On September 24, Senate Democratic Leader Chuck Schumer (D-N.Y.), Senator Maria Cantwell (D-Wash.), and Senator Ed Markey (D-Mass.) introduced the Management of Individuals’ Neural Data (“MIND”) Act of 2025, which would require the Federal Trade Commission (“FTC”) to conduct a study and provide a report examining the governance of “neural data” under existing law and
2025
California Court Dismisses Hotel Website Wiretapping Suit Based on “In Transit” Requirement
Recently, a California federal judge dismissed a suit alleging that Sojern, Inc., a travel marketing platform, violated the Federal Wiretap Act and California law by allegedly installing “tracking technology” on two hotel websites. Crano v. Sojern, Inc., 2025 WL 2689267 (N.D. Cal. Sept. 19, 2025).…
Quantum Computing: Overview of Drafting Considerations for Quantum-as-a-Service Agreements
Quantum computing is largely in the research and developmental stage, but its commercial use is on the horizon. Due to the high cost and technical complexity of maintaining qubits, companies and individuals likely won’t own quantum computers themselves. Instead, access will mainly come through third-party platforms offering “Quantum-Computing-as-a-Service” (QCaaS) or “Quantum-as-a-Service” (QaaS).
Similar to the…
Brazil Adopts Law Protecting Minors Online
On September 17, 2025, Brazil enacted the Digital Statute of the Child and Adolescent (“Digital ECA”), establishing a pioneering regulatory framework for protecting children (under 12 years of age) and adolescents (between the ages of 12 and 18) online. Brazil’s Congress approved the new law in a matter of just a few days in response…
Navigating California’s New and Emerging AI Employment Regulations
The California Civil Rights Council and the California Privacy Protection Agency have recently passed regulations that impose requirements on employers who use “automated-decision systems” or “automated decisionmaking technology,” respectively, in employment decisions or certain HR processes. On the legislative side, the California Legislature passed SB 7, which would impose additional obligations on employers who…
Commerce Department and U.S. Patent and Trademark Office Exploring a Patent Tax and Patent Fee Changes
The Trump Administration is considering multiple proposals to raise revenue from patent holders, including direct assessments on patent holders, changes to the existing patent fee schedule, and potentially a new mechanism for sharing profits from university-owned patents obtained through federal research funds.
Patent Tax
First, Commerce Secretary Howard Lutnick is reportedly considering assessing a charge…
E-Verify and the False Claims Act: An Emerging Tool in Immigration Enforcement
On September 18, 2025, the Department of Justice (“DOJ”) announced a civil False Claims Act (“FCA”) settlement against a New Jersey shipbuilder to resolve allegations that it improperly employed unauthorized workers to work on Navy ships. The settlement, which exceeded $4 million, is the second this year involving government contractors alleged to have employed…
Germany enacts Standard Contractual Clauses for pharmaceutical clinical trial agreements – Changes for medical device studies also on the horizon
Germany has taken another step to improve the conditions for pharmaceutical research & development in Germany. Now, the Federal Government has adopted the “Standard Contractual Clauses” for pharmaceutical clinical trial agreements. In this blog, we discuss what the new standard clauses cover and how they will affect clinical trials in Germany.
I. Background
In…
Five Key Points on FDI Screening in the EU Defence Sector
The war in Ukraine, and other recent geopolitical conflicts, has underscored the need for EU-based defence capabilities to scale up to face these challenges. Several EU initiatives which have sought to stimulate investment are starting to bear fruit, as the European Defence Agency recently reported record high defence spendings in the EU (€350bn for 2024, a…
First Order Issued under the Federal Acquisition Supply Chain Security Act, Triggering Immediate Requirements on Contractors
On September 15, 2025, the Office of the Director of National Intelligence (“ODNI”) issued the first public exclusion and removal order (the “Order”) under the framework established by the Federal Acquisition Supply Chain Security Act of 2018 (“FASCSA”). The Order applies to all products and services produced or provided by Acronis AG as well as…