Big Beautiful Bill Act

David Parrish

One Big Beautiful Bill Act: Top Points for the Investment Funds Industry

President Donald J. Trump signed the legislation commonly known as the “One Big Beautiful Bill” (Tax Act) into law on July 4, 2025. We explore five key takeaways for fund sponsors, investors, and the broader asset management… more

Acquisitions, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

Rita Patel

Trending in Transactions - Q2 2025

President Donald Trump’s Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” and subsequent guidance from the Department of Justice (DOJ) and Equal Employment Opportunity Commission… more

Darren Patz

A Growing State of Oversight: How States are Continuing to Reshape (and restrict) Healthcare Transactions and Private Equity Investment in Healthcare in 2025

State governments are increasingly introducing new laws regulating healthcare transactions in an effort to thwart the level of influence that private equity firms and other corporate investors have on healthcare providers. To… more

Acquisitions, Healthcare, Healthcare Reform, Hospitals, Mergers

Enforcement Actions, EU, International Tax Issues, Netherlands, Online Platforms

Jesse Peeters

Dutch Suppliers – Enhanced Checks on VAT Status of Customers Recommended

When the Dutch entrepreneur receives a purchase order from a customer, they order the same product from a non-EU established merchant (Merchant) via an online platform operated by a non-EU entrepreneur (Platform operator). The… more

Blockchain, Cryptocurrency, Department of Justice (DOJ), Digital Assets, Enforcement Actions

Sophie Péligry

Blockchain and Digital Assets News and Trends – June 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets. While the use cases for blockchain… more

Diego Peña

Chile: Implementación del Plan Nacional de Data Centers (2024-2030)

En el marco de la implementación del Plan Nacional de Data Centers de Chile, se crea el Comité Multi-actor, el que tendrá la tarea de articular a los distintos actores del Estado, sector privado y la sociedad civil para impulsas… more

Chile, Clean Energy, Data Centers, Energy Policy, Environmental Policies

Cloud Computing, Cloud Service Providers (CSPs), Competition, Contract Terms, DATA Act

Linzi Penman

The Digital Decade and Its Transformative Impact on Cloud

The EU is advancing toward its Digital Decade goal of digital transformation by 2030, which includes at least 75% of EU business using cloud-edge technologies for their activities. Meanwhile, one of the cornerstone regulations… more

Canada, Customs and Border Protection, Executive Orders, Imports, International Emergency Economic Powers Act (IEEPA)

Steven Phillips

President Trump’s Sweeping “Reciprocal Tariffs” Executive Order: Key Points

On Wednesday, April 2, 2025, President Donald Trump held a press conference to describe and sign an Executive Order (EO) establishing sweeping “reciprocal tariffs” on nearly all imports to the US, as outlined below… more

Tobias Pielow

EU-Wide Corporate Criminal Law: Tightening the Reins

The Council of the European Union recently submitted its proposal in the ongoing legislative process for a new directive to combat corruption in the EU. The new directive will allow the EU to impose worldwide turnover-related… more

Anti-Corruption, Bribery, Corporate Crimes, Corporate Misconduct, Corruption

Department of Labor (DOL), Employee Rights, Enforcement Actions, Labor Reform, Labor Regulations

Joseph Alan Piesco

NLRB Acting General Counsel Rescinds Dozens of Predecessor’s Directives, Signals New Agency Priorities

The National Labor Relations Board (NLRB) Acting General Counsel (GC) William Cowen issued GC Memo 25-05 to agency personnel in all field offices on February 14, 2025, seeking to refine the allocation of NLRB resources by… more

Food and Drug Administration (FDA), Intellectual Property Protection, Life Sciences, Patent Litigation, Patent-Eligible Subject Matter

Stephanie Piper

Astellas Case Highlights Patent Eligibility Under Section 101 and the Party Presentation Principle

In Astellas Pharma Inc. v. Sandoz Inc., the US Court of Appeals for the Federal Circuit vacated a sua sponte district court ruling that found Astellas’s asserted patent ineligible under Title 35 of the US Code, Section 101. The… more

Blockchain, Cryptocurrency, Department of Justice (DOJ), Digital Assets, Enforcement Actions

Martinho Pires

Blockchain and Digital Assets News and Trends – June 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets. While the use cases for blockchain… more

Damages, Data Breach, Data Protection, EU, General Data Protection Regulation (GDPR)

Jan Pohle

Germany: Update: Judgment on Non-Material Damages for Loss of Control Over Personal Data

In its judgement of November 18, 2024 (case number VI ZR 10/24) the German Federal Court of Justice (Bundesgerichtshof – “BGH”) clarified key legal issues regarding claims for damages under Article 82 GDPR in the event of a mere… more

Court of Justice of the European Union (CJEU), Data Privacy, Data Protection Authority, General Data Protection Regulation (GDPR), Netherlands

Francesca Pole

EU: CJEU Confirms That Legitimate Interests Can Cover Purely Commercial Interests

Introduction - The subject of “legitimate interests” and in particular whether they can be “purely commercial” has been a topic of front and center stage debate in the Netherlands for some time. The Dutch data protection… more

Chemicals, Department of Health and Human Services (HHS), Environmental Policies, Food and Drug Administration (FDA), Food Safety

Vernessa Pollard

Make Our Children Healthy Again Assessment: Unpacking the Report

The Trump Administration released its Make Our Children Healthy Again Assessment on May 22, 2025, documenting its rationale for future policy actions related to chronic disease in children. The report focuses on four key areas:… more

Algorithms, Artificial Intelligence, EU, European Commission, Innovative Technology

Aurelia Pons

Navigating AI Liability Risks

Our webinar explored liability that can be incurred from the creation use or deployment of AI systems and raised some important questions around the current and future regulatory landscape applicable to AI and liability. We also… more

David Pope

State and Local Tax Implications of Tariff Escalations by the Trump Administration

The Trump Administration’s prior announcement of a 10-percent universal tariff and 125-percent tariff on Chinese goods created a widespread impact on both businesses and consumers. In addition to the economic impact of the… more

Acquisitions, Merger Agreements, Mergers, Property Tax, Risk Management

Corporate Taxes, Covered Transactions, Enforcement Actions, International Tax Issues, New Legislation

Cristina Popescu

Romania - VAT: Extension of the Applicability of RO e-Invoicing System to B2C Transactions - Monthly Indirect Tax Alert – January 2025

1 January 2025 marked the entry into force of the obligation for Romanian established taxpayers that carry out taxable operations in Romania to report in the Romanian invoicing System the invoices issued in B2C transactions… more

Department of Health and Human Services (HHS), Drug Pricing, Executive Orders, Medicare, New Regulations

Rachel Portman

President Trump Signs Executive Order to Lower Prescription Drug Costs

President Donald Trump recently signed an Executive Order (EO) aimed at lowering the cost of prescription drugs, titled, “Lowering Drug Prices by Once Again Putting Americans First.” On April 15, 2025, through this EO, the… more

Capital Gains, Capital Gains Tax, Foreign Investment, Internal Revenue Code (IRC), Investment Funds

Luke Postma

Withholding Requirements for Transfers of Venture Capital Fund Interests by Non-US Limited Partners

The secondary market for limited partner interests in venture capital funds has witnessed robust growth in recent years as an increasing number of existing venture fund investors seek an early exit from their positions for one… more

Advertising, Advertising Standards Authority, Disclosure Requirements, False Advertising, Financial Conduct Authority (FCA)

Hannah Potter

ASA Rulings Summary, 13 November 2024 - investment tipples and risqué posters

In recent rulings we have seen the ASA: (i) issue multiple rulings on the advertising of unregulated investments and (ii) reinforce its stance on gender stereotyping and sexual imagery in ads. The ASA has recently been taking… more

Agricultural Sector, Canadian Food Inspection Agency (CFIA), Enforcement Actions, Food and Drug Administration (FDA), Food Safety

Amy Pressman

Food and Beverage News and Trends - August 2025

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape… more

Naomi Pryde

EU Space Act: First Glance at the 2025 Draft

On 25 June 2025, the European Commission has proposed the draft of the EU Space Act. This proposed new law is intended to provide a harmonised regulatory framework at European level from 2030 to ensure safety, resilience, and… more

Cybersecurity, Environmental Policies, EU, Government Agencies, Infrastructure

Court of Justice of the European Union (CJEU), Enforcement Actions, EU, General Data Protection Regulation (GDPR), Personal Data

Radha Pull ter Gunne

EU: CJEU Insight

October has already been a busy month for the Court of Justice of the European Union (“CJEU”), which has published a number of judgments on the interpretation and application of the GDPR, including five important decisions, all… more

