Alerts

Headlines that Matter for Companies and Executives in Regulated Industries

Tennessee lawmakers are setting a new precedent in chemical regulation, including per- and polyfluoroalkyl substances (PFAS), by signing into law an industry-backed bill that requires the use of the “best science available” when developing rules governing PFAS and other chemicals.

On April 7, the Deputy Attorney General (DAG) Todd Blanche issued a memorandum entitled “Ending Regulation By Prosecution,” detailing a significant shift in the US Department of Justice’s (DOJ) approach to digital assets.

During the transition of the London InterBank Offered Rate (LIBOR) to the approved substitute benchmark in the United States, the Secured Overnight Financing Rate (SOFR), a basic question was raised as to whether the new benchmark and transition implementation were fair and reasonable to both the borrower, on the one hand, and the lender in loans, investors in bonds, and bank counterparties in swaps, on the other.

Anthem Inc. has agreed to settle a class action lawsuit brought by participants in employee health plans administered by the insurer.

According to an anonymous US Environmental Protection Agency (EPA) employee, the agency is considering whether to propose a rule that would require the agency to reevaluate the health and environmental risks of certain chemicals, including per- and polyfluoroalkyl substances (PFAS).

As 4/20 approaches, the cannabis industry is aflame with trends and opportunities that extend beyond traditional boundaries. Recent insights reveal a dynamic shift in consumer behavior and consumption methods, offering an opportunity for companies across sectors to capitalize on the ever-evolving cannabis culture.

On April 1, the US Secretary of Commerce initiated a section 232 “national security” investigation, “to determine the effects on national security of imports of semiconductors, semiconductor manufacturing equipment (SME), and their derivative products. This includes, among other things, semiconductor substrates and bare wafers, legacy chips, leading-edge chips, microelectronics, and SME components. Derivative products include downstream products that contain semiconductors, such as those that make up the electronics supply chain.”

Effective April 5, the United States imposed a 10% baseline tariff on imports from nearly all countries, excluding products from Canada and Mexico, and those products contained in the Harmonized Tariff Schedule of the United States Column 2 and the Annex II list attached to Executive Order 14257. In contrast, Chinese imports are subject an increased 125% reciprocal tariff rate, combined with 20% International Emergency Economic Powers Act duty rate in effect since March 4.

Ambulatory surgery centers (ASCs) have become a large and growing part of the health care industry. ASCs offer same-day surgical care, including diagnostic and preventive procedures, and their popularity has recently grown.

Headlines that Matter for Companies and Executives in Regulated Industries

President Trump’s Executive Order (EO) 14187, “Protecting Children from Chemical and Surgical Mutilation,” represents a significant shift in federal policy regarding gender-affirming care (GAC) for minors.

President Trump’s energy-focused ambitions will generate work for regulators at all levels of the government.

In a series of recent legal challenges initiated by the pharmaceutical industry against the US Department of Health and Human Services Office of the Inspector General (OIG), manufacturers have contested the OIG’s long-standing interpretation of the Anti-Kickback Statute (AKS).

The One Day Rest in Seven Act is an Illinois law providing employees with the right to meal breaks and one full day of rest each work week.

Headlines that Matter for Companies and Executives in Regulated Industries

Don’t be fooled by the 90-day pause. It looks like high tariffs will be here to stay and we are in the midst of an all-out trade war with China, including a minimum 145% tariff.

Ford is seeking to stop an aftermarket restoration company from the alleged unauthorized use of the Bronco trademark and trade dress in connection with the rebuild of modern Ford Broncos. The case raises questions of whether brands are doing enough to maintain rights in iconic designs in an increasingly hot marketplace for vintage-inspired goods.

On April 4, US Securities and Exchange Commission (SEC) Commissioner Caroline A. Crenshaw, the sole Democrat serving as a Commissioner, issued a statement critiquing the Division of Corporation Finance’s analysis in its conclusion that stablecoins are not securities.

On April 4, the Division of Corporation Finance of the US Securities and Exchange Commission (SEC) issued a statement providing clarity on the application of federal securities laws to stablecoins, specifically those designed to maintain a stable value relative to the US Dollar (USD).

The California Senate Environmental Quality Committee passed California Senate Bill 682 aiming to ban the sale of products with intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) unless deemed to have “essential uses” and without alternatives.

Public companies can face significant liability based on past operations. While most industrial companies have long-term experience evaluating potential remediation obligations imposed by laws such as the federal Comprehensive Environmental Response, Compensation, and Liability Act, new legal theories and increased litigation from state and local governments heightens the potential for risk.

Welcome to the April 2025 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.

In a legal clash between MLB Players Inc. (MLBPI) and sports betting companies, DraftKings and bet365, the US District Court for the Eastern District of Pennsylvania denied the defendants’ motions to dismiss.

On March 31, a judge in the Eastern District of Texas vacated the US Food and Drug Administration’s (FDA) rule that sought to regulate laboratory-developed tests (LDTs) as medical devices under the Federal Food, Drug, and Cosmetic Act (FDCA).