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.

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.

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.

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.

Regulations implementing California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54), which became effective as of May 1, 2026, face uncertainty as legal challenges roll in from states, industry groups and environmental public interest organizations. SB 54, enacted in 2022, establishes one of the nation’s most comprehensive packaging extended producer responsibility (EPR) programs.

The Merchant Marine Act of 1920, commonly known as the Jones Act, requires that goods transported between two points in the United States be carried on vessels that are U.S.-built, U.S.-flagged, U.S.-owned and U.S.-crewed. The law has long served as a cornerstone of U.S. maritime policy by supporting the domestic shipbuilding industry, maintaining a U.S. merchant marine and advancing national security objectives.

The 2026 FIFA World Cup is in full swing, bringing spectators from around the world to the United States, Canada and Mexico. Running from June 11 through July 19, the five-and-a-half-week tournament features matches across 16 premier North American host cities. Inevitably, government officials will be among the attendees—in some cases hosted by corporate or personal contacts. As organizations and individuals plan or participate in tickets, entertainment and hospitality, it will be important to do so with an understanding that the tournament presents a heightened set of legal and ethics risks.

A new Country Report prepared by the Saudi Center for Commercial Arbitration (the SCCA) offers one of the most comprehensive assessments of Saudi Arabia’s arbitration framework to date. The Report, which will form part of the upcoming edition of the UNCITRAL Digest of Case Law on the Model Law on International Commercial Arbitration, is significant both for the scale of the case law it analyses and for its article-by-article comparison of the UNCITRAL Model Law (the Model Law) against the 2012 Saudi Arbitration Law (the Arbitration Law) and the 2025 Draft Saudi Arbitration Law (the Draft Law). The Draft Law was published for public consultation on September 24, 2025, and the consultation period closed on October 24, 2025. We previously reported that the enactment of the Saudi Civil Transactions Law (the CTL), by which the codifying of many Sharia principles into a unified legal framework expressed largely in accordance with international norms, enhances commercial predictability and is intended to allay the concerns of foreign investors unfamiliar with uncodified Sharia jurisprudence. The CTL provides a comprehensive statutory basis for key contractual principles governing contractual issues that commonly arise in commercial disputes, including arbitrations where the governing law selected is that of Saudi Arabia. The development of the Saudi arbitration framework to bring it even further into line with international arbitration practice is the next step aimed at increasing investor and commercial party confidence in the Saudi legal system.

A recent Ninth Circuit decision reaffirms an important distinction for employers operating in national-security-adjacent workplaces: Not every employment decision involving a security-sensitive position is shielded from judicial review. In Gonzales v. Battelle Energy Alliance, LLC, the Ninth Circuit affirmed the district court’s judgement after a jury found in favor of security police officer (SPO) Roman Gonzales on Americans with Disabilities Act (ADA) retaliation and “regarded as” disability-discrimination claims. On appeal, Battelle had argued that its decision to terminate Gonzales’ employment was a nonreviewable security determination under the U.S. Supreme Court’s decision over three decades ago in Department of Navy v. Egan. The Ninth Circuit disagreed, distinguishing between a true security-clearance decision, and the revocation of a fitness-for-duty certification under 10 C.F.R. § 1046.

On June 22, 2026, the White House issued two executive orders (EOs) focused on advancing quantum information science and technology (QIST) and preparing for post-quantum cryptography challenges. The new EOs—titled “Ushering in the Next Frontier of Quantum Innovation” (Quantum Innovation EO) and “Securing the Nation Against Advanced Cryptographic Attacks” (Cryptography EO) —establish a whole-of-government approach to strengthening the U.S. quantum science and manufacturing ecosystem while protecting U.S. national security interests as quantum technologies mature.

On June 3, 2026, the European Supervisory Authorities (the EBA, EIOPA and ESMA, collectively, the ESAs) published their inaugural joint report on major ICT-related incidents under Article 22 of the Digital Operational Resilience Act (DORA). The report covers major incidents reported across the EU financial sector in 2025 by financial entities subject to DORA, including credit institutions, payment institutions, insurance undertakings, investment firms and other regulated entities. The report provides an anonymized and aggregated overview of 3,383 major incidents, offering the first comprehensive, cross-sectoral picture of how the industry is faring under DORA’s new operational resilience framework. For financial entities and their ICT third-party service providers (ICT Providers), the report carries several important messages about how the ESAs are approaching operational resilience—and where they expect continued improvement.

