Employers have been accustomed to uneventful renewals for their foreign workers; however, they soon may find themselves in a very different position. The United States Department of Homeland Security (DHS) and United States Citizenship and Immigration Services (USCIS) have released a proposed rule that would end the deference that USCIS officers previously gave to earlier eligibility decisions when they review extension petitions filed on Form I-129. DHS slated the proposal for publication in the Federal Register on October 14, 2026, which opens a 30-day window for public comment.

For decades, Optional Practical Training (OPT) has given F-1 students a path to hands-on work experience and has given employers a key pipeline for early-career talent. That pipeline may soon run dry. On October 7, 2026, the United States Department of Homeland Security (DHS) announced a proposed rule that would require Student and Exchange Visitor Program (SEVP)-certified schools to pay a fee of $70,000 for each F-1 student recommended for initial OPT and $30,000 for any subsequent OPT approval. DHS states that the fees are intended to combat fraud, to strengthen the integrity of the immigration system, and to protect U.S. workers. The proposal is open for public comment, and affected employers may consider participating in the regulatory process.

On October 20, 2026, the Allegheny County Council passed one of the first county-mandated paid parental leave policies in the U.S. County Executive Sara Innamorato signed the amendment into law on October 22, 2026. Specifically, the Council amended Article XXIV of the Allegheny County Health Department Rules and Regulations, renaming the regulation “Paid Sick and Parental Leave” and substantially reworking it.

Cybercriminals don’t discriminate by company size. 43% of cyberattacks target small and midsize businesses (“SMB”), and 88% of SMB breaches involve ransomware. The average data breach now costs US organizations $10.22 million. This checklist provides practical, everyday actions organizations can take to make cybercriminals’ jobs harder.

California’s CIPA, originally intended to prevent eavesdropping, has increasingly been used to challenge common website tools such as analytics tags, tracking pixels, session-replay software, and chatbots. Because the law allows $5,000 in statutory damages per violation without proof of actual harm, businesses and nonprofits have faced a sharp rise in website-tracking demand letters and lawsuits.

The U.S. Department of Labor’s Wage and Hour Division (WHD) continues to refine and enforce guidance on two issues of importance to employers: the FLSA prohibition on managers and supervisors retaining employee tips and the limits on employee volunteer arrangements. This Client Alert summarizes recent DOL guidance, rulemaking, and judicial developments affecting compliance.

California’s amended SB 690 would eliminate the private right of action under Section 638.51, potentially curbing certain pen register and trap-and-trace claims tied to website and app technologies if signed into law. However, the bill would not eliminate CIPA exposure altogether, and businesses may see increased Section 631 “wiretapping” claims involving the interception or use of communications without all parties’ consent.

A rapidly evolving customs and trade landscape is creating new compliance obligations, enforcement exposure, and potential recovery opportunities for U.S. importers. Recent developments involving IEEPA tariff refunds, importer-of-record requirements, CBP enforcement activity, and expanding tariff measures warrant prompt attention, particularly for companies with finally liquidated entries, foreign or lightly capitalized import structures, and reconciliation filings.

On July 13, 2026, the Federal Trade Commission announced a $12 million settlement of charges that Edwards Lifesciences Corp. acquired a medical-device maker without complying with the Hart-Scott-Rodino Act’s (HSR) notification and waiting-period requirements. According to the complaint, Edwards and Genesis intentionally structured the deal to avoid HSR compliance.

On July 6, 2026, the Federal Trade Commission continued its enforcement against non-compliant “Made in the USA” claims by issuing warning letters to a new group of manufacturers and retailers. The FTC’s latest warning letters went to seven companies “that appear to have misrepresented certain products as ‘Made in the USA’” and another company “that appears to have misrepresented certain products as ‘Made in Texas.’” Together with the executive action and enforcement activity discussed below, these letters send a strong signal that federal scrutiny of “Made in the USA” claims is a firmly established enforcement priority and underscores the importance of proactive compliance.

