News & Perspectives | Arnold & Porter

Arnold & Porter Advises Volaris Group on Acquisition of L5 Networks

Tue, 25 Aug 2026 00:00:00 -0500

Arnold & Porter recently advised Volaris Group in its acquisition of L5 Networks, a Brazilian provider of cloud-based corporate communications solutions and omnichannel and corporate collaboration platforms.

Arnold & Porter Strengthens Financial Services Bench with Addition of Partner Brendan Clegg in Washington, D.C.

Mon, 24 Aug 2026 00:00:00 -0500

WASHINGTON, D.C., August 24, 2026 — Arnold & Porter announced today that Brendan Clegg has joined the Financial Services practice as a partner resident in the firm’s Washington, D.C. office. Brendan joins the firm with nearly 15 years of experience in the public and private sectors, including as enforcement counsel at the Office of the Comptroller of the Currency (OCC).

Arnold & Porter Advises OneView Commerce on EPOS Contract with UK Post Office

Mon, 24 Aug 2026 00:00:00 -0500

Arnold & Porter advised OneView Commerce on its contract with the United Kingdom Post Office for an electronic point-of-sale (EPOS) system.

Carbon Capture Pooling Statutes After North Dakota Rulings: Lessons for Regulators and Developers

Mon, 24 Aug 2026 00:00:00 -0500

State litigation over carbon capture and storage (CCS) is testing a core element in many existing statutory CCS frameworks: whether a legislature may allow nonconsenting landowners to be forced to provide their pore space for an operator’s CCS facility through “amalgamation” procedures (sometimes referred to as “unitization” or “pooling”) similar to mechanisms used for the extraction of oil and gas interests. Two recent North Dakota decisions struck down the application of amalgamation to CCS, holding that forced unitization of pore space is a taking, and that the state’s CCS statutes did not provide for “just compensation” under North Dakota’s state constitution. This Advisory summarizes those rulings and the pending appeals, and assesses how similar reasoning may impact existing CCS statutes, using Louisiana and Indiana as illustrative examples, as well as the regulatory process currently underway in California to address unitization.

BIS Issues Final Rule Easing Drone Export Controls, Alongside President’s New Tariffs on Drone Imports

Mon, 24 Aug 2026 00:00:00 -0500

On August 13, 2026, the U.S. government took two actions aimed at strengthening the competitiveness of its domestic drone industry. First, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule, effective immediately, that eases export control restrictions on many commercial unmanned aerial vehicles (UAVs or drones), related parts and components, and associated software and technology. Second, President Donald Trump issued a presidential proclamation implementing Section 232 tariffs on certain drones and critical components. Taken together, these measures are designed to support the growth of the domestic drone sector by easing exports of lower-risk commercial UAVs, promoting U.S.-based manufacturing and sourcing by restricting imports, and maintaining controls on advanced technologies that raise national security concerns if transferred to certain foreign actors.

Chambers Latin America 2027 Recognizes Arnold & Porter Practices, Lawyers

Thu, 20 Aug 2026 00:00:00 -0500

Chambers Latin America 2027 highlighted Arnold & Porter as a “Leading Firm” in three practice areas and recognized six lawyers as “Leading Individuals.” The annual guide ranks law firms and individuals based on independent research conducted by Chambers researchers. Chambers Latin America covers 19 jurisdictions that span Mexico, Central America, and the Caribbean, as well as Spanish-speaking countries in South America.

Best Lawyers in America 2027 Recognizes 144 Arnold & Porter Lawyers

Thu, 20 Aug 2026 00:00:00 -0500

The 2027 edition of Best Lawyers in America recognized 95 Arnold & Porter lawyers as “Best Lawyers” across 56 practice areas. Best Lawyers is a peer-reviewed survey where lawyers cast votes on the legal capabilities of other lawyers in their practice areas.

Federal Pullback, State AG Surge: What California Healthcare Providers Need to Know

Thu, 20 Aug 2026 00:00:00 -0500

U.S. Expands Cuba Sanctions, Part 2: New Designations and Wind-Down Window Closing Fast for Guernsey-based CEIBA Investments

Thu, 20 Aug 2026 00:00:00 -0500

On July 23 and August 6, 2026, the U.S. Department of State announced new sanctions targeting entities and individuals alleged to support the Cuban regime through activities in Cuba’s energy and financial services sectors, sanctions evasion networks, overseas medical missions program, and defense sector. The designations were imposed pursuant to Executive Order (EO) 14404, Imposing Sanctions on Those Responsible for Repression in Cuba and for Threats to United States National Security and Foreign Policy, issued on May 1, 2026, which significantly expanded the U.S. government’s sanctions authorities with respect to Cuba. As discussed in our previous advisory, EO 14404 and the new designations demonstrate the Trump Administration’s increased willingness to leverage these authorities to target key sources of revenue and support for the Cuban regime.

The OCC’s and FDIC’s Proposed Amendments to the Community Reinvestment Act Regulations: Five Things Banks Should Know Now

Thu, 20 Aug 2026 00:00:00 -0500

On July 31, 2026, the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) issued a joint notice of proposed rulemaking to revise their regulations implementing the Community Reinvestment Act (CRA) (the Proposed Rule). This is the fourth significant rulemaking effort in less than a decade to revise some or all of the federal regulatory framework implementing the CRA, and none of the prior efforts resulted in a new framework that remains in effect today.

California High Court's Rejection of 'Duty to Innovate' in Gilead Will Ripple Beyond Pharma

Thu, 20 Aug 2026 00:00:00 -0500

Arnold & Porter Represents Itaú Unibanco in Securing Preliminary OCC Approval for New Bank in the U.S.

Wed, 19 Aug 2026 00:00:00 -0500

Arnold & Porter has advised Itaú Unibanco S.A. in securing preliminary conditional approval from the Office of the Comptroller of the Currency (OCC) to establish a new national bank in the United States. Itaú Unibanco S.A. is the largest private-sector banking institution in Brazil, and the largest bank in Latin America by market capitalization.

Amb. Barbara Leaf Appears on CNN to Discuss Gaza Peace Deal Negotiations

Wed, 19 Aug 2026 00:00:00 -0500

Arnold & Porter Senior International Policy Advisor and former U.S. Ambassador Barbara Leaf joined CNN’s The Brief with Jim Sciutto to discuss the latest developments in U.S.-led negotiations toward a peace settlement in Gaza.

FDA Releases Proposed PDUFA VIII Commitment Letter

Wed, 19 Aug 2026 00:00:00 -0500

On August 14, 2026, the U.S. Food and Drug Administration (FDA) published a notice seeking public input on the proposed eighth commitment letter for the Prescription Drug User Fee Act (PDUFA VIII), which would cover fiscal years (FY) 2028 through 2032 (proposed Commitment Letter). The current PDUFA VII authorization expires in September 2027, and new legislation will be required for FDA to continue collecting prescription drug user fees after that date. FDA will hold a hybrid public meeting on September 16, 2026, and written comments are due October 16, 2026.

Arnold & Porter Secures Precedential Tenth Circuit Victory for AstraZeneca in PREP Act Immunity Case

Tue, 18 Aug 2026 00:00:00 -0500

Arnold & Porter secured a precedential victory for AstraZeneca before the U.S. Court of Appeals for the Tenth Circuit, obtaining reversal of a district court decision in a case presenting a question of first impression regarding the scope of immunity under the Public Readiness and Emergency Preparedness (PREP) Act.