On June 23, 2026, the FAR Council issued four proposed rules implementing the next phase of the Revolutionary FAR Overhaul (RFO), the Administration’s initiative to simplify and modernize the Federal Acquisition Regulation (FAR). The proposals would revise twenty parts of the FAR and continue the effort launched under Executive Order 14275, Restoring Common Sense to Federal Procurement. While the proposed rules generally follow the framework established through the Phase 1 model class deviations issued in 2025, the rulemakings demonstrate that Phase 2 is not merely a codification exercise. Instead, the FAR Council is using the notice-and-comment process to refine, consolidate and in some cases materially revise the policies reflected in the existing RFO deviations.

Howlin’ Wolf’s blues classic, “Back Door Man,” tells the story of a paramour who sneaks out the back of his married girlfriend’s home to avoid being caught by her cuckolded husband. Recent news reports suggest that New York City is acting no better than this clandestine philanderer in its audits of private funds operating from NYC offices. Specifically, it is being reported that the City is using a back door to getting more income subject to the NYC unincorporated business tax (UBT) by challenging the allocation of private fund operating expenses to management companies. The theory is subtle, but the dollars may not be. For fund managers, this is not just a fight over bookkeeping. It is a fight over the line between taxable services income and non-taxable investment profits.

Virginia has further expanded its restrictions on post-employment non-compete agreements. In addition to the existing categorical ban on the use of non-competes with “low-wage employees,” the new legislation, which was signed into law by Governor Abigail Spanberger on April 13, 2026, creates a new condition on entering into non-compete agreements with all other employees.

On April 1, 2026, the Department of Commerce (Commerce) announced the first Call for Proposals under the American AI Exports Program. The Program is intended to support the export of full-stack AI technology packages to allied and partner countries, by inviting industry-led consortia to submit proposals for export packages for designation under the AI Exports Program. Designated packages may receive priority government advocacy for export promotion and export licensing review, and referrals to various U.S. Government agencies including the Export-Import Bank of the United States (EXIM), which launched its ExportAI initiative on May 21, 2026.

On June 11, 2026, the Small Business Administration (SBA) issued a proposed rule that would significantly change how individuals establish social disadvantage for purposes of the 8(a) Business Development Program. The 8(a) Program creates contracting preferences for small businesses owned and controlled by “socially and economically disadvantaged” individuals. The Small Business Act defines socially disadvantaged individuals as “those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities.” For decades, SBA regulations provided for two alternative tests under which an individual could establish social disadvantage. First, members of certain designated groups—including Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans and Subcontinent Asian Americans—were entitled to a rebuttable presumption of being socially disadvantaged. Second, individuals who were not members of one of the designated groups were permitted to submit personal statements supported by facts and evidence showing that he or she experienced social disadvantage.

The U.S. Department of Labor (DOL) recently issued proposed regulations establishing a new prudence safe harbor for fiduciaries selecting designated investment alternatives for participant-directed retirement plans. The proposed rules, issued pursuant to Executive Order 14330, reflect the DOL’s view that litigation risk has discouraged fiduciaries from considering certain investment strategies and seeks to provide greater clarity regarding the fiduciary process required under ERISA.

Against a backdrop of significant geopolitical and economic shifts, China’s outbound direct investment has maintained steady growth. ODI reached US$174.4 billion, representing a 7.1% year-on-year increase.

On June 4, 2026, the Tax Court released its memorandum decision in Paschall v. Comm’r. The decision is a classic example of reaching the right result for all the wrong reasons. The decision required the taxpayers to treat Cardano tokens that a digital wallet provider, eToro, transferred to them for renting already-held tokens in proof-of-stake transactions as immediately taxable income. The issue was no more complicated than finding that the taxpayers received rent in exchange for leasing their digital assets. The decision, however, mistakenly treats the taxpayers as though they acted as blockchain validators and then stretches the application of income recognition principles to find that the compensation that they received should be taxable upon receipt. The mistakes made by the court are highlighted by proposed legislation scheduled for consideration by the House Ways and Means Committee on June 9, 2026 (“Digital PARITY Act”). That bill would allow validators to defer tax on tokens awarded in validation transactions beginning in 2026. The definition of validators in the proposed legislation would not include taxpayers who lend tokens to actual validators. Both developments, and their interaction, are examined below.

On June 4, 2026, the House Homeland Security Subcommittee on Cybersecurity and Infrastructure Protection held a hearing on “The AI Security Landscape: How Frontier Models, Agentic AI, and AI Coding Tools Are Reshaping Cybersecurity and Critical Infrastructure Resilience.” The hearing focused on how advanced AI systems are changing both sides of the cybersecurity equation: giving defenders new tools to identify, prioritize and remediate vulnerabilities, while also giving adversaries the ability to scale vulnerability discovery, exploitation, reconnaissance and malware development.

