Wiley Rein LLP

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2050 M Street NW
Washington, DC 20036, United States
Phone: (202) 719-7000
Fax: (202) 719-7049
Areas Of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Commercial Law & Contracts
  • Communications & Media Law
  • Criminal Law
  • Elections & Politics
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
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Locations
Other U.S. Locations
  • D.C.
Number of Attorneys
200+ Attorneys

States Continue Privacy Law Enforcement Efforts

Recent enforcement activities in California and Connecticut highlight that states are ready and willing to actively enforce their comprehensive privacy laws. These recent actions – which continue the trend of states ramping up… more

California Consumer Privacy Act (CCPA), Compliance, Connecticut, Consumer Privacy Rights, Corporate Counsel

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Wiley Consumer Protection Download (July 29, 2025)

FTC Obtains Temporary Restraining Order and Asset Freeze Against Seven Debt Relief Companies and Their Owners for Allegedly Deceptive Practices. On July 14, the FTC filed a complaint and motion for temporary restraining order… more

Asset Freeze, Consumer Protection Laws, Debt Relief, Disclosure Requirements, Employee Training

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Key Insights from California's Kickoff Workshop on Corporate GHG Reporting and Climate Risk Disclosures

On May 29, the California Air Resources Board (CARB) held a public workshop on CA climate disclosure laws. During the workshop, CARB shared a timeline for regulatory development and an overview of initial staff concepts to… more

Administrative Procedure Act, Business Entities, California, CARB, Climate Change

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BIS Rescinds AI Diffusion Rule and Issues Guidance on Advanced Computing Integrated Circuits

On May 12, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced the rescission of the previously issued Framework for Artificial Intelligence (AI) Diffusion Rule. The following day, May 13,… more

Artificial Intelligence, Bureau of Industry and Security (BIS), China, Enforcement Actions, Export Controls

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FinCEN Guts Corporate Transparency Act; Narrows Scope to Cover Only Foreign Companies and Beneficial Owners

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule (IFR) that materially alters the Corporate Transparency Act’s (CTA) reporting requirements. Consistent with FinCEN’s March 2,… more

Beneficial Owner, Corporate Governance, Corporate Transparency Act, Filing Deadlines, FinCEN

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FTC Consumer Protection and Privacy Enforcement Series: Practical Tips for When Your Company Gets an FTC CID

Welcome to our new series on Federal Trade Commission (FTC) enforcement, where we will provide practical insights into emerging FTC priority areas for consumer protection and data privacy enforcement. Overall, the current FTC is… more

Advertising, Civil Investigation Demand, Consumer Protection Laws, COPPA, Data Privacy

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Ninth Circuit Privacy Ruling Could Be Used to Expand Potential Forums for E-Commerce Lawsuits

On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand… more

Appeals, Business Litigation, California, Cookies, Corporate Counsel

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Commerce Seeks Comments on UAS Imports in New Section 232 Investigation

On July 16, 2025, the U.S. Department of Commerce published a Federal Register notice soliciting public comments on an investigation into the national security impacts of imported unmanned aircraft systems (UAS or drones) and… more

Bureau of Industry and Security (BIS), China, Comment Period, Compliance, Cybersecurity

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Appealed Trial Court Conviction Qualifies as “Final Adjudication”

Applying New York law, the Southern District of New York concluded that a trial court judgment qualified as a “final adjudication” even though it was under appeal… more

CEOs, Denial of Insurance Coverage, Errors and Omissions Policy, Insurance Industry, Policy Exclusions

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FDA’s Catch-Up Plan on Cosmetics Faces Likely Regulatory Delays with Change in Administrations

The U.S. Food and Drug Administration (FDA) has been playing catch-up on three long-delayed proposed rules required under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA): •Standardized test methods to detect… more

Asbestos, Consumer Product Companies, Cosmetics, Enforcement, Final Rules

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Trump Announces Section 232 Investigation on Wood Products and Other Actions to Promote Domestic Timber Production

On March 1, 2025, President Trump issued a pair of Executive Orders aimed at promoting domestic production of wood products. First, he announced the initiation of an investigation under Section 232 of the Trade Expansion Act to… more

Department of Agriculture, Endangered Species Act (ESA), Executive Orders, Imports, National Security

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White House Launches AI Action Plan and Executive Orders to Promote Innovation, Infrastructure, and International Diplomacy and Security

On July 23, 2025, the White House released the much anticipated AI Action Plan (Action Plan), along with three accompanying Executive Orders (EO). The Action Plan—entitled Winning the Race: America’s AI Action Plan—identifies… more

Artificial Intelligence, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Centers, Department of Homeland Security (DHS)

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Hiring From the Federal Government: A Top 12 List

With the change of Presidential Administrations and with a new Congress, many current federal government officials and employees – whether elected, appointed, or hired – are exploring employment opportunities in the private… more

Communication Restrictions, Ethics, Executive Branch, Federal Bans, Federal Elections

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Indiana Appellate Court Rejects Known Loss and Deemer Clause Defenses for the Second of Two Connected Class Actions Over Toxic Exposures

The Indiana Court of Appeals, applying Indiana law, affirmed a trial court decision finding coverage for attorneys’ fees related to defending the second of two Taiwanese class actions relating to the same underlying toxic… more

Appellate Courts, Attorney's Fees, Bodily Injury, Class Action, Commercial General Liability Policies

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FCC Opens Foreign Ownership Proceedings for Comment, Advancing National Security Focus

The public comment period is now open for two Federal Communications Commission (FCC or Commission) proceedings proposing new rules related to foreign ownership of FCC authorization holders. Both proceedings are part of the… more

Bureau of Industry and Security (BIS), China, Comment Period, Covered Entities, Drones

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White House Issues Presidential Proclamations Extending Section 232 TRQs on Steel and Aluminum Imports from the EU

On December 28, 2023, the White House published presidential proclamations extending the tariff-rate quotas (TRQs) in place on imports of steel and aluminum products from the European Union (EU) until December 31, 2025… more

EU, Imports, Steel Industry, Tariff Rate Quota (TRQ), Tariffs

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CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of… more

Appeals, CAFC, China, Constitutional Challenges, Court of International Trade

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Federal Court Vacates Portions of Local Television Ownership Rule

On July 23, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated two aspects of the Federal Communications Commission’s (FCC or Commission) regulation restricting the number of television stations that one entity can… more

Administrative Procedure Act, Appeals, Broadcasting, Competition, Deregulation

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President Trump Issues CFIUS Divestment Order of Chinese-owned Jupiter Systems Due to National Security Risk

President Trump signed a Presidential decision last week ordering Suirui Group Co., Ltd., a Chinese company, and its Hong Kong-based subsidiary Suirui International Co., Limited (together, Suirui) to divest within 120 days all… more

Acquisitions, CFIUS, China, Divestiture, Foreign Investment

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Update: DOJ and CISA Issue New National Security Program to Regulate Foreign Access to Sensitive Data

On January 8, 2025, the U.S. Department of Justice (Department or DOJ) issued new rules required by then-President Biden’s February 2024 Executive Order (EO) 14117 to establish a new regulatory framework aimed at “Preventing… more

Biometric Information, China, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Privacy

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The FCC’s National Security Mandate: The Rise of the Council on National Security

The Federal Communications Commission (FCC) has taken significant steps to institutionalize national security within its regulatory framework through the creation of the Council on National Security (CNS). Chaired by Chairman… more

America First Trade Policy, China, Communications Act of 1934, Critical Infrastructure Sectors, Cyber Espionage

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DOJ Affirms Aggressive False Claims Act Enforcement, Highlights Use Against Illegal Trade Practices

The head of the U.S. Department of Justice (DOJ) branch that oversees False Claims Act (FCA) investigations affirmed the Trump Administration’s commitment to pursue civil fraud cases as part of its focus on achieving… more

Customs, Department of Defense (DOD), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

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FAR Council Unveils Long-Anticipated Rule for Controlled Unclassified Information

WHAT: The FAR Council published a proposed rule to incorporate the Controlled Unclassified Information (CUI) Program into the acquisition process and, in doing so, seeks to more clearly define government and contractor roles and… more

Controlled Unclassified Information (CUI), Cyber Incident Reporting, Cybersecurity, Data Security, Executive Orders

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Annual Update to ETRS Form One Due By October 3, 2025

The Federal Communications Commission (FCC or Commission) has announced that the EAS Test Reporting System (ETRS) is now open for Emergency Alert System (EAS) Participants to file Form One. Under the FCC’s rules, EAS… more

Broadcasting, Cable Television Providers, Communications Act of 1934, Emergency Alerts, FCC

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Sittenfeld v. United States – Campaign Contributions as Crimes?