Acquisitions, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

Keith Ranta

Trending in Transactions - Q2 2025

President Donald Trump’s Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” and subsequent guidance from the Department of Justice (DOJ) and Equal Employment Opportunity Commission… more

Mark Rasdale

Navigating The EU’s New Digital Regulatory Landscape: What Data Centre Operators and Investors Need to Know

The European Union has ushered in a new era of digital regulation that will significantly impact the data centre industry. With the introduction of the EU Artificial Intelligence Act, the new Network and Information Systems… more

AI Act, Artificial Intelligence, Compliance, Cybersecurity, Data Centers

Ossie Ravid

Top Ten State Tax Considerations for Israeli Companies Operating in the US

Although Israeli companies operating in the US often focus on federal tax concerns, US state and local taxes (SALT) have the potential to significantly increase tax liabilities. For example, if a company does not collect sales… more

Corporate Taxes, Due Diligence, Filing Requirements, Income Taxes, Israel

Artificial Intelligence, Carbon Emissions, Data Centers, Electricity, Energy Sector

Mike Rechtin

Powering AI Data Centers: Government and Industry Leaders Scramble to Develop Energy Infrastructure to Meet Growing Demand

In September 2024, government officials and private industry leaders announced that Three Mile Island, the Pennsylvania power plant that was the site of the nation’s most severe commercial nuclear accident, will be reopened to… more

Armin Redl

Regulatory Challenges in Europe’s Gambling Markets: Insights from DLA Piper’s Event

On 20 January 2025, DLA Piper hosted its annual event where leading lawyers from Europe’s key gambling markets addressed the pressing regulatory challenges and dynamic litigation landscape facing the industry today. The event… more

Advertising, Antitrust Provisions, Class Action, Data Privacy, EU

Carsten Reichel

Juntos - Julho de 2025

Bem-vindo ao Juntos, nosso boletim que explora o desenvolvimento do direito concorrencial nos EUA e na América Latina. Nesta edição, examinamos algumas das principais notícias do segundo trimestre de 2025… more

Acquisitions, Antitrust Provisions, Antitrust Violations, Argentina, Brazil

Cannabis Products, Classification, Controlled Substances, Controlled Substances Act, DEA

Jarred Reiling

HHS to DEA: Marijuana Should Be Schedule III – What This Means for The Cannabis Industry

In a non-public letter sent earlier last week, the US Department of Health and Human Services (HHS) recommended to the US Drug Enforcement Administration (DEA) that marijuana be re-classified under the Controlled Substances Act… more

California, Canada, Climate Change, Environmental Policies, Environmental Social & Governance (ESG)

Melissa Reinckens

Horizon - ESG Regulatory News and Trends - June 2025

Welcome to Horizon, DLA Piper’s monthly bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Tom Reingraber

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Artificial Intelligence, Cyber Crimes, Cyber Threats, Cybersecurity, Data Management

Chris Rennie

Key Insights from the Tech Index 2024 Report

This year, our DLA Piper Tech Index is global, and captures the views of an even wider cross section of organizations working in the technology space. The report itself contains fascinating and granular findings on a range of… more

Zuhair Riaz

Cartels, China, and Fentanyl-Related Illicit Finance

FinCEN report reveals threat patterns and trends for financial institutions to monitor - The Financial Crimes Enforcement Network (FinCEN) of the US Department of the Treasury (Treasury) published a Financial Trend Analysis (FTA… more

Anti-Money Laundering, Cartels, China, Financial Crimes, FinCEN

Amadeu Ribeiro

Juntos - Julho de 2025

Bem-vindo ao Juntos, nosso boletim que explora o desenvolvimento do direito concorrencial nos EUA e na América Latina. Nesta edição, examinamos algumas das principais notícias do segundo trimestre de 2025… more

Acquisitions, Antitrust Provisions, Antitrust Violations, Argentina, Brazil

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Peter Rice

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Artificial Intelligence, Data Privacy, Employee Engagement, Employees, Employer Liability Issues

Victoria Richter

Global Employment Trends and What's Ahead: 2024 in Review and 2025 Preview

Global employers are preparing for changes to the labor and employment landscape in 2025, including evolving employee expectations about the role of work in their lives, increasing regulation, growing use of generative AI, and… more

Court of Justice of the European Union (CJEU), Data Privacy, Data Protection Authority, General Data Protection Regulation (GDPR), Netherlands

Demi Rietveld

EU: CJEU Confirms That Legitimate Interests Can Cover Purely Commercial Interests

Introduction - The subject of “legitimate interests” and in particular whether they can be “purely commercial” has been a topic of front and center stage debate in the Netherlands for some time. The Dutch data protection… more

David Riley

Delaware Bankruptcy Court Clarifies Broad Scope of Fraudulent Transfer Claims

The US Bankruptcy Court for the District of Delaware recently reaffirmed but limited the holding of In re DSI Renal Holdings, LLC, which held that under Third Circuit law, neither debtors nor trustees could bring fraudulent… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Creditors, Debtors

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Enforcement Actions, Executive Orders

Ricardo Brandon Rios

New DOJ Initiative Will Use False Claims Act to Investigate DEI Policies

The Department of Justice (DOJ) has announced its plan to employ the False Claims Act as part of the Trump Administration’s efforts to eliminate illegal diversity, equity, and inclusion (DEI) and diversity, equity, inclusion,… more

Aviation Industry, Beyond Visual Line Of Sight (BVLOS), Comment Period, Federal Aviation Administration (FAA), Proposed Rules

Erin Rivera

FAA Proposes Comprehensive UAS BVLOS Regulatory Framework: Key Features and Implications

The Federal Aviation Administration (FAA), in coordination with the US Department of Transportation and the Transportation Security Administration (TSA), has issued a Notice of Proposed Rulemaking (NPRM) to establish a… more

Ferlillia Roberson

Industrials Regulatory News and Trends - July 2025 #2

Welcome to Industrials Regulatory News and Trends. In this regular bulletin, DLA Piper lawyers provide concise updates on key developments in the industrials sector to help you navigate the ever-changing business, legal, and… more

Automotive Industry, China, Exports, Imports, Industrial Sector

Algorithms, Artificial Intelligence, EU, European Commission, Innovative Technology

Nick Rock

Navigating AI Liability Risks

Our webinar explored liability that can be incurred from the creation use or deployment of AI systems and raised some important questions around the current and future regulatory landscape applicable to AI and liability. We also… more

Philip Rogers

Litigation Funding Tax and Retaliatory Tax: Top Points from the Latest JCT Scores

The Joint Committee on Taxation (JCT) on June 22, 2025, released tables providing revenue estimates for provisions of the recent Senate Committee on Finance bill language (JCX-29-25) as well as those of the comparable House bill… more

Excise Tax, Income Taxes, Investment, Investors, IRS

Amanda Grace Rooney

Trending in Transactions - Q1 2025

Recent legislation requires that all new 401(k) plans provide automatic enrollment for all eligible participants. However, plans “established” before 2023 are generally exempt. In the mergers and acquisitions (M&A) context,… more

401k, Acquisitions, Compensation & Benefits, Compliance, Employee Benefits

Climate Change, Energy Sector, Enforcement Actions, Environmental Justice, Environmental Policies

Jonathan Rose

Horizon - ESG Regulatory News and Trends - April 2025

Trump Administration actions - Trump orders DOJ to stop states from enforcing unconstitutional or preempted climate laws. In a sweeping Executive Order (EO) issued on April 8, President Donald Trump has ordered Attorney General… more

Appellate Courts, Business Litigation, Class Action, Class Certification, Class Members

Connor Rowinski

Supreme Court Declines to Decide Key Class Certification Issue

On June 5, 2025, the US Supreme Court dismissed as improvidently granted a closely watched case that could have clarified whether federal courts may certify damages class actions under Rule 23 when the class includes both… more

Alberto Rubio

How Argentina Reached a Turning Point for Corporate Accountability and Compliance in 2024

In 2024, Argentina experienced a pivotal moment in corporate law enforcement with the first significant application of its Corporate Criminal Liability Law No. 27,401, enacted in 2018. This law holds private entities accountable… more

Anti-Corruption, Argentina, Bribery, Corporate Crimes, Corporate Governance

Consumer Privacy Rights, Corporate Counsel, EU, European Court of Justice (ECJ), General Data Protection Regulation (GDPR)

Andreas Rudiger

EU: ECJ Rules That Competitors Are Entitled to Bring an Injunction Claim Based on an Infringement of the GDPR

Introduction - In its judgement of 04 October 2024 (C-21/23), the European Court of Justice (“ECJ”, “Court”) ruled, that the provisions of Chapter VIII of the GDPR, do not preclude national rules which grant undertakings the… more

Acquisitions, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

James Rusert

Trending in Transactions - Q2 2025

President Donald Trump’s Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” and subsequent guidance from the Department of Justice (DOJ) and Equal Employment Opportunity Commission… more