The 2026 ICC Arbitration Rules (2026 Rules) mark a significant procedural reset for ICC arbitration. The central theme is efficiency, reducing front-end formalities and expanding faster track provisions for disputes that can be resolved on a compressed timetable. The most symbolic change is the end of mandatory Terms of Reference (ToR), long viewed as a defining feature of ICC arbitration. The broader package is ambitious beyond the revisions addressed to the ToR. The Rules also codify procedures for early determination, expand expedited procedures, enhance the availability of emergency relief and strengthen arbitrator disclosure obligations. Together, these changes modernize ICC practice intending to reduce costs while preserving flexibility for complex cases.

The U.S. Environmental Protection Agency (EPA) has proposed major amendments to the 2024 National Primary Drinking Water Regulations (NPDWR) for per- and polyfluoroalkyl substances (PFAS) in the form of two proposed rules published on May 20, 2026. The proposals would extend compliance deadlines while preserving enforceable limits for two PFAS compounds, PFOA and PFOS, and rescind drinking water standards for four additional PFAS compounds.

Qualified Small Business Stock, or QSBS, remains one of the most valuable tax incentives available to founders, early employees and startup investors. Under Section 1202, eligible taxpayers may exclude a significant amount of gain from the sale of QSBS. Recent commentary, however, has focused on whether Treasury and the IRS may soon issue guidance addressing “stacking” through multiple trusts.

On May 12, 2026, the Government Accountability Office (GAO) issued a decision concluding that the Department of Commerce’s May 2025 press release announcing the non-enforcement of the Biden-era Artificial Intelligence Diffusion Rule (the “AI Diffusion Rule”) is itself a “rule” for purposes of the Congressional Review Act (CRA), and therefore the CRA requires federal agencies to submit new rules to both houses of Congress and the Comptroller General of the GAO before the rules can take effect. Congress has the ability to pass a joint resolution of disapproval that, if signed by the President (or enacted over a veto), nullifies the rule and bars the agency from issuing one in “substantially the same form” in the future.

On the eve of Memorial Day Weekend, the Securities and Exchange Commission (SEC) announced charges against Foot Locker for violating the Commission’s Whistleblower Protection Rule (Exchange Act Rule 21F-17(a)). The settled enforcement action, which included a $148,000 civil monetary penalty, resulted from Foot Locker improperly requiring departing employees to waive their rights to collect whistleblower awards from the SEC. This matter is notable because the Commission authorized this enforcement action even in the absence of apparent fraud or investor harm, and notwithstanding the company’s remedial measures and cooperation.

In a recent precedential opinion, the Federal Circuit affirmed a ruling that patent claims directed to poultry treatment methods were invalid as indefinite because the term “about” failed to inform skilled artisans of the claimed pH range with reasonable certainty. Enviro Tech Chem. Servs., Inc. v. Safe Foods Corp., No. 2024-2160 (Fed. Cir. May 4, 2026).

On May 5, 2026, the U.S. Securities and Exchange Commission (the “SEC” or the “Commission”) issued a proposed rule and related form amendments that would permit public companies to elect to file semiannual interim reports on a new Form 10-S in lieu of quarterly reports on Form 10-Q. If adopted, the proposal would represent a significant shift in the U.S. periodic reporting framework—one that has required quarterly interim reporting for more than half a century. The election would be available to all reporting companies regardless of filer status, revenues, or market capitalization, and would be made via a checkbox on the company’s Form 10-K. The comment period ends 60 days after publication in the Federal Register.

On May 7, 2026, the Department of Defense/War (DOD) issued a proposed rule, “Defense Federal Acquisition Regulation Supplement: Mitigating Risks Related to Foreign Ownership, Control, or Influence” (“Proposed Rule”), to implement Section 847 of the National Defense Authorization Act (NDAA) for FY 2020 (Section 847) to mitigate risks related to beneficial ownership or foreign ownership, control or influence (FOCI).

Venezuela’s investment climate has historically been shaped by policies emphasizing state control over strategic natural resources, including nationalizations and regulatory intervention in the hydrocarbons and mining industries. This approach was prominently reflected in the hydrocarbons sector through the 2006 Hydrocarbons Law, which required foreign investors to restructure holdings into state-controlled joint ventures and accept higher tax and royalty burdens. These measures reduced operational control and altered economic expectations, leading to a series of high-profile disputes, including Venezuela Holdings (Exxon) and others v. Venezuela and ConocoPhillips v. Venezuela. Similar measures in the mining sector altered ownership structures and regulatory conditions, giving rise to significant arbitration claims, including Rusoro Mining LTD v. Venezuela and Crystallex International v. Venezuela.

