7/31/2025 1:44:05 PM Dodging Duties: The Ninth Circuit Affirms an Expansive Application of the False Claims Act By Stephen Chrisos In a key decision with major implications for importers, the Ninth Circuit affirmed that the False Claims Act can apply to customs fraud...
7/29/2025 9:44:09 PM Florida AG Announces Investigation into Climate Nonprofits for Alleged Violations of Consumer Protection and Antitrust Laws Based Upon Environmental Disclosures By Jacob H. Hupart On July 28, 2025, the Republican Attorney-General of Florida announced that his office had “issued subpoenas to investigate whether the...
7/29/2025 1:51:47 PM Real Versus Robot: How to Make Sure You’ve Hired a Human By Jennifer B. Rubin My colleagues recently wrote about the problems AI deepfakes pose in the workplace and some current legislation addressing the risks that...
7/24/2025 8:33:00 PM SEC Refuses to Answer Whether It Will Enforce Climate Disclosure Law If Upheld by Courts By Jacob H. Hupart On July 23, 2025, there was a notable development in the legal proceeding (currently pending in the Eighth Circuit) challenging the...
7/23/2025 7:29:19 PM Missouri AG Launches Investigation of Proxy Advisory Firms Related to Alleged ESG-Focused Recommendations By Jacob H. Hupart The Missouri Attorney-General, Republican Andrew Bailey, recently announced an investigation into the two principal proxy advisory firms...
7/23/2025 6:02:57 PM European Central Bank Plans to Fine Banks for Failures to Address Climate Change By Jacob H. Hupart It has been publicly reported that the European Central Bank is planning to impose financial penalties (albeit modest ones) on certain...
7/23/2025 1:34:00 AM Permission to Innovate: Rethinking AI Adoption in Law Firms By Stephen M. Osborn AI is no longer a distant concept for law firms. It's here -- and it has the potential to transform how we deliver for clients with...
7/17/2025 12:44:29 AM Click to Cancel: What the FTC’s Setback Means for Subscription-Based Businesses By Stephen M. Osborn I had a thought-provoking conversation this week with an in-house counsel about the now-vacated FTC “Click to Cancel” rule—a regulation...
7/15/2025 9:21:13 PM California Issues Additional Guidance Concerning Mandatory Climate Disclosures By Jacob H. Hupart Last week, the California Air Resources Board ("CARB")--the agency responsible for implementing California's mandatory climate...
7/11/2025 9:15:01 PM Big Changes for QSBS: What the 2025 Trump Tax Bill Means for Founders and Investors By Stephen M. Osborn On July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act (OBBBA), a sweeping tax reform package that includes...
7/1/2025 1:54:58 PM EU Commission Abandons Anti-Greenwashing Law By Jacob H. Hupart On June 20, 2025, the EU Commission announced that, following pressure from conservative lawmakers, it would withdraw new legislation...
6/26/2025 11:51:28 PM Bartz v. Anthropic: What the Ruling Means for Businesses Using AI By Stephen M. Osborn In an important decision, the U.S. District Court for the Northern District of California issued a mixed ruling in Bartz v. Anthropic,...
6/24/2025 9:27:56 PM SEC Withdraws Guidance That Companies Must Disclose Foreign Climate Litigation By Jacob H. Hupart Last Friday, on June 20, the SEC withdrew guidance--dating from the George W. Bush administration--that indicated that “disclosure of...
6/24/2025 2:11:59 PM Trump Administration SEC Withdraws Proposed Anti-Greenwashing Rule By Jacob H. Hupart On June 17, the SEC officially withdrew a proposed rulemaking undertaken by the Biden Administration that sought to combat greenwashing...
6/17/2025 2:25:08 PM Canada Refines Focus on Greenwashing Prosecutions By Jacob H. Hupart Recently, the Canadian Competition Bureau published updated guidelines concerning its approach to environmental claims following last...
6/14/2025 6:25:53 PM Demystifying PE-Backed Boards: Opportunity, Risk, and the Evolving Role of Directors By Stephen M. Osborn Private equity boards often carry a certain mystique — and, let’s face it, a bit of stigma. Many directors react to the idea with...