Sarah Constantine Talks Estate Planning for Art Collectors with Observer

Tue, 18 Aug 2026 00:00:00 -0500

Arnold & Porter Tax partner Sarah Constantine was recently quoted in the Observer article, “Estate Planning After a Lifetime of Collecting Art,” examining how collectors and their representatives can best navigate nuanced interests and obligations when planning for the future of their collections.

Treasury Launches Consolidated CFIUS Website With Slate of New Features

Tue, 18 Aug 2026 00:00:00 -0500

On July 29, 2026, the U.S. Department of the Treasury (Treasury), in its capacity as Chair of the Committee on Foreign Investment in the United States (CFIUS or the Committee), launched a new, revamped website for CFIUS (CFIUS.gov). The website reorganizes and consolidates CFIUS-related content that was previously dispersed across Treasury’s general website and introduces several new guidance materials and tools designed to assist transaction parties and their advisors in understanding and navigating the CFIUS review process.

Division of Corporation Finance Discontinues Responses to No Action Letter Requests Regarding Shareholder Proposals

Tue, 18 Aug 2026 00:00:00 -0500

Exchange Act Rule 14a-8 addresses when a company must include a shareholder’s proposal in its proxy statement for an annual or special meeting of shareholders. In order to have a proposal included, a shareholder must be eligible and follow certain procedures set forth in the rule. Under specific circumstances enumerated in Rule 14a-8, a company is permitted to exclude a shareholder proposal, but only after submitting its reasons to the SEC. On August 14, 2026, the SEC’s Division of Corporation Finance (Division) released an updated statement regarding its role in the Rule 14a-8 shareholder proposal process.

A Guide to International Estate Planning: Design, Administration, and Compliance, Third Edition

Mon, 17 Aug 2026 00:00:00 -0500

Fitting New Tech Into the Attorney-Client Privilege and Work Product Protection

melissa.weberman@arnoldporter.com — Mon, 17 Aug 2026 00:00:00 -0500

The UK ICO’s New Statutory Duty to Produce an AI Code of Practice: What It Means for Businesses That Use AI

james.castro-edwards@arnoldporter.com — Mon, 17 Aug 2026 00:00:00 -0500

The UK Information Commissioner's Office (ICO) is developing a statutory Code of Practice (the Code) on artificial intelligence and automated decision-making that, once finalized, will shape how organizations develop, procure, and use artificial intelligence (AI) systems involving personal data. While the new regulations do not immediately impose additional obligations, the forthcoming Code — together with the ICO's draft guidance — signals heightened regulatory expectations for AI governance, meaningful human oversight, vendor management, and documentation. Businesses across all sectors, including those using third-party AI tools rather than building their own, should begin assessing their AI and automated decision-making practices now to prepare for future compliance and reduce regulatory, litigation, and reputational risks.

Associated Press Quotes Lori Leskin on Consumer Tariff Refund Litigation

Thu, 13 Aug 2026 00:00:00 -0500

Lori Leskin, Co-Chair of Arnold & Porter’s Consumer Products practice, was quoted by the Associated Press article, “A surprise credit after an overseas purchase: The tariff refunds now flowing through shippers,” which examines the status of refunds following the U.S. Supreme Court's decision earlier this year striking down tariffs imposed under the International Emergency Economic Powers Act, as well as the wave of consumer class actions seeking refunds from retailers who presumably are now receiving the IEEPA refunds.

BTI Consulting Group Names Four Arnold & Porter Attorneys 2026 'BTI Client Service All-Stars'

Thu, 13 Aug 2026 00:00:00 -0500

BTI Consulting Group (BTI) recently named four Arnold & Porter attorneys to its 2026 list of Client Service All-Stars.

FDA Proposes Mandatory GRAS Notification Requirement

Thu, 13 Aug 2026 00:00:00 -0500

On August 11, 2026, the U.S. Food and Drug Administration (FDA) published a proposed rule that would convert the currently voluntary Generally Recognized as Safe (GRAS) notification program into a mandatory requirement. If finalized, any person who introduces a substance into interstate commerce based on self-determined GRAS status would be required to notify FDA of the GRAS determination and provide supporting documentation. The notification requirement would apply to products currently on the market as well as products introduced in the future.

Will Exxon Mobil v. CIMEX Lead to More Helms-Burton Act Claims Against Cuban State-Owned Entities?

Thu, 13 Aug 2026 00:00:00 -0500

On June 23, 2026, in a 6-3 decision in Exxon Mobil Corp. v. Corporación CIMEX, S.A., the Supreme Court held that the Helms-Burton Act (the Act) abrogates the foreign sovereign immunity of Cuban agencies and instrumentalities. Plaintiffs suing those entities under Title III of the Act — a 1996 law that gives U.S. nationals a private right of action against anyone who “traffics” in property the Cuban government confiscated — need not separately establish an exception to immunity under the Foreign Sovereign Immunities Act (FSIA).

AI Data Centers, Domestic Natural Gas Demand & Emerging Contract Risks

Thu, 13 Aug 2026 00:00:00 -0500

The American Lawyer Names Arnold & Porter Among Top 10 on 2026 A-List

Wed, 12 Aug 2026 00:00:00 -0500

Arnold & Porter has once again been recognized on The American Lawyer’s A-List, earning the distinguished honor of being ranked No. 7 among the top 20 firms. This marks the 17th year the firm has been included on the list since its introduction in 2003. The A-List ranking is based on a combination of factors, both financial and cultural, including financial performance, pro bono commitment, associate satisfaction, racial diversity and gender diversity (the percentage of equity partners who are women).

Same Flag, Different Rules: The FSIA’s State-Instrumentality Divide

Wed, 12 Aug 2026 00:00:00 -0500

The Foreign Sovereign Immunities Act (FSIA) broadly protects foreign sovereigns and certain affiliated entities from suit and attachment in U.S. courts, but the precise classification of a defendant — as the foreign state itself, a political subdivision, or an agency or instrumentality — can have significant legal consequences. Courts generally treat core governmental bodies such as ministries, embassies, and armed forces as part of the state; regional governments such as provinces and cities as political subdivisions; and legally separate entities such as state-owned enterprises, central banks, museums, universities, and sovereign wealth funds as agencies or instrumentalities, with courts examining factors including an entity’s functions, independence, relationship to the state, and direct majority ownership. These distinctions are consequential because classification determines the applicable rules for service of process, substantive immunity, attachment and execution of property, punitive damages, and venue; accordingly, correctly identifying a sovereign entity’s status at the outset — and monitoring changes in ownership or status during litigation — can be critical to an FSIA case.

Chambers Again Recognizes Arnold & Porter as a Leading Crisis Management Firm

Tue, 11 Aug 2026 00:00:00 -0500

The 2026 edition of Chambers Crisis and Risk Management named Arnold & Porter as a top firm in this critical space. The guide ranks the leading crisis response and risk advisory professional services providers in key markets worldwide, featuring detailed coverage of core crisis and risk services across the United States, United Kingdom, and global markets based on independent research and evaluations conducted annually by Chambers. According to Chambers, Arnold & Porter “has an outstanding team of attorneys that they can deploy to address urgent matters.

NJBIZ Names Paul Fishman to 2026 Law Power List

Tue, 11 Aug 2026 00:00:00 -0500

Arnold & Porter partner Paul Fishman has been named to NJBIZ's 2026 Law Power list. The annual list recognizes New Jersey legal professionals whose leadership, professional accomplishments, and public service are helping shape the state's legal community and business landscape.