Australia, Australian Securities Exchange (ASX), Capital Markets, Financing, Initial Public Offering (IPO)

David Ryan

ASX Cross-Listings - An Additional Avenue for Resources Companies to Access Capital and Liquidity

While market conditions continue to be challenging for IPOs, a growing number of listed resources companies from markets such as the TSX are pursuing ASX cross-listings (also known as dual listings). There are a number of… more

Compliance, Corporate Crimes, Corporate Liability, Criminal Liability, Criminal Prosecution

Andrew Sackey

Corporate Criminal Responsibility Set for Reform in the UK: The Crime and Policing Bill

Corporate criminal responsibility in the UK is poised for further reform as the Crime and Policing Bill 2025 (CPB) advances through Parliament. Currently through the House of Commons, and now in the House of Lords, the proposed… more

Andrew Sacks

Accentuate the Positive, Don’t Eliminate the Negative: What a New FTC Case Says About Managing Your Customer Reviews

The Federal Trade Commission (FTC) recently announced a new action and proposed settlement with the telemedicine firm NextMed. The action, which may seem familiar to those who followed FTC advertising cases of years past,… more

Advertising, Compliance, Consumer Protection Laws, Endorsements, Fake Reviews

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Samuel Salako

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Jeff Salinger

Industrials Regulatory News and Trends - July 2025 #2

Welcome to Industrials Regulatory News and Trends. In this regular bulletin, DLA Piper lawyers provide concise updates on key developments in the industrials sector to help you navigate the ever-changing business, legal, and… more

Automotive Industry, China, Exports, Imports, Industrial Sector

Deborah Samenow

A Growing State of Oversight: How States are Continuing to Reshape (and restrict) Healthcare Transactions and Private Equity Investment in Healthcare in 2025

State governments are increasingly introducing new laws regulating healthcare transactions in an effort to thwart the level of influence that private equity firms and other corporate investors have on healthcare providers. To… more

Acquisitions, Healthcare, Healthcare Reform, Hospitals, Mergers

Artificial Intelligence, Executive Orders, Export Controls, Federal Funding, Infrastructure

Tony Samp

White House Unveils US AI Action Plan

On July 23, 2025, the White House released “Winning the Race: America’s AI Action Plan” (Action Plan), which describes itself as a strategic roadmap intended to foster US leadership in AI and “articulate policy recommendations… more

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Alexander Samson

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Ignacio Sanchez

New Tariffs of the US, the EU and Other Countries – Implications for Transport and Logistics

The global trade landscape is shifting, with tariffs largely being used as strategic instruments in economic and geopolitical competition. In early April 2025, the United States introduced a sweeping new tariff regime,… more

Joaquín Santos

Chile Introduces Procedure for Strategic Company Designation and Strike Restrictions

The Ministry of Labor and Social Welfare in Chile recently published Exempt Resolution No. 541, which created a new procedure for identifying corporations or companies in which the right to strike may not be exercised… more

Chile, Employee Rights, Filing Deadlines, Government Agencies, Labor Reform

Alan Sarhan

Industrials Regulatory News and Trends - July 2025 #2

Welcome to Industrials Regulatory News and Trends. In this regular bulletin, DLA Piper lawyers provide concise updates on key developments in the industrials sector to help you navigate the ever-changing business, legal, and… more

Automotive Industry, China, Exports, Imports, Industrial Sector

Corporate Taxes, Denmark, Filing Requirements, Government Agencies, New Guidance

Layal Sarhan

Danish Tax Agency Issues New Guidelines on VAT Refunds for Incorrectly Invoiced Output VAT

On 21 May 2025, the Danish Tax Agency published new guidelines introducing revised administrative practice on the procedure for obtaining VAT refunds in cases involving incorrectly invoiced output VAT. Previously, a refund of… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Contract Terms, Corporate Governance

Matthew Sarna

US Bankruptcy Court Grants Motion to Dismiss LLC Chapter 11 Case for Failure to Obtain Requisite Corporate Filing Authority

The US Bankruptcy Court for the Northern District of Illinois (Bankruptcy Court) recently issued an opinion in In re 301 W North Avenue, LLC, Case No. 24 B 2741 (DDC) [Docket No. 253] (January 6, 2025) granting a secured… more

California, Financial Transactions, Governor Newsom, Governor Vetoes, Health Care Providers

Russell Sass

California Governor Vetoes Further Legislative Efforts to Restrict Healthcare Investments and Management Relationships

On September 28, 2024, California Governor Gavin Newsom vetoed AB 3129, which would have required qualifying private equity groups, hedge funds, and any associated portfolio companies to notify and obtain written consent from… more

Biden Administration, Federal Contractors, Federal Funding, Industrial Sector, Manufacturers

Matthew Satchwell

Industrials Regulatory News and Trends - December 2024

In late November, the United States Court of Appeals for the Sixth Circuit decertified 10 class actions that had accused Nissan of selling cars and SUVs with defective automatic emergency braking systems. The court found it… more

Theresa Sauerwein

New EU Anti-Money Laundering Rules: What to Know

The European Union this year finalized significant revisions to its rules countering money laundering and terrorist financing (the AML Package). In addition to strengthening the existing regulatory framework, the AML Package… more

AML/CFT, Anti-Corruption, Anti-Money Laundering, Corruption, EU

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Oliver Saunders

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Court of Justice of the European Union (CJEU), Enforcement Actions, EU, General Data Protection Regulation (GDPR), Personal Data

Philipp Schmechel LL.M.

EU: CJEU Insight

October has already been a busy month for the Court of Justice of the European Union (“CJEU”), which has published a number of judgments on the interpretation and application of the GDPR, including five important decisions, all… more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Policies

Stephen Schwab

Horizon - ESG Regulatory News and Trends

Welcome to Horizon, DLA Piper’s regular bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

Artificial Intelligence, Data Management, Data Security, Financial Services Industry, FinTech

Matt Schwartz

2025 Private Credit Technology Summit: Perspectives from the Industry

Technology’s role in private credit is expanding, with digital tools, data management, and artificial intelligence (AI) reshaping underwriting, portfolio monitoring, and reporting processes… more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Healthcare Reform, Inflation Reduction Act (IRA), Medicare Part D

Ellen Scordino

Keeping Watch on the Inflation Reduction Act: Medicare Poses Part D Formulary Access Challenges

Key points include access to medicines in medicare is reduced as the IRA is implemented; fewer drugs are covered on Medicare Part D formularies in 2025 relative to 2024; medicines for serious conditions with high unmet needs are… more

Cancer, Dietary Supplements, Enforcement Actions, Federal Bans, Federal Food Drug and Cosmetic Act (FFDCA)

Connor Scott

FDA Bans Red Dye No. 3 Under the Delaney Clause

The US Food and Drug Administration (FDA) has revoked its authorization for the use of FD&C Red No. 3, also known as Red Dye No. 3. Issued on January 15, 2025, the ban will go into effect for food (including dietary supplements)… more

Corporate Misconduct, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities, Financial Crimes

Jeffrey Scott

Long-Awaited DOJ Guidance on White Collar Enforcement Priorities and Policies: Key Takeaways

This guidance follows a number of Executive Orders (EOs) and other memoranda from the DOJ, including (1) the February 10, 2025 EO pausing enforcement of the Foreign Corrupt Practices Act (FCPA) for 180 days, pending the release… more

Annual Reports, Disclosure Requirements, Filing Requirements, Form 10-K, Publicly-Traded Companies

Jeffrey Selman

Updating Form 10-K for Fiscal Year 2024 and Other Reporting Reminders

With calendar year 2024 completed, US public companies with a December 31 fiscal year-end will be working to prepare their annual reports on Form 10-K for filing with the US Securities and Exchange Commission (SEC). Companies… more

Board of Directors, Caremark claim, Corporate Governance, Data Privacy, Delaware

Andrew Serwin

Settlement Reached in Meta Investors Suit Over Privacy Violations: Key Takeaways

Mark Zuckerberg and other current and former Meta Platforms, Inc. (Meta) executives have reached a settlement with a group of Meta shareholders. The parties reached this settlement at the beginning of the second day of an… more

Canada, Customs and Border Protection, Executive Orders, Imports, International Emergency Economic Powers Act (IEEPA)

Mazzen Shalaby

President Trump’s Sweeping “Reciprocal Tariffs” Executive Order: Key Points

On Wednesday, April 2, 2025, President Donald Trump held a press conference to describe and sign an Executive Order (EO) establishing sweeping “reciprocal tariffs” on nearly all imports to the US, as outlined below… more

Commercial Real Estate Market, New Legislation, Real Estate Development, Real Estate Investments, REIT

