ArticleMonty Python Dead Parrot? Risk Retention And The Third Party PurchaserI have begun to wonder whether the risk retention TPP agreement is already near its death bed just some brief months following its birth.United StatesFinance and BankingDechert
ArticleThe End Of Days (Or At Least LIBOR)You know, sometimes life's problems smack you against the side of the head like a 2×4, and sometimes it's just a multiplicity of middling offenses that become so annoying that you might just want to roll over and die.United StatesFinance and BankingDechert
ArticleCert Petition Asks Supreme Court to Reject "Heavy Albrecht" Preemption StandardThe Fosamax cert petition presents the U.S. Supreme Court with an opportunity to clarify whether state-law failure-to-warn claims can proceed against a pharmaceutical manufacturer...United StatesFood, Drugs, Healthcare, Life SciencesDechert
ArticleMedical Monitoring Class Action Based On Mere Exposure To Lead Fails For Lack Of StandingIn February, a federal district court in western Pennsylvania dismissed an occupational lead exposure medical monitoring class action, holding that the plaintiff failed to allege an injury-in-fact sufficient to establish Article III standing. United StatesLitigation, Mediation & ArbitrationDechert
ArticleSecond Circuit To Address Opt-Out Third-Party Releases Post-PurdueThe Second Circuit's forthcoming GOL decision may bless or prohibit the use of third-party "opt-out" releases in bankruptcy.United StatesLitigation, Mediation & ArbitrationDechert
ArticleStanding And Preemption Deliver Early Dismissals In Toothpaste Heavy Metals Class ActionBrower reinforces two strong early defenses against class actions targeting OTC product labeling and marketing. First, plaintiffs alleging product contamination must plead product-specific testing...United StatesLitigation, Mediation & ArbitrationDechert
ArticleSticking To Standing: Court Dismisses Class Action In Adhesive Bandage CasePFAS-related consumer class actions continue to face scrutiny at the pleading stage, as illustrated by the recent Aronstein decision regarding adhesive bandages.United StatesLitigation, Mediation & ArbitrationDechert
ArticleEmployment Case Law Selection - France | Second Semester Of 2025This newsletter presents five court decisions handed down in recent months.FranceEmployment and HRDechert
ArticleSocial Security Financing Bill For 2025The Social Security Financing Bill is a cornerstone in the evolution of the life sciences regulatory framework in France. The 2025 edition was even more noteworthy, given that it had been initiated...FranceGovernment, Public SectorDechert
ArticleReasonable Consumer Standard Defeats Omission-Based Mislabeling ClaimsTwo 2026 decisions show courts using the “reasonable consumer” standard to dismiss omission-based consumer fraud class actions at the motion to dismiss stage. Manufacturers and brand owners facing similar claims should take note: these decisions confirm that proactive challenges to implausible consumer interpretations can be dispositive before costly discovery begins.United StatesConsumer ProtectionDechert
ArticleEmployee Co-Investment In Private CreditTypically, there will be some form of employee co-investment in a private credit fund. Some managers, particularly larger managers with a significant international footprint, will have structured programs, whilst others manage the process more informally.United StatesFinance and BankingDechert
ArticleTo PIK Or Not To PIK – That Is The Question?Providing borrowers with the flexibility to defer the payment of interest is not a new concept, but it has become a more prevalent option in the last few years as businesses have suffered from a perfect.United StatesFinance and BankingDechert
ArticleFinCEN Delays AML Requirements For Investment AdvisersThe Trump Administration delaying anti-money laundering rules initiated by the Biden Administration has become a recurring theme for the compliance community.United StatesGovernment, Public SectorDechert
ArticleThe Pentagon Enters Its Mitigation Era: FOCI Review And Mitigation Expand Beyond Classified ContractsThe Department of Defense has proposed a significant expansion of foreign ownership, control, or influence (FOCI) reviews to unclassified defense contracts valued over $5 million...United StatesGovernment, Public SectorDechert
ArticleFight Over "Sham Litigation" Will ProceedAccording to a recent Eastern District of Pennsylvania decision, attorneys alleged to have directed medical providers to manufacture fraudulent evidence cannot claim Petition Clause immunity. United StatesLitigation, Mediation & ArbitrationDechert
ArticleGLP-1 MDL Requires Objective Testing To ProceedThe GLP-1 MDL order requiring objective diagnostic testing provides another precedent for early resolution of threshold expert and injury requirements in personal injury product liability MDLs.United StatesLitigation, Mediation & ArbitrationDechert
ArticleDechert Cyber Bits Issue - 78 - June 26, 2025Having been passed by Parliament and receiving Royal Assent on June 19, 2025, the Data (Use and Access) Act (the "DUA Act") is now law, reforming the existing UK GDPR and Privacy and Electronic Communications Regulations. United StatesPrivacyDechert
ArticleOBBBA-dee OBBBA-dah, Life Goes On (And A US$15 Million Exemption When It Doesn't): Changes To Estate And Income Tax Provisions In The One Big Beautiful Bill ActPresident Trump on July 4, 2025, signed the One Big Beautiful Bill Act (OBBBA) into law. The OBBBA extends key provisions of the 2017 Tax Cuts and Jobs Act (TCJA) set to expire at the end...United StatesTaxDechert
ArticleBanks May Engage In Some Crypto Activities Without Prior Notice Says FDICThe U.S. Federal Deposit Insurance Corporation ("FDIC") recently rescinded guidance requiring FDIC-supervised institutions ("banks") to give notice to the FDIC before engaging in crypto-related activities.United StatesTechnologyDechert
ArticleAbsent CLARITY, The SEC Charts Its Own Path (For Now)The SEC has proposed Regulation Crypto Assets, a comprehensive framework introducing two new offering exemptions and a conditional safe harbor for crypto investment contracts. This regulatory initiative aims to address the challenges of applying traditional securities laws to digital assets while providing clarity on when crypto assets cease to be investment contracts.United StatesFinance and BankingDechert