Stacey Halliday Speaks to Corporate Counsel on California Recyclability Law and Sustainability Compliance

Mon, 10 Aug 2026 00:00:00 -0500

Arnold & Porter Environmental partner Stacey Halliday was quoted in the Corporate Counsel article, “Ruling Blocking California Law Shows Headwinds for State Sustainability Measures,” which examines the federal court ruling temporarily blocking enforcement of a California law that would sharply restrict companies' ability to label packaging as recyclable and the broader implications for corporate sustainability compliance.

Latin Lawyer Recognizes Arnold & Porter Mergers & Acquisitions Lawyers in 2025 Deal Tracker

Mon, 10 Aug 2026 00:00:00 -0500

Arnold & Porter partners Carlos Lobo and Marina Richter, senior associates Kristen Acosta and Claire Frost, and associate Jacob Saracino have been recognized in Latin Lawyer's 2025 Deal Tracker, an annual ranking of the most active international lawyers advising on transactions across Latin America.

UPF Litigation Update: Plaintiffs’ Causation Challenge Comes into Sharper Focus

Mon, 10 Aug 2026 00:00:00 -0500

Capital Snapshot: A Monthly Overview of the Issues, Events, and Timelines Driving Federal Policy Decisions

Mon, 10 Aug 2026 00:00:00 -0500

Our Legislative & Public Policy team is pleased to provide the August 2026 edition of Capital Snapshot, which includes a monthly summary of the issues, events, and timelines driving federal policy and political decisions. This month’s edition of the Capital Snapshot contains a review of the landscape of the 119th Congress, including upcoming congressional schedules and key dates, and recently-announced retirements, resignations, vacancies, and candidacies. We also share updates pertaining to the FY 2027 federal funding and the appropriations processes, including the recently passed Senate continuing resolution. Our team also provides comprehensive updates on the latest on trade and tariffs.

India Business Law Journal Recognizes Arnold & Porter in 2026 Foreign Law Firm Report

Fri, 07 Aug 2026 00:00:00 -0500

Arnold & Porter has been recognized by India Business Law Journal, in the "Significant Players" category as part of the publication’s 2026 Foreign Law Firm Report. The report highlighted Arnold & Porter for its work on “cutting-edge AI,” and team members were commended for having “an instinctive understanding of the deep connections that determine how decision-making in India truly works.” It recognizes the work done by Arnold & Porter advising Indian companies across a variety of industries.

Federal Court Permanently Enjoins Prop 65 Cancer Warnings for DEA in Cosmetics

Fri, 07 Aug 2026 00:00:00 -0500

A recent federal court decision permanently bars the California Attorney General from enforcing Proposition 65’s cancer warning requirement for diethanolamine in cosmetics and personal care products, marking the fourth successful First Amendment challenge to a Proposition 65 warning based on disputed scientific evidence. The ruling reinforces a growing judicial trend limiting compelled warnings where the underlying science remains contested and provides industry groups with an increasingly established roadmap for challenging similar Proposition 65 requirements, while signaling continued scrutiny of warning obligations based solely on International Agency for Research on Cancer classifications.

How Will the EU Parliament Shape the MDR/IVDR Revision? Draft Report Indicates How Parliament May Seek to Amend Commission’s Proposals

Thu, 06 Aug 2026 00:00:00 -0500

China Compliance Update: Life Sciences — Summer 2026

Thu, 06 Aug 2026 00:00:00 -0500

The first half of 2026 saw continued expansion of China’s compliance enforcement affecting life sciences companies, with anti-corruption remaining the primary regulatory focus alongside heightened scrutiny of medical data security, scientific research, public procurement, financial and tax compliance, and medical insurance fund integrity. New regulations governing medical representatives, updated judicial guidance lowering criminal liability thresholds for healthcare bribery, and increased enforcement actions — including unannounced inspections and enhanced credit evaluation penalties — underscore regulators’ expectations for stronger compliance programs, robust third-party oversight, and careful management of interactions with healthcare professionals, research activities, and government procurement processes.

Daily Journal Features Joel Greenberg and Sara Adler on the SEC’s Extended-Hours Trading Proposal

Wed, 05 Aug 2026 00:00:00 -0500

Joel Greenberg, senior counsel, and Sara Adler, counsel, of Arnold & Porter’s Corporate & Finance practice, were quoted in the Daily Journal article, “The Market That Never Sleeps,” on the Securities and Exchange Commission's (SEC) upcoming roundtable to discuss moving toward 24-hour trading in the U.S. equity markets.

American Bar Association Honors Sheila Boston with 2026 Margaret Brent Women Lawyers of Achievement Award

Wed, 05 Aug 2026 00:00:00 -0500

The American Bar Association (ABA) Commission on Women in the Profession presented Arnold & Porter partner Sheila S. Boston with its 2026 Margaret Brent Women Lawyers of Achievement Award on August 2, at the ABA Annual Meeting in Chicago.

Law360 Interviews Lisa Re on CMS’ New Exclusion Authority

Wed, 05 Aug 2026 00:00:00 -0500

Lisa Re, Arnold & Porter Life Sciences & Healthcare Regulatory partner and former Assistant Inspector General for Legal Affairs at the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG), was quoted in the recent Law360 article, “Lawyers Eye CMS’ New Power To Freeze Medicaid Funds,” discussing the implications of HHS expanding exclusion authority to the Centers for Medicare & Medicaid Services (CMS).

Law360 Names Tom Pettit to 2026 ‘Rising Stars’ List

Wed, 05 Aug 2026 00:00:00 -0500

Arnold & Porter Government Contracts senior associate Tom Pettit was named to Law360's 2026 list of "Rising Stars." The annual report recognizes attorneys under 40 "whose legal accomplishments belie their age." Honorees were selected based on their career accomplishments in their respective disciplines.

The EU Data Act’s Access-by-Design Deadline: What Life Sciences Companies Need to Know Before September 2026

Wed, 05 Aug 2026 00:00:00 -0500

Stacey Halliday and Jennifer Kwapisz Talk to Inside EPA about Oregon, California EPR Laws

Tue, 04 Aug 2026 00:00:00 -0500

Arnold & Porter Environmental partner Stacey Halliday and Product Liability Litigation partner Jennifer Kwapisz were quoted in the recent Inside EPA article, “Briefing On Due Process Claims Could Limit Impact Of Oregon EPR Suit,” discussing Judge Michael Simon’s order for post-trial briefing in National Association of Wholesaler-Distributors (NAW) v. Feldon, the first extended producer responsibility (EPR) lawsuit to go to trial.

Arnold & Porter Welcomes M&A, Private Equity Partner Chee-Kwan Kim to Seoul Office, Bolstering Transactional Capabilities

Mon, 03 Aug 2026 00:00:00 -0500

SEOUL and WASHINGTON, D.C., August 3, 2026 — Arnold & Porter announced today that Chee-Kwan Kim has joined the firm’s M&A team of its Corporate & Finance practice as a partner. CK will be resident in the firm’s Seoul office.

Arnold & Porter Seattle Office Expands with Life Sciences and Technology Transactions Partner Ken Miller

Mon, 03 Aug 2026 00:00:00 -0500

SEATTLE, August 3, 2026 — Arnold & Porter announced today that Ken Miller has joined the Life Sciences and Technology Transactions teams of the firm’s Corporate & Finance practice as a partner. Ken will reside in the firm’s Seattle office.

