On October 22, 2026, the U.S. Department of Justice (DOJ) Civil Division and the U.S. Department of Health and Human Services (HHS) announced a six-month Healthcare False Claims Act Self-Disclosure Pilot Program (FCA SDPP). The FCA SDPP establishes a voluntary self-disclosure process through which healthcare companies that satisfy specified eligibility requirements may obtain a coordinated civil release from liability under the FCA and certain HHS administrative authorities. The six-month FCA SDPP seeks to reward those who are proactive in engaging with the Government by describing specific benefits for self-disclosing alleged corporate misconduct.

On October 16, 2026, China’s Ministry of Commerce (MOFCOM) and Ministry of Science and Technology issued Announcement No. 48 (Announcement), proposing to add 40 technologies in artificial intelligence, biomedicine and photovoltaics to the Catalogue of Technologies Prohibited or Restricted from Export. Public comments are due by November 15, 2026. Although the proposed amendments remain subject to consultation, interim pre-export registration requirements took effect upon issuance of the Announcement and apply to exports already underway but not yet completed. In an accompanying press Q&A, a MOFCOM spokesperson explained the rationale for the proposed additions and clarified their scope, including the treatment of overseas AI deployment, facilitation measures and the interim registration requirements.

On October 20, 2026, the National Fraud Enforcement Division (NFED) at the U.S. Department of Justice (DOJ) announced a Whistleblower Incentive Program (WHIP) pilot, backed by a $25 million commitment from the Department of the Treasury. The announcement came just 19 days after NFED Assistant Attorney General Colin M. McDonald issued a memorandum directing NFED leadership to develop such a program.

The one-year suspension of the Bureau of Industry and Security (BIS) “Affiliates Rule” announced in November 2025 is set to end on November 9, 2026. U.S. Treasury Secretary Scott Bessent stated in an interview on September 23, 2026, that the Affiliates Rule suspension will be extended two months through January 10, 2027, though BIS has not yet published a notice implementing the extension. The ultimate outcome of the suspension remains uncertain as the U.S.-China trade relationship evolves and the U.S. midterm elections approach. This alert recaps the rule, its suspension and its current status and outlines compliance steps companies should consider in case the Affiliates Rule comes into force in January 2027 or sooner.

On August 3, 2026, Judge Shireen A. Barday of the U.S. Bankruptcy Court for the Southern District of New York entered a supplemental provisional relief order in the chapter 15 cases of Grupo Antolín-Irausa, S.A.U. and its affiliates. The order temporarily restrains certain noteholders from continuing to pursue winding-up petitions in the United Kingdom against three English subsidiaries. The Court preliminarily treated the Debtors’ rights under euro-denominated notes governed by New York law and related guarantees as property within the territorial jurisdiction of the United States and stayed the petitions as actions against that property. The ruling is provisional. The Court has not finally decided where those rights are located, whether the noteholders violated its earlier order, or whether the petitions must be withdrawn. In re Grupo Antolín-Irausa, S.A.U., No. 26-11679 (SAB), Dkt. No. 38 (Bankr. S.D.N.Y. Aug. 3, 2026).

January 1, 2027, is less than three months away. On that date, Defense Federal Acquisition Regulation Supplement (DFARS) 252.225-7052 (MAY 2024) expands by its own terms, potentially making material in an organization’s stock compliant on December 31, 2026, and noncompliant one day later. A post-2026 delivery under an agreement containing that clause may be barred because of covered-country mining, refining or separation, even if the material was previously placed in inventory. Congress has changed the statutory upstream restriction to focus on the contract-award date, but contractors must still address any conflicting obligations in their existing agreements. There is a solution, however, that may delay impacts and give the supply chain more time to develop alternate sources for samarium-cobalt or neodymium-iron-boron magnets, tantalum, or tungsten, whose upstream supply chains involve a covered country.