Steve Sharkey

One Big Beautiful Bill Act: Top Points for Real Estate and REITs

President Donald J. Trump signed the legislation commonly known as the “One Big Beautiful Bill” (Tax Act) into law on July 4, 2025. Below are five key takeaways for sponsors and investors in real estate and real estate… more

Christina Sharma

For Your AIs Only: Agentic AI Steps Out of the Shadows, Part 2

Agentic AI and its ability to perform tasks autonomously on behalf of users, without the regular prompting associated with more traditional AI models, is the new frontier of AI. Many organisations are betting big on the… more

Artificial Intelligence, Automation Systems, Contract Terms, EU, Liability

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Kade Sheely

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Scott Shelley

SDNY Bankruptcy Court Grants Provisional Chapter 15 Relief to US Entities, Finding COMI in Canada

The US Bankruptcy Court for the Southern District of New York recently issued a ruling in In re Giftcraft Ltd., Case No. 25-11030, granting provisional relief to Giftcraft Ltd. (Giftcraft Canada) – a company organized under the… more

Bankruptcy Code, Bankruptcy Court, Canada, Chapter 15, COMI

Asset-Backed Securities, Capital Markets, Financial Markets, Investment Funds, Investment Management

Robert Sherman

Beyond the Balance Sheet - The Future of Private Credit and Fund Finance

The inaugural Beyond the Balance Sheet: The Future of Private Credit and Fund Finance Summit brought together industry leaders to explore key trends shaping private credit and fund finance. Hosted by DLA Piper and Opal, the… more

California, Climate Change, Corporate Sustainability Reporting Directive (CSRD), Disclosure Requirements, Environmental Social & Governance (ESG)

Sanjay Shirodkar

Horizon - ESG Regulatory News and Trends - July 2025

Welcome to Horizon, DLA Piper’s monthly bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

Kirsty Simpson

Company Liability in South Africa: Take Adequate Steps to Prevent Corruption or Face Criminal Prosecution

An amendment to South Africa’s Prevention and Combating of Corrupt Activities Act (PRECCA) in April 2024 has created a new criminal offense relating to the failure by members of the private sector or state-owned entities (SOEs)… more

Anti-Bribery, Anti-Corruption, Bribery, Corporate Misconduct, Corruption

Riley Sissung

US Bankruptcy Court Denies Stalking Horse Bidder’s Motion to Disregard Late Filed Overbids

In re Parkcliffe Development, LLC, Case No. 24-30814 - The US Bankruptcy Court for the Northern District of Ohio in In re Parkcliffe Development, LLC, Case No. 24-30814 (JPG) entered an order on January 28, 2025 denying a… more

Auction, Bankruptcy Code, Bankruptcy Court, Chapter 11, Creditors

Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Due Diligence, Enforcement Actions

Christian Slattery

Private Equity Acquirer Avoids “Unicat-astrophe” Following Voluntary Disclosures to the DOJ

The US Department of Justice (DOJ) announced that it has formally declined to prosecute private equity firm White Deer Management LLC (White Deer) and certain of its affiliates in connection with criminal violations of US… more

Climate Change, Disclosure Requirements, Energy Sector, Environmental Protection Agency (EPA), Environmental Social & Governance (ESG)

Chris Smith

Horizon - ESG Regulatory News and Trends - February 2025

US formally submits notification of withdrawal from Paris Agreement. On January 27, 2025, Dorothy Camille Shea, the US acting ambassador to the United Nations, submitted a notification of withdrawal from the Paris Agreement to… more

Jay Smith

State and Local Tax Implications of Tariff Escalations by the Trump Administration

The Trump Administration’s prior announcement of a 10-percent universal tariff and 125-percent tariff on Chinese goods created a widespread impact on both businesses and consumers. In addition to the economic impact of the… more

Acquisitions, Merger Agreements, Mergers, Property Tax, Risk Management

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Jennifer Smith

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Commercial Real Estate Market, New Legislation, Real Estate Development, Real Estate Investments, REIT

Emily Snyder

One Big Beautiful Bill Act: Top Points for Real Estate and REITs

President Donald J. Trump signed the legislation commonly known as the “One Big Beautiful Bill” (Tax Act) into law on July 4, 2025. Below are five key takeaways for sponsors and investors in real estate and real estate… more

Business Ownership, Climate Change, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

Casey Sobhani

“Greening” Your Leases: The Cornerstone of Climate Resilience and Readiness in Commercial Real Estate

Many large companies have reported that they are not sufficiently prepared to meet emerging climate-risk reporting and verification requirements, or prepared to take advantage of climate-related opportunities, according to a new… more

Pranay Sofet

Customs Agent Ordered to Pay GBP1m in Import VAT Relating to its Customer's Imports

Roseline Logistics Ltd (Roseline) acted as a Customs agent for QP Trading Limited (QPTL) and made 32 import declarations between January and May 2022. Roseline claimed postponed VAT accounting (PVA) on QPTL's behalf in each… more

Customs, Enforcement Actions, Government Agencies, HMRC, Imports

Disclosure Requirements, Investment Adviser, Investment Advisers Act of 1940, Investment Management, Marketing

David Solander

SEC Clarifies When Gross-Only Performance May Be Permissible

The US Securities and Exchange Commission staff (Staff) has issued revised guidance regarding the application of Rule 206(4)-1 under the Investment Advisers Act of 1940, as amended (Marketing Rule), providing flexibility for… more

Contract Terms, Cybersecurity, Data Security, Derivatives, Disclosure Requirements

James Spaulding

ISDA Launches 2025 Notices Hub Protocol: Key Points

The International Swaps and Derivatives Association (ISDA) recently announced the launch of the ISDA Notices Hub and the ISDA 2025 Notices Hub Protocol… more

Greg Sperla

Food and Beverage News and Trends - July 2025 #2

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape… more

Agribusiness, Food & Drug Regulations, Food Safety, Imports, Labeling

Justin Stacy

Microplastics Proposed for Candidate Chemical Listing in California: Key Considerations for Businesses

California’s Department of Toxic Substances Control (DTSC) proposed adding microplastics as a Candidate Chemical to be regulated under the Safer Consumer Products (SCP) program on June 20, 2025. This action and its subsequent… more

California, Chemicals, Environmental Policies, Manufacturers, Pollution Control

Brian Stanton

What's New in 2025 for Global Equity Plans

As we settle into 2025, companies granting equity compensation awards to their employees around the world are encouraged to monitor developments that affect compliance and administration across different jurisdictions. Below,… more

China, Employee Benefits, Employees, Equity Compensation, Germany

Michel Stead

The Chips Are Down – A Look Into Semiconductors and the Automotive Industry

Industries around the world have been hugely affected by global events over the past several years. Wars, famine and water shortages, political unrest and pandemics have all contributed to persistent supply constraints for some… more

Automotive Industry, Electric Vehicles, Electronics, Hardware, Manufacturers

Banking Sector, Banks, Consumer Financial Protection Bureau (CFPB), Cryptoassets, Cryptocurrency

Christopher Steelman

Bank Regulatory News and Trends - May 2025

This regular publication from DLA Piper focuses on helping banking and financial services clients navigate the ever-changing regulatory landscape… more

Appeals, Benefit Plan Sponsors, Class Action, Cunningham v Cornell University, Employee Benefits

Emily Steiner Heck

Supreme Court Opens the Door to Increased ERISA Litigation

The US Supreme Court has issued a unanimous opinion that could lead to an increase in litigation for prohibited transaction claims under the Employee Retirement Income Security Act of 1974, as amended (ERISA)… more

Department of Labor (DOL), Employee Rights, Enforcement Actions, Labor Reform, Labor Regulations

Brittany Stepp

NLRB Acting General Counsel Rescinds Dozens of Predecessor’s Directives, Signals New Agency Priorities

The National Labor Relations Board (NLRB) Acting General Counsel (GC) William Cowen issued GC Memo 25-05 to agency personnel in all field offices on February 14, 2025, seeking to refine the allocation of NLRB resources by… more

Affirmative Action, Department of Labor (DOL), Deregulation, Diversity and Inclusion Standards (D&I), Employees

Dawn Stern

OFCCP director urges federal contractors to voluntarily report on affirmative action program wind-downs

On June 27, 2025, Director of the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) Catherine Eschbach issued a letter to federal contractors asking them to volunteer information on their efforts to… more

Richard Sterneberg

European Commission Publishes Guidelines on Obligations for General-purpose AI Models Under the EU AI Act

The European Commission (Commission) adopted its long-anticipated guidelines on the scope of obligations for general-purpose artificial intelligence (GPAI) models under Regulation (EU) 2024/1689 (AI Act) (Guidelines) on July 18,… more

