On May 29, the California Air Resources Board (“CARB”) held a virtual public workshop to discuss forthcoming regulations to implement SB 253 and SB 261, landmark California laws that require many corporate entities to disclose their greenhouse gas (“GHG”) emissions and climate-related financial risk. CARB affirmed the existing statutory deadlines and stated that it plans
May 2025
GAO: DCAA Built a Valuable Bench of Independent Public Accountants, Now What?
The Government Accountability Office (“GAO”) released a report on the Defense Contract Audit Agency’s (“DCAA”) past and future use of private-sector, independent public accountants to augment its auditor workforce. The initiative—approved under Section 803 of the Fiscal Year (“FY”) 2018 National Defense Authorization Act (“NDAA”)—began in fiscal year 2020 and was originally envisioned by Congress…
CJEU Receives Questions on Copyright Rules Applying to AI Chatbot
On April 3, 2025, the Budapest District Court made a request for a preliminary ruling to the Court of Justice of the European Union (“CJEU”) relating to the application of EU copyright rules to outputs generated by large language model (LLM)-based chatbots, specifically Google’s Gemini (formerly Bard). This Case C-250/25 involves a dispute between Like…
Ghee, I Can’t Believe I Need Evidence: N.D. Cal. Denies Class Certification in Food Labeling Case
Food mislabeling class actions are increasingly common. Last week, the Northern District of California denied a motion for class certification involving allegations of false labeling on ghee, a clarified butter product, because the plaintiff failed to produce evidence
Defendant Ancient Organics, a ghee manufacturer, made representations on its packaging that the ghee “is the…
Nebraska Bans Minor Social Media Accounts Without Parental Consent
On May 20, 2025, Nebraska Governor Pillen approved LB 383, which imposes a broad range of restrictions on minors’ access online. In addition to a ban on artificial intelligence-generated child pornography, the law also requires parental controls over minor social media accounts. Nebraska joins at least two other states that have passed bans on…
Senate Passes Stand-Alone Bill to Enact “No Tax on Tips”
On May 20, 2025, the Senate unanimously passed S. 129, the No Tax on Tips Act (the “Senate Bill”) which differs in several substantive ways from the “No Tax on Tips” provision included the House reconciliation bill (H.R. 1) passed by the House of Representatives (the “House Bill”) (see prior coverage). …
Eleventh Circuit Decision Underscores Importance of Complying with AAA Rules
Companies who rely on arbitration agreements that select the American Arbitration Association (AAA) consumer arbitration rules for dispute resolution should take note of a recent decision by the Eleventh Circuit affirming the denial of a motion to compel arbitration and emphasizing the importance of proactively complying with the AAA’s rules and policies.…
Home Pregnancy Test Company Wins Dismissal of Pixel Wiretapping Suit
Health-related websites are increasingly targeted with wiretapping suits if they use pixels or other third-party technologies to power their websites. A few months ago, a California court dismissed on multiple grounds one such suit challenging the use of website pixels by Clearblue, a company that offers home pregnancy and fertility test kits. Saedi v. SPD…
New York Attorney General Issues Guidance on New York Child Data Protection Act
On May 19, 2025, New York’s Office of the Attorney General (“OAG”) published new guidance on the New York Child Data Protection Act (the “Act”), which becomes effective on June 20, 2025. As we reported last summer, the OAG released an Advanced Notice of Proposed Rulemaking addressing the Act on August 1, 2024. The OAG…
FCC Looks to Identify Telecom Investments by Foreign Adversaries
Today, the Federal Communications Commission (“FCC”) released the final text of a Notice of Proposed Rulemaking (“NPRM”) aimed at identifying FCC regulated entities that are controlled by a “foreign adversary.”
This development, along with a separate action recently taken by the FCC to adopt new rules that prohibit the use of test labs or telecommunication…