In a recent decision, U.S. Bankruptcy Judge Jerrold N. Poslusny, Jr. of the U.S. Bankruptcy Court for the District of New Jersey dismissed breach of fiduciary duty claims brought by Rite Aid Corporation’s post-confirmation litigation trustee against 23 former directors and officers for lack of subject matter jurisdiction. Judge Poslusny found that the confirmed plan’s retention of jurisdiction provisions were too general to establish the “close nexus” required for post-confirmation “related to” jurisdiction. (“[A]lthough the language in the Plan is explicit in listing breach of fiduciary claims, it lists such a broad range of potential claims as to essentially function as a blanket retention of jurisdiction over all potential claims”).

As we recently reported, New Jersey has petitioned the Supreme Court to review a Third Circuit decision holding that federal commodities law likely prevents the state from applying its gaming laws to Kalshi’s sports-event contracts.

In an exclusive statement provided to Axios, President Trump’s super intelligence (also known as artificial intelligence) task force has demanded that AI providers provide immediate disclosure and remediation of AI incidents. The requirement follows recent news regarding breaches or incidents caused by AI. In particular, Anthropic recently described models exploiting software flaws to run commands on a server, submitting sensitive forms to real websites, accessing gated data and circumventing tool restrictions during evaluations and internal use.

On October 1, the National Fraud Enforcement Division (NFED) of the Department of Justice (DOJ) issued Directive 26-12, describing how it will handle corporate fraud cases. NFED was created in January 2026 as part of President Trump’s Task Force to Eliminate Fraud, a whole-of-government effort chaired by Vice President Vance to “eliminate fraud, waste, and abuse within Federal benefit programs.” The Directive identifies the matters the Division will prioritize, gives its Corporate Enforcement Section a role throughout corporate investigations and specifies factors prosecutors must weigh heavily when considering charges and resolutions. It does not change DOJ’s existing corporate voluntary self-disclosure policy.

The recent surge in data center financing has typically encompassed both physical data center facilities and the graphics processing unit (GPU) systems housed within them. However, the debt markets for AI infrastructure are beginning to move beyond this integrated model, and GPU systems are increasingly being financed separately from the longer-lived data center assets that support their operation. Recent transactions show that identified GPU systems can sit in dedicated financing subsidiaries supported by customer contracts and the cash flows associated with their deployment. For purposes of this alert, “GPU systems” means the GPU accelerators together with the servers or compute trays in which they are installed, related networking and other system-level hardware.

Governor Newsom signed Assembly Bill (AB) 2577 into law on September 27, 2026, and the amendments are effective on January 1, 2027. According to the author of AB 2577, the bill was intended to strengthen judicial oversight over Proposition 65 settlements, which will both promote public trust in the law and continue to protect public health and the environment. Those practicing in the Proposition 65 space are aware that the Attorney General’s office has already been more closely scrutinizing proposed settlements.

On September 30, 2026, the chairs and ranking members of the Senate Environment and Public Works Committee and the Senate Energy and Natural Resources Committee introduced the Bipartisan American Affordability and Jobs Act of 2026 (the “Act”). It proposes changes affecting energy, transmission, mining and other infrastructure projects through amendments to the National Environmental Policy Act (NEPA), Clean Water Act (CWA), Endangered Species Act (ESA), National Historic Preservation Act (NHPA), Federal Power Act (FPA) and other project-specific permitting statutes. The provisions discussed below reflect the bill as introduced and may change during negotiations.

On September 30, 2026, Governor Newsom signed SB 690. Effective January 1, 2027, it eliminates private actions for website- and app-based pen-register and trap-and-trace claims under the California Invasion of Privacy Act (CIPA) while leaving other CIPA claims available to private plaintiffs and applying retroactively to certain pending cases. It also applies retroactively to certain pending claims filed before the law’s effective date.

Holders of Chinese court judgments have long been told that enforcement in the United States is impractical: no bilateral judgment-recognition treaty, no federal statute generally governs recognition of foreign-country money judgment (recognition is governed by state enactments of the Uniform Foreign-Country Money Judgments Recognition Act (UFCMJRA)), no guarantee. Recent appellate decisions in New York and California confirm that Chinese money judgments can be recognized and enforced when the statutory requirements are met, but they also show that recognition is not automatic. The decisive issues are increasingly the creditor’s proof, the timing and form of the application, case-specific defenses, provisional relief and the location of collectible assets.