Howard Sklamberg Discusses FDA Oversight of Compounded Peptides in Women's Health

Mon, 03 Aug 2026 00:00:00 -0500

Howard Sklamberg, Arnold & Porter Life Sciences & Healthcare Regulatory partner and former Deputy Commissioner for Global Regulatory Operations and Policy at the U.S. Food and Drug Administration (FDA), was quoted in the Women's Health article, “You Might Be Able to Purchase Peptides Soon—but That Doesn’t Mean They’re FDA-Approved,” which explores the FDA advisory committee's recommendation to allow certain peptides to be compounded under Section 503A and the regulatory and public health implications of that decision.

Virtual and Digital Health Digest – July 2026

Mon, 03 Aug 2026 00:00:00 -0500

Leaving Las Vegas: Third Circuit Breaks From Ninth Circuit Ruling on Algorithmic Pricing Claims

Mon, 03 Aug 2026 00:00:00 -0500

On July 29, 2026, in Cornish-Adebiyi v. Caesars Entertainment, Inc., the Third Circuit reversed the dismissal of a putative class action alleging that Atlantic City casino-hotels conspired to fix guest-room rates through a common pricing algorithm. It is the first federal appellate court to allow algorithmic price-fixing claims to survive a motion to dismiss.

USDA Proposes Major Overhaul of AFIDA Rules: In Focus on the Expansion of “Any Interest” and Commercial Real Estate Implications

Mon, 03 Aug 2026 00:00:00 -0500

This Advisory is the third in our series on the proposed rule (Docket No. USDA-2026-0001; RIN 0560-AI70) published by the U.S. Department of Agriculture (USDA) on June 25, 2026.

Managing IP Recognizes Arnold & Porter in 2026 IP Stars Americas Rankings

Fri, 31 Jul 2026 00:00:00 -0500

Managing IP recognized 18 Arnold & Porter lawyers as IP Stars and Rising Stars in its 2026 IP Stars Americas rankings. The guide also recognized 17 Arnold & Porter practice areas across multiple U.S. regions for their intellectual property capabilities. IP STARS is an annual guide that identifies leading intellectual property practitioners and firms based on peer and client feedback, evaluating factors such as expertise, workload, and outcomes achieved for clients.

Latin Lawyer Recognizes Arnold & Porter Finance Lawyers in 2025 Deal Tracker

Fri, 31 Jul 2026 00:00:00 -0500

Arnold & Porter partner Gregory Harrington, counsel Arturo Caraballo, and senior associates Valentina Garzon and Mateo Morris Lievano have been recognized in Latin Lawyer's 2025 Deal Tracker, which provides an annual ranking of the most active international lawyers advising on financing transactions across Latin America. The lawyers were named in the Debt Capital Markets and Banking & Finance categories. Greg Harrington was one of only six international lawyers recognized across both the Debt Capital Markets and Banking & Finance categories.

Debbie Feinstein Discusses State AG Enforcement and Antitrust Trends in Legal Business

Fri, 31 Jul 2026 00:00:00 -0500

Debbie Feinstein, Arnold & Porter Antitrust/Competition partner and former Bureau of Competition Director at the U.S. Federal Trade Commission (FTC), was quoted in the Legal Business article, “Open for Business: Top Antitrust Lawyers on Getting Deals Done in Trump's Second Term,” which examines how merger enforcement is evolving under the current administration.

Virtual & Digital Health Digest

Fri, 31 Jul 2026 00:00:00 -0500

This digest covers key virtual and digital health regulatory and public policy developments during June and early July 2026 from the United States, United Kingdom, and European Union.

Arnold & Porter Advises Panama on Two Financings Totaling €2.9 Billion

Wed, 29 Jul 2026 00:00:00 -0500

Arnold & Porter recently advised the Republic of Panama on two separate sovereign financing transactions totaling €2.9 billion, one with Banco Santander and the other with Merrill Lynch International, a Bank of America affiliate.

Jami Vibbert Discusses the Evolving Privacy and AI Landscape in Law360

Wed, 29 Jul 2026 00:00:00 -0500

Jami Vibbert, chair of Arnold & Porter’s Privacy, Cybersecurity & Data Strategy practice, was quoted in two recent Law360 articles examining the rapidly evolving privacy, artificial intelligence, and data governance landscape.

Arnold & Porter Advises Honduras in $815.7M Notes Offering

Wed, 29 Jul 2026 00:00:00 -0500

Arnold & Porter recently advised the Republic of Honduras in connection with its offering of US$815.7 million of 6.400% Notes due 2036.

SEC Proposes to Authorize Electronic Delivery of Documents Required by the Federal Securities Laws and Regulations

Wed, 29 Jul 2026 00:00:00 -0500

On July 16, 2026, the Securities and Exchange Commission (SEC) proposed Regulation E-Delivery, a new framework that would allow firms to satisfy many federal securities law delivery requirements through electronic delivery by default, without first obtaining recipients' affirmative consent, provided certain notice, opt-out, and security requirements are met. The proposal would modernize and largely replace the SEC's longstanding electronic delivery guidance while introducing standardized requirements for electronic communications, including safeguards for personal financial information, procedures for failed deliveries, and transition rules for existing paper recipients. It would also amend or rescind several existing rules governing investment company shareholder reports, proxy materials, and tender offer communications, reflecting the SEC's broader effort to align securities regulation with current technology and investor communication preferences.

How the U.S. Government is Buying Now: Opportunities and Key Considerations for Technology Companies

Tue, 28 Jul 2026 00:00:00 -0500

This has been a dynamic time for companies that contract with the U.S. Government, or may be considering it.

Lisa Re Talks HHS Fraud Enforcement with Report on Medicare Compliance

Tue, 28 Jul 2026 00:00:00 -0500

Lisa Re, Arnold & Porter Life Sciences & Healthcare Regulatory partner and former Assistant Inspector General for Legal Affairs at the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG), was quoted in the Report on Medicare Compliance article, “Exclusions May Climb as HHS Expands Authority to CMS; HHS Pauses $1B in Medicaid Payments,” discussing several HHS announcements at its press conference on July 21, 2026.

Stacey Halliday and Jennifer Kwapisz Discuss Oregon EPR Trial with Packaging Dive

Tue, 28 Jul 2026 00:00:00 -0500

Arnold & Porter Environmental partner Stacey Halliday and Product Liability Litigation partner Jennifer Kwapisz were quoted in the recent Packaging Dive article, “Oregon EPR trial: What to watch next,” discussing National Association of Wholesaler-Distributors v. Feldon, the first extended producer responsibility lawsuit to go to trial.

Arnold & Porter Grows International Trade Commission Litigation Practice with Partner Brian Hill

Mon, 27 Jul 2026 00:00:00 -0500

WASHINGTON, D.C., July 27, 2026 — Arnold & Porter announced today that Brian Hill has joined the Intellectual Property practice as a partner, focused on U.S. International Trade Commission (ITC) matters. Brian will reside in the firm’s Washington, D.C. office.

The EU Packaging and Packaging Waste Regulation: Why Life Sciences Companies Should Act Now

Mon, 27 Jul 2026 00:00:00 -0500

China Compliance Update: Anti-Corruption — Summer 2026

Fri, 24 Jul 2026 00:00:00 -0500

Anti-corruption remained a top priority for Chinese authorities in the first half of 2026. Regulators issued the first major update to the official judicial interpretation of China’s criminal bribery framework in a decade, took further steps to implement the revised Anti-Unfair Competition Law (AUCL), and kept up a robust pace of anti-corruption enforcement.