The Federal Communication Commission’s (FCC) Office of Engineering and Technology (OET) issued a Public Notice on May 8, 2026, that expands and extends the scope of a pair of prior-issued limited waivers allowing updates and patches to certain equipment included on the FCC’s Covered List.

The White House Office of Science and Technology Policy (OSTP) released National Science and Technology Memorandum 3 (NSTM-3), a policy directive that addresses executive branch agency implementation of Executive Order 14369 (EO) and related White House priorities using their existing authorities and programs. NSTM-3 calls for the establishment of the National Initiative for American Space Nuclear Power (Initiative) and provides guidance to federal agencies pursuing the accelerated deployment of space nuclear power systems. The Initiative is designed to ensure American leadership in developing and deploying space nuclear power through cost-effective partnerships with commercial operators to meet the Administration’s near-term goals: safe deployment of in-orbit reactors as early as 2028 and lunar surface reactors by 2030.

The two federal antitrust enforcement agencies—Antitrust Division in the Department of Justice (DOJ) and Federal Trade Commission (FTC)—have initiated a joint inquiry that could lead to updated antitrust guidance, and influence future enforcement, relating to collaborations among competitors. The initiative comes at a time of heightened uncertainty following the withdrawal of long-standing guidance at the end of 2024. As the Antitrust Agencies consider whether and how to reestablish a framework in this area, the inquiry presents both a significant development for businesses and a timely opportunity for stakeholders to help shape the standards that may govern such collaborations going forward.

On April 30, 2026, the New York State Department of Financial Services (DFS) announced a $2.25 million cybersecurity settlement with Delta Dental Insurance Company (DDIC) and Delta Dental of New York, Inc. (DDNY) (collectively, the Companies), resolving allegations that the Companies violated NYDFS’s Cybersecurity Regulation (23 NYCRR Part 500) in connection with the MOVEit Transfer zero‑day vulnerability.

On May 1, 2026, the Nuclear Regulatory Commission (NRC) published a proposed rule to establish a new licensing framework under 10 C.F.R. Part 57 for microreactors and other low-consequence reactor designs. The rule is a significant development for the microreactor industry, aimed at enabling faster licensing timelines and repeatable, standardized deployment models, including factory-built microreactors at multiple sites.

Saudi Arabia’s Capital Market Authority (CMA) has taken a significant step in liberalizing the Kingdom’s capital markets. Pursuant to amendments announced on January 6, 2026, and effective February 1, 2026, the CMA has eliminated the Qualified Foreign Investor (QFI) regime and opened access to the Main Market of the Saudi Exchange (“Tadawul”) to all categories of foreign investors.

On April 30, 2026, the U.S. Department of Justice (DOJ) announced the formation of the West Coast Health Care Fraud Strike Force, a multidistrict enforcement initiative covering Arizona, Nevada and Northern California. The Strike Force unites the DOJ Fraud Division’s Health Care Fraud Section with U.S. Attorneys’ Offices in three West Coast districts, working with the FBI, U.S. Department of Health and Human Services, Office of Inspector General (HHS OIG), Drug Enforcement Agency (DEA) and other federal partners. On April 7, 2026, DOJ announced the creation of the new Fraud Division.

When a joint employment relationship exists, both employers can be jointly and severally liable for compliance, including payment of all wages, overtime premiums, damages and other relief owed to employees. Accordingly, determining joint employer status can be critical to assessing liability.

This update summarizes recent Presidential Determinations issued under Title III of the Defense Production Act (DPA), which is intended to expand U.S. industrial capacity. These actions authorize the U.S. Department of Energy (DOE) to provide financial support and incentives for specified energy-related sectors, including grid infrastructure, large-scale energy projects, petroleum, coal and natural gas. We outline below the scope of these determinations and key considerations for industry.

On April 23, 2026, the U.S. Nuclear Regulatory Commission (NRC) issued a direct final rule establishing a new pathway for direct foreign majority ownership of U.S. nuclear utilization facilities (nuclear power plants and research reactors) and implementing Section 301 of the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act of 2024. The rule amends the NRC’s regulations governing foreign ownership, control or domination (FOCD) to allow certain foreign investors associated with OECD countries and India to own potentially up to 100% of licensed nuclear power facilities, subject to NRC approval.

The Federal Communications Commission’s (FCC) Public Safety and Homeland Security Bureau (PSHSB) and Office of Engineering and Technology (OET) have released a Public Notice seeking comment on whether the agency should take steps to prohibit the continued importation and marketing of certain communications equipment that, while previously-authorized, has subsequently been found to pose an unacceptable risk to U.S. national security. The proceeding looks to begin adopting procedures to resolve a longstanding and acknowledged gap in Covered List regulations.

