Practical perspectives for contemporary legal challenges.
The Federal Trade Commission’s (FTC) negative option rule, better known as the “Click-to-Cancel” rule, which was set to go into effect July 14, 2025, has been vacated in its entirely by the Eighth Circuit in Custom Communications, Inc. v. FTC, Case No. 24-3137 (8th Cir. July 8, 2025). The court held that the FTC flouted …
Continue reading “Rule Interrupted: “Click-to-Cancel” is “Click-to-Gone””
Effective July 1, 2025, Florida has significantly revised how state agencies develop and adopt regulations. These changes, enacted under Chapter 2025-189, Laws of Florida, aim to increase transparency, consistency, and public involvement in the rulemaking process. Below is a summary of key updates that may affect businesses, local governments, and other stakeholders. Stricter Timelines for …
Continue reading “Major Updates to Florida’s Rulemaking Process – What You Need to Know”
On June 22, 2025, Governor Abbott signed the Texas Responsible Artificial Intelligence Governance Act (TRAIGA), which will take effect January 1, 2026. Any business or government agency working with AI in Texas should take note that TRAIGA is not a copy-paste of other states’ laws; rather, it specifically targets intentional misuse of AI, not just …
Continue reading “Texas Passes TRAIGA: What the New AI Law Means for Your Business”
Just about every week, someone asks one of us how our work is being affected by artificial intelligence (“AI”), and especially about the large language models (“LLMs”), such as ChatGPT, that have become prevalent in everyday life. As commercial litigators, AI has limited application to the work that we do. Certainly, it can be helpful …
Continue reading “Artificial Intelligence and Lawyering: Why Machines Can’t Do Our Jobs”
The Air Force is showing increased interest in using its Contractor Responsibility Watch List (CRWL). This is for companies that, in the agency’s view, should be blocked from further space projects. The CRWL skips over the debarment process for contracts and grants based on an apparent congressional notion that the Space Systems Command, and now …
What will antitrust enforcement look like under a second Trump presidency? While much remains uncertain, particularly regarding key appointments to the enforcement agencies, historical trends and policy priorities offer important clues. We anticipate a return to more traditional enforcement approaches, with notable departures from the ambitious reforms pursued by the Biden administration. However, Biden’s reform …
Continue reading “What to Expect from Antitrust Enforcement in a Second Trump Administration”
On January 27, 2025 (the “Effective Date”), the Federal Communications Commission’s (“FCC”) “1:1” consent rule for telemarketing texts and auto-dialed, i.e., robocalls and robotexts will go into effect (the “Final Rule”). The Final Rule will require consumers to provide separate, written consent for each company that wants to send the consumer marketing messages, and it …
On July 1, 2024, Florida, Oregon, and Texas will join California, Colorado, Connecticut, Utah, and Virginia by adding privacy laws governing the collection, use, and transfer of consumer personal data. Montana will follow suit effective October 1, 2024. The new laws are similar to existing state data privacy laws in that they grant consumer protections and …
Continue reading “Better Call Your Privacy Attorney: 3 New State Privacy Laws Begin July 1, 2024”
In evaluating the feasibility and profitability of a potential investment, it’s crucial for a prudent buyer to conduct a comprehensive review of all property leases. Such an examination allows the buyer to verify the property’s cash flow and identify any potential risks or liabilities. However, determining whether tenants are indeed adhering to their lease obligations …
Continue reading “Leveraging Tenant Estoppel Certificates in Commercial Real Estate Deals”
In a landmark decision, a federal court has ruled against the Environmental Protection Agency (EPA) and U.S. Fish and Wildlife Service, determining that their approval of Florida’s takeover of the Clean Water Act wetlands permitting program violated federal law. The court’s decision, which came as a result of a lawsuit filed by seven environmental groups, …
Continue reading “Florida Loses Wetland Permitting Authority”