Artificial Intelligence, Compliance, Digital Platforms, Enforcement, EU

Advertising, Artificial Intelligence, Automatic Renewals, Federal Trade Commission (FTC), Machine Learning

James Stewart

Six Advertising Trends for 2025

As the new year begins, creative advertisers and marketers look for new ways to stay current and get ahead by capitalizing on trends… more

Bureau of Industry and Security (BIS), Compliance Management Systems, Compliance Monitoring, Department of Justice (DOJ), Enforcement Actions

David Stier

Cadence Case Signals DOJ and BIS Priorities in Export Control Compliance

Cadence Design Systems Inc. (Cadence) simultaneously resolved criminal charges brought by the Department of Justice’s (DOJ) National Security Division (NSD) and the United States Attorney for the Northern District of California,… more

Erik Stier

The Long Way Around Purdue: Delaware and New York Courts Rule Nonconsensual Third-Party Releases Permissible Under Chapter 15

The US Bankruptcy Courts for the District of Delaware and the Southern District of New York recently issued decisions that (1) highlight the difference between relief available under chapter 11 and chapter 15 and (2) provide… more

Bankruptcy Code, Bankruptcy Court, Chapter 15, Comity, International Litigation

Gareth Stokes

Latest Wave of Obligations Under the EU AI Act Take Effect: Key Considerations

The first comprehensive legal framework for artificial intelligence (AI), Regulation (EU) 2024/1689 (the EU AI Act), entered into force last year. Rather than taking immediate effect, the harmonized rules on AI under the Act… more

Artificial Intelligence, Compliance Dates, Enforcement, EU, Machine Learning

Gray Stratton

SEC Targets Investment Adviser Cherry-picking in Recent Enforcement Actions

The US Securities and Exchange Commission (SEC) has sharpened its focus on “cherry-picking,” a practice in which investment advisers allocate profitable trades to favored accounts – sometimes their own – while assigning less… more

Cherry Picking, Compliance, Enforcement Actions, Fraud, Investment Adviser

Anti-Dumping Duty, Corporate Counsel, Customs and Border Protection, Enforcement Actions, False Claims Act (FCA)

Jason Strojny

Ninth Circuit Holds Private Parties Can Bring Claims Against Importers Under the False Claims Act for Antidumping Duty Evasion

The United States Court of Appeals for the Ninth Circuit has issued a significant ruling with potentially far-reaching consequences for companies that import merchandise, including but not limited to those subject to antidumping… more

Megan Sturgeon

Company Liability in South Africa: Take Adequate Steps to Prevent Corruption or Face Criminal Prosecution

An amendment to South Africa’s Prevention and Combating of Corrupt Activities Act (PRECCA) in April 2024 has created a new criminal offense relating to the failure by members of the private sector or state-owned entities (SOEs)… more

Anti-Bribery, Anti-Corruption, Bribery, Corporate Misconduct, Corruption

Carbon Emissions, Climate Change, Compliance, Corporate Governance, Corporate Social Responsibility

John Sullivan

Horizon - ESG Regulatory News and Trends - September 2024

Welcome to Horizon, DLA Piper’s regular bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

Appellate Courts, Foreign Official, Foreign Sovereign Immunities Act of 1976 (FSIA), International Litigation, Jurisdiction

Charlene Sun

Second Circuit Addresses Interplay Between Foreign Official Immunity and the FSIA

In Samantar v. Yousuf, the US Supreme Court held that foreign officials, when sued in their individual capacity, are subject to immunity under a similar, but different set of rules that govern lawsuits against foreign states… more

Department of Health and Human Services (HHS), Health Care Providers, Health Savings Accounts, Insurance Regulations, Internal Revenue Code (IRC)

Erin Sweeney

Paying for Direct Primary Care Arrangements With HSAs is Now Permitted – With Caveats

While proposed frequently in Congress over the past few years, the One Big Beautiful Bill Act (OBBBA) has succeeded in revising the rules governing health savings accounts (HSA) in key ways that allow them to be used to pay for… more

Artificial Intelligence, Cloud Computing, Competition, Contract Terms, Data Protection

Joanna Sykes-Saavedra

Navigating the Future of Cloud Transformation

In a recent webinar forming part of DLA Piper’s ‘Digital Evolution in conversation with’ series, Rami Zayat caught up with Jan Geert Meents, Joanna Sykes-Saavedra and Sophie Levett to discuss the future of cloud transformation… more

Paulo Takafuji

Brazil - VAT: Approval of the Supplementary Law on Tax Reform - Monthly Indirect Tax Alert – January 2025

On 16 January 2025, the President ratified Supplementary Law No. 214/2025, marking a significant step in Brazilian tax reform. This new law outlines the framework for the IBS, the CBS, and IS, while also establishing the IBS… more

Brazil, Corporate Taxes, International Tax Issues, Tax Credits, Tax Exemptions

California, Climate Change, Corporate Sustainability Reporting Directive (CSRD), Disclosure Requirements, Environmental Social & Governance (ESG)

Margo Tank

Horizon - ESG Regulatory News and Trends - July 2025

Welcome to Horizon, DLA Piper’s monthly bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

Artificial Intelligence, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, Investors

Darryl Tarver

DOJ and SEC Send Warning on “AI Washing” with Charges Against Technology Startup Founder

The US Department of Justice (DOJ) announced a criminal indictment and the Securities and Exchange Commission (SEC) announced a civil complaint against the founder and former CEO of an e-commerce technology startup. DOJ and SEC… more

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Leon Taylor

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Rachel Taylor

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

BEA, Business Ownership, Disclosure Requirements, Filing Deadlines, Filing Requirements

Abby Thompson

BE-10 Filing Required for US Companies with Ownership in Non-US Businesses: Due May 30, 2025

The US Department of Commerce’s Bureau of Economic Analysis (BEA) conducts a mandatory BE-10 survey of US investments abroad every five years to produce key economic and statistical reports on the scale and effects of US-owned… more

Christopher Thompson

Belgian VAT Authorities Publish New Circular Letter Regarding Late Input VAT Recovery

Seven years after relevant judgments from the CJEU, the Belgian VAT authorities now (broadly) allow the recovery of input VAT beyond the standard Belgian limitation period of three years, subject however to strict conditions… more

Belgium, EU, Filing Deadlines, New Guidance, Penalties

Capital Gains, Capital Gains Tax, Foreign Investment, Internal Revenue Code (IRC), Investment Funds

Christopher Thorson

Withholding Requirements for Transfers of Venture Capital Fund Interests by Non-US Limited Partners

The secondary market for limited partner interests in venture capital funds has witnessed robust growth in recent years as an increasing number of existing venture fund investors seek an early exit from their positions for one… more

Capital Markets, Chile, Disclosure Requirements, Financial Markets, Financial Services Industry

Jorge Timmermann

Chile: Comisión Para el Mercado Financiero Crea el Manual de Sistemas de Información de Fondos

El 28 de febrero de 2025, la Comisión para el Mercado Financiero (CMF) emitió la Norma de Carácter General N°532 (NCG 532), que crea el Manual de Sistemas de Información de Fondos y establece la forma, periodicidad y medio a… more

Algorithms, Artificial Intelligence, Bias, Disparate Impact, Enforcement Actions

Danny Tobey

State Action Targets Use of Biased AI Underwriting Models: Key Points

On July 10, 2025, the Massachusetts Attorney General announced a $2.5 million settlement with Earnest Operations, a student loan company, for allegedly failing to mitigate risks of disparate harms to Black, Hispanic, and… more

Contract Terms, Disclosure Requirements, Federal Trade Commission (FTC), Franchise Agreements, Franchises

Erica Tokar

The SBA Franchise Directory is Back

The US Small Business Administration (SBA) has reinstated its SBA Franchise Directory after a two-year hiatus. Widely hailed as a valuable resource by stakeholders, the SBA Franchise Directory is a list of franchisors maintained… more

Carbon Emissions, Climate Change, Compliance, Corporate Governance, Corporate Social Responsibility

Rachel Toker

Horizon - ESG Regulatory News and Trends - September 2024

Welcome to Horizon, DLA Piper’s regular bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more

California, Compliance, Environmental Policies, Extended Producer Responsibility (EPR), Manufacturers

Katrina Tomecek

Producer Obligations Under EPR Laws: Exploring Alternatives to PRO Participation

A defining feature of the extended producer responsibility (EPR) laws emerging across the United States is the expectation that producers join a statewide producer responsibility organization (PRO). But for some producers,… more

Inna Torres

Understanding the Impact of MOICs on MFN Provisions in Private Credit Transactions

The Most Favored Nation (MFN) provision in a loan agreement is a lender protection mechanism that is typically seen in credit facilities permitting an uncommitted incremental facility. The MFN provision, a term originating from… more