Oversight Risks from the Next Congress: What to Expect and What Companies Should Do Now

Thu, 23 Jul 2026 00:00:00 -0500

The next Congress could bring dramatic changes to oversight priorities, investigative targets, and political scrutiny.

Chambers High Net Worth 2026 Recognizes Arnold Porters Lawyers and Private Client Services

Thu, 23 Jul 2026 00:00:00 -0500

The 2026 edition of Chambers High Net Worth recognized Arnold & Porter’s private wealth law capabilities and ranked three of its lawyers. The guide highlights the top lawyers and law firms working with the international private wealth market.

Colorado Narrows Its AI Law, but the FTC Says That’s Not Enough: What Should Companies Make of These Changes?

Thu, 23 Jul 2026 00:00:00 -0500

Colorado has significantly scaled back its pioneering artificial intelligence (AI) law, replacing its original, risk-management-focused framework with a more streamlined, disclosure-based approach that takes effect January 1, 2027, while broader state AI regulation continues to evolve in different directions. Although the revised law reduces compliance burdens by eliminating mandatory impact assessments and risk management programs, it still imposes important notice, transparency, and human-review obligations for businesses using automated decision-making tools in areas such as employment, lending, healthcare, insurance, and education. At the same time, the Federal Trade Commission has suggested the law may be preempted by federal law, creating additional uncertainty and making it essential for companies to prepare for compliance while closely monitoring forthcoming rulemaking and federal developments.

Part III: Taking Buy Local to the Next Level: Supply Chain Developments in Life Sciences

Wed, 22 Jul 2026 00:00:00 -0500

Traditional government contractors have long known that the integrity of the supply chain for the U.S. industrial base is a crucial national security issue.

Eva Temkin Discusses FDA’s Complete Response Letter Transparency Policy in BioSpace

Wed, 22 Jul 2026 00:00:00 -0500

Eva Temkin, Arnold & Porter Life Sciences & Healthcare Regulatory partner and former Acting Policy Staff Director at the U.S. Food and Drug Administration (FDA)'s Office of Therapeutic Biologics and Biosimilars, was quoted in the BioSpace article, "FDA's radical transparency policy for rejections runs into legal uncertainty," which examines the legal and regulatory questions surrounding the FDA's policy of publishing complete response letters (CRLs) for unapproved drug applications.

Howard Sklamberg Discusses FDA Oversight of Peptides on NPR

Wed, 22 Jul 2026 00:00:00 -0500

Howard Sklamberg, Arnold & Porter Life Sciences & Healthcare Regulatory partner and former Deputy Commissioner for Global Regulatory Operations and Policy at the U.S. Food and Drug Administration (FDA), recently spoke with NPR’s Short Wave to discuss the regulatory challenges surrounding the expanding market for peptide products.

EDPB Guidelines on Anonymisation: What Life Sciences Companies Need to Know

Tue, 21 Jul 2026 00:00:00 -0500

Arnold & Porter Shortlisted for 14 Awards at 2026 LMG Life Sciences Americas Awards

Mon, 20 Jul 2026 00:00:00 -0500

Arnold & Porter has been shortlisted for 14 awards at the 2026 LMG Life Sciences Americas Awards, which recognize the region’s most distinguished practitioners and their firms for their exemplary work in the Life Sciences legal practice over the past year.

Arnold Porter & Discusses Proposed FDIC Overhaul of Confidential Information Regulations

Mon, 20 Jul 2026 00:00:00 -0500

Maria Chedid Comments in Law360 on AI Trends in Arbitration

Thu, 16 Jul 2026 00:00:00 -0500

Maria Chedid, global chair of Arnold & Porter’s International Arbitration practice, was quoted in the Law360 article, "3 Int'l Arbitration Trends To Watch: Midyear Report," examining key developments expected to shape arbitration through the remainder of 2026.

Law360 Quotes John Elwood on the U.S. Supreme Court's 2025–2026 Term

Thu, 16 Jul 2026 00:00:00 -0500

John Elwood, head of Arnold & Porter’s Appellate & Supreme Court practice, was quoted in the Law360 article, "Circuit-By-Circuit Guide To The US Supreme Court's Term," analyzing how the federal courts of appeals fared during the U.S. Supreme Court's recently concluded term.

Latinvex Again Ranks Arnold & Porter Among Top International Law Firms in Latin America

Thu, 16 Jul 2026 00:00:00 -0500

Arnold & Porter has again been recognized in Latinvex’s “Latin America: Top International Law Firms” list in four categories.

FTC and DOJ Secure $12 Million Settlement for HSR Act Violations in Edwards/JC Medical Deal

Thu, 16 Jul 2026 00:00:00 -0500

On July 13, 2026, the U.S. Department of Justice (DOJ), on behalf of the Federal Trade Commission (FTC), announced a proposed settlement with Edwards Lifesciences and Genesis MedTech over allegations that the companies deliberately structured Edwards' acquisition of JC Medical to evade the Hart-Scott-Rodino (HSR) Act's premerger notification requirements. The settlement imposes a record $12 million in combined civil penalties and underscores the agencies' willingness to scrutinize transactions involving pre-commercial medical technologies, particularly where related deal components may have been divided to avoid HSR filing thresholds. The case, coupled with the FTC's successful challenge to Edwards' proposed acquisition of JenaValve, reinforces that antitrust regulators will look beyond a transaction's formal structure to its economic substance and highlights the importance of involving antitrust counsel early when structuring complex acquisitions.

Global Anti-Corruption Insights: Summer 2026

Thu, 16 Jul 2026 00:00:00 -0500

In this Newsletter, we highlight significant policy and case developments concerning the U.S. Foreign Corrupt Practices Act and other federal laws used in bribery cases, along with a few anti-corruption updates from around the world.

Corp Fin Issues New CFIs

Wed, 15 Jul 2026 00:00:00 -0500

The U.S. Securities and Exchange Commission Staff has issued updated Compliance and Disclosure Interpretations clarifying several key aspects of the federal securities laws, including that cash-settled total return equity swaps generally do not create beneficial ownership under Section 13 absent an evasive scheme, while emphasizing that arrangements designed to conceal beneficial ownership may still trigger reporting obligations. The guidance also expands disclosure requirements for activist investment vehicles and proxy campaigns, clarifies ongoing reporting obligations for Regulation Crowdfunding issuers, and confirms that certain tender offer notice requirements may be satisfied through a widely disseminated press release with a hyperlink to offer materials, rather than a newspaper advertisement.

USDA Proposes Major Overhaul of AFIDA Rules: In Focus on the Expansion of the “Significant Interest or Substantial Control” Test to Include “Beneficial Owners”

Wed, 15 Jul 2026 00:00:00 -0500

This Advisory is a companion to our June 2026 Advisory on the proposed rule (Docket No. USDA-2026-0001; RIN 0560-AI70) published by the U.S. Department of Agriculture (USDA) on June 25, 2026, that would, if finalized in its current form, make significant changes to the Agricultural Foreign Investment Disclosure Act (AFIDA).

Amb. Barbara Leaf Joins BBC News to Discuss Diplomatic Outlook of U.S.-Iran Conflict

Tue, 14 Jul 2026 00:00:00 -0500

Arnold & Porter Senior International Policy Advisor and former U.S. Ambassador Barbara Leaf joined BBC News to discuss the latest U.S. strikes on Iran, Tehran's threat to close the Strait of Hormuz, and ongoing efforts to negotiate an end to the conflict.

