Fastest 5 Minutes: Fixed Price Contracting EO, FCA, FOCI (Podcast)

Expands Defense Production Act (DPA; P.L. 81-774) authorities over energy by giving the Secretaries of the Interior and Energy independent authority, alongside the Secretary of Commerce...

The Public Utilities Commission of Ohio has adopted sweeping amendments to its procedural rules to implement the accelerated ratemaking framework under House Bill 15. These changes introduce strict time limits for cross-examination, compressed discovery deadlines, and tighter briefing requirements that will fundamentally alter how rate cases are litigated before the PUCO.

On July 13, a divided Ninth Circuit panel upheld a lower court order that barred enforcement of FinCEN’s border Geographic Targeting Order (“GTO”). The GTO would have forced money services businesses (“MSBs”) in 30 ZIP codes along the U.S.-Mexico border to report cash transactions of just over $200, a dramatic reduction from the longstanding $10,000 reporting threshold.

President Trump's executive order directs multiple federal agencies to comprehensively review policies affecting American cattle ranchers, including potential wolf delisting under the Endangered Species Act and mandatory country-of-origin labeling for beef products. The order aims to develop actionable recommendations to enhance rancher profitability and expand market access for domestic beef producers.

The 2026 midterm elections will determine the congressional environment for healthcare policy during the final two years of the Trump Administration. With Republicans holding narrow majorities in both chambers and President Trump's approval ratings in the mid-30s, relatively small electoral shifts could materially change congressional control and reshape the healthcare policymaking landscape, affecting everything from drug pricing and Medicare Advantage to Medicaid implementation and industry oversight.

On September 2, 2026, the National Archives and Records Administration (NARA), through its Information Security Oversight Office (ISOO), released two new Notices on the topic of Controlled Unclassified Information (CUI).

President Trump signed the Continuing Appropriations and Extensions Act, 2027, extending EPA's authority to levy fees under the Toxic Substances Control Act until December 11, 2026. Congress postponed targeted amendments to TSCA as mid-term elections approach, despite earlier hearings in both the House and Senate on draft legislation to modernize the law.

Federal cyber incident reporting requirements under CIRCIA are approaching finalization, creating new compliance obligations for critical infrastructure organizations across numerous sectors. Companies face tight reporting deadlines—72 hours for significant incidents and 24 hours for ransom payments—requiring immediate integration of legal counsel into cybersecurity assessment workflows.

State attorneys general across the nation are taking decisive action on healthcare access, environmental regulation, consumer protection, and voting rights. From challenging federal restrictions on gender-affirming care to blocking changes in mail voting procedures, these legal battles reveal the growing tension between state authority and federal policy. Will these multistate coalitions succeed in preserving state sovereignty over critical public services?

The Department of Energy has issued a request for information on implementing President Trump's Bulk-Power System Executive Order, which would prohibit imports and installation of certain foreign-produced electric equipment deemed a national security risk. The RFI seeks public input on critical implementation questions including equipment scope, foreign entity definitions, supply chain risk assessment, and how to address already-installed equipment. Comments are due October 9, 2026, providing stakeholders a

Manufacturers of connected products must now comply with the EU Cyber Resilience Act's vulnerability and incident reporting obligations through ENISA's newly launched Single Reporting Platform. This comprehensive guide addresses the critical question every manufacturer faces: can your organization report a cybersecurity incident within 24 hours if one occurs tonight?

Over the past several years, the biopharmaceutical industry has embraced artificial intelligence and machine learning (AI/ML) in near lockstep with the pace of AI/ML innovations. Today, industry leaders are using AI/ML to, among other things: discover and assess biological pathways, target chemical structures and sequences; design proteins; model pre-clinical and clinical trials; recruit and screen potential patient populations; evaluate clinical trial results and biomarker data; prepare regulatory filings; and manage supply chains. Deployment of new AI/ML models promises extraordinary advances in pharmaceutical development. However, as with any technological and scientific advances, the use of AI/ML also poses substantial legal risks that life sciences companies need to consider and proactively manage.

On September 8, 2026, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued “Field Assistance Bulletin No. 2026-03” to clarify compliance with the Mental Health Parity and Addiction Equity Act (MHPAEA) and nonquantitative treatment limitations (NQTL). Under the 2013 final rule implementing MHPAEA, health plans and issuers must use comparable processes, strategies, evidentiary standards, or other factors when applying NQTLs and they cannot apply such methods more stringently to benefits for mental health and substance use disorder (MH/SUD) compared to benefits for general medical and surgical care. While the bulletin doesn’t break much new ground on compliance, it does reaffirm existing enforcement priorities and expectations.

On September 2, 2026, the National Archives and Records Administration (NARA), through its Information Security Oversight Office (ISOO), released two new Notices on the topic of Controlled Unclassified Information (CUI).

The Federal Trade Commission takes decisive action on multiple fronts, from scrutinizing healthcare mergers in Ohio to extending comment periods on personalized pricing policies. Meanwhile, a major payment processor faces millions in penalties for allegedly facilitating merchant fraud and deceptive telemarketing schemes.

State attorneys general across the nation are taking decisive action on healthcare access, environmental regulation, consumer protection, and voting rights. From challenging federal restrictions on gender-affirming care to blocking changes in mail voting procedures, these legal battles reveal the growing tension between state authority and federal policy. Will these multistate coalitions succeed in preserving state sovereignty over critical public services?

Five foundational ISDS decisions reveal how investment tribunals balance Indigenous consultation rights under ILO Convention 169 with treaty protections for foreign mining investors. This analysis examines the evolving legal framework governing State obligations, social license requirements, and the circumstances under which community opposition triggers treaty liability.

The FTC secured major enforcement wins including blocking Henkel's $725 million Liquid Nails acquisition and unwinding Zillow-Redfin's market-exit deal, while also proposing new personalized pricing policies and finalizing penalties for deceptive AI advertising claims. What do these recent actions signal about the agency's enforcement priorities and regulatory approach?

This week's episode provides a comprehensive overview of five critical developments in government contracts law, including a Pentagon directive on supplier cost and pricing, GSA's announcement regarding suspected procurement fraud, a federal court ruling in the Anthropic case, a new class deviation overhauling Cost Accounting Standards thresholds, and SBA's proposed restructuring of small business size standards.

On 3 September 2026, the European Commission adopted new Guidelines on the application of Article 102 TFEU to abusive exclusionary conduct by dominant undertakings. The Guidelines follow a public consultation on a draft published in August 2024 and reflect substantial stakeholder feedback.