On September 8, 2026, the IRS issued Notice 2026-53, providing new guidance on the determination of emissions rates for purposes of the clean fuel production credit (CFPC) under section 45Z of the Internal Revenue Code (IRC). Notice 2026-53 primarily covers three topics.

The Securities and Exchange Commission (Commission) has created a temporary, conditional pathway for a specific type of on-chain secondary market in tokenized public stocks. The five-year Order permits qualifying Tokenized Securities Venues (TSVs) to operate permissioned automated market maker (AMM) liquidity pools for tokenized National Market System (NMS) stock without registering as national securities exchanges or as broker-dealers and without operating as alternative trading systems (ATSs). It also provides limited dealer relief for certain firms that supply proprietary liquidity to those pools.

We have previously examined the rapid growth of prediction markets and burgeoning litigation. The basic dispute is straightforward: Prediction-market operators say their “event contracts” are federally regulated derivatives; states, Tribes and commercial casinos disagree, contending these contracts are simply sports bets by another name, and are subject to the same regulations as other forms of gaming.

On September 4, 2026, the Department of the Treasury (Treasury) and Internal Revenue Service (IRS) published a proposed rule, Racial Nondiscrimination in Private Schools, that would codify and revise the federal tax-law nondiscrimination requirements for private schools currently operating under section 501(c)(3) of the Internal Revenue Code (“Tax Exempt Schools”). For purposes of the rule, the term “school” includes elementary, secondary, and post-secondary educational organizations. Section 501(c)(3) exempts from federal income tax organizations that are organized and operated exclusively for religious, charitable, educational, or other specified purposes, including qualifying private schools.

On September 10, 2026, the Small Business Administration (SBA) announced new guidance implementing recent reforms to the 8(a) Business Development Program for individually owned firms. The guidance addresses three key areas: (1) the treatment of pending applications under the new social disadvantage standard; (2) the reinstatement of the “potential for success” review requirement; and (3) the prioritization of 8(a) applications from firms in defense-critical industries.

Over the past five weeks, the California Air Resources Board (CARB) has taken two important actions to further develop the state’s Corporate Greenhouse Gas Reporting and Climate Related Financial Risk Disclosure Programs.

As students head back to school this fall, government contractors considering a sale have some homework of their own. Companies serving federal customers, particularly in the defense, aerospace and technology sectors, continue to attract substantial interest from strategic buyers and investors alike. But government contractors also operate under contractual and regulatory requirements that can create unique issues in an M&A transaction. Those issues can affect valuation, deal structure, representations and warranties, closing conditions and transaction timing. For sellers, the best time to identify these issues is before buyers begin diligence.

Cryptoassets are frequently described as decentralized and borderless. Crypto transactions can occur across a range of networks, unconstrained by geography and not controlled by traditional financial infrastructure. This characterization has driven the rapid growth and appeal of the sector, and the rules of the road are not always clear.

On August 28, 2026, California lawmakers announced a late-session compromise with Gov. Gavin Newsom’s participation on two bills addressing the electricity demands of data centers. The bills now head to the Governor’s desk for signature after passing both houses on August 31, 2026, the final day of the California legislative session. The package responds to ratepayer concerns over generation and grid-upgrade costs associated with data center development while avoiding a statewide moratorium on such development overall. The principal measures are Senate Bill (SB) 886, introduced by Senators Steve Padilla and Jerry McNerney, and Assembly Bill (AB) 2383, introduced by Assemblymember Rick Chavez Zbur. The final package requires the California Public Utilities Commission (CPUC) to create special rates and updated rules for data-center electricity use, including assigning qualifying data centers responsibility for grid upgrades triggered by their interconnection.

On August 7, 2026, the Committee on Foreign Investment in the United States (CFIUS) published its 2025 Annual Report. Overall, filing volume increased, with 347 covered transactions reviewed compared to 325 the prior year. As with prior years, most transactions filed with CFIUS were cleared without mitigation.