The End of For-Cause Removal? Supreme Court Reshapes Removal Protections for Independent Agency Leadership

Tue, 14 Jul 2026 00:00:00 -0500

On June 29, 2026, the U.S. Supreme Court issued two decisions addressing the president’s power to remove appointed federal officials, which will likely have dramatic implications for a broad range of federal independent agencies and the U.S. regulatory landscape.

The End of the ATS Road? Supreme Court Limits International Human Rights Lawsuits in U.S. Courts

Tue, 14 Jul 2026 00:00:00 -0500

On June 23, 2026, the U.S. Supreme Court ruled in Cisco Systems, Inc. v. Doe that federal courts may not create new causes of action under the Alien Tort Statute (ATS), the 1789 statute that gives federal courts jurisdiction over tort suits by foreign nationals for violations of international law.

Reassessing CMMC: DOD Suspends CMMC Phase II, But Core DFARS Obligations Endure

Tue, 14 Jul 2026 00:00:00 -0500

The U.S. Department of Defense has temporarily suspended implementation of Cybersecurity Maturity Model Certification (CMMC) Phase II while it conducts a 60-day review of the program, citing concerns over high compliance costs, limited third-party assessment capacity, and impacts on the defense industrial base. Although third-party certification requirements are on hold, defense contractors must continue to comply with existing cybersecurity obligations — including NIST SP 800-171, DFARS safeguarding and reporting requirements, and CMMC Level 1 and Level 2 self-assessments — while monitoring potential reforms and upcoming guidance.

Arnold & Porter Strengthens AI Leadership, Appoints Roger Maeda as the Firm’s First Chief Artificial Intelligence Officer

Mon, 13 Jul 2026 00:00:00 -0500

WASHINGTON, D.C., July 13, 2026 — Arnold & Porter is pleased to announce the appointment of Roger Maeda as the firm’s first Chief Artificial Intelligence Officer, reinforcing its commitment to responsible and innovative artificial intelligence and the future of technology-enabled legal services.

Ron Levine Talks Energy Dealmaking with Law360

Mon, 13 Jul 2026 00:00:00 -0500

Ron Levine, co-chair of Arnold & Porter’s Corporate & Finance Group, was recently quoted in the Law360 article, “State Of 2026 Energy Dealmaking: Midyear Report,” speaking with the publication about the global and national developments that have shaped energy transactions so far this year.

Pallavi Mehta Wahi Comments on Seattle Legal Market in Law360

Mon, 13 Jul 2026 00:00:00 -0500

Pallavi Mehta Wahi, Arnold & Porter Chair of Western U.S. Strategic Growth and head of the firm’s Seattle office, was recently quoted in the Law360 article, “New BigLaw Competition Is Changing The Seattle Market,” discussing the importance of Seattle in the U.S. legal market.

FDIC Proposes Substantial Overhaul of Confidential Information Regulations

Mon, 13 Jul 2026 00:00:00 -0500

The Federal Deposit Insurance Corporation (FDIC) has proposed its first major update to its Confidential Supervisory Information (CSI) rules in nearly 30 years, with comments due by August 31, 2026. The proposal would reorganize the agency's disclosure regulations and, most notably, expand the circumstances under which FDIC-supervised institutions may share CSI without prior FDIC approval. If adopted, banks could disclose CSI for legitimate business purposes to a broader range of recipients — including outside counsel, auditors, consultants, IT providers, certain executives, affiliates, and potential merger partners — subject to confidentiality agreements and other conditions. The proposed changes are intended to modernize and clarify the FDIC's disclosure framework while providing institutions with greater operational flexibility. Comments on the proposed rule are due by August 31, 2026

FDA Proposes New Registration and Listing Pathway for Distributed Drug Manufacturing and Aligns Foreign Establishment Obligations With Current Law

Mon, 13 Jul 2026 00:00:00 -0500

On July 13, 2026, the U.S. Food and Drug Administration (FDA) published a proposed rule that would amend the drug establishment registration and drug listing requirements for establishments engaged in distributed manufacturing (DM) and for foreign drug establishments.

Puget Sound Business Journal Interviews Pallavi Mehta Wahi on Arnold & Porter Seattle Growth

Fri, 10 Jul 2026 00:00:00 -0500

Pallavi Mehta Wahi, Arnold & Porter Chair of Western U.S. Strategic Growth and head of the firm’s Seattle office and India practice, was recently quoted in the Puget Sound Business Journal article, “Law firm Arnold & Porter to expand with move to Seattle’s One Union Square,” discussing the firm’s ongoing strategic West Coast growth.

Attempt to Amend in the First UPF Personal Injury Suit Fails to Clear Specific Causation Hurdle

Fri, 10 Jul 2026 00:00:00 -0500

On June 30, 2026, the U.S. District Court for the Eastern District of Pennsylvania denied the plaintiff leave to amend his complaint in Martinez v. Kraft Heinz, reinforcing that private ultra-processed food (UPF) personal injury claims must plausibly allege product-specific but-for causation. The court held that generalized allegations linking UPFs to disease and industry-wide liability theories were insufficient to state a claim, underscoring the significant causation hurdles facing private plaintiffs while leaving the litigation landscape for government enforcement actions largely unchanged.

Capital Snapshot: A Monthly Overview of the Issues, Events, and Timelines Driving Federal Policy Decisions

Fri, 10 Jul 2026 00:00:00 -0500

Our Legislative & Public Policy team is pleased to provide the July 2026 edition of Capital Snapshot, which includes a monthly summary of the issues, events, and timelines driving federal policy and political decisions.

Anti-Corruption Report Features Daniel Bernstein in Compliance Reps and Warranties Series

Thu, 09 Jul 2026 00:00:00 -0500

Daniel Bernstein, Arnold & Porter White Collar Defense & Investigations counsel, was recently quoted in a four-part Anti-Corruption Report series examining the role of compliance representations and warranties in managing legal and regulatory risk.

Evan Rothstein Quoted in Law360 on Key Midyear Patent Decisions

Thu, 09 Jul 2026 00:00:00 -0500

Evan Rothstein, co-chair of Arnold & Porter’s Intellectual Property practice, was quoted in the Law360 article, “Biggest Rulings For Patent Attys In 2026: A Midyear Report,” which examines several of the year's most significant patent decisions from the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit.

Arnold & Porter Advises Aurobindo Pharma in FTC Clearance for Acquisition of Lannett Company

Thu, 09 Jul 2026 00:00:00 -0500

Arnold & Porter recently represented Aurobindo Pharma Limited in obtaining Federal Trade Commission (FTC) clearance for its acquisition of Lannett Company, Inc., a manufacturer of generic pharmaceutical products, in a transaction valued at approximately $250 million.

Oversight of Laboratory Developed Tests One Year After ACLA v. FDA: Assessing Legislative Proposals in Context

Thu, 09 Jul 2026 00:00:00 -0500

Our latest Advisory examines the current state of laboratory developed test oversight, highlights key developments since the court’s decision, and explores what stakeholders should be watching as policymakers consider future regulatory approaches.

John Elwood Discusses Supreme Court and Federal Appeals Court Decisions in Law360

Wed, 08 Jul 2026 00:00:00 -0500

John Elwood, head of Arnold & Porter’s Appellate and Supreme Court practice, was quoted in the Law360 article, “After Tense Terms, Hints Of High Court Harmony With Circuits,” discussing signs of increasing alignment between the U.S. Supreme Court and the federal courts of appeals during the Court's latest term.

