New Presidential Directive Seeks To Increase Government Oversight Over Arbitration Agreements And The Arbitral Selection Process

Executive arbitration offers several advantages, but it also raises concerns. In this episode of "A Lo Legal En Par Minutos," Partner Edwin Cortés and litigation attorney María Paula Zarco...

President Petro has signaled his intent for Colombia to “withdraw from the international investment arbitration system because the courts end up resolving disputes in favor of private entities.”...

Most claims that have to be pursued by way of a court proceeding are subject to a limitation period, i.e., a time period

Recent trade secret case law reveals critical standards for proving misappropriation, from the Ninth Circuit's reversal of a $57 million judgment over incorrect jury instructions on the "not readily ascertainable" element, to the Eighth Circuit's requirements for adequate trade secret identification. Courts continue to refine extraterritorial application of the DTSA and standards for demonstrating actual use of allegedly misappropriated information.

The USPTO has released its latest economic impact report on IP-intensive industries, announced a new community engagement office in North Carolina, and issued several administrative updates including relief for Japanese applicants affected by a severe earthquake. The Patent Trial and Appeal Board has also designated new precedential and informative decisions addressing obviousness-type double patenting and Markush groupings.

The Treasury Department and IRS have proposed a regulation that would revoke federal tax-exempt status for private educational institutions with policies or practices deemed to discriminate on the basis of race, including diversity-related programs. The rule eliminates previous safe harbors and raises significant questions about the scope of prohibited activities, potentially affecting scholarships, fellowships, and pipeline programs at schools nationwide.

As investment in data center infrastructure accelerates globally, disputes are emerging from contractual and investment-related risks that commonly accompany large-scale infrastructure projects. This analysis examines the growing wave of contractual claims among owners, contractors, and subcontractors, as well as investment treaty claims that may arise when governmental actions impact overseas data center developments.

A Council on Foreign Relations study group, including WilmerHale Senior Counsel Stephen Preston, has released a comprehensive report examining the critical state of America's defense industrial...

The SEC and FDA have formalized an information-sharing agreement that fundamentally changes how life sciences companies must approach their public disclosures about FDA interactions. This memorandum of understanding creates a direct pathway for the SEC to access previously confidential FDA records, including meeting minutes and Complete Response Letters, to verify the accuracy of companies' public statements.

When an internal investigation surfaces just before a filing deadline, how a company engages its external auditor in those critical first days can determine whether it meets regulatory requirements.

Washington Attorney General Nick Brown released the state's first Data Privacy Report, examining how the modern data economy incentivizes personal information collection and retention. The report catalogs resulting harms and recommends that lawmakers strengthen privacy protections, enforcement, and public education while highlighting Washington's continued lack of a comprehensive consumer privacy statute despite inspiring other states' privacy laws.

Governor Abbott's recent directive has introduced significant delays and new verification requirements for large data center projects in Texas, creating unprecedented political and regulatory uncertainty. The directive pauses approvals for facilities over 75 megawatts while ERCOT conducts eligibility verification, potentially delaying projects by several months and signaling a dramatic shift in how Texas approaches data center development and grid reliability.

The Securities and Exchange Commission has proposed Regulation Crypto Assets, establishing a comprehensive regulatory framework for investment contracts involving crypto assets. This landmark proposal introduces two new exemptions from Securities Act registration requirements—a Startup Exemption for offerings up to $5 million over four years and a Fundraising Exemption for offerings up to $75 million annually—while also providing a conditional safe harbor from the investment contract definition