Obviousness-type double patenting (“OTDP”)—the doctrine that patent practitioners love to hate—is back in the spotlight, and this time it's brought friends, enemies, and an audience of confused onlookers.  The Patent Trial and Appeal Board's (“PTAB”) decision in Ex parte Baurin has kicked off what may be the next seismic shift in OTDP law, and the USPTO Director has convened the rarely used Appeals Review Panel (“ARP”) to sort out the mess.

Founder-led brands should consider treating posts by founders, officers, and significant equity holders as regulated endorsements. Paid creator campaigns need their own controls, but founder content may need them too. Without appropriate disclosure, a founder’s Instagram post can look personal while still operating as advertising, and a generic “Sponsored” label can make a permanent ownership interest look like a one-time ad buy. When a consumer clicks through and tracking begins before the relationship and data practices are clear, the same moment can raise FTC endorsement, CCPA notice, and CIPA consent concerns. This alert explains how these risks overlap and what steps businesses can take to address them.

The decision to open a cryptocurrency account carries legal, financial, and operational implications that extend well beyond the initial deposit. For high-net-worth individuals, family offices, and corporate treasury functions, the stakes are magnified by the scale of holdings, the complexity of applicable regulatory regimes, and the finality of blockchain-based transactions. This alert addresses three critical dimensions of that threshold decision: the proactive security measures that should be in place before any digital asset is acquired, the structural and tax considerations that attend account design, and the consequences that follow when security protocols are not observed.

On May 30, 2026, the U.S. Department of Labor’s Wage and Hour Division (WHD) released four new opinion letters addressing important Fair Labor Standards Act (FLSA) compliance issues. These letters provide updated guidance on (1) exempt employees performing additional hourly work, (2) the treatment of certain bonus payments for overtime purposes, (3) compensability of time during meal periods, and (4) the permissibility of rounding practices for hospital employees. This alert summarizes each letter and its practical implications for employers.

On May 18, 2026, after a five-week trial, a federal jury in Boston awarded over $884 million in single damages against Takeda Pharmaceuticals for entering into an anticompetitive “pay-for-delay” settlement of patent litigation that delayed generic competition. With automatic trebling, the verdict is expected to balloon to over $2.6 billion. Not only is the exposure significant, but this is the first time that a jury has found a patent holder liable for delaying generic pharmaceuticals in the 13 years since the Supreme Court decided FTC v. Actavis.  This bulletin discusses the relevant allegations, the jury’s findings, and the implications, including the potential for the Supreme Court to revisit such challenges.

On May 21, 2026, the U.S. Citizenship and Immigration Services (USCIS) released a memo changing the process for foreign nationals filing Adjustment of Status applications seeking U.S. Permanent Residency. The memo reverses the pattern and practice that has been standard policy of the immigration service for the past decades whereby a foreign national can apply for U.S. Permanent Residency while remaining in the United States while the application is reviewed and approved. The new policy changes the process based on the notion that “adjustment of status under section 245 of the Immigration and Nationality Act (INA) is a matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas.”

This article surveys the current state of IP protection for these technologies, examines recent developments in patent eligibility that directly affect the biotech-materials space, and offers practical guidance for innovators seeking to build durable patent portfolios around the materials of tomorrow.

The United States Immigration & Customs Enforcement (ICE) recently overhauled the Form I-9 Inspection Under the Immigration and Nationality Act § 274A Fact Sheet (“2026 Fact Sheet”). In doing so, the federal government significantly departed from many of its deeply-rooted historical practices and created new standards for substantive and technical violations, which collectively expose employers to greater liability for non-compliance.

Brokers should promptly review their carrier-selection practices, insurance coverage, and compliance programs in light of the Supreme Court's unanimous decision in Montgomery v. Caribe Transport II, LLC, No. 24–1238 (May 14, 2026). The Court held that the Federal Aviation Administration Authorization Act (“FAAAA”) does not preempt state-law negligent-hiring claims brought against transportation brokers, resolving a longstanding circuit split and significantly expanding brokers' potential exposure to tort liability.

Virginia has delivered a wave of employment legislation that takes effect in 2026. Here’s what’s changing and what employers should do to prepare for these changes.