Borrowers, Contract Terms, Debt, Fees, Financial Services Industry

Jade Toth

Purdue Appeals Federal Circuit Obviousness Decision to the Supreme Court

Purdue Pharma (Purdue) has filed a petition for a writ of certiorari challenging a recent Federal Circuit decision upholding the invalidation of several Purdue patents on grounds of obviousness… more

Appeals, Generic Drugs, Obviousness, Patent Applications, Patent Invalidity

Corporate Misconduct, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities, Financial Crimes

Jeffrey Tsai

Long-Awaited DOJ Guidance on White Collar Enforcement Priorities and Policies: Key Takeaways

This guidance follows a number of Executive Orders (EOs) and other memoranda from the DOJ, including (1) the February 10, 2025 EO pausing enforcement of the Foreign Corrupt Practices Act (FCPA) for 180 days, pending the release… more

Corporate Counsel, Department of Justice (DOJ), Employment Contract, Enforcement Priorities, Federal Trade Commission (FTC)

Daniel Turinsky

Federal Crackdown on Worker Mobility Restrictions Continues Despite Early Setbacks

Throughout the Biden Administration, worker mobility has been a touchstone of federal antitrust enforcement priorities. Despite several previous and well-publicized setbacks, federal agencies continue to pursue enforcement and… more

Sam Tyner-Monroe

Landmark AI Framework Sets New Standard for Tackling Algorithmic Bias

The Institute of Electrical and Electronics Engineers (IEEE) recently released IEEE 7003-2024, “Standard for Algorithmic Bias Considerations,” a landmark framework designed to assist organizations in addressing bias in… more

Algorithms, Artificial Intelligence, Bias, Corporate Counsel, Data Privacy

Carol Umhoefer

Industrials Regulatory News and Trends - April 2025 #2

Welcome to Industrials Regulatory News and Trends. In this regular bulletin, DLA Piper lawyers provide concise updates on key developments in the industrials sector to help you navigate the ever-changing business, legal, and… more

Automotive Industry, California, Clean Air Act, Clean Energy, Energy Projects

China, Executive Orders, Foreign Direct Investment, Foreign Tax Credits, Income Taxes

Carlos Vaca Valverde

US Tax and Trade Policy Developments: Potential Implications for Foreign Tax Credits, the State of the Budget Resolution, and Tariff Changes

Last week, President Donald Trump issued two Executive Orders (EOs) that address digital services taxes enacted by international trading partners and income taxes paid by US taxpayers to the People’s Republic of China (PRC),… more

Appeals, Domestic Industry Requirement, International Trade Commission (ITC), Life Sciences, Patent Infringement

Daniel Valencia

The Federal Circuit Widens The ITC as a Venue for Life Sciences

Federal Circuit reshapes foundational requirements for viability of a case in the ITC - Pharmaceutical and life sciences companies have historically been rare participants before the International Trade Commission (ITC) – in… more

Constitutional Challenges, FCC, Government Agencies, Judicial Authority, Non-Delegation Doctrine

Sergio Filipe Zanutta Valente

Supreme Court Upholds FCC’s Universal Service Fund Authority

On June 27, 2025, the United States Supreme Court decided FCC v. Consumers’ Research, Nos. 24-354 & 24-422, upholding the constitutionality of the federal “universal service” statute, which establishes a Universal Service Fund… more

Artificial Intelligence, Innovative Technology, Legislative Agendas, Machine Learning, New Zealand

Nick Valentine

From Innovation to Implementation: Regulating AI in Aotearoa New Zealand

It’s fair to say that Aotearoa New Zealand’s approach to regulation (and empowerment) of the rapid adoption of AI-enabled solutions has been conspicuous in its absence to date. New Zealand’s Privacy Commissioner is the only… more

Business Taxes, Compliance, International Tax Issues, New Legislation, New Regulations

Ton van Doremalen

Saudi Arabia Amends the VAT Implementing Regulations

On 18 April 2025, Saudi Arabia’s Zakat, Tax and Customs Authority (ZATCA) published amendments to the VAT Implementing Regulations. Key changes include stricter VAT group formation criteria, new deemed supplier rules for… more

Court of Justice of the European Union (CJEU), Data Privacy, Data Protection Authority, General Data Protection Regulation (GDPR), Netherlands

Richard van Schaik

EU: CJEU Confirms That Legitimate Interests Can Cover Purely Commercial Interests

Introduction - The subject of “legitimate interests” and in particular whether they can be “purely commercial” has been a topic of front and center stage debate in the Netherlands for some time. The Dutch data protection… more

CAFC, Claim Construction, Disclaimers, Inter Partes Review (IPR) Proceeding, Life Sciences

Peter VandeVort

What is a “Clear and Unmistakable” Prosecution History Disclaimer?

The Federal Circuit’s March 21, 2025 decision in Maquet Cardiovascular LLC v. Abiomed Inc. et al. (No. 2023-2045) and the recent Patent Trial and Appeal Board (PTAB) Delegated Rehearing Panel decision in SynAffix B.V. v… more

Business Taxes, Compliance, International Tax Issues, New Legislation, New Regulations

Nils Vanhassel

Saudi Arabia Amends the VAT Implementing Regulations

On 18 April 2025, Saudi Arabia’s Zakat, Tax and Customs Authority (ZATCA) published amendments to the VAT Implementing Regulations. Key changes include stricter VAT group formation criteria, new deemed supplier rules for… more

Asset Recovery, Expropriation, Foreign Sovereign Immunities Act of 1976 (FSIA), Foreign Sovereigns, International Arbitration

Gina Varvaro

DC Circuit Settles Scope of the Expropriation Exception to Sovereign Immunity Under the Foreign Sovereign Immunities Act

In its recent decision in Agudas Chasidei Chabad of United States v. Russian Federation, the US Court of Appeals for the DC Circuit clarified the rules surrounding the “expropriation exception” to sovereign immunity under the… more

Basel Committee on Banking Supervision (BCBS), Capital Markets, Collateralized Loan Obligations, Financial Institutions, Financial Regulatory Reform

Kos Vavelidis

FSB Publishes Final Report on G20 reforms: Focus on CLO Market

The final report by the Financial Stability Board (FSB) on its evaluation of the effects of the G20 Financial Regulatory Reforms on Securitization was published on January 22, 2025. The report focuses on the International… more

Compensation & Benefits, Compliance, Employee Benefits, Employer Responsibilities, Equity Compensation

Jason Veit

Employers: 2025 Deadlines Approach to Furnish Incentive Stock Option and Employee Stock Purchase Plan Information Statements and Returns

Section 6039 of the Internal Revenue Code (Code) requires a corporation to furnish a written statement to any employee or former employee who either (i) exercised an incentive stock option within the meaning of Section 422 of… more

Books & Records, Controlling Stockholders, Corporate Counsel, Corporate Governance, Delaware

Jon Venick

Amendments to Delaware General Corporation Law Expand Safe Harbor for Controlling Stockholder Transactions and Circumscribe Books and Records Demand Obligations

The Governor of Delaware has signed into law Senate Bill 21 (SB 21), which amends certain sections of the Delaware General Corporation Law (DGCL) governing controlling stockholder transactions under DGCL Section 144 and… more

Simon Verschaeve

Data Act Frequently Asked Questions Answered by the EU Commission

The EU Data Act is one of the cornerstones of the EU's Data Strategy and introduces a new and horizontal set of rules on data access and use to boost the EU's data economy. Most of the provisions of the Data Act will become… more

Compliance, Data Controller, Data Management, Data Protection, Data Transfers

Per Vestergaard Pedersen

New Tariffs of the US, the EU and Other Countries – Implications for Transport and Logistics

The global trade landscape is shifting, with tariffs largely being used as strategic instruments in economic and geopolitical competition. In early April 2025, the United States introduced a sweeping new tariff regime,… more

Martín Villalobos

Chile: Implementación del Plan Nacional de Data Centers (2024-2030)

En el marco de la implementación del Plan Nacional de Data Centers de Chile, se crea el Comité Multi-actor, el que tendrá la tarea de articular a los distintos actores del Estado, sector privado y la sociedad civil para impulsas… more

Chile, Clean Energy, Data Centers, Energy Policy, Environmental Policies

Acquisitions, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

Austin Vincenzini

Trending in Transactions - Q2 2025

President Donald Trump’s Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” and subsequent guidance from the Department of Justice (DOJ) and Equal Employment Opportunity Commission… more

Aalok Virmani

IRS Approves New REIT With No Initial Income or Assets

On October 4, 2024, the Treasury Department released a private letter ruling (PLR 202440007, or the PLR) addressing whether a real estate investment trust (REIT) without any income and assets in its first year of operation… more