When a party is subject to parallel litigation before both the U.S. International Trade Commission (ITC) and a U.S. district court, it may be able to seek a mandatory stay. To obtain a mandatory stay in the district court, the same claims and issues must be involved in both actions, and the party must seek the stay within 30 days of being named as a respondent in the ITC proceeding or within 30 days of the district court action being filed, whichever is later. 28 U.S.C. § 1659(a).

On August 20, 2026, the Small Business Administration (SBA) published a proposed rule that would fundamentally restructure the way the agency establishes small business size standards for federal contracting and lending programs. As described in the accompanying revised methodology white paper, the proposed rule revises the size-standard methodology for many industries across the economy, consolidates 995 size standards into 338, and shifts many industries into employee-based size standards. Comments on both the proposed rule and the revised methodology are due by September 21, 2026.

Ella Langley laments in her break-out song that she lost her boyfriend’s affection when a big-haired, two-steppin’ Texas gal waltzed in between them. While the charms of a Dallas blonde caused Ms. Langley’s beau to choose the lone star state over Tennessee, the bloom certainly came off the yellow rose in the get-rich-quick scheme addressed in Deutsch v. Comm’r. But as we’ll see, it still pays to be a good ol’ boy because in this memorandum decision rendered on August 14, 2026, the Tax Court put a right quick end to the taxpayer’s conniption about not being able to deduct his losses. The decision is important for two reasons: (1) the loss deduction was permitted even though the court could only speculate who absconded with the money and (2) losses incurred in investment schemes remain deductible even though many other itemized deductions have been repealed.

On August 3, 2026, Governor Greg Abbott directed the Public Utility Commission of Texas (PUCT) and the Electric Reliability Council of Texas (ERCOT) to conduct a comprehensive verification and audit of data center projects advancing through ERCOT’s interconnection process before additional projects are approved to move forward. The directive states that projects failing to comply with applicable PUCT, ERCOT and state-law requirements must be denied connection to the Texas power grid.

With only three months to go until the 2026 midterm elections, it remains uncertain whether the House and Senate will be controlled by one political party or if control of the two chambers will be split between the parties. However, it is increasingly likely that the margins for the majority in each chamber of Congress will be narrow. This means that companies, trade associations and other organizations will be fighting tooth and nail to achieve legislative and oversight priorities that align with their interests.

What Happened

On August 3, 2026, Governor Greg Abbott directed the Public Utility Commission of Texas (PUCT) and the Electric Reliability Council of Texas (ERCOT) to conduct a comprehensive verification and audit of data center projects advancing through ERCOT’s interconnection process before additional projects are approved to move forward. The directive states that projects failing to comply with applicable PUCT, ERCOT and state-law requirements must be denied connection to the Texas power grid.

The Eleventh Circuit’s recent decision in Owoc v. The Liquidating Trustee on Behalf of the Liquidating Trust, No. 24-14048 (11th Cir. Aug. 10, 2026), highlights how tax considerations can materially affect the economics of a bankruptcy, especially where the debtor is an S corporation (S corp).

On July 20, 2026, President Trump issued a sweeping Executive Order (EO) 14415 titled. “Securing America’s Defense Supply Chains and Ensuring Domestic Acquisition of Critical Materials.” In summary, the EO directs:

On August 6, 2026, President Trump issued Proclamation 11052 announcing the results of the Department of Commerce (Commerce) investigation under Section 232 of the Trade Expansion Act of 1962 into imports of polysilicon. The resulting action has significant implications for both the solar and semiconductor industries, covering polysilicon ingots and wafers, as well as downstream solar cells and modules. The Proclamation also foreshadows new tools that could be deployed in other future trade measures addressing supply chain risk for critical materials.