New Mexico has emerged as a leader in regulating per- and polyfluoroalkyl substances (PFAS), with its comprehensive statutory framework, the PFAS Protection Act of 2025, to be implemented by regulations that will be finalized in the coming weeks. Most notably, New Mexico adopted a first-of-its-kind product labeling regime. Companies manufacturing, distributing or selling consumer products in New Mexico should prepare for reporting and labeling obligations starting on January 1, 2027, followed by phased product roll-backs through 2032.

On April 7, 2026, the U.S. Department of Energy (DOE)’s Office of Critical Minerals and Energy Innovation (CMEI), in partnership with the Office of Geothermal, announced an up to $69 million “Critical Minerals and Materials Accelerator” Notice of Funding Opportunity (NOFO). The notice is intended to support the maturation of innovative processing technologies through providing funding to prototype and pilot technologies in areas of interest, which focus on the semiconductor and energy industries.

State regulation of per- and polyfluoroalkyl substances (PFAS) continues to accelerate in 2026, with Minnesota and Maine leading the charge. As PFAS regulation from the federal government has slowed, states have driven a complex and rapidly evolving compliance landscape that affects manufacturers and retailers across industries. Regulated entities must brace themselves for initial reporting deadlines, with Minnesota’s first compliance deadline looming on September 15, 2026.

Recent U.S. Department of Justice (DOJ) and California Attorney General enforcement activity sends a clear signal that California health care entities that interact with government programs—in particular the hospice and home health industries—are now under intense scrutiny. Companies in these sectors should prepare for subpoenas, Civil Investigative Demands, and searches as a result of federal and state agencies conducting independent and parallel investigations. This uptick in government enforcement is sure to spur qui tam relators and whistleblowers. Unprepared California hospice and home health companies may face significant civil, and even criminal, exposure.

On March 16, 2026, President Trump issued an Executive Order establishing the White House “Task Force to Eliminate Fraud” (Task Force), an interagency body charged with coordinating a government-wide strategy to combat “fraud, waste, and abuse” in federal benefit programs. The Executive Order (EO) is the latest step in a broader 2026 anti-fraud initiative that began in January with the announcement of a new U.S. Department of Justice (DOJ) National Fraud Enforcement Division. It continued with the Senate’s March 24 confirmation of Colin McDonald, a federal prosecutor, to lead the division, and with Vice President JD Vance convening the Task Force’s first meeting on March 27. That effort took another significant step on April 7, when DOJ directed the new Division to assume immediate control of several existing fraud-enforcement components and laid the groundwork for a broader realignment of resources across the Department.

On April 13, 2026, the SEC’s Division of Trading and Markets issued a staff statement (the “Statement”) addressing when certain user interfaces used to facilitate transactions in crypto asset securities may operate without registering as broker-dealers under Section 15 of the Securities Exchange Act of 1934 (“the Exchange Act”). The Statement introduces the concept of a “Covered User Interface” —a non-custodial, user-facing application such as a website, mobile app or wallet interface (or “front end”) that assists users in preparing and submitting transactions through their own self-custodial wallets. The Staff indicates that, where specified conditions are met, it “will not object” to such interfaces operating without broker-dealer registration.

In In re Tupperware Brand Corporation, the U.S. Bankruptcy Court for the District of Delaware recently found that, although letter of credit proceeds are not estate property, the Bankruptcy Code’s statutory cap on landlord claims may still apply and reduce the benefit the landlord receives as the beneficiary of the letter of credit. The Court thus allowed litigation seeking to recover the proceeds of a landlord’s draw on a letter of credit to proceed, despite the general rule that such draws are independent transactions.

Enforcement of California’s workplace safety regulations is primarily civil, with most inspections by California’s Division of Occupational Safety and Health (Cal/OSHA) resulting in the issuance of citations and civil penalties. Although it does not happen often, criminal enforcement occurs when Cal/OSHA refers matters to the Bureau of Investigations (BOI) to conduct criminal investigations and refer cases to district attorneys when appropriate. The BOI “must investigate accidents involving violations … in which there is a serious injury to five or more employees, death, or request for prosecution by a Division representative.” [8 C.C.R. section 344.51.] In short, the BOI is responsible for “investigating employee fatality and serious injury cases” and “preparing and referring cases to local and state prosecutors for criminal prosecution.” When Cal/OSHA refers an inspection to BOI, it must provide the BOI with its initial accident reports, inspection reports and any other relevant documents. [Cal. Lab. Code section 6315(b).]