Income Taxes, IRS, Private Letter Rulings, Real Estate Investments, REIT

Anti-Money Laundering, Artificial Intelligence, Blockchain, Consumer Financial Protection Bureau (CFPB), Cryptocurrency

Marceau Visano

Blockchain and Digital Assets News and Trends – March 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets. While the use cases for blockchain… more

Anti-Money Laundering, Chile, Financial Crimes, Financial Institutions, Government Agencies

Jaime Viveros

Chile: Key Changes to Constitutional Bank Secrecy Protections

Since 2023, the Chilean Congress has been discussing a bill that creates the Economic Intelligence Subsystem, which would include the Financial Analysis Unit (UAF), the Internal Revenue Service (SII), and the National Customs… more

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Tom Voice

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Advertising, Appeals, Consent, Cookies, Court of Justice of the European Union (CJEU)

Heidi Waem

EU: Brussels Court of Appeal Rules on IAB Europe and the TC String – Implications for GDPR Compliance

On 14 May 2025, the Brussels Court of Appeal (Market Court) delivered the long-awaited judgement in the case concerning the Transparency & Consent Framework (“TCF”) (case no. 2022/AR/292). The Court largely upheld the findings… more

Antitrust Litigation, Antitrust Provisions, Biden Administration, Department of Justice (DOJ), Enforcement

Amanda Wait

DOJ and FTC Leadership Discuss New Perspectives on Merger Enforcement

In speeches delivered only a day apart during the first week of June, Bill Rinner, the new Deputy Assistant Attorney General in charge of merger enforcement at the Department of Justice (DOJ), and Commissioner Melissa Holyoak of… more

Anti-Corruption, Department of Justice (DOJ), Enforcement Actions, Executive Orders, False Claims Act (FCA)

Sarah Walsh

How FCPA and FCA Enforcement Could Change Under President Trump

To date, President Donald Trump has signed close to 100 Executive Orders (EOs) that signal the Trump Administration’s policies and key priorities, including objectives related to corporate crime and international trade and the… more

Asset Recovery, Expropriation, Foreign Sovereign Immunities Act of 1976 (FSIA), Foreign Sovereigns, International Arbitration

Joshua Wan

DC Circuit Settles Scope of the Expropriation Exception to Sovereign Immunity Under the Foreign Sovereign Immunities Act

In its recent decision in Agudas Chasidei Chabad of United States v. Russian Federation, the US Court of Appeals for the DC Circuit clarified the rules surrounding the “expropriation exception” to sovereign immunity under the… more

Capital Markets, Debt Restructuring, Financial Services Industry, Interest Rates, Investment

Heather Waters Borthwick

Private Credit Market Trends: Insights From the Debtwire Private Credit Forum

Several members of DLA Piper’s Private Credit team recently attended the Debtwire Private Credit Forum, which brought together industry participants for in-depth discussions concerning the current landscape and future trends in… more

W. Kurtis Weaver

Trending in Transactions - Q1 2025

Recent legislation requires that all new 401(k) plans provide automatic enrollment for all eligible participants. However, plans “established” before 2023 are generally exempt. In the mergers and acquisitions (M&A) context,… more

401k, Acquisitions, Compensation & Benefits, Compliance, Employee Benefits

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Rik van Weenen

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Corporate Taxes, Excise Tax, Internal Revenue Code (IRC), Investment Funds, Investors

John Wei

House Passes Sweeping Tax Bill: Top Points for the Investment Funds Industry

On May 22, 2025, the House of Representatives passed a tax bill with some limited amendments (House Tax Bill). The House Tax Bill will now head to the Senate, where additional amendments could be made. Below, we outline five… more

Centers for Medicare & Medicaid Services (CMS), Medicare, Mental Health, MPFS, Physician Fee Schedule

Theresa Weir

CMS Proposes New Behavioral Health Integration Add-on Codes for APCM Services in CY 2026 MPFS

The Centers for Medicare and Medicaid Services (CMS) issued the calendar year (CY) 2026 Medicare Physician Fee Schedule (MPFS) Proposed Rule (Proposed Rule) on July 14, 2025. The Proposed Rule includes important proposals to… more

Agribusiness, California, Food and Drug Administration (FDA), Food Safety, New Legislation

John Wellschlager

Food and Beverage News and Trends - June 2025 #3

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. The FDA is seeking public comment on a proposed method for ranking chemicals in the… more

Corporate Misconduct, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities, Financial Crimes

Carlton Wessel

Long-Awaited DOJ Guidance on White Collar Enforcement Priorities and Policies: Key Takeaways

This guidance follows a number of Executive Orders (EOs) and other memoranda from the DOJ, including (1) the February 10, 2025 EO pausing enforcement of the Foreign Corrupt Practices Act (FCPA) for 180 days, pending the release… more

California, Carbon Emissions, Climate Change, Emissions Trading System, Environmental Policies

Andrew Westgate

All Eyes on Carbon Markets Amid Belated Progress and Domestic Challenges

Trading in greenhouse gas (GHG) emissions and reductions has long been touted as a way of leveraging market forces to tackle climate change in the most cost-effective manner, and 2025 may put that theory to the test amid… more

Capital Gains, Capital Gains Tax, Foreign Investment, Internal Revenue Code (IRC), Investment Funds

Mel Wheaton

Withholding Requirements for Transfers of Venture Capital Fund Interests by Non-US Limited Partners

The secondary market for limited partner interests in venture capital funds has witnessed robust growth in recent years as an increasing number of existing venture fund investors seek an early exit from their positions for one… more

Biometric Information, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Cryptocurrency, Data Brokers

David Whitaker

Digital Transformation: eSignature and ePayment News and Trends - November/December 2024

Today’s ever-shifting business environment means that consumers, businesses, employers, and employees all expect to transact digitally. To remain efficient and competitive, companies must digitally transform their businesses… more

Anti-Competitive, Artificial Intelligence, Bid Rigging, Competition, Enforcement Actions

Alistair White

CMA Unveils AI-Powered Tool to Combat Bid-Rigging in Public Procurement

On 5 January 2025, the Competition and Markets Authority (CMA) announced the trial of an artificial intelligence (AI) tool designed to detect collusion in public procurement by scanning and analysing bidding data at scale… more

Department of Defense (DOD), Export Controls, Final Rules, Foreign Policy, Government Agencies

Dilan Wickrema

DDTC Issues Final Rule Amending the ITAR

The United States Department of State’s Directorate of Defense Trade Controls (DDTC) issued a final rule on July 7, 2025 that immediately amended the International Traffic in Arms Regulations (ITAR)… more

Chevron Deference, Clean Air Act, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Loper Bright Enterprises v Raimondo

Paul Wierenga

EPA Proposes to Rescind Landmark Greenhouse Gas Endangerment Finding and Eliminate Mobile Source Emissions Standards for GHGs

Today, August 1, 2025, the US Environmental Protection Agency (EPA) published a controversial proposed rule that, if finalized, would rescind the agency’s landmark 2009 determination that greenhouse gas (GHG) emissions from… more

Garanique Williams

Georgia Enacts Sweeping Tort Reform and Litigation Funding Laws

Georgia Governor Brian Kemp has signed Georgia Senate Bills 68 and 69 into law, enacting the most significant overhaul of Georgia’s tort system since 2005. The laws, enacted on April 21, 2025, are consequential for the product… more

Attorney's Fees, Damages, Discovery, Georgia, Litigation Funding

James Williams

Blockchain and Digital Assets News and Trends – January 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets. While the use cases for blockchain… more

Blockchain, CFTC, Chattel, Commodities, Consumer Financial Products

Automotive Industry, Class Action, Discovery, Litigation Strategies, Pharmaceutical Industry

Raymond Williams

Global Trends in Product Liability and Class Action Litigation

Industry and sector developments, risks, and tips to consider in 2025 - Multiple industries are facing common challenges in the product liability and class action space. These may include (1) discovery obligations leading to… more

Asset-Backed Securities, Capital Markets, Financial Markets, Investment Funds, Investment Management

Jamila Justine Willis

Beyond the Balance Sheet - The Future of Private Credit and Fund Finance

The inaugural Beyond the Balance Sheet: The Future of Private Credit and Fund Finance Summit brought together industry leaders to explore key trends shaping private credit and fund finance. Hosted by DLA Piper and Opal, the… more

Brian Wilmot

Blockchain and Digital Assets News and Trends – July 2025

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets… more

AML/CFT, Blockchain, CFTC, Cryptocurrency, Digital Assets

Commercial Insurance Policies, Consumer Insurance Products, D&O Insurance, Insurance Contracts, Insurance Investment Products

Anneke Wilson

Global Insurance Updates: Topical issues and news from the international insurance markets - December 2024