The Supreme Court may soon accept a pivotal case – Sittenfeld v. United States – that could redefine when a political contribution becomes a crime. In this two-minute video, Caleb Burns discusses how the outcome of this case… more

Bribery, Campaign Finance Reform, Corruption, Criminal Prosecution, Enforcement Actions

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Supreme Court Decision Could Galvanize Prosecutions of Government Contractors

The U.S. Supreme Court’s May 22 decision in Kousisis v. United States could have wide-ranging implications for criminal and civil fraud cases against government contractors going forward. The Court ruled that a government… more

Criminal Prosecution, Department of Justice (DOJ), Economic Loss Doctrine, Enforcement Actions, False Claims Act (FCA)

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Closing the FARA Retroactive Registration Loophole

Earlier this month, and following a string of recent bills introduced to reform the Foreign Agents Registration Act (FARA), Representative Ben Cline (R-VA) introduced the Foreign Agents Transparency Act (“Transparency Act”) with… more

Appeals, Department of Justice (DOJ), Enforcement Actions, Foreign Agents Registration Act (FARA), Legislative Agendas

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New Executive Orders Call for Rewriting Federal Procurement Rules, Maximizing Commercial Acquisitions

WHAT: President Trump issued two new Executive Orders (EOs) on April 15 and April 16, 2025, focused on federal procurement streamlining. The April 15 EO, entitled “Restoring Common Sense to Federal Procurement,” is intended to… more

Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors, Government Agencies, OFPP

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Supreme Court Declares Universal Service Fund Constitutional, Reversing Fifth Circuit Opinion

On June 27, 2025, the U.S. Supreme Court affirmed, in FCC v. Consumers’ Research (Consumers’ Research), the constitutionality of the funding mechanism for the Federal Communications Commission’s (FCC or Commission) Universal… more

Appeals, Broadband, Constitutional Challenges, FCC, Government Agencies

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Athletes, Arenas, and Cyberattacks: The Evolving Landscape of Cybersecurity in Sports

As cybersecurity threats continue to evolve, the sports industry faces unique challenges in safeguarding its data, athletes, and events. During a recent panel discussion at the Aspen Cyber Summit, Reynold Hoover, CEO of the 2028… more

Arenas and Stadiums, Athletes, Cyber Attacks, Cybersecurity, Cybersecurity Information Sharing Act (CISA)

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Wiley Consumer Protection Download (July 29, 2025)

FTC Obtains Temporary Restraining Order and Asset Freeze Against Seven Debt Relief Companies and Their Owners for Allegedly Deceptive Practices. On July 14, the FTC filed a complaint and motion for temporary restraining order… more

Asset Freeze, Consumer Protection Laws, Debt Relief, Disclosure Requirements, Employee Training

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DOJ Health Care Fraud Takedown and FCA Working Group Signal New Era of Enforcement and Compliance Risks

On July 2, 2025, the U.S. Department of Justice (DOJ) and the Department of Health and Human Services (HHS) jointly announced the next phase of the Administration’s “Whole-of-Government” approach to fighting health care fraud:… more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Justice (DOJ), Electronic Medical Records

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President Trump Issues CFIUS Divestment Order of Chinese-owned Jupiter Systems Due to National Security Risk

President Trump signed a Presidential decision last week ordering Suirui Group Co., Ltd., a Chinese company, and its Hong Kong-based subsidiary Suirui International Co., Limited (together, Suirui) to divest within 120 days all… more

Acquisitions, CFIUS, China, Divestiture, Foreign Investment

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Court Considers Prior Notice, Intentional Acts, and Contract Exclusions as Applied to Insured’s Violation of California Franchise Investment Law for Incomplete Franchise Disclosures

The United States District Court for the District of New Hampshire, applying California law, considered several exclusions under a directors and officers liability policy as applied to a violation of the California Franchise… more

Franchises, Insurance Claims, Insurance Industry, Insurance Litigation, Material Misstatements

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President Trump Issues CFIUS Divestment Order of Chinese-owned Jupiter Systems Due to National Security Risk

President Trump signed a Presidential decision last week ordering Suirui Group Co., Ltd., a Chinese company, and its Hong Kong-based subsidiary Suirui International Co., Limited (together, Suirui) to divest within 120 days all… more

Acquisitions, CFIUS, China, Divestiture, Foreign Investment

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Commerce Seeks Comment in New Section 232 Investigations Covering Imports of Commercial Aircraft and Jet Engines and their Parts

On May 9, the U.S. Department of Commerce (Commerce) released an advanced notice soliciting public comments on an investigation into the national security impacts of imported commercial aircraft and jet engines, and parts for… more

Aircraft, Aviation Industry, Comment Period, Imports, National Security

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[Webinar] Effective PBM Contracting in a Changing World: From Procurement to Contract Execution - May 13th, 1:00 pm - 2:30 pm EDT

The process of procuring a new PBM and perhaps adopting a new pharmacy program design can be excruciatingly long, full of anticipated and unanticipated pitfalls and – if not thoughtfully and meticulously planned – can result in… more

Contract Drafting, Contract Negotiations, Drug Pricing, Pharmaceutical Industry, Pharmacy Benefit Manager (PBM)

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Ninth Circuit Privacy Ruling Could Be Used to Expand Potential Forums for E-Commerce Lawsuits

On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand… more

Appeals, Business Litigation, California, Cookies, Corporate Counsel

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New FCC Proceeding to Tackle Security in Equipment, Auctions, and Beyond

On May 27, 2021, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI) proposing significant changes to the FCC’s equipment authorization… more

Competitive Bidding, FCC, National Security, NPRM, Technology Sector

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CBP Takes Forced-Labor Action Against Chinese-Owned Extruder in the Dominican Republic

U.S. Customs and Border Protection (CBP) issued a forced-labor finding against Kingtom Aluminio S.R.L. (“Kingtom”), a Chinese-owned aluminum extruder in the Dominican Republic. CBP determined that aluminum extrusions, profile… more

China, Customs and Border Protection, Dominican Republic, Forced Labor, Imports

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Impact of U.S. Revocation of Permanent Normal Trade Relations with Russia

On March 11, 2022, President Biden called on Congress to revoke permanent normal trade relations (PNTR) with Russia. In a fact sheet regarding actions being taken simultaneously with the European Union and Group of Seven (G7)… more

Economic Sanctions, EU, Most-Favored Nations, Office of Foreign Assets Control (OFAC), Revocation

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Key Parts of Anti-DEI Executive Orders Blocked by Federal Judge

On Friday, February 21, 2025, the U.S. District Court for the District of Maryland issued a nationwide preliminary injunction that enjoins aspects of two Executive Orders (EOs), EO 14151, “Ending Radical and Wasteful Government… more

Civil Rights Act, Compliance, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employment Discrimination

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DOJ Announces Changes to White Collar Enforcement Policies, Focusing on “Most Egregious” Crimes

This week, the U.S. Department of Justice (DOJ) announced the Criminal Division’s new white collar enforcement plan, changes to its Corporate Whistleblower Pilot Program, and revisions to the Corporate Enforcement and Voluntary… more

Bribery, Corporate Crimes, Corporate Governance, Corporate Misconduct, Department of Justice (DOJ)

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Trump Announces Section 232 Investigation on Wood Products and Other Actions to Promote Domestic Timber Production

On March 1, 2025, President Trump issued a pair of Executive Orders aimed at promoting domestic production of wood products. First, he announced the initiation of an investigation under Section 232 of the Trade Expansion Act to… more

Department of Agriculture, Endangered Species Act (ESA), Executive Orders, Imports, National Security

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DOJ Clarifies Administration’s Stance on What Constitutes “Illegal DEI”

On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memorandum) that provides clarity on what the Administration… more

Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Actions

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ATF Removes Restrictions on Imports of Simunition Training Rounds

The Bureau of Alcohol, Tobacco, and Explosives (ATF) has removed restrictions on the importation of non-lethal marking rounds (also known as “training rounds” or “simunition rounds”). The move is expected to remove… more

Arms Export Control Act, ATF, Export Controls, Final Rules, Firearms

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DoD Releases Long-Awaited Intellectual Property Guidebook for Acquisition

WHAT: The U.S. Department of Defense (DoD) recently released its long-anticipated Intellectual Property Guidebook for DoD Acquisition – the culmination of years of internal effort to standardize the Department’s approach to… more

