If you are the general counsel of a Fortune 500 company, you might be excused if you express bewilderment in response to reports about the successes of U.S. “tort reform.” In the past 5-8 years, both the plaintiffs’ bar and governmental authorities seem to have added an extra digit to many mass tort and product
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Senator Marshall Proposes an Overhaul of the GRAS Framework
On November 6, U.S. Senator Roger Marshall (R-KS), a member of the Senate Health, Education, Labor, and Pensions (HELP) Committee and MAHA Caucus, introduced the highly anticipated “Better Food Disclosure Act” (the “Better FDA Act”). The bill aims to close the so-called “GRAS loophole.” Although the bill, which was developed with input from industry stakeholders…
Ninth Circuit Invalidates USDA’s Exemption for Highly Refined Foods Under the National Bioengineered Food Disclosure Standard
On October 31, 2025, the Ninth Circuit struck down certain parts of USDA’s National Bioengineered Food Disclosure Standard, including the exemption for highly refined foods in which modified genetic material is undetectable. The decision remands the invalidated portions of the regulations to USDA for revision and could result in a significant expansion in the range…
Senate Foreign Relations Committee Action on Russia and China-related Legislation
The government is officially closed, and the House of Representatives is in an extended recess, but the Senate keeps working.
On Wednesday October 22, the Senate Foreign Relations Committee held a business meeting to consider 19 bills and approve two nominations (Joel Rayburn to be Assistant Secretary of State for Near Eastern Affairs and Andrew…
Don’t Count on Immediate IEEPA Refunds: What President Trump Might Do If SCOTUS Throws Out IEEPA Tariffs
On November 5, 2025, the U.S. Supreme Court is set to hear the Trump Administration’s appeal of lower court decisions holding the imposition of certain tariffs under the International Emergency Economic Powers Act (“IEEPA”) unlawful. If the Supreme Court rules that IEEPA does not authorize tariffs, the government would no longer have authority to collect…
Commerce Department Solicits Feedback on AI Exports Program
The Commerce Department today published a Request for Information (RFI) inviting the public to submit comments on U.S. artificial intelligence exports. The RFI asks stakeholders to weigh in on aspects of the Department’s new “American AI Exports Program,” an initiative intended to “promot[e] the export of full-stack American AI technology packages.”
The RFI follows from…
U.S. and UK Sanctions Target Russia’s Two Largest Oil Companies; EU Issues Significant New Russia and Belarus Sanctions Package
On October 22, 2025, the U.S. government imposed property-blocking sanctions on Russia’s two largest oil companies, Open Joint Stock Company Rosneft Oil Company (“Rosneft”) and Lukoil OAO (“Lukoil”), by designating these entities, as well as 34 Russia-based Rosneft and Lukoil subsidiaries, to the List of Specially Designated Nationals and Blocked Persons (“SDN List”) maintained by…
State Greenhouse Gas Reporting Programs: New York’s Proposed Mandatory Reporting Program and California’s Existing Program
While the Environmental Protection Agency (“EPA”) is proposing to amend the federal Greenhouse Gas Reporting Program (“GHGRP”) to remove reporting requirements for nearly all sources, it remains important for companies to track developments and manage their compliance obligations with existing and emerging state GHG reporting programs. Several states, such as California, already have some form…
Made in America: The Outlook for Critical Minerals
By Gabe Neville
There is broad consensus among Western policymakers that China’s near monopoly on critical minerals represents an urgent strategic vulnerability for the United States and its allies. China processes over 90 percent of the world’s rare earth elements (REE), a subset of critical minerals, raising concerns that it will use its dominance to advance geopolitical goals.…
Reimposition of UN-Mandated Sanctions Against Iran and Additional EU and UK Sanctions
On 29 September 2025, United Nations (“UN”) nuclear-related sanctions against Iran, which were suspended in 2015, were reimposed following action at the UN Security Council by France, Germany, and the United Kingdom. In parallel, the European Union (“EU”) and United Kingdom (“UK”) also reintroduced autonomous sanctions measures against Iran that were eased in 2015.
This…