Welcome to the third edition of Global Insurance Updates, a publication from our international insurance team that brings you insights into the latest legal developments across global insurance markets. This edition highlights… more

Data Centers, Energy Sector, Environmental Policies, Infrastructure, Legislative Agendas

Brian Winterhalter

Recent Legislative and Local Actions Affecting Data Center Development in Virginia

After a number of data center-related bills were filed at the outset of its 2024 session, the Virginia General Assembly directed its Joint Legislative Audit and Review Committee (JLARC) to study the effects of data center… more

Joseph Wolfe

Patenting Quantum Computing: Challenges, Trends, and Future Prospects

Predictions about the arrival of fault-tolerant quantum computing and commercially viable quantum computing vary widely. Some experts estimate that within the next three to five years, we may see early quantum advantage in… more

Algorithms, China, Intellectual Property Protection, Inventions, Patents

Asset Management, Banks, Capital Markets, Financial Institutions, Financial Services Industry

Mei Mei Wong

2025 Global Fund Finance Symposium: Key Trends in the Fund Finance Market

Our Global Fund Finance practice recently sponsored and attended the 2025 Global Fund Finance Symposium. Hosted annually by the Fund Finance Association, these conferences bring together key players in the fund finance market,… more

Gavin Woods

Ireland: GDPR, PIAB, and the Personal Injury Puzzle – The Irish Supreme Court Decides

The Irish Supreme Court, on 24 July 2025, issued a landmark decision offering greater clarity on non-material damages in the context of privacy claims under the General Data Protection Regulation (GDPR). The judgment in Dillon v… more

Appeals, Damages, Data Breach, Data Protection, Ireland

Richard Woolich

Customs Agent Ordered to Pay GBP1m in Import VAT Relating to its Customer's Imports

Roseline Logistics Ltd (Roseline) acted as a Customs agent for QP Trading Limited (QPTL) and made 32 import declarations between January and May 2022. Roseline claimed postponed VAT accounting (PVA) on QPTL's behalf in each… more

Customs, Enforcement Actions, Government Agencies, HMRC, Imports

Stephen Wortley

Trump Administration Issues America First Investment Policy Memorandum

On February 21, 2025, President Donald Trump issued the America First Investment Policy memorandum (Investment Policy Memo), outlining the US policy on investment security and directing substantial changes with regard to both… more

Artificial Intelligence, CFIUS, China, Economic Sanctions, Executive Orders

Climate Change, Energy Sector, Enforcement Actions, Environmental Justice, Environmental Policies

Kevin Wright

Horizon - ESG Regulatory News and Trends - April 2025

Trump Administration actions - Trump orders DOJ to stop states from enforcing unconstitutional or preempted climate laws. In a sweeping Executive Order (EO) issued on April 8, President Donald Trump has ordered Attorney General… more

Department of Defense (DOD), Department of Energy (DOE), Energy Policy, Energy Projects, Executive Orders

Oliver Wright

US Government Announces Intent to Fund Nuclear Energy Projects

The Trump Administration recently issued four Executive Orders (EOs) focused on nuclear technologies that, collectively, aim to “unleash the domestic nuclear base,” “reestablish the United States as the global leader in nuclear… more

China, Corporate Taxes, International Tax Issues, New Legislation, Regulatory Requirements

Tina Xia

China - VAT: China's New VAT Law - Monthly Indirect Tax Alert – January 2025

The new VAT law introduces several key changes including the scope of taxable transactions, clarification of "deemed sales", non-taxable items, tax rates and more… more

Abbreviated New Drug Application (ANDA), Claim Construction, Generic Drugs, Hatch-Waxman, Healthcare

Benjamin Yaghoubian

Case-Narrowing Decisions are a One-Way Street: Reviewing Exeltis USA v. Lupin Ltd.

Exeltis USA, Inc. and other parties (Exeltis) recently prevailed against Lupin Ltd. and Lupin Pharmaceuticals, Inc. (Lupin) in a patent infringement suit brought in the District of Delaware. After a three-day bench trial, the… more

Appellate Courts, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Enforcement Actions, Executive Orders

Robert Yap

Federal Appeals Court Permits Enforcement of DEI Executive Orders

The Fourth Circuit Court of Appeals has stayed the Maryland District Court’s preliminary injunction order enjoining the federal government from enforcing certain provisions of President Donald Trump’s January 20, 2025 Executive… more

Amgen v Sanofi, Biotechnology, Life Sciences, Patent Litigation, Patent Validity

Bu Yin

CDR Scanning Offers Hope for Genus Claims for Antibodies

In the landmark Amgen v. Sanofi case (previously covered here), the Supreme Court affirmed that patent claims drawn to a genus of monoclonal antibodies, which were claimed in terms of their function and the epitope to which they… more

Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Health Care Providers, Healthcare, Medicare

Sua Yoon

Proposed CY 2026 Medicare Physician Fee Schedule: Key Changes Impacting the Medicare Shared Savings Program

On July 14, 2025, the Centers for Medicare and Medicaid Services (CMS) released the 2026 calendar year (CY 2026) Medicare Physician Fee Schedule (Proposed Rule). Among the many changes proposed, the Proposed Rule includes… more

Clean Energy, Emerging Growth Companies, Energy Projects, Energy Sector, Energy Tax Incentives

Drew M. Young

Navigating Clean Energy Tax Credits in Climate Tech Venture Lending

Changes to the tax code have made it easier to monetize renewable energy tax credits, attracting interest from emerging growth companies looking to bolster their balance sheets amid the slowdown in venture capital funding. These… more

EU, European Commission, Foreign Direct Investment, Foreign Investment, Investment

Pete Young

Revised EU FDI Screening Regulation’s Direction of Motion Following the European Parliament’s Review

The EU Foreign Direct Investment (FDI) Screening Regulation (Regulation) entered into force in October 2020. It aims to create a cooperation mechanism which enables EU member states and the European Commission (EC) to exchange… more

Bianca Zavanone

Trump Administration Tariffs: Responses from the EU, the UK, and APAC

On Wednesday 2 April 2025, US President Donald Trump signed an Executive Order declaring a national emergency “arising from conditions reflected in large and persistent annual US goods trade deficits.” In response, the President… more

Asia Pacific, EU, European Commission, Exports, Imports

Rami Zayat

Dubai International Financial Centre: Updates to the DIFC Protection Laws

The DIFC Data Protection Law No. 5 of 2020 (DIFC Data Protection Law) was amended on 8 July 2025 to introduce several substantive changes… more

Data Privacy, Data Protection, DIFC, Enforcement, International Data Transfers

Board of Directors, Chile, Corporate Governance, Disclosure Requirements, Financial Institutions

Matias Zegers

Chile: Comisión para el Mercado Financiero Define Nuevos Requisitos para Directores Independientes

La Comisión para el Mercado Financiero (CMF) de Chile publicó la Norma de Carácter General Nº533 (NCG 533) el 12 de marzo de este año, que define requisitos y condiciones para ser considerado director independiente y que regula… more

Asset Management, Capital Markets, Capital Raising, Financial Markets, Financial Services Industry

Yann Zellet

Key Takeaways From the Fund Finance Association 2024 Global Leadership Summit

The Pine Cliffs Resort hosted the FFA’s 2024 Global Leadership Summit this week where key players and leaders from across the industry gathered to discuss macroeconomic, geopolitical, policy, legal, regulatory and other matters… more

Qingyun Zhan

The Future of "Counterparty Bribery" Offenses Under China's Anti-Unfair Competition Law

Pending proposals to amend China's Anti-Unfair Competition Law (AUCL) may further blur the line between antitrust and anti-corruption offenses under China's enigmatic "counterparty bribery" rules. The AUCL, first enacted in… more

Anti-Corruption, Antitrust Provisions, Bribery, China, Enforcement Actions

Joanne Zhang

A Chinese Court Finds That AI-generated Images Are Not Protected by Copyright: The Zhangjiagang People’s Court and the ‘Butterfly Chairs’ Case

We previously wrote about a Chinese court decision that protected the copyright of AI-generated images in the ‘half heart’ case. However, in a recent case, the Zhangjiagang People’s Court (in China’s Jiangsu province) denied… more

Algorithms, Artificial Intelligence, Authorship, China, Copyright

Collaboration, Confidential Information, Defend Trade Secrets Act (DTSA), Intellectual Property Litigation, Intellectual Property Protection

Peiyao Zhang

Relevance of Trade Secret Ownership for Misappropriation: I-Mab Biopharma v. Inhibrx Inc.

In I-Mab Biopharma v. Inhibrx, Inc., a trade secret misappropriation case, a federal jury in Delaware sided with the defendants, Inhibrx and its co-founder Brendan Eckelman, on all counts. The jury found no existence of a trade… more