Contractors, Defense Contracts, Defense Sector, Department of Defense (DOD), Federal Acquisition Regulations (FAR)

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Pre-Policy Email Does Not Constitute a Claim

The United States District Court for the Southern District of California, applying California law, has held that an email issued to an insured homeowners association (“HOA”) before the inception of the relevant claims-made… more

California, Commercial Litigation, Contract Disputes, Dispute Resolution, Homeowners Association (HOA)

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Potential Government Shutdown Nears as Negotiations Stall on the Hill

WHAT: The March 14 funding deadline is fast approaching, and it is increasingly likely that the federal government may shut down. Although the House narrowly passed a funding bill this week, the Senate has signaled that it may… more

Budget Cuts, Compliance, Contract Terms, Federal Acquisition Regulations (FAR), Federal Budget

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Commerce, State Departments Restrict Exports to Cambodia, Citing Corruption, Human Rights Abuses, Chinese Influence

On December 9, 2021, the Departments of Commerce and State issued rules restricting a range of exports to Cambodia citing, “significant evidence of corruption, human rights abuses, and an exclusive agreement with the People’s… more

Arms Embargo, Bureau of Industry and Security (BIS), Cambodia, China, Corruption

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Cyber Risks and Insurance 2025 Forecast

As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this… more

Artificial Intelligence, Biometric Information Privacy Act, Business Interruption, Business Losses, California Privacy Rights Act (CPRA)

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Fifth Circuit Strikes Down FCC Forfeiture Order, Holds That It Violates Seventh Amendment Right to a Jury Trial

On April 17, 2025, the Fifth Circuit issued an opinion (“Op.”) holding unconstitutional a Federal Communications Commission (FCC or Commission) enforcement order. In that order, the Commission imposed civil penalties against a… more

Administrative Proceedings, Appeals, Constitutional Challenges, Enforcement Actions, FCC

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Commerce Proposes Updating Trade Remedy Regulations to Enhance Administration of Antidumping and Countervailing Duty Laws

On July 12, 2024, the U.S. Department of Commerce (Commerce) issued a proposed rule designed “to enhance the administration of the antidumping duty (AD) and countervailing duty (CVD) laws.” Commerce is accepting comments on the… more

Anti-Dumping Duty, Comment Period, Countervailing Duties, Customs and Border Protection, Imports

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"One Big Beautiful Bill Act" Passes, Restoring FCC Auction Authority and Establishing Spectrum Pipeline

The Federal Communications Commission’s (FCC) general authority to conduct spectrum auctions lapsed on March 9, 2023, leaving a core pillar of agency responsibility subject to ad-hoc, band-specific authorizations as… more

Department of Defense (DOD), FCC, Government Agencies, National Security, New Legislation

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As D2D Deployment Increases, NTIA Seeks Comment on Potential Risks to GPS

The National Telecommunications and Information Administration (NTIA) has published a Notice and Request for Comment (RFC) on the potential impact of the increasing deployment of satellite-enabled direct-to-device (D2D) services… more

Aerospace, Aviation Industry, Comment Period, Department of Transportation (DOT), FCC

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AI Around the Globe: What to Know in 2024

In this Wiley Connected podcast, hear from Wiley Partners Amb. David Gross, Duane Pozza, Joan Stewart, and Consulting Counsel Jacquelynn Ruff about the latest in international developments surrounding Artificial Intelligence… more

Artificial Intelligence, Biden Administration, EU, Executive Orders, Innovative Technology

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Federal Court Determines Individual’s Receipt of a Subpoena Does Not Establish the Existence of an Investigation of a Wrongful Act by the Recipient

The United States District Court for the District of Columbia, applying Virginia law, denied an insured’s motion for partial judgment on the pleadings in part, finding that an insured person’s receipt of a subpoena does not… more

D&O Insurance, Excess Policies, Insurance Claims, Insurance Industry, Insurance Litigation

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Insurer Has No Duty to Interplead Policy Limits Under Montana Law When Faced with Multiple Claimants and Potentially Insufficient Limits

Applying Montana state law, the United States District Court for the District of Montana has held that an insurer has no duty to interplead its policy limits to satisfy claims by multiple competing claimants and did not violate… more

Bad Faith, Duty to Defend, Insurance Claims, Insurance Litigation, Interpleaders

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FinCEN Guts Corporate Transparency Act; Narrows Scope to Cover Only Foreign Companies and Beneficial Owners

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule (IFR) that materially alters the Corporate Transparency Act’s (CTA) reporting requirements. Consistent with FinCEN’s March 2,… more

Beneficial Owner, Corporate Governance, Corporate Transparency Act, Filing Deadlines, FinCEN

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No Coverage for Lawsuit Where “Claim” First Made at Time of Pre-Inception Tolling Agreement

In a win for Wiley’s client, a New York intermediate appellate court, applying New York law, has affirmed that no coverage is available for a legal malpractice lawsuit because the “claim” was first made before the policy’s… more

Appellate Courts, Attorney Malpractice, Denial of Insurance Coverage, Insurance Claims, Insurance Litigation

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One Claim Can’t Be “Deemed Made” Twice, Minnesota Court Holds

The Minnesota Court of Appeals has held that a malpractice claim was “deemed made” against an insured law firm when it received from its former client’s new counsel a letter directing the law firm to preserve records related to… more

Appeals, Attorney Malpractice, Claims Made Policy, Declaratory Judgments, Insurance Claims

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FTC Significantly Revises Its Premerger Notification Requirements, While Departing from Original Proposal

On October 10, 2024, the Federal Trade Commission (FTC or Commission) announced that it had unanimously adopted a Final Rule codifying numerous changes to the premerger notification form and premerger notification rules under… more

Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC), Final Rules, Hart-Scott-Rodino Act

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DOJ Health Care Fraud Takedown and FCA Working Group Signal New Era of Enforcement and Compliance Risks

On July 2, 2025, the U.S. Department of Justice (DOJ) and the Department of Health and Human Services (HHS) jointly announced the next phase of the Administration’s “Whole-of-Government” approach to fighting health care fraud:… more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Justice (DOJ), Electronic Medical Records

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FCC Launches New Licensing and Coordination Proposals for Space Launch Service

On December 6, 2024, the FCC’s Wireless Telecommunications Bureau (WTB) released a Public Notice (PN) seeking comment on licensing and frequency coordination procedures for the part 26 Space Launch Service (SLS) rules adopted by… more

Aerospace, Broadband, FCC, Licenses, NTIA

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Introducing Wiley’s Trump Administration Resource Center & Guide – Your Essential Tools for 2025

As President-Elect Trump’s second Administration begins in January 2025, businesses face a critical juncture with potential shifts in regulatory focus across industries and sectors including artificial intelligence,… more

Artificial Intelligence, Chevron Deference, Consumer Financial Protection Bureau (CFPB), Cryptocurrency, Data Privacy

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Food for Thought and Thoughts on Food: A Discussion on Scaling in Food and Other Industries

On this episode, Wiley's Amaru Sánchez is joined by Ryan Hawkins from Next Rung Technologies to discuss scaling across multiple industries and sectors and the difficulties startups are facing in the current investment landscape… more

Business Development, Food Manufacturers, Food Safety, Food Supply, Regulatory Oversight

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New 60 GHz Rules Offer Flexibility for Radar and WiGig Innovation

The Federal Communications Commission (FCC) has adopted new technical rules intended to promote unlicensed innovation for applications as diverse as “hot car” child safety and virtual reality gaming. The new rules, which took… more

FCC, Gaming, Radar, Radiofrequency (RF), Virtual Reality

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As D2D Deployment Increases, NTIA Seeks Comment on Potential Risks to GPS

The National Telecommunications and Information Administration (NTIA) has published a Notice and Request for Comment (RFC) on the potential impact of the increasing deployment of satellite-enabled direct-to-device (D2D) services… more

Aerospace, Aviation Industry, Comment Period, Department of Transportation (DOT), FCC

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[Webinar] Effective PBM Contracting in a Changing World: From Procurement to Contract Execution - May 13th, 1:00 pm - 2:30 pm EDT

The process of procuring a new PBM and perhaps adopting a new pharmacy program design can be excruciatingly long, full of anticipated and unanticipated pitfalls and – if not thoughtfully and meticulously planned – can result in… more

Contract Drafting, Contract Negotiations, Drug Pricing, Pharmaceutical Industry, Pharmacy Benefit Manager (PBM)

See all updates »

