All Perspectives

New York Managing Partner Andrew Silfen will speak on a panel at the Association of Insolvency & Restructuring Advisors’ 2026 Bankruptcy & Restructuring Conference on June 5, 2026, in Nashville.

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).

Chicago Partner Matt Prewitt will serve as a panelist at the Trade Secret Strategy Summit: New York, hosted by CenterForce, on June 3, 2026, in New York.

International Trade & Investment Partner Jessica DiPietro will participate in a fireside chat discussing the evolving role of Section 232 as a key tariff tool on June 2, 2026.

The U.S. Food and Drug Administration is building a new regulatory framework for artificial intelligence and machine learning in medical software. This article argues that the FDA’s evolving approach extends beyond a compliance issue for technology developers; it is a market-shaping force that will change how healthcare providers buy, deploy, and govern AI-enabled tools.

Partner James Kim was quoted on how the most recent filing from the US Department of Justice flagging its intention to appeal the judge’s order requiring tariff refunds for all eligible importers is causing additional uncertainty in an already precarious process.

ArentFox Schiff successfully represented STIIIZY — a market leader in cannabis vaporizer products—in a Rule 177 proceeding before Customs and Border Protection (CBP).

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.

ArentFox Schiff is proud to announce that the firm and nine attorneys have been recognized in the 2026 edition of IAM Patent 1000. This international guide highlights leading firms and top patent professionals.

ArentFox Schiff’s Gayland Hethcoat on navigating the line between wellness and medical devices in the longevity era.

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.

Trademark and Copyright Partner Lindsay Korotkin will deliver the closing remarks at the Center for Art Law’s Annual Art Law Conference on May 27, 2026.

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.

ArentFox Schiff served as IP counsel to premier brand management company, Marquee Brands, in a definitive agreement to acquire a majority interest in Italian luxury fashion company, Roberto Cavalli, through a strategic partnership with the Dubai-based conglomerate, DAMAC Group.

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.