Law360 Quotes Patrick Madden on Third Circuit FLSA Gap Time Decision

Wed, 08 Jul 2026 00:00:00 -0500

Patrick Madden, a partner in the firm’s Labor & Employment group, was quoted in the Law360 article, "5 Major Wage And Hour Rulings So Far In 2026," which examines several significant wage-and-hour decisions issued during the first half of 2026.

Antitrust Agency Insights: Developments at the U.S. Antitrust Enforcement Agencies — Second Quarter 2026

matthew.tabas@arnoldporter.com — Wed, 08 Jul 2026 00:00:00 -0500

Successfully navigating antitrust agency investigations requires a familiarity with Department of Justice and Federal Trade Commission processes, as well as insight into those agencies and their leaderships’ current priorities for enforcement and competition policy. This Newsletter will provide periodic updates on both, offering an analytical look at how the antitrust agencies are approaching important competition issues and what current investigations may mean for potential future enforcement. We hope our experience — both inside and outside these agencies — will provide insights that help you make more informed decisions for your business.

Generative AI Is Reshaping The Defense Of Complex Litigation

Wed, 08 Jul 2026 00:00:00 -0500

Defending against a lawsuit is expensive, document-intensive and increasingly complex. For in-house legal teams managing outside counsel and overseeing large-scale litigation — including multidistrict litigation and mass torts — the pressure to control costs while maintaining quality is constant.

Law360 Interviews Ron Lee on NDAA Implications for Government Contractors

Tue, 07 Jul 2026 00:00:00 -0500

Ron Lee, senior counsel in Arnold & Porter’s Government Contracts and National Security practices, was recently quoted in the Law360 article, “New Chinese Lobbying Law Raises Q’s For DOD Contractors,” covering how defense contractors are navigating implementation of a provision of the National Defense Authorization Act for Fiscal Year 2025 that prohibits the Secretary of Defense from contracting with companies that contract with a firm that provides lobbying activities for companies on the Department of Defense’s list of Chinese military companies operating in the United States.

Prominent Tech Litigator Sunita Bali Joins Arnold & Porter in San Francisco, Continuing West Coast Expansion

Tue, 07 Jul 2026 00:00:00 -0500

SAN FRANCISCO, July 7, 2026 — Arnold & Porter announced today that Sunita Bali has joined the firm’s Complex Litigation practice as a partner. Sunita will be resident in the firm’s San Francisco office.

Mark Epley Talks Federal Tax Developments with Law360

Tue, 07 Jul 2026 00:00:00 -0500

Arnold & Porter Legislative & Public Policy partner Mark Epley was recently quoted in the Law360 article, “Top Federal Tax Policies Of 2026: Midyear Report,” discussing the most consequential developments in federal tax policy from the first half of 2026.

Legal Strategies for Academic-Industry Research Collaborations

mir.elias@arnoldporter.com — Tue, 07 Jul 2026 00:00:00 -0500

Arnold & Porter’s Trial School Spotlighted in The National Law Journal

Thu, 02 Jul 2026 00:00:00 -0500

The National Law Journal recently featured Arnold & Porter’s annual trial school in the article, “AI-Proof Work: How One Big Law firm's Trial School Trains Associates,” which highlights the firm's long-standing commitment to and continued investment in preparing associates for courtroom training through immersive, hands-on training at a time when artificial intelligence is transforming many aspects of legal practice.

China Imposes Export Control and Government Procurement Restrictions on Designated U.S. Companies

Thu, 02 Jul 2026 00:00:00 -0500

On June 22, 2026, China’s Ministry of Commerce (MOFCOM) and Ministry of Finance (MOF) both announced restrictive measures targeting a total of 56 U.S. entities, likely in response to the U.S. Department of Defense’s (DoD) recent expansion of its list of “Chinese military companies,” also known as the “1260H List.” This Advisory provides an overview of the June 22 announcements, and summarizes the key prohibitions and latest developments.

Daily Journal Names Dipanwita Deb Amar and David Reis to 2026 ‘Top Labor & Employment Lawyers’ List

Wed, 01 Jul 2026 00:00:00 -0500

Arnold & Porter partners Dipanwita Deb Amar and David Reis were named to the Daily Journal's 2026 list of "Top Labor & Employment Lawyers." The annual supplement profiles California's "top labor and employment attorneys specializing in litigation, PAGA matters, unlawful terminations, and workplace investigations."

Artificial Intelligence, Privilege, and Work Product: Emerging Risks in the Life Sciences Industry

Wed, 01 Jul 2026 00:00:00 -0500

As artificial intelligence (AI) use has become prevalent in nearly every stage of litigation, including pre-litigation efforts, courts and litigants alike have encountered challenges applying longstanding doctrine to new technology. Recent decisions indicate that courts disagree on whether communications with generative AI tools are more like disclosures to a third party or more like the use of traditional word-processing tools.

Bobby McMillin Discusses Biosecure Act in STAT

Tue, 30 Jun 2026 00:00:00 -0500

Arnold & Porter Legislative & Public Policy partner Bobby McMillin was recently quoted by STAT discussing the impact of the Biosecure Act and the potential for additional legislative and regulatory measures.

Washington State’s CEMA Amendment: A Speedbump, Not a Roadblock

Tue, 30 Jun 2026 00:00:00 -0500

Washington State has seen an explosion of lawsuits under its Commercial Electronic Mail Act (CEMA, Ch. 19.190 RCW), stemming from the Washington Supreme Court’s ruling last year in Brown v. Old Navy expanding the scope of “false or misleading” email content. Our latest Advisory examines what the new law changes, what it leaves unchanged, and the practical steps businesses should consider to reduce risk while navigating Washington’s evolving enforcement landscape.

Critical Minerals and Critical Infrastructure Disputes Post-Pax Americana

Bart.Wasiak@arnoldporter.com — Tue, 30 Jun 2026 00:00:00 -0500

Virtual and Digital Health Digest – June 2026

Tue, 30 Jun 2026 00:00:00 -0500

USDA Proposes Major Overhaul of AFIDA Rules

Tue, 30 Jun 2026 00:00:00 -0500

On June 25, 2026, the U.S. Department of Agriculture (USDA) published a proposed rule (Docket No. USDA-2026-0001; RIN 0560-AI70) that would significantly reshape the regulatory framework under the Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA). The proposed rule would broaden what counts as “agricultural land,” narrow long-standing reporting exemptions, expand beneficial ownership disclosure, increase penalties, and move administration of the program to USDA’s Office of Homeland Security. A wide range of market participants could be affected, including institutional investors in farmland and timberland; commercial and rural-land developers; renewable energy and infrastructure developers; foreign persons and U.S.-organized entities with upstream foreign ownership; and even wholly domestic owners who lease to foreign tenants. Public comments are due August 10, 2026.

Who Counts as a “Foreign Person”?

Before turning to the proposed changes, it is worth pausing on a threshold point that is easy to overlook: AFIDA’s reporting obligations turn on whether a filer is a “foreign person,” and that term is defined far more broadly than many U.S. owners assume. A “foreign person” includes not only foreign individuals, foreign governments, and entities organized outside the United States, but also U.S.-organized entities in which foreign persons hold a “significant interest or substantial control.” A domestic entity can therefore be treated as a foreign person, and be drawn into AFIDA reporting, based solely on its upstream ownership. The proposed rule makes this more likely by lowering the aggregate-ownership threshold from 50% to 10%, and by counting beneficial owners and any interest held by a foreign adversary. A U.S. fund, partnership, or holding company should not assume AFIDA is inapplicable simply because it is organized domestically; the question turns on who holds direct and indirect interests in the entity. Separately, a wholly domestic landlord whose tenant is a foreign person may find that the tenant carries its own independent reporting obligation.

