October 2026

As the established world order to which we have become so accustomed since its creation out of the ashes of the Second World War begins to crumble before our eyes, pulled apart by right-wing nativist populism and the inability of the political mainstream to answer the cries for help from those that globalism has left…

On 14 October 2026, the European Commission published its Sixth Annual Report on the screening of foreign direct investments into the European Union (the “Report”), covering developments in 2025.

Key takeaways:

  • Notifications continue to rise, reaching a record 4,773 in 2025. With still over a third found to be out of scope (33% in 2024

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On September 30, 2026, just before the Senate recessed ahead of the midterm elections, leaders of the Senate Environment and Public Works and Energy and Natural Resources Committees introduced the Bipartisan American Affordability and Jobs Act (S. 5653) (“BAAJA” or the “bill”), a comprehensive federal permitting reform proposal.

Reflecting over a year of bipartisan negotiations,…

On October 8, 2026, the FCC released a draft Notice of Proposed Rulemaking (NPRM) aimed at modernizing the FCC’s Supplemental Coverage from Space (SCS) rules and facilitating direct-to-device (D2D) services. The draft has been circulated for consideration at the FCC’s October 29, 2026 Open Meeting and remains subject to change.

The SCS rules, first adopted…

On October 5, 2026, the General Services Administration (GSA) Federal Acquisition Service previewed its plan to issue Multiple Award Schedule (MAS) Refresh 34 in November 2026.  The announcement of Refresh 34 comes just days after the release of Refresh 33, which had previously been delayed to ensure appropriate integration of relevant updates.  Like Refresh…

The Ninth Circuit recently reiterated that plaintiffs seeking class certification cannot show damages are susceptible to common proof by “[m]erely gesturing” at a damages model or “describing a general method” of calculating damages.  That reminder comes from Heagney v. John Paul Mitchell Systems, No. 25-6818, 2026 WL 3017602 (9th Cir. Oct. 7, 2026), where a…

New York State and New York City continue to expand the reach of laws and regulations governing the employment relationship.  Over the past year, the State passed a first-of-its-kind personnel records access law, while the City finalized detailed rules implementing the amended Earned Safe and Sick Time Act and enacted a series of local laws…

State legislatures have passed new laws focused on disclosing the use of AI in advertisements or depictions of individuals. On September 16, California Governor Gavin Newsom signed SB 1050, a new law requiring disclosures when certain advertisements prominently feature a “synthetic performer.”  This was one of several AI-related measures signed by Governor Newsom this…

In the final days of California’s 2026 legislative session, California Governor Gavin Newsom signed a series of privacy legislation spanning consumer privacy rights, data broker activities, digital platform design, and civil remedies for website privacy litigation. Governor Newsom also vetoed a privacy measure that would have imposed broad restrictions on the sale and sharing of…

On October 8, 2026, the FCC released a draft Further Notice of Proposed Rulemaking (FNPRM) proposing to reallocate and auction the 1675–1695 MHz and 2020–2025 MHz bands for flexible commercial use. The draft, which has been circulated for consideration at the FCC’s October 29, 2026 Open Meeting and remains subject to change, proposes rules that…