As D2D Deployment Increases, NTIA Seeks Comment on Potential Risks to GPS

The National Telecommunications and Information Administration (NTIA) has published a Notice and Request for Comment (RFC) on the potential impact of the increasing deployment of satellite-enabled direct-to-device (D2D) services… more

Aerospace, Aviation Industry, Comment Period, Department of Transportation (DOT), FCC

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DOJ Clarifies Administration’s Stance on What Constitutes “Illegal DEI”

On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memorandum) that provides clarity on what the Administration… more

Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Actions

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Fourth Circuit Stays Preliminary Injunction of DEI-Focused Executive Order Provisions

WHAT: The U.S. Court of Appeals panel has stayed a preliminary injunction that the U.S. District Court for the District of Maryland had issued covering parts of two Executive Orders: EO 14151, “Ending Radical and Wasteful… more

Civil Rights Act, Compliance, Constitutional Challenges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I)

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California Federal Court Holds Exception to I v. I Exclusion Restores Coverage for D&O Claim Based on Dilution of Shares

The United States District Court for the Southern District of California, applying California law, has held that an exception within an insured vs. insured (I v. I) exclusion of a D&O policy restored coverage for a suit between… more

California, Corporate Governance, D&O Insurance, Directors, Insurance Claims

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UPDATE: Trump Administration Asks Supreme Court to Stay Order Blocking NIH Grant Cancellations

On July 24, 2025, the Trump Administration turned to the U.S. Supreme Court to block U.S. District Judge Young’s preliminary injunction prohibiting the National Institutes of Health (NIH) from cutting hundreds of grant programs… more

Administrative Procedure Act, COFC, Constitutional Challenges, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Seventh Circuit Affirms that “Inadequate Consideration” Provision Bars Coverage for Securities Fraud Settlements

In a win for Wiley’s client, the United States Court of Appeals for the Seventh Circuit held, under Wisconsin law, that an exception for settlements of “Inadequate Consideration Claims” barred coverage for the insured’s… more

D&O Insurance, Failure To Disclose, Insurance Litigation, Securities and Exchange Commission (SEC), Securities Fraud

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Fifth Circuit Holds Carve-Back Provision Could Not Overcome Breach of Contract Exclusion for Louisiana Wage Payment Act Claim

The United States Court of Appeals for the Fifth Circuit, applying Louisiana law, has held that a breach of contract exclusion barred coverage for a judgment awarded to two employees who were not paid severance as required under… more

Appeals, Breach of Contract, Contract Terms, Employee Benefits, Employment Contract

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UPDATE: Trump Administration Asks Supreme Court to Stay Order Blocking NIH Grant Cancellations

On July 24, 2025, the Trump Administration turned to the U.S. Supreme Court to block U.S. District Judge Young’s preliminary injunction prohibiting the National Institutes of Health (NIH) from cutting hundreds of grant programs… more

Administrative Procedure Act, COFC, Constitutional Challenges, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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“Modernizing Defense Acquisition” EO Directs “Comprehensive Overhaul” of DOD Acquisition System

WHAT: The Trump Administration issued an Executive Order (EO) to kick off a “comprehensive overhaul” of the U.S. Department of Defense (DOD) acquisition system, aiming to “rapidly reform” acquisition processes with an emphasis… more

Acquisitions, Defense Contracts, Department of Defense (DOD), DFARS, Executive Orders

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Coverage Barred by Prior Acts Exclusion Under First Policy; No Coverage Under Second Policy Because Defendant did not Qualify as an Insured

The United States District Court for the District of New Mexico, applying New Mexico law, has held that a prior acts exclusion in a directors and officers policy barred coverage for an investor lawsuit alleging a scheme to… more

Business Entities, Business Litigation, D&O Insurance, Fiduciary Duty, Fraud

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FCC Proposes Sweeping Changes to Submarine Cable Licensing Rules

On November 22, 2024, the Federal Communications Commission (FCC or Commission) released a Notice of Proposed Rulemaking (NPRM) aimed at broadening and strengthening its oversight of submarine cables. The NPRM seeks to revise… more

Cable Operators, FCC, Infrastructure, Licensing Rules, National Security

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Supreme Court Declares Universal Service Fund Constitutional, Reversing Fifth Circuit Opinion

On June 27, 2025, the U.S. Supreme Court affirmed, in FCC v. Consumers’ Research (Consumers’ Research), the constitutionality of the funding mechanism for the Federal Communications Commission’s (FCC or Commission) Universal… more

Appeals, Broadband, Constitutional Challenges, FCC, Government Agencies

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Dissenting Commissioners Criticize SEC’s Latest Cybersecurity Disclosure Cases

Continuing its controversial and aggressive approaches to cybersecurity, the U.S. Securities and Exchange Commission (SEC) recently charged four current and former public companies for purportedly “materially misleading… more

Civil Monetary Penalty, Cyber Attacks, Cyber Crimes, Cybersecurity, Disclosure Requirements

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Cyber Risks and Insurance 2025 Forecast

As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this… more

Artificial Intelligence, Biometric Information Privacy Act, Business Interruption, Business Losses, California Privacy Rights Act (CPRA)

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The White House Launches Supply Chain Initiatives on Essential Items

On June 8, 2021, the White House released its 250-page “Building Resilient Supply Chains, Revitalizing American Manufacturing, and Fostering Broad-Based Growth” report (the Report) and an accompanying fact sheet entitled: “Fact… more

Critical Infrastructure Sectors, Essential Goods, Innovative Technology, Manufacturers, Supply Chain

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What Contractors Need to Know About a Government Shutdown

WHAT: The odds of a federal government shutdown occurring increased significantly last week. Congressional gridlock is preventing even a continuing resolution to advance that would allow negotiations on a broader funding bill to… more

Deadlines, Documentation, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Employees

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Annual Update to ETRS Form One Due By October 3, 2025

The Federal Communications Commission (FCC or Commission) has announced that the EAS Test Reporting System (ETRS) is now open for Emergency Alert System (EAS) Participants to file Form One. Under the FCC’s rules, EAS… more

Broadcasting, Cable Television Providers, Communications Act of 1934, Emergency Alerts, FCC

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Insurance Policy Voided Due to Attorney’s Failure to Disclose Disciplinary History

The United States District Court for the Southern District of West Virginia, applying West Virginia law, has held that an insurer was entitled to rescind an insurance policy based on the insured’s misrepresentations regarding… more

Attorney Malpractice, Contract Disputes, Disclosure Requirements, Failure To Disclose, Insurance Contracts

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Fourth Circuit Finds “Re-registration” of a Domain Can be Cybersquatting—A Prudential Clarification to the ACPA

The Fourth Circuit’s decision yesterday in The Prudential Insurance Company of America v. Shenzhen Stone Network Information Ltd., No. 21-1823, F.4th (4th Cir. Jan. 24, 2023), provides important clarification on the… more

ACPA, Bad Faith, Corporate Counsel, Cybersquatting, Domain Names

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Supreme Court Blocks Mexico’s Gun Lawsuit: PLCAA Shields U.S. Firearm Makers from Litigation

On June 5, 2025, the U.S. Supreme Court held unanimously, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, that the gun-manufacturer and gun-distributor defendants sued by Mexico for negligence and related torts were… more

Aiding and Abetting, Constitutional Challenges, Firearms, Gun Laws, Gun Manufacturers

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Commerce Seeks Comments on UAS Imports in New Section 232 Investigation

On July 16, 2025, the U.S. Department of Commerce published a Federal Register notice soliciting public comments on an investigation into the national security impacts of imported unmanned aircraft systems (UAS or drones) and… more

Bureau of Industry and Security (BIS), China, Comment Period, Compliance, Cybersecurity

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FCC Rulemaking Targets the Non-IP Caller ID Authentication Gap

In a move designed to close a gap in its robocall mitigation efforts, the Federal Communications Commission (FCC or Commission) adopted a Notice of Proposed Rulemaking (NPRM) at its April 29 Open Meeting that seeks comment on… more

Comment Period, FCC, Filing Deadlines, NPRM, Proposed Rules

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Trump Expands National Security Tariffs on Steel and Aluminum Products

On February 10, 2025, President Trump signed new Executive Orders imposing enhanced import duties on steel and aluminum products under Section 232 of the Trade Expansion Act of 1962. The orders eliminate certain exemptions from… more

Customs and Border Protection, Executive Orders, Imports, International Trade, National Security

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The FCC’s National Security Mandate: The Rise of the Council on National Security

The Federal Communications Commission (FCC) has taken significant steps to institutionalize national security within its regulatory framework through the creation of the Council on National Security (CNS). Chaired by Chairman… more

