News & Press Releases

Endpoints News featured commentary from Mitchell Clough in an article about the impending deadline for two major drugmakers to appeal Inflation Reduction Act challenges to the US Supreme Court as the first set of negotiated Medicare drug prices is scheduled to take effect on January 1, 2026. While many experts doubt that the Supreme Court will intervene before the January deadline, companies may still hope for eventual rulings that could invalidate or reshape the program.

Fiduciary News recently featured insights from Of Counsel Michelle Capezza examining how 401(k) plans are evolving amid a broader shift toward corporate paternalism in retirement planning. The piece discusses how employers are increasingly embedding lifetime income and guided-saving features to help workers achieve retirement readiness as traditional pensions decline.

Of Counsel Michelle Capezza shared insights with Fiduciary News about the complexities of ERISA fiduciary roles and the distinction between 3(21) advisors and 3(38) investment managers. A 3(21) co-fiduciary advisor provides non-discretionary advice in partnership with the plan committee, who retains the responsibility to make investment decisions, while the 3(38) model delegates true discretion to a 3(38) manager, limiting the committee’s responsibility to the prudent selection and oversight of that manager.

The Bond Buyer featured comments from Retail and Consumer Products Co-chair Charles Samuels in an article about the municipal bond market’s reaction to the end of the federal shutdown. Though an end to the shutdown has been welcomed enthusiastically, Congress faces another funding deadline in January, and challenges still remain, such as uncertainty over a planned vote on Affordable Care Act subsidies.

Law360 published an article written by Intellectual Property Division Chair Michael Renaud, Members Brad Scheller and Michael McNamara, and Associate Stephen Chen about how postponing the identification and documentation of trade secrets until litigation is underway can lead to costly losses even before summary judgment. In the article, the attorneys analyze two recent appellate decisions that highlight the need for specificity, secrecy, and evidentiary proof at a level of detail that typically requires preparation of documentation and alignment of strategy well in advance.

Member Steven Shparber was quoted in a Law360 article about how PJM Interconnection, the nation’s largest regional grid operator, may face increased pressure to give states a formal role in its policymaking following the election of New Jersey and Virginia governors. Both governors-elect campaigned on energy affordability and have criticized PJM for its lack of transparency and contribution to high energy costs.