INSIGHTS
Client Alerts & Publications
Reducing Cybersecurity Risks in Real Estate Transactions
Real estate transactions are increasingly targeted by cybercriminals due to the large sums of money involved, strict closing timelines, and the multiple parties exchanging sensitive information—often electronically and under time pressure. While buyers, realtors, and title companies each face their own unique cybersecurity risks, one of the most effective ways to reduce those risks is through early and ongoing communication among all parties involved.
Supreme Court Petition Targets “After-Developed” Technology in Patent Validity—and a Deep Split at the Federal Circuit
A closely watched petition for certiorari asks the Supreme Court to resolve a fundamental question in patent law: may courts consider after-developed technology when assessing validity under Section 112’s written description and enablement requirements? The petition arises from the Federal Circuit’s decision in In re Entresto, which sustained validity while accepting a broad infringement construction that captured a later-invented chemical “complex.” The outcome could reshape patent drafting, litigation strategy, and freedom-to-operate assessments across life sciences, high tech, and beyond.
A Tiger Lurking in the Grass: What Employers Need to Know about the New “Continuous Vetting” Initiative
Employers and their foreign workers must ensure that there is not a tiger lurking in the garden with respect to the viability of their visas because of the significantly increased possibility of visa revocations, deportations, and scrutiny.
The DEI Quagmire For Companies: How Differing Views About DEI Across Jurisdictions Create Risks That Can Be Mitigated
Multinational employers now must navigate a quagmire with respect to any diversity, equity, and inclusion (DEI) efforts because of the tension between differing federal, international and some state laws and policies. This tension raises risks for multinational employers. This client alert outlines the shift in federal guidance on DEI; the tension between federal, international and state policies on DEI, and highlights ways in which companies may be able to mitigate risk.
USPTO Director Reverses PTAB § 101 Rejection, Reaffirms Patent Eligibility for AI Innovations
On September 26, 2025, John Squires, the Under Secretary of Commerce and Director of the USPTO, vacated a PTAB decision that ruled an AI invention ineligible for patenting, emphasizing the need for Examiners to adhere to Federal Circuit precedents like Enfish. This decision demonstrates his commitment to ensuring that genuine technological improvements receive appropriate patent protection.
President Trump’s H-1B Proclamation Issued Friday, September 19, 2025
In the late afternoon on September 19, 2025, President Trump issued a Proclamation - Restriction on Entry of Certain Nonimmigrant Workers - that immediately, directly, and materially impacts employers and employees who use H-1B Visas. Here is what you need to know.
Michigan Bill Proposes Restrictions on State CBDC Participation and Enhanced Protections for Digital Asset Users
Earlier this year, the Michigan House of Representatives introduced several new bills aimed at fostering blockchain innovation and addressing certain open issues regarding the treatment of digital assets. As discussed herein, one of these bills, HB 4511 of 2025, provides digital asset users and associated service providers helpful guidance on the state’s current approach to this technology while reflecting broader policy trends at the state and federal levels.
Bulk Data Transfer Rule Highlights Heightened Compliance Risks for Location Data
The Department of Justice’s (DOJ) new Bulk Transfer Rule is intended to protect against countries of concern from receiving personal information on U.S. citizens due to national security concerns, placing precise geolocation data at the center of scrutiny. Companies will struggle to understand whether the rule's requirements apply to the vast amounts of location-enabled data they are collecting and processing.
USPTO Issues New Guidance on Patent Subject Matter Eligibility under 35 U.S.C. § 101
On August 4, 2025, the USPTO issued critical guidance that could significantly reduce § 101 rejections for AI and software patents. This memorandum reinforces existing law but provides examiners with clearer boundaries and a higher standard for making eligibility rejections. For companies developing AI, machine learning, and software technologies, this guidance represents a more favorable examination environment and opportunities to overcome previously problematic rejections.
Treasury/IRS Issues “Beginning of Construction” Guidance for Wind and Solar Under OBBBA (Notice 2025-42)
On August 15th, Treasury and the IRS released Notice 2025-42, which sets out the controlling standards for when construction is treated as having begun, narrows reliance on prior safe harbors, and details continuity, contracting, transferring, and low-output solar rules.
