On December 19, 2025, New York Governor Kathy Hochul signed into law the “Trapped at Work Act” (the “Act”) (N.Y. Lab. Law §§ 1050–55) to prohibit certain types of so-called “stay-or-pay” agreements that require an employee to repay an employer for certain expenses or compensation if the employee terminates employment within a certain
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Covington’s Guide to Ballot Measures
More than one billion dollars were spent in 2024 elections supporting or opposing state and local ballot measures. With high-profile and contentious issues expected to be on the ballot, such as congressional redistricting, AI regulation, minimum wage increases, and more, that number promises to be even larger in 2026. As state legislatures become more polarized…
The Trump Administration’s Enhanced Use of Executive Orders
By Paul Ray
Companies find themselves in the most dynamic regulatory environment in recent memory. That is due in part to changes President Trump has made to the way the White House interacts with the agencies. By dramatically increasing the number, tempo, and detail of executive orders, Trump has strengthened presidential control of the executive branch. The White…
New Sanctions Authorities in the FY 2026 NDAA
After passