On August 21, 2026, trade negotiations between the United States and Canada faltered and the parties, for now, have ceased further negotiations. As a result, the United States has implemented 50% tariffs on a broad range of Canadian products under
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State Department Rescinds Syria’s Designation as a State Sponsor of Terrorism
On August 24, 2026, the State Department announced that the United States was formally rescinding Syria’s designation as a State Sponsor of Terrorism following the conclusion of the mandatory 45-day Congressional notification period. See SmarTrade update of July 9, 2026
JPML Creates New MDL for Non-AFFF Firefighter Turnout Gear Litigation
On August 18, 2026, the United States Judicial Panel on Multidistrict Litigation (JPML) issued a Transfer Order establishing MDL No. 3191—now formally titled In re: Non-AFFF Firefighter Turnout Gear Marketing, Sales Practices, and Products Liability Litigation. The Order centralizes five
More Employer Trump Account Contribution Guidance: Treasury Answers the Cafeteria Plan Question and Sets the Rules for Nondiscrimination Testing
Section 129 DCAP Nondiscrimination Testing: New IRS Proposed Regulations Resolve Decades of Ambiguity
On August 11, 2026, the Treasury Department and Internal Revenue Service published proposed regulations that, for the first time, provide comprehensive regulatory guidance on how to perform nondiscrimination testing for dependent care assistance programs (DCAPs) under Section 129 of the
New BIS Rule Restricts Export of Certain Critical Minerals
The Bureau of Industry and Security (“BIS”) has published a temporary final rule to restrict the export of black mass and tungsten waste and scrap without a license. The agency defines black mass as shredded lithium-ion battery scrap that contains
Employer Health Plan Design Under Fire: How “Financial Dominance” ERISA Claims Are Expanding in 2026
Employer-sponsored group health plans are facing a growing wave of ERISA class action lawsuits, and the claims are getting bolder, including claims of “financial dominance”. In our previous post on this topic, we analyzed Barbich et al. v. Northwestern
FCC Covered List Targets Foreign-Produced Power Inverters and Advanced Robotic Devices
Key Notes:
- Effective July 28, 2026, the Federal Communications Commission’s (FCC) Covered List now includes foreign-produced power inverters and foreign-produced advanced robotic devices. These equipment categories are now prohibited from receiving new FCC equipment authorizations.
- The term “foreign-produced” refers to
DHS Updates UFLPA Entity List with 43 Additional Chinese Companies
On July 31, 2026, the Department of Homeland Security (DHS) announced the addition of 43 companies based in China to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, bringing the total number of entities on the UFLPA Entity List to 187
First-Ever HIPAA Enforcement Against Self-Funded Health Plans: What Employers Need to Know
On April 23, 2026, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced settlements with four health entities following investigations into ransomware breaches that exposed unsecured electronic protected health information (“ePHI”). While ransomware enforcement