On August 11, 2026, the Small Business Administration (SBA) issued its final rule to remove the rebuttable presumption of social disadvantage for individually-owned firms. This rule significantly changes how individuals establish social disadvantage for purposes of admission into the 8(a) Business Development Program. Although the SBA received more than 100 comments on its proposed rule that was published on June 11, 2026 (discussed in our previous alert), the final rule essentially adopts the SBA’s proposed rule. This rule takes effect on September 10, 2026, and applies to all 8(a) applications pending on that date.

On August 4, 2026, the Department of Commerce’s Bureau of Industry and Security (BIS) issued an unpublished notice, “Defense Priorities and Allocations (DPAS) Directive Allocation Order and Additional Requirements for Recoverable Critical Minerals and Materials (Directive),” requesting comments on a temporary final rule (TFR). The TFR, which implements a Presidential Determination under Title 1 of the Defense Production Act (DPA) broadly authorizing the Commerce Department to impose export restrictions on “recoverable critical minerals and materials” (CMMs). The TFR restricts, effective August 27, 2026, through August 27, 2027, the export of black mass in electrical and electronic waste (e-waste) and tungsten scrap, subject to adjustments and exceptions. This is the first allocation order restricting exports from the Department of Commerce and may foreshadow additional directives targeting other recoverable CMMs, as well as additional authorizations targeting other sectors.

The Tax Court’s August 6, 2026, decision in SIH Partners LLLP brought back a college memory of the three guys running what seemed to be a non-stop poker game in an on-campus dorm room. How could I know then that after graduation these risk jockeys would go on to form Susquehanna International Group (SIG), probably the most successful market maker on Wall Street? In the Tax Court case, SIG (through the named taxpayer) used a basket swap (a generally accepted risk mitigation strategy) to bolster a 10x after-tax return on a portfolio of Swiss stocks. But in an exceedingly rare instance, the smartest guys in the room (and certainly my alma mater) lost on the tax benefits from the trading strategy. This article looks inside the basket to unpack the trade and how the Internal Revenue Service (IRS) prevailed over traders whose specialty is trading strategies that “push legal boundaries” to reduce tax liability.

On July 28, 2026, the Federal Communications Commission’s (FCC) Public Safety and Homeland Security Bureau issued a Public Notice further expanding the categorical location-based prohibitions of the Covered List to include (1) foreign-produced power inverters and (2) foreign-produced advanced robotic devices. The Public Notice came a day after the FCC’s receipt of two National Security Determinations that determined such equipment “poses an unacceptable risk to the national security of the United States or the security and safety of United States persons.”

On July 27, 2026, the Tax Court released its decision in HRM Holdings Company. In the decision, the Tax Court prevented a consolidated group of corporations from accessing net operating loss (NOL) carryovers incurred by a predecessor of the common parent of the affiliated group. The decision has important ramifications for loss companies developing plans for NOL utilization. Mark Leeds and Nora Burke, both tax partners in Pillsbury’s New York office, regularly work with loss corporations on the myriad limitations faced by such corporations in accessing their tax attributes. In the linked White Paper, they analyze the new decision and offer thoughts on how the disallowance could have been avoided.

As most employers know, the Occupational Safety and Health Administration (OSHA) requires employers with more than 10 employees to keep a record of occupational injuries and illnesses on OSHA’s Form 300 (Log of Work-Related Injuries and Illnesses) and Form 301 (Injury and Illness Incident Report). The Occupational Safety and Health Act requires the Secretary of Labor to “prescribe regulations requiring employers to maintain accurate records of, and to make periodic reports on, work-related deaths, injuries and illnesses …. ” 29 U.S.C. § 657(c)(2).

On July 21, 2026, the Federal Communication Commission’s (FCC) Public Safety and Homeland Security Bureau (PSHSB) and Office of Engineering and Technology (OET) issued a Public Notice seeking comment on whether to expand the scope of restrictions on certain foreign-produced unmanned aircraft systems (UAS) and UAS critical components on the Covered List (Public Notice). The Public Notice proposes to prohibit the continued importation and marketing of certain previously authorized UAS and UAS critical components that qualify as “military-grade” devices.

