Alerts

The tariff rollercoaster continues! Late in the evening on June 2, the US Trade Representative (USTR) issued its much anticipated notice of determinations in its Section 301 investigation concerning the failure of various economies to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.

On May 28, the US Environmental Protection Agency (EPA) issued a final rule that reinstates the longstanding emergency affirmative defense provision under the Clean Air Act’s Title V operating permit programs (the “Emergency AD” rule).

In a 2-1 decision authored by Judge Timothy B. Dyk, the Federal Circuit reversed a jury verdict awarding Insulet Corporation over $59 million in compensatory and exemplary damages for trade secret misappropriation under the Defend Trade Secrets Act (DTSA).

Headlines that Matter for Companies and Executives in Regulated Industries

In Mandel v. Last Brand, Inc. d/b/a Quince, direct-to-consumer retailer, Quince, is pushing back against a proposed class action that accuses it of defrauding customers as to the pricing of its products sold on its website.

On May 1, the Connecticut legislature approved Senate Bill 5 (SB 5), an Act Concerning Online Safety, which Governor Ned Lamont has indicated he intends to sign.

On May 14, the US Supreme Court issued a unanimous opinion in Jules v. Andre Balazs Properties, resolving a circuit split on a question of practical importance to parties litigating in federal court who are subject to arbitration agreements.

The US Securities and Exchange Commission (SEC) has proposed comprehensive amendments to modernize securities registration. The proposed rules would dramatically expand Form S-3 eligibility, replace the well-known seasoned issuer (WKSI) framework for domestic issuers with a new three-tier system, modernize Form S-1, and preempt state securities law registration for all registered offerings.

On April 20, the Delaware Court of Chancery issued a post-trial opinion in DSM HoldCo, Inc. v. Demoulas, upholding the termination of Arthur T. Demoulas as president and CEO of the Market Basket grocery store chain.

One week after the US House of Representatives passed a Farm Bill that expressly integrates food security into national security, Congressman John Moolenaar, Chairman of the Select Committee on China, and 13 bipartisan cosponsors introduced a standalone bill that would take significant additional steps aimed at safeguarding US national security and food security.

On April 29, the US Food and Drug Administration (FDA) published a Request for Information (RFI) seeking public comment on a proposed pilot program to test the use of artificial intelligence (AI) in early-stage clinical trials for drugs and biologics. Comments are due June 29.

Headlines that Matter for Companies and Executives in Regulated Industries

Welcome to the May 2026 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

The US Securities and Exchange Commission (SEC) has formally rescinded Rule 202.5(e) — the “gag rule” — which had been in effect since 1972.

Colorado scrapped its original artificial intelligence (AI) law (SB 24-205) before it could take effect on June 30, and replaced it with SB 26-189, which is effective January 1, 2027.

A $4.7 million jury verdict against Wayfair underscores the risks employers in Massachusetts face when handling employees’ return from paid leave.

Until recently, no state or federal law specifically governed ownership or rights in agricultural and livestock data. If ownership allocations were addressed at all, it was by contract.

Tennessee is the latest jurisdiction to enact legislation restricting and defining the permissible use of noncompete agreements.

On May 12, the US Department of Justice (DOJ) announced that Perfectus Aluminum Inc., Perfectus Aluminum Acquisitions LLC, and four affiliated warehousing companies agreed to one of the highest customs fraud settlements ever: a $549.5 million resolution of civil False Claims Act (FCA) allegations that they knowingly evaded antidumping and countervailing duties (AD/CVD) on aluminum extrusions imported from China.

Headlines that Matter for Companies and Executives in Regulated Industries

On May 13, the Centers for Medicare & Medicaid Services (CMS) implemented two separate nationwide moratoria that halt the Medicare enrollment of new home health agencies (HHAs) and hospice providers. The moratoria took effect immediately.

Last year, we reported that Nebraska senators introduced the Agriculture Data Privacy Act (LB525), a first-of-its-kind privacy bill specifically aimed at regulating agricultural-sector data.

Mail and telemedicine access to mifepristone — used together with misoprostol to end an early pregnancy — is in flux following a Fifth Circuit Court of Appeals ruling that restricts mail-order distribution of the medication nationwide, and the US Supreme Court’s subsequent administrative stay restoring the status quo ante on a temporary basis.

In the latest episode of Five Questions, Five Answers, host Birgit Matthiesen is joined by ArentFox Schiff colleagues Jackson David Toof and Mario A. Torrico for a conversation on the False Claims Act (FCA), its origins, and its continued importance as a tool to combat fraud against the federal government.

On April 24, the US Attorney’s Office for the Eastern District of Tennessee announced a $2.1 million settlement with Echelon Fitness Multimedia, LLC, resolving False Claims Act (FCA) allegations of undervaluation leading to the underpayment of duties.