Last December, we previewed the significant cost accounting and pricing data disclosure changes contained in the Fiscal Year 2026 National Defense Authorization Act (“NDAA”), including Section 1804(c)’s increase to the threshold governing the Truthful Cost or Pricing Data Statute (formerly the Truth in Negotiations Act, and still commonly called “TINA”). That change is no longer on the horizon: it is here. The FY 2026 NDAA was signed into law on December 18, 2025, and the higher TINA threshold has taken effect for contracts entered into after June 30, 2026. This post focuses on what that means, in practical terms, for prime contractors and subcontractors.
Defense Department Publishes Guidance Page Concerning Restrictions on Defense Contractors Retaining Outside Consultants
Over the last month, we have issued multiple client alerts outlining developments related to the Chinese military company covered lobbyist prohibition enacted by Section 851 of the National Defense Authorization Act (“NDAA”) for Fiscal Year (“FY”) 2025, codified at 10 U.S.C. § 4663. This is a follow-up to those prior alerts to address…
Third Circuit Raises the Bar for Proving Causation Through Statistical Evidence in RICO Pharmaceutical Fraud Class Actions
The Third Circuit recently vacated and remanded a district court’s decision granting class certification for a class of third-party payors (“TPPs”) pursuing Racketeer Influenced and Corrupt Organizations Act (“RICO”) claims against GlaxoSmithKline LLC (“GSK”). See In re Avandia Mktg., Sales Pracs. & Prod. Liab. Litig., 2026 WL 2093904 (3d Cir. July 21, 2026). The TPPs’ claims are based on GSK allegedly misrepresenting Avandia’s cardiovascular risks and benefits.
The central issue on appeal was whether the class of TPPs satisfied Rule 23’s requirements for class certification.
No Misfire, No Case: Eighth Circuit Decertifies Gun-Defect Class Action Over Standing
Owning a product that might malfunction isn’t enough for Article III standing—the defect must actually manifest. That’s the message from Glasscock v. Sig Sauer, Inc., __ F.4th __, 2026 WL 2054200 (8th Cir. July 16, 2026), where the Eighth Circuit vacated class certification and dismissed the case after the named plaintiff admitted his firearm had never malfunctioned.
Department of Energy Selects 278 Genesis Mission Projects
As we covered in our previous blog post, the Department of Energy (“DOE”) has launched the “Genesis Mission” to apply AI technology to a wide variety of scientific and technological challenges.
Last week, DOE announced it had selected 278 Genesis Mission projects for potential awards. The selected projects span nuclear energy, quantum computing, advanced manufacturing, and materials science, among other areas. According to DOE, the largest selection is a three-year, $60 million nuclear energy project involving 32 partner entities, including 4 national labs and more than 20 industry partners.
What does the GKV-BStabG Reform Change for Pharma Pricing & Reimbursement in Germany? And the Reforms Are Not Over: What to Expect From the New German Minister of Health and the Pharma Dialogue?
Tomorrow, on 30 July 2026, the “GKV-Beitragssatzstabilisierungsgesetz” (GKV-BStabG) will enter into force, marking the culmination of a fast-paced and politically contentious legislative process. The reform, which has attracted significant attention, introduces a broad package of cost-containment measures across the statutory health insurance (GKV) system. Several of these specifically target pharmaceutical spending and reimbursement and are…
California Legislature Advances Bill Targeting Wave of CIPA Pen Register Lawsuits
On July 1, 2026, a California legislative committee advanced amendments to SB 690 that would eliminate private suits asserting website-based “pen register” claims under the California Invasion of Privacy Act (“CIPA”), leaving enforcement exclusively to the California Attorney General. The amendments come amid a surge of lawsuits and demand letters challenging the use of website technologies under the pen register provision, which the committee described as a “poster child for abusive lawsuits.” According to the committee analysis, “[b]ecause the potential liability can be staggering,” businesses often settle quickly, thereby “encouraging vexatious litigants to continue blasting out demand letters.”
FCC Approves Massive Modernization of Satellite Licensing Regime
On July 22, 2026, the Federal Communications Commission (the “FCC”) voted to approve a Report and Order (the “Order”) and Further Notice of Proposed Rulemaking (the “FNPRM”) that will rework and modernize the FCC’s satellite licensing regime. Stating that “[a]chieving American space superiority is critical to our nation’s future,” the Order streamlines the FCC’s satellite…
UK online safety update: Ofcom’s Category 1 proposals and DSIT’s latest response to “Growing Up in an Online World”
On 10 July 2026, Ofcom published a package of draft materials as part of the third phase of its implementation of the Online Safety Act (the “Act”). While the Act already imposes baseline duties to tackle illegal content and to protect children (where a service is likely to be accessed by them) on all regulated user-to-user and search services, the 10 July package provides a set of additional duties targeted at the UK’s largest and most widely used online services.
The package is comprised of three connected strands:
- The Register of Categorised Services. Ofcom published its long-awaited register, formally designating services across Category 1, Category 2A, and Category 2B, together with a list of “emerging” Category 1 services.
- Consultation: Draft Fraudulent Advertising Codes of Practice (Category 1 and 2A): The draft codes of practice set proposed measures for how the largest user-to-user and search services should tackle paid-for fraudulent advertising.
- Consultation: Draft Additional Duties Code of Practice and Guidance (Category 1 only): The draft codes of practice and associated guidance address user empowerment and identity verification, protections for certain public-interest content, terms of service, complaints, and freedom-of-expression and privacy assessments.
This post focuses on the third strand—the additional duties for Category 1 services.
FCC Simplifies Broadband Consumer Label Requirements
On July 22, the Federal Communications Commission (the “FCC”) approved a Report and Order (the “Order”) to simplify the requirements for the broadband consumer label (the “Label”) that all ISPs have been required to provider to consumers since 2024. The Order is meant to “refocus the rules on ensuring that consumers have the clear, accurate,…