ICE and I-9 Audits – The Stakes Have Never Been Higher for Employers
Now more than ever, employers must ensure that they are complying with federal immigration law, which requires verification of the identity and work authorization of employees and prohibits employers from hiring unauthorized workers in light of three significant shifts in federal policy.
DOJ Issues Long-Awaited Guidance Regarding DEI
On July 29, 2025, the DOJ released new guidance clarifying the legal boundaries of Diversity, Equity, and Inclusion (DEI) initiatives for recipients of federal funds. Employers that receive federal funding should take note of these developments to ensure compliance and minimize exposure to legal and financial risk.
No Company Too Small: Safeguarding Privacy and Cybersecurity in Renewable Energy
In today’s digital landscape, cybersecurity and data privacy must be part of the core strategy—not an afterthought. These are not just “big company” concerns. Cybersecurity threats and compliance requirements impact every player in the renewable space, regardless of size or budget.
Tax Implications Under The One Big Beautiful Bill
On July 4, 2025, President Trump signed into law the tax and spending bill colloquially known as the “One Big Beautiful Bill” (OBBB). The OBBB, which represents the most significant overhaul of federal tax law since passage of the 2017 Tax Cuts and Jobs Act (TCJA) during President Trump’s first administration, makes permanent and enhances many of the tax-reduction provisions contained in the TCJA that were scheduled to sunset at the end of 2025. This alert is a high-level summary of certain key provisions of the OBBB affecting individuals, businesses, employers, international taxpayers and the energy sector.
FinCEN Order Under U.S. Fentanyl Sanctions Act and the FEND OFF Fentanyl Act
Recent developments in U.S. policy giving rise to enforcement action by the U.S. Department of Treasury’s Financial Enforcement Network (FinCEN) sound a cautionary note for U.S. financial institutions. An article we recently posted regarding the U.S. Department of Justice’s updated guidelines regarding the Foreign Corrupt Practices Act, called attention to the Trump administration’s focus to “pursue the total elimination of Cartels and transnational criminal organizations”. This latest FinCEN enforcement action further defines this focus.
Department of Justice Issues Updated FCPA Guidelines
On June 9, 2025, the U.S. Department of Justice (“DOJ”) issued updated Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act. The Guidelines comply with President Trump’s February 10, 2025 Executive Order 14209 and follow Attorney General Pam Bondi’s February 5, 2025 Memorandum, both of which focus on prioritizing “American interests, American economic competitiveness with respect to other nations, and the efficient use of Federal law enforcement resources.”
Trade Court Rules Most Trump Tariffs Illegal
The U.S. Court of International Trade (USCIT or the Court) has ruled most of President Trump’s tariffs illegal, finding he exceeded his authority in imposing sweeping tariffs on China and global trading partners based on the International Emergency Economic Powers Act (IEEPA). The Court vacated most of the Trump tariffs, and gave up to ten days for the President to terminate the tariff collections process.
House Passes “One Big Beautiful Bill Act” with Significant Cuts to IRA Renewable Energy Tax Credits
On May 22, 2025, the U.S. House of Representatives passed H.R. 1, titled the “One Big Beautiful Bill Act” (“House Bill”), a budget reconciliation bill that introduces sweeping changes to the Inflation Reduction Act (“IRA”) clean energy tax credits. This legislation, which passed by a narrow, party-line vote, could profoundly impact the renewable energy sector by accelerating the phaseout of key incentives and imposing stringent timelines for project eligibility.
SEC and FINRA Follow Suit with Other Regulators Opening Up Crypto Asset Custody
On May 15, 2025, the U.S. Securities and Exchange Commission (“SEC”) took significant actions towards facilitating the ability of broker-dealers to custody and transfer agents to record ownership of digital assets.
DEI and the Law: A Practical Guide for Employers
In an era of rising political scrutiny and shifting legal interpretations, many employers are asking the same question: Can we still do DEI? The short answer, according to former EEOC Commissioner Chai Feldblum, is a resounding yes—as long as it’s done lawfully, thoughtfully, and inclusively. Given the current political and legal climate, it’s crucial for employers to understand how to navigate these complexities while maintaining their commitment to diversity, equity, and inclusion.