Since our mid-year recap on minors’ privacy legislation, several significant developments have emerged in the latter half of 2025. We recap the notable developments below.
Eighth Circuit Ices False Labeling Class Action on Predominance Grounds
An oft-litigated issue in false-advertising class actions is whether a plaintiff can show that each class member relied on the challenged statement when they made their purchasing decision. The Eighth Circuit recently offered an example of how this issue can pose a significant roadblock to class certification in In re Folgers Coffee Marketing, — F.4th
Washington State AI Task Force Releases AI Policy Recommendations for 2026
On December 1, the Washington State AI Task Force (“Task Force”) released its Interim Report with AI policy recommendations to the Governor and legislature. Established by the legislature in 2024, the Task Force is responsible for evaluating current and potential uses of AI in Washington and recommending regulatory and legislative actions to “ensure responsible AI
EU Announces Political Agreement on Pharma Law Review
At just after 5 am on 11 December 2025, the EU Parliament and the Council reached agreement on a new directive and a new regulation that will result in a major update to the EU’s pharmaceutical laws. Progress towards these new rules began in 2016 and are the result of over two years of negotiations
BIOSECURE Act Moves Closer to Enactment with Inclusion in FY 2026 NDAA Text
After failing to be included in the Fiscal Year (“FY”) 2025 National Defense Authorization Act (“NDAA”) or passed as a standalone piece of legislation, the BIOSECURE Act has moved closer to finally being enacted after it was included in the final FY 2026 NDAA text released by Congress on December 7, 2025. Section 851 of
California Climate Disclosure Laws: CARB Draft Regulations Clarify Fees, Deadlines, and Applicability
California regulators tasked with implementing and enforcing the state’s two landmark climate disclosure laws released draft regulatory text on December 9, 2025, providing additional insight on key issues, including initial deadlines for reporting greenhouse gas (“GHG”) emissions and details on how regulators will determine annual fees. The release of the draft regulations is the latest
The European Commission’s New Green Claims Guidance: What Businesses Need to Know
The European Commission has published a detailed Q&A guidance document (the “Guidance”) on the interpretation and application of the Greenwashing Directive’s environmental claims and circular economy rules, which EU Member States will have to enforce from September 27, 2026.
The Greenwashing Directive updates the EU’s consumer protection rules to tackle greenwashing and promote products that are
COFC Reaffirms Domestic Sourcing Regulations as a Viable Basis for Bid Protests
Recently, in Cosette Pharmaceuticals, Inc. v. United States, the Court of Federal Claims sustained a bid protest, finding that the agency misapplied the Trade Agreements Act (“TAA”) during proposal evaluation. That decision is a helpful reminder that the Court can be a hospitable forum for challenging an agency’s application of domestic sourcing regulations.
Corporate and Industry “Mega PACs”: The Next Frontier for Super PACs
Since the landmark Citizens United decision in 2010, super PACs have become a fixture of U.S. political campaigns. But despite the initial anticipated boom in corporate influence in elections, most super PAC funding to date has come from wealthy individuals, closely-held corporations, and nonprofits, not from large for-profit corporations.
However, there is an emerging shift in the
Aggregate Damages Model, List Prices Insufficient to Demonstrate Classwide Antitrust Injury, Says Federal District Court
Last month in In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation, the Southern District of New York denied certification to a proposed class of direct purchasers who alleged that Keurig, a manufacturer of branded coffee pods and brewers, violated antitrust laws by allegedly suppressing competition from generic coffee pod manufacturers. Although the plaintiffs offered