On July 27, 2026, the California Supreme Court issued a unanimous published opinion in Fox Paine & Company et al. v. Twin City Fire Insurance, et al., S287404, holding that insurance policyholders may sue excess insurers for declaratory relief and breach of the implied covenant of good faith and fair dealing (including tortious bad faith) even if all the underlying insurance coverage has not yet been exhausted. It determined: “the absence of exhaustion is not fatal to these claims.” And it reversed a published decision of the California Court of Appeal.

The rise of prediction markets has quickly become one of the most closely watched developments in the gaming industry. Companies such as Kalshi and Robinhood now offer event contracts that allow users to profit from correctly predicting the outcome of sporting events (among other real-world events). To supporters, these products are federally regulated commodity derivatives traded on a commodities exchange. To critics, they are simply sports betting platforms by another name.

Prediction markets, offered by platforms such as Kalshi and Robinhood, allow users to trade “event contracts” tied to future real-world outcomes, such as the results of sporting events and political elections, or the popularity of newly released music, movies and TV shows. Each event contract allows a user to pay between $0 and $1 to predict the answer to a yes-or-no question about a particular event—say, will the San Francisco Giants win their game against the Los Angeles Angels on Friday, July 24, 2026. As more people choose “yes,” the price of one “yes” contract rises, and the price of one “no” contract falls. When the game ends, if the Giants have won, everyone who bought a “yes” will get $1, and the “no” holders get nothing.

On July 14, 2026, Chief Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York issued a memorandum opinion in In re NFE Global Holdings Limited, et al., Case No. 26-11268 (MG), recognizing two English Part 26A restructuring plan proceedings as foreign main proceedings under chapter 15 of the Bankruptcy Code and giving full force and effect in the United States to the English court’s sanction order and restructuring plans, including the plan releases.

On July 1, 2026, the U.S. Nuclear Regulatory Commission (NRC) published a proposed rulemaking that, if implemented, would significantly revise the agency’s radiation protection framework. The proposed rulemaking is available here. Public comments are due on the proposed rule on August 31, 2026.

On July 13, 2026, the Department of Defense (DoD) announced that it was immediately suspending the roll out of Phase II of the Cybersecurity Maturity Model Certification (CMMC) program, set to go into effect on November 10, 2026. As we have previously reported here and here, Phase II of CMMC would have involved the roll-out of CMMC Level 2 Assessments conducted by Certified Third-Party Assessment Organizations (C3PAOs). Although DoD has suspended these third-party certification requirements, it has not suspended the enforcement of the underlying cybersecurity control requirements in contracts and subcontracts.

The Federal Communications Commission (FCC) kicked off America’s 250^th with a burst of national security-related items released prior to the July Fourth holiday, including a draft Third Report and Order and Third Further Notice of Proposed Rulemaking (the Order and the Further Notice, respectively) that builds on the agency’s ongoing efforts to expand the reach of its equipment authorization and Covered List rules. Up for consideration at the FCC’s July 22 open meeting, the Order as currently drafted would (1) close what the FCC refers to as the “component part loophole” to its Covered List rules; (2) require online marketplaces to display the FCC ID and compliance information statements at the point of sale; (3) require full certification for any modification or permissive change made by an entity identified on the Covered List; and (4) adopt a definition of “critical infrastructure” as used in the Covered List context.

In domestic and foreign insolvency proceedings, the ability to sell assets is often critical for debtors to fund creditor recoveries. Debtors, however, may possess inalienable assets, such as licenses or permits, which impact their ability to unlock value unless the required consents to transfer are obtained. For example, the U.S. Bankruptcy Code contains several provisions that restrict the ability of chapter 11 debtors to assume and assign certain types of contracts and licenses, which may delay or prevent asset sales.

On June 26, 2026, the Nuclear Regulatory Commission (NRC) published a proposed rulemaking, Modernizing Security Requirements, that includes revisions to the existing 10 C.F.R. Part 26 FFD framework. The proposed rule would modernize the Part 26 FFD framework by incorporating new technologies, reducing selected administrative burdens and aligning regulatory requirements more closely with potential radiological risk.