America First Trade Policy, China, Communications Act of 1934, Critical Infrastructure Sectors, Cyber Espionage

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Wiley Consumer Protection Download (July 29, 2025)

FTC Obtains Temporary Restraining Order and Asset Freeze Against Seven Debt Relief Companies and Their Owners for Allegedly Deceptive Practices. On July 14, the FTC filed a complaint and motion for temporary restraining order… more

Asset Freeze, Consumer Protection Laws, Debt Relief, Disclosure Requirements, Employee Training

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New York Court Deems Subsequent Sexual Harassment Lawsuit “Related” to Prior Suits

A New York intermediate appellate court, applying New York law, has held that an insurer had no coverage obligation for a third lawsuit filed against its insured that was deemed related to two earlier lawsuits that were filed… more

Appeals, Denial of Insurance Coverage, Employer Liability Issues, Employment Litigation, Insurance Claims

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President Trump’s Cyber Mandate: Analysis of Executive Order on Strengthening U.S. Cybersecurity

President Trump issued a cybersecurity Executive Order, “Sustaining Select Efforts to Strengthen the Nation’s Cybersecurity” (Trump EO), along with a corresponding Fact Sheet on June 6, 2025. The Trump EO clears some of the… more

Artificial Intelligence, Biden Administration, China, Cloud Computing, Cybersecurity

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Key Insights from California's Kickoff Workshop on Corporate GHG Reporting and Climate Risk Disclosures

On May 29, the California Air Resources Board (CARB) held a public workshop on CA climate disclosure laws. During the workshop, CARB shared a timeline for regulatory development and an overview of initial staff concepts to… more

Administrative Procedure Act, Business Entities, California, CARB, Climate Change

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Fourth Circuit: “Bump-Up” Exclusion Applies When Settlement Seeks to Cure Harms Associated with Undisclosed Conflict of Interest During Merger Transaction

The United States Court of Appeals for the Fourth Circuit, applying Virginia law, has affirmed a district court’s ruling that a “bump-up” provision in a D&O policy applied to bar indemnity coverage for the settlement of various… more

Acquisitions, Appellate Courts, Attorney's Fees, Conflicts of Interest, D&O Insurance

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FCC Sets Comment Dates to Refresh the Record in National Television Multiple Ownership Rule Proceeding

On July 8, 2025, the Federal Register published a summary of the Federal Communications Commission (FCC or Commission) Public Notice seeking to refresh the record in the National Television Multiple Ownership Rule proceeding,… more

Comment Period, FCC, Filing Deadlines, New Regulations, Proposed Rules

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GSA Announces Expansion of “Transactional Data Reporting” Program, Reducing Compliance Obligations for GSA Schedule Contractors

WHAT: The U.S. General Services Administration (GSA) recently announced its planned expansion of the Transactional Data Reporting (TDR) program, which will make TDR mandatory for GSA Schedule contractors whose contracts include… more

Contract Terms, Disclosure Requirements, False Claims Act (FCA), Federal Acquisition Regulations (FAR), Federal Contractors

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[Podcast] Defining Our Vision and Values

On this episode, Government Contracts practice chairs Paul Khoury and Scott McCaleb join host Craig Smith to discuss how the practice defines what it does, what it wants to be, and what it believes in. The trio cover why it was… more

Attorney-Client Privilege, Client Services, Corporate Counsel

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"One Big Beautiful Bill Act" Passes, Restoring FCC Auction Authority and Establishing Spectrum Pipeline

The Federal Communications Commission’s (FCC) general authority to conduct spectrum auctions lapsed on March 9, 2023, leaving a core pillar of agency responsibility subject to ad-hoc, band-specific authorizations as… more

Department of Defense (DOD), FCC, Government Agencies, National Security, New Legislation

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SEC Tolling Request Not a Securities Claim Against Insured Company Under D&O Policy

A Delaware Superior Court, applying Delaware law, has held that the United States Securities and Exchange Commission’s (“SEC”) request to toll the statute of limitations did not constitute a “Securities Claim” under a D&O policy… more

D&O Insurance, Delaware, Insurance Claims, Insurance Industry, Insurance Litigation

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Annual Update to ETRS Form One Due By October 3, 2025

The Federal Communications Commission (FCC or Commission) has announced that the EAS Test Reporting System (ETRS) is now open for Emergency Alert System (EAS) Participants to file Form One. Under the FCC’s rules, EAS… more

Broadcasting, Cable Television Providers, Communications Act of 1934, Emergency Alerts, FCC

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Cyber Risks and Insurance 2025 Forecast

As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this… more

Artificial Intelligence, Biometric Information Privacy Act, Business Interruption, Business Losses, California Privacy Rights Act (CPRA)

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FinCEN Guts Corporate Transparency Act; Narrows Scope to Cover Only Foreign Companies and Beneficial Owners

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule (IFR) that materially alters the Corporate Transparency Act’s (CTA) reporting requirements. Consistent with FinCEN’s March 2,… more

Beneficial Owner, Corporate Governance, Corporate Transparency Act, Filing Deadlines, FinCEN

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AG Bondi Refocuses DOJ Priorities in New Guidance Documents

On February 5, newly confirmed Attorney General Pam Bondi issued a series of guidance documents refocusing U.S. Department of Justice (DOJ) priorities for the new Administration. In addition to effectuating many of President… more

Affirmative Action, Attorney General, Bribery, Cartels, Compliance

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President Trump Announces Global Reciprocal Tariffs and Addresses Low-Value Shipments from China

On April 2, 2025, President Trump announced reciprocal tariffs on imports into the United States, with a minimum 10% tariff applied to imports from most sources with limited country and product carveouts as discussed below, and… more

Canada, China, Executive Orders, Imports, International Trade

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DOJ Clarifies Administration’s Stance on What Constitutes “Illegal DEI”

On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memorandum) that provides clarity on what the Administration… more

Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Actions

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Continued Remote Hiring Concerns in IT Sector: What to Look for in 2025 and How to Mitigate Business Risk

Remote worker fraud is expected to continue to proliferate in 2025. Fully remote hiring and work, particularly in the technology sector, continues to pose unique business and legal risks for companies. Just in December 2024, a… more

Artificial Intelligence, Cybersecurity, Data Privacy, Data Protection, Data Security

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FDA’s Catch-Up Plan on Cosmetics Faces Likely Regulatory Delays with Change in Administrations

The U.S. Food and Drug Administration (FDA) has been playing catch-up on three long-delayed proposed rules required under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA): •Standardized test methods to detect… more

Asbestos, Consumer Product Companies, Cosmetics, Enforcement, Final Rules

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Louisiana Appellate Court Enforces Bodily Injury Exclusion in an Errors and Omissions Policy

The Court of Appeal of Louisiana, Third Circuit, has held that a bodily injury exclusion in a carrier’s errors and omissions policies barred coverage for a third-party claim by another carrier and a third-party demand by an… more

Appeals, Bodily Injury, Contract Disputes, Contract Interpretation, Errors and Omissions Policy

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Commerce Seeks Comments on UAS Imports in New Section 232 Investigation

On July 16, 2025, the U.S. Department of Commerce published a Federal Register notice soliciting public comments on an investigation into the national security impacts of imported unmanned aircraft systems (UAS or drones) and… more

Bureau of Industry and Security (BIS), China, Comment Period, Compliance, Cybersecurity

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Supreme Court Blocks Mexico’s Gun Lawsuit: PLCAA Shields U.S. Firearm Makers from Litigation

On June 5, 2025, the U.S. Supreme Court held unanimously, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, that the gun-manufacturer and gun-distributor defendants sued by Mexico for negligence and related torts were… more

Aiding and Abetting, Constitutional Challenges, Firearms, Gun Laws, Gun Manufacturers

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Copyright Office Issues Key Guidance on Fair Use in Generative AI Training

On May 9, 2025, the U.S. Copyright Office (the Office) released the third and final report in its “Copyright and Artificial Intelligence” series, offering its most comprehensive guidance to date on one of the most contested… more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Copyright Office

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Supreme Court Blocks Mexico’s Gun Lawsuit: PLCAA Shields U.S. Firearm Makers from Litigation

On June 5, 2025, the U.S. Supreme Court held unanimously, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, that the gun-manufacturer and gun-distributor defendants sued by Mexico for negligence and related torts were… more

Aiding and Abetting, Constitutional Challenges, Firearms, Gun Laws, Gun Manufacturers

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DOJ Clarifies Administration’s Stance on What Constitutes “Illegal DEI”