A National Security Initiative

The proposed rule is expressly framed as a national security measure rather than the data-collection exercise AFIDA has historically been. USDA ties the rulemaking to a January 2024 Government Accountability Office report finding that USDA had not shared timely or reliable AFIDA data with the Committee on Foreign Investment in the United States (CFIUS), and to the July 2025 National Farm Security Action Plan, which declares that “farm security is national security” and makes reform of the AFIDA process a top action item. A recurring theme throughout the proposed rule is improving the flow of AFIDA data to CFIUS and applying heightened scrutiny to foreign adversaries. It bears emphasis, however, that AFIDA remains a disclosure statute: it does not authorize USDA to block, condition, or unwind a transaction. National security review of farmland transactions continues to rest with CFIUS, which generally reaches agricultural land only where the land qualifies as “covered real estate” (for example, by proximity to a military installation) or forms part of a covered transaction.

Key Proposed Changes

Expanded Definition of “Agricultural Land”

The proposed rule significantly broadens the definition of “agricultural land,” replacing the decades-old Standard Industrial Classification codes with current North American Industry Classification System (NAICS) codes and adding: solar and wind energy generation on agricultural land; pipeline transportation corridors; farm product warehousing and processing; conservation land that could be used for farming, ranching, forestry, or timber production; and agricultural research and development activities. The proposed rule would also eliminate the current exemption for tracts of 10 acres or less generating under $1,000 in annual receipts and, for the first time, make easements and rights-of-way for non-agricultural use reportable. Importantly, land meeting the definition would be treated as agricultural land regardless of local zoning classification. Owners of farmland, timberland, conservation land, renewable energy and pipeline interests, and path-of-growth real estate holdings may wish to reassess their portfolios for potential filing obligations.

Lease Exemption Dramatically Narrowed

Currently, leaseholds of less than 10 years are exempt from AFIDA reporting. Under the proposed rule, that exemption would be reduced to leases of less than one year for most foreign persons, and eliminated entirely for entities from or controlled by foreign adversary countries (China, Russia, Iran, North Korea, and others designated by the Secretary of State). Short-term agricultural leases, crop production arrangements, and energy site leases that are currently exempt may become reportable.

Enhanced Beneficial Ownership and Structural Disclosure

Foreign persons that are neither individuals nor governments, including funds, partnerships, and corporate entities, would face substantially expanded disclosure requirements. The proposed rule would lower the threshold at which aggregated foreign interests constitute “significant interest or substantial control” from 50% to 10% (USDA has asked for comment on a 5% threshold) and would eliminate the current reporting exemptions for certain shareholders. The proposed rule would require: identification of all persons holding 10% or more of any interest (individually or in aggregate); identification of all “beneficial owners,” defined broadly to include anyone exercising decision-making authority over the land regardless of percentage held; ownership diagrams depicting the relationship between all interest holders; tax identification numbers and passport numbers for all foreign persons; and disclosure of shell corporation structures at all intermediary tiers. Filers would also have to submit a digital, open-source geospatial map delineating the land and its uses, together with current acreage. The proposed definition of “shell corporation” is broadly drawn and may capture holding vehicles common in institutional real estate structures.

Stricter Penalties: Restructured and Increased

The proposed rule significantly increases civil penalties and removes the existing provisions allowing downward adjustment of penalties. It would create three separate late-filing penalty schemes (for acquisitions and holdings, for transfers and inheritances, and for newly reportable holdings), each beginning with an initial $250 penalty assessed on the 91st day. Thereafter, penalties accrue on two tracks: entities designated as foreign adversaries or foreign-adversary-controlled entities would accrue 2.5% of fair market value per week, and all other foreign persons 1.5% per week. For portfolios holding multiple parcels, exposure could compound substantially.

Electronic Filing and New Portal

All AFIDA filings would have to be submitted through USDA’s new online portal (afida.landmark.usda.gov), which requires a Login.gov account. The paper FSA-153 form would be phased out, and the proposed rule removes form-specific references so that USDA can deploy a new electronic form. Filers who cannot access the portal could seek assistance from their local Farm Service Agency (FSA) office.

Administration Transferred to Office of Homeland Security

Administration of AFIDA is moving out of FSA. A separate final rule issued April 13, 2026 already transferred AFIDA authority from FSA to USDA’s Assistant Secretary for Administration, and this proposed rule would codify the sub-delegation of day-to-day administration to USDA’s Office of Homeland Security (OHS), a change that reflects the program’s more explicit national security orientation. FSA would remain the initial point of contact for filers and would assist with fair market value determinations. The proposed rule also overhauls penalty appeals: the response window would shrink from 60 to 30 days; the options to submit a written statement contesting liability or to request a hearing would be eliminated in favor of a single review by the OHS Director; payment would be required electronically through pay.gov; and decisions would be administratively final, with unpaid penalties referred to the U.S. Department of Justice.

Interaction With State Law

AFIDA operates alongside a growing patchwork of state laws. Roughly two dozen states now restrict foreign ownership of agricultural land or impose their own reporting requirements, and these vary widely in scope, triggers, and penalties. Compliance with AFIDA does not satisfy these separate state obligations. The proposed rule states that conflicting state and local laws would be preempted, while also reminding filers that they must continue to comply with applicable state and local restrictions and that USDA will keep sharing filings with state departments of agriculture. That tension, together with pending constitutional challenges to certain state foreign-ownership statutes, leaves the federal-state landscape unsettled.

What This Means for Investors and Landowners

If finalized, the rule would likely require many parties that are currently exempt, or that have never considered themselves subject to AFIDA, to evaluate new disclosure obligations. The proposed rule includes a limited safe harbor period to allow parties time to make compliant filings if deemed necessary. Different categories of market participants could be affected in different ways:

Institutional investors in farmland and timberland: Assess whether holdings fall within the expanded definition of agricultural land and whether fund, joint venture, or trust structures cross the lowered 10% aggregate threshold or trigger the new beneficial-ownership and ownership-diagram disclosures. Also, whether the reduced acreage area and changes to leasehold reporting requirements have expanded prior reporting obligations.
Commercial and rural-land developers: Pre-development or path-of-growth parcels that were farmed or grazed within the prior five years may qualify as agricultural land even if rezoned for another use; this proposed rule clarifies that the filing obligation would apply regardless of local zoning.
Renewable energy and infrastructure developers: Solar, wind, and pipeline interests, as well as easements and rights-of-way, may be reportable, including under site-control leases that were previously exempt.
U.S. entities with upstream foreign ownership: These parties face the most extensive new disclosure, including ownership diagrams, identifiers, and geospatial maps. Where a foreign adversary is involved, they also face the higher penalty track and the loss of lease exemptions.

The proposed rule provides a 90-day window after the final rule’s effective date for newly reportable holdings to come into compliance, along with a one-year reduced-penalty transition period. We are monitoring this rulemaking and can assist with assessing portfolio exposure, preparing public comments, and compliance planning. Comments on the proposed rule are due August 10, 2026.

The proposed changes could have important implications for foreign investors, agribusinesses, lenders, renewable energy companies, and other organizations with interests in U.S. real estate. This alert is for informational purposes only and does not constitute legal advice.

© Arnold & Porter Kaye Scholer LLP 2026 All Rights Reserved. This Advisory is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.

James Joseph Quoted in The Chronicle of Philanthropy on Evolving Trends in Major Donor Giving