On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memorandum) that provides clarity on what the Administration… more

Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Actions

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UPDATE: Trump Administration Asks Supreme Court to Stay Order Blocking NIH Grant Cancellations

On July 24, 2025, the Trump Administration turned to the U.S. Supreme Court to block U.S. District Judge Young’s preliminary injunction prohibiting the National Institutes of Health (NIH) from cutting hundreds of grant programs… more

Administrative Procedure Act, COFC, Constitutional Challenges, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of… more

Appeals, CAFC, China, Constitutional Challenges, Court of International Trade

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UPDATE: Trump Administration Asks Supreme Court to Stay Order Blocking NIH Grant Cancellations

On July 24, 2025, the Trump Administration turned to the U.S. Supreme Court to block U.S. District Judge Young’s preliminary injunction prohibiting the National Institutes of Health (NIH) from cutting hundreds of grant programs… more

Administrative Procedure Act, COFC, Constitutional Challenges, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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SBA Announces Full-Scale Audit of 8(a) Program

WHAT: The U.S. Small Business Administration (SBA) announced a “full-scale” audit of the 8(a) program after a former United States Agency for International Development (USAID) contracting officer and three 8(a) business owners… more

8(a) Program, Audits, Bribery, Compliance, Defense Contracts

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Democrats on House Arms Sales Task Force Introduce Bill to Prevent Use of U.S. Weapons in War Crimes

WHAT:The House Foreign Affairs Committee’s Arms Sales Task Force introduced a bill called the Silver Shield Operational End Use Monitoring Act (Silver Shield Act of 2025) to monitor whether U.S. defense articles are used to… more

Arms Export Control Act, Compliance, Defense Sector, Export Controls, Foreign Policy

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Cyber Risks and Insurance 2025 Forecast

As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this… more

Artificial Intelligence, Biometric Information Privacy Act, Business Interruption, Business Losses, California Privacy Rights Act (CPRA)

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[Webinar] Effective PBM Contracting in a Changing World: From Procurement to Contract Execution - May 13th, 1:00 pm - 2:30 pm EDT

The process of procuring a new PBM and perhaps adopting a new pharmacy program design can be excruciatingly long, full of anticipated and unanticipated pitfalls and – if not thoughtfully and meticulously planned – can result in… more

Contract Drafting, Contract Negotiations, Drug Pricing, Pharmaceutical Industry, Pharmacy Benefit Manager (PBM)

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FTC Consumer Protection and Privacy Enforcement Series: Practical Tips for When Your Company Gets an FTC CID

Welcome to our new series on Federal Trade Commission (FTC) enforcement, where we will provide practical insights into emerging FTC priority areas for consumer protection and data privacy enforcement. Overall, the current FTC is… more

Advertising, Civil Investigation Demand, Consumer Protection Laws, COPPA, Data Privacy

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SBA Announces Full-Scale Audit of 8(a) Program

WHAT: The U.S. Small Business Administration (SBA) announced a “full-scale” audit of the 8(a) program after a former United States Agency for International Development (USAID) contracting officer and three 8(a) business owners… more

8(a) Program, Audits, Bribery, Compliance, Defense Contracts

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CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of… more

Appeals, CAFC, China, Constitutional Challenges, Court of International Trade

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FCC Launches New Licensing and Coordination Proposals for Space Launch Service

On December 6, 2024, the FCC’s Wireless Telecommunications Bureau (WTB) released a Public Notice (PN) seeking comment on licensing and frequency coordination procedures for the part 26 Space Launch Service (SLS) rules adopted by… more

Aerospace, Broadband, FCC, Licenses, NTIA

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Federal Court Vacates Portions of Local Television Ownership Rule

On July 23, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated two aspects of the Federal Communications Commission’s (FCC or Commission) regulation restricting the number of television stations that one entity can… more

Administrative Procedure Act, Appeals, Broadcasting, Competition, Deregulation

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President Trump’s Cyber Mandate: Analysis of Executive Order on Strengthening U.S. Cybersecurity

President Trump issued a cybersecurity Executive Order, “Sustaining Select Efforts to Strengthen the Nation’s Cybersecurity” (Trump EO), along with a corresponding Fact Sheet on June 6, 2025. The Trump EO clears some of the… more

Artificial Intelligence, Biden Administration, China, Cloud Computing, Cybersecurity

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Idaho Expands Lobbying Law to Include Grassroots Activity

Idaho has enacted House Bill 398, a significant update to its lobbying statute that expands the scope of regulated activity. For the first time, the law explicitly brings grassroots efforts – such as public mobilization… more

Disclosure Requirements, Election Laws, Ethics, Lobbying, New Legislation

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No Second Bite at the Apple: New Emails Can’t Undo a False Application Response

The United States District Court for the Central District of California, applying California law, has held that an insurer could rescind liability insurance policies based on misrepresentations in the application, even though… more

California, Commercial Litigation, Contract Disputes, False Claims Act (FCA), Fraud

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Wiley Consumer Protection Download (July 29, 2025)

FTC Obtains Temporary Restraining Order and Asset Freeze Against Seven Debt Relief Companies and Their Owners for Allegedly Deceptive Practices. On July 14, the FTC filed a complaint and motion for temporary restraining order… more

Asset Freeze, Consumer Protection Laws, Debt Relief, Disclosure Requirements, Employee Training

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USTR Announces Final Action in Section 301 Investigation into China’s Shipbuilding/Logistics Practices

On April 17, 2025, the Office of the U.S. Trade Representative (USTR) issued its final notice of action in its investigation into China’s unfair practices affecting the shipbuilding and maritime logistics sectors. According to… more

China, Economic Sanctions, Executive Orders, International Trade, Maritime Transport

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Administration Releases Details on Planned Increases to Section 301 Duties on Imports of Steel, Aluminum, Electric Vehicles, Semiconductors, Solar Cells, and Other Products from China

On May 22, 2024, the Office of the U.S. Trade Representative (USTR) released the text of a Federal Register notice detailing the tariff codes to be impacted by the Biden Administration’s proposed increase in tariffs on $18… more

Anti-Dumping Duty, China, Countervailing Duties, Customs, Federal Register

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Annual Update to ETRS Form One Due By October 3, 2025

The Federal Communications Commission (FCC or Commission) has announced that the EAS Test Reporting System (ETRS) is now open for Emergency Alert System (EAS) Participants to file Form One. Under the FCC’s rules, EAS… more

Broadcasting, Cable Television Providers, Communications Act of 1934, Emergency Alerts, FCC

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PPP Loan Program Re-Opens

As we recently detailed, on January 6, 2021, the Small Business Administration (SBA) issued two Interim Final Rules (first rule and second rule) setting forth the regulations for the newly authorized round of PPP funding, which… more

Borrowers, Loan Applications, Loans, Paycheck Protection Program (PPP), Relief Measures

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FCC Sunsets Form 477 Filing Obligations

On December 8, 2022, the Federal Communications Commission (FCC) released an Order sunsetting the obligation of facilities-based providers to report Form 477 broadband deployment data. The FCC’s action is consistent with its… more

Broadband, Data Collection, FCC, Notification Requirements, Telecommunications

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SCOTUS Overrules Chevron and Opens Door to More Challenges Under APA: Environmental Law Implications of Loper Bright and Corner Post

The U.S. Supreme Court issued two opinions at the end of its term impacting environmental law. In Loper Bright Enterprises v. Raimondo, the Court held that courts must exercise independent judgment when determining if an agency… more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Clean Air Act, Corner Post Inc v Board of Governors of the Federal Reserve System

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[Webinar] Effective PBM Contracting in a Changing World: From Procurement to Contract Execution - May 13th, 1:00 pm - 2:30 pm EDT

The process of procuring a new PBM and perhaps adopting a new pharmacy program design can be excruciatingly long, full of anticipated and unanticipated pitfalls and – if not thoughtfully and meticulously planned – can result in… more

Contract Drafting, Contract Negotiations, Drug Pricing, Pharmaceutical Industry, Pharmacy Benefit Manager (PBM)

See all updates »

AI Around the Globe: What to Know in 2024

In this Wiley Connected podcast, hear from Wiley Partners Amb. David Gross, Duane Pozza, Joan Stewart, and Consulting Counsel Jacquelynn Ruff about the latest in international developments surrounding Artificial Intelligence… more

Artificial Intelligence, Biden Administration, EU, Executive Orders, Innovative Technology

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Supreme Court Declares Universal Service Fund Constitutional, Reversing Fifth Circuit Opinion

On June 27, 2025, the U.S. Supreme Court affirmed, in FCC v. Consumers’ Research (Consumers’ Research), the constitutionality of the funding mechanism for the Federal Communications Commission’s (FCC or Commission) Universal… more

Appeals, Broadband, Constitutional Challenges, FCC, Government Agencies

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Indiana Appellate Court Rejects Known Loss and Deemer Clause Defenses for the Second of Two Connected Class Actions Over Toxic Exposures

The Indiana Court of Appeals, applying Indiana law, affirmed a trial court decision finding coverage for attorneys’ fees related to defending the second of two Taiwanese class actions relating to the same underlying toxic… more

Appellate Courts, Attorney's Fees, Bodily Injury, Class Action, Commercial General Liability Policies

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OMB Proposes Procurement Law Changes to Support “Revolutionary FAR Overhaul”

WHAT: The Office of Management and Budget (OMB) recently submitted to Congress 16 proposed changes to procurement laws in support of the “Revolutionary FAR Overhaul” effort, which Wiley has been chronicling here. These proposed… more

Bid Protests, Competition, Contractors, Defense Sector, Federal Acquisition Regulations (FAR)

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[Podcast] Deceiving Your Way to the American Dream: The George Santos Story

In this jaw-dropping episode of Wicked Coin, hosts Diana Shaw and Tatiana Sainati are joined by their Wiley colleague Rob Walker – former Chief Counsel to both the House and Senate Ethics Committees – for an unflinching look at… more

Criminal Prosecution, Cryptocurrency, Ethics, Fraud, Misrepresentation

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Top Ten Considerations for a Joint Venture in a Government Procurement

For government contractors with diverse strengths and shared business objectives, joint ventures—known formally as “contractor team arrangements” (CTA) in the Federal procurement context—can provide significant opportunities for… more

Dispute Resolution, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Procurement Systems, Intellectual Property Protection

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Building a Digital Asset Regulatory Framework: The GENIUS Act and Next Steps

On July 18, President Trump signed into law the Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025 (the GENIUS Act) establishing a regulatory framework for digital assets classified as payment… more

Anti-Money Laundering, Compliance, Cryptocurrency, Digital Assets, Enforcement

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For the Record: Cyber Coverage “For” a Security Breach is Ambiguous under New Mexico Law

The New Mexico Court of Appeals has held that cyber policy language affording coverage “for” a security breach was ambiguous and must be construed broadly to provide coverage for a breach of contract claim “because of,”… more

Appeals, Breach of Contract, Contract Disputes, Cyber Insurance, Data Breach

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Update: Enforcement of DOJ Data Security Program Set to Begin July 9

The U.S. Department of Justice (DOJ) is set to enforce its sweeping new rule on certain U.S. data transactions with countries of concern and covered persons as of July 9, 2025. The new rule regarding “Preventing Access to U.S… more

China, Compliance Dates, Corporate Counsel, Data Privacy, Data Security

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Cyber Regulatory Harmonization: The Prospects and Potential Impacts of Current Efforts

Companies in virtually every critical infrastructure sector have to navigate the maze of duplicative, inconsistent, and fragmented cybersecurity regulations imposed by federal and state governments. For example, as we have… more

Cyber Incident Reporting, Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), Cybersecurity, Cybersecurity Information Sharing Act (CISA), Government Agencies

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BIS Rescinds AI Diffusion Rule and Issues Guidance on Advanced Computing Integrated Circuits

On May 12, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced the rescission of the previously issued Framework for Artificial Intelligence (AI) Diffusion Rule. The following day, May 13,… more

Artificial Intelligence, Bureau of Industry and Security (BIS), China, Enforcement Actions, Export Controls

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DOJ Clarifies Administration’s Stance on What Constitutes “Illegal DEI”

On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memorandum) that provides clarity on what the Administration… more

Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Actions

See all updates »

Supreme Court Holds That Federal Agencies May Seek Punitive Money Penalties Only Before A Jury

Last week the U.S. Supreme Court held in SEC v. Jarkesy that a defendant in a securities fraud suit has the right to be tried by a jury in an Article III court, rather than before an agency’s own tribunal. The Court’s analysis… more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Article III, Civil Monetary Penalty

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DOJ Clarifies Administration’s Stance on What Constitutes “Illegal DEI”

On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memorandum) that provides clarity on what the Administration… more

Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Actions

See all updates »

Cyber Risks and Insurance 2025 Forecast

As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this… more

Artificial Intelligence, Biometric Information Privacy Act, Business Interruption, Business Losses, California Privacy Rights Act (CPRA)

See all updates »

SCOTUS Overrules Chevron and Opens Door to More Challenges Under APA: Environmental Law Implications of Loper Bright and Corner Post

The U.S. Supreme Court issued two opinions at the end of its term impacting environmental law. In Loper Bright Enterprises v. Raimondo, the Court held that courts must exercise independent judgment when determining if an agency… more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Clean Air Act, Corner Post Inc v Board of Governors of the Federal Reserve System

See all updates »

[Podcast] Federal Construction Contracts: Lessons from the Framaco Case

In this episode of Wiley's Government Contracts podcast, Cara Sizemore breaks down recurring issues in construction contracting, such as delays, change requests, and conflicting specifications, through the lens of recent… more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Federal Acquisition Regulations (FAR)

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[Podcast] Managing Software Licenses in Government Contracts: Lessons from Recent Cases

In this episode of Wiley's Government Contracts podcast, Wiley Partner Scott Felder discusses the complexities of software licensing in government contracts. The group covers key issues like license compliance, terminations, and… more

Contract Terms, Department of Defense (DOD), Dispute Resolution, Federal Acquisition Regulations (FAR), Federal Contractors

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[Webinar] Class Action Trends: Website Tracking Pixels and Video Privacy Protection Act (VPPA) Claims - October 27th, 1:30 pm - 2:00 pm EDT

Nearly 100 class actions have been filed against companies whose websites offer video services to consumers and that use tracking pixels to track consumers’ video viewing activity. The use of tracking pixels is an extremely… more

Class Action, Data Privacy, Litigation Strategies, Online Videos, Video Privacy Protection Act

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Annual Update to ETRS Form One Due By October 3, 2025

The Federal Communications Commission (FCC or Commission) has announced that the EAS Test Reporting System (ETRS) is now open for Emergency Alert System (EAS) Participants to file Form One. Under the FCC’s rules, EAS… more

Broadcasting, Cable Television Providers, Communications Act of 1934, Emergency Alerts, FCC

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Supreme Court Decision Could Galvanize Prosecutions of Government Contractors

The U.S. Supreme Court’s May 22 decision in Kousisis v. United States could have wide-ranging implications for criminal and civil fraud cases against government contractors going forward. The Court ruled that a government… more

Criminal Prosecution, Department of Justice (DOJ), Economic Loss Doctrine, Enforcement Actions, False Claims Act (FCA)

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FemTech: Biases and Data Privacy

In this Wiley Connected episode, Associate Krystal Swendsboe sits down with health care Special Counsel Bethany Corbin to discuss FemTech and the biases and data privacy issues in the industry… more

Data Privacy, Health Care Providers, Health Technology, Physicians, Technology Sector

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Intellectual Property Portfolio Development for BioTech Startups in the Plant Space [Webinar]

Mary Sylvia has nearly 30 years experience in microbiology and patent law. Trained initially as a molecular virologist, she focuses primarily on biotech plant and pharmaceutical patent law and the development of intellectual… more

Biotechnology, Copyright, Design Patent, Intellectual Property Protection, IP License

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The Door Closes on Section 1782 Discovery: U.S. Supreme Court Interprets Controversial Law with Decisive Consequences for International Arbitration

The role of U.S. courts in international arbitration has fundamentally shifted. The Supreme Court issued a unanimous decision in ZF Automotive US v. Luxshare holding that 28 U.S.C. § 1782 does not apply to international… more

Discovery, Foreign Tribunals, Intergovernmental Agreements, International Arbitration, SCOTUS

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USTR Announces Final Action in Section 301 Investigation into China’s Shipbuilding/Logistics Practices

On April 17, 2025, the Office of the U.S. Trade Representative (USTR) issued its final notice of action in its investigation into China’s unfair practices affecting the shipbuilding and maritime logistics sectors. According to… more

China, Economic Sanctions, Executive Orders, International Trade, Maritime Transport

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DOJ Affirms Aggressive False Claims Act Enforcement, Highlights Use Against Illegal Trade Practices

The head of the U.S. Department of Justice (DOJ) branch that oversees False Claims Act (FCA) investigations affirmed the Trump Administration’s commitment to pursue civil fraud cases as part of its focus on achieving… more

Customs, Department of Defense (DOD), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

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Commerce Seeks Comments on UAS Imports in New Section 232 Investigation

On July 16, 2025, the U.S. Department of Commerce published a Federal Register notice soliciting public comments on an investigation into the national security impacts of imported unmanned aircraft systems (UAS or drones) and… more

Bureau of Industry and Security (BIS), China, Comment Period, Compliance, Cybersecurity

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Ninth Circuit Privacy Ruling Could Be Used to Expand Potential Forums for E-Commerce Lawsuits

On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand… more

Appeals, Business Litigation, California, Cookies, Corporate Counsel

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Changes at the FEC in 2020

The U.S. Senate voted to confirm three new nominees to serve as Commissioners of the Federal Election Commission (FEC or Commission). The nominees are Shana Broussard, Sean Cooksey, and Allen Dickerson. They are expected to be… more

Federal Election Commission (FEC), Nominations, Trump Administration

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Federal PAC Post-General Election Reports Due December 5

All federally registered PACs are required to file post-general election reports with the Federal Election Commission (FEC) by midnight EST on Thursday, December 5, regardless of their activity. This includes both monthly and… more

Federal Election Commission (FEC), General Elections, PACs, Political Campaigns, Political Candidates

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FCC Bans “Bad Labs” Connected to Foreign Adversaries, Seeks Comment on Additional Restrictions for Equipment Authorization Program

Continuing its efforts under Chairman Brendan Carr’s leadership to safeguard United States communications infrastructure from foreign threats, the Federal Communications Commission (FCC or Commission) adopted an Order and… more

Bureau of Industry and Security (BIS), China, Department of Defense (DOD), Enforcement Actions, FCC

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"One Big Beautiful Bill Act" Passes, Restoring FCC Auction Authority and Establishing Spectrum Pipeline

The Federal Communications Commission’s (FCC) general authority to conduct spectrum auctions lapsed on March 9, 2023, leaving a core pillar of agency responsibility subject to ad-hoc, band-specific authorizations as… more

Department of Defense (DOD), FCC, Government Agencies, National Security, New Legislation

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Commerce Seeks Comments on UAS Imports in New Section 232 Investigation

On July 16, 2025, the U.S. Department of Commerce published a Federal Register notice soliciting public comments on an investigation into the national security impacts of imported unmanned aircraft systems (UAS or drones) and… more

Bureau of Industry and Security (BIS), China, Comment Period, Compliance, Cybersecurity

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Lawsuits Alleging Misconduct Based on Flawed Testing Procedures Deemed Not “Related Claims”

The United States District Court for the Eastern District of Virginia, applying Virginia law, has held that two lawsuits alleging misconduct based on flawed drug testing procedures performed by the insured do not constitute… more

Claims Made Policy, Commercial Insurance Policies, Denial of Insurance Coverage, Insurance Claims, Insurance Contracts

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Trump EO on Preparedness and Resilience Could Signal Major Shifts in Federal Role

On March 19, 2025, the White House released Executive Order (EO) 14239, Achieving Efficiency Through State and Local Preparedness, which calls for a comprehensive review of and changes to many long-standing federal preparedness… more

Critical Infrastructure Sectors, Cybersecurity, Executive Orders, Infrastructure, National Security

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Revolving Door Rules: What You Need to Know Before Hiring from (or Heading to) Government

Hiring from or heading to the federal government? Don’t get tripped up by post-employment or conflict of interest rules. Wiley's Robert L. Walker breaks down the “revolving door” restrictions every organization should know –… more

Compliance, Ethics, Federal Employees, Government Agencies, Lobbying

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UPDATE: Trump Administration Asks Supreme Court to Stay Order Blocking NIH Grant Cancellations

On July 24, 2025, the Trump Administration turned to the U.S. Supreme Court to block U.S. District Judge Young’s preliminary injunction prohibiting the National Institutes of Health (NIH) from cutting hundreds of grant programs… more

Administrative Procedure Act, COFC, Constitutional Challenges, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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FedRAMP Announces New Approach to Assessing Security of Cloud Services Providers, Leveraging Commercial Practices and Tools

WHAT: FedRAMP has announced that it will be working on a new framework for authorization and assessment of cloud services for federal consumption, calling the initiative “FedRAMP 20X” (announcement here). In response to concerns… more

Cloud Computing, Data Security, FedRAMP, Government Agencies, Information Technology

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[Webinar] Chemical Regulation: 2025 Outlook - February 5th, 12:00 pm - 1:00 pm EST

As the second Trump Administration begins, significant shifts in the federal government’s approach to chemical regulation appear imminent. The main forces of change include the ongoing legal challenges to the Toxic Substances… more

Chemical Data Reporting, Environmental Policies, Environmental Protection Agency (EPA), Manufacturers, Memorandum of Understanding

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What Trump’s Broad Deregulatory EO Means for Telecom, Media, and Technology

On February 19, 2025, the Trump Administration issued an Executive Order (EO) titled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative.” As Wiley has… more

Executive Orders, FCC, Federal Trade Commission (FTC), Government Agencies, Regulatory Agenda

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DOE Announces $3 Billion in Funding for U.S. Battery Supply Chain

On May 2, 2022, the Department of Energy (DOE) announced $3.16 billion in funding under the Infrastructure Investment and Jobs Act to make more batteries and battery components in the United States and to bolster domestic… more

Charging Stations, Department of Energy (DOE), Electric Vehicles, Executive Orders, Federal Funding

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Supreme Court Determines Some Copyright Owners Can Recover Damages Beyond the Statute of Limitations

On May 9, 2024, the U.S. Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Sherman Nealy et al. (No. 22-1078), holding that copyright owners can recover damages going back more than three years based on… more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Due Diligence

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CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of… more

Appeals, CAFC, China, Constitutional Challenges, Court of International Trade

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Supreme Court Takes Up Cox Communications Copyright Infringement Case

On June 30, 2025, the U.S. Supreme Court agreed to hear an appeal in Cox Communications, Inc. v. Sony Music Entertainment, setting the stage for the high court to define copyright infringement liability for internet service… more

Appeals, Contributory Infringement, Copyright Infringement, Copyright Litigation, Cox Communications

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Cyber Regulatory Harmonization: The Prospects and Potential Impacts of Current Efforts

Companies in virtually every critical infrastructure sector have to navigate the maze of duplicative, inconsistent, and fragmented cybersecurity regulations imposed by federal and state governments. For example, as we have… more

Cyber Incident Reporting, Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), Cybersecurity, Cybersecurity Information Sharing Act (CISA), Government Agencies

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Donor Disclosure and Lobbying: What Companies, Trade Associations, and Advocacy Groups Need to Know

In recent decades, states and localities have implemented increasingly complex lobbying laws that sometimes require groups to disclose their donors or members when registering to lobby. Unfortunately, while focusing their time… more

501(c)(3), 501(c)(4), Campaign Finance Reform, Connecticut, Disclosure Requirements

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Commerce Confirms that Vietnam Remains a Non-Market Economy

On August 2, 2024, the U.S. Department of Commerce (the Department) determined that the Socialist Republic of Vietnam (Vietnam) continues to function as a non-market economy (NME) and will continue to be treated as such for the… more

Anti-Dumping Duty, Domestic Industry Requirement, Importers, State-Owned Enterprises, Trade Remedies

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Donor Disclosure and Lobbying: What Companies, Trade Associations, and Advocacy Groups Need to Know

In recent decades, states and localities have implemented increasingly complex lobbying laws that sometimes require groups to disclose their donors or members when registering to lobby. Unfortunately, while focusing their time… more

501(c)(3), 501(c)(4), Campaign Finance Reform, Connecticut, Disclosure Requirements

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DOJ Health Care Fraud Takedown and FCA Working Group Signal New Era of Enforcement and Compliance Risks

On July 2, 2025, the U.S. Department of Justice (DOJ) and the Department of Health and Human Services (HHS) jointly announced the next phase of the Administration’s “Whole-of-Government” approach to fighting health care fraud:… more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Justice (DOJ), Electronic Medical Records

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Federal PAC Post-General Election Reports Due December 5

All federally registered PACs are required to file post-general election reports with the Federal Election Commission (FEC) by midnight EST on Thursday, December 5, regardless of their activity. This includes both monthly and… more

Federal Election Commission (FEC), General Elections, PACs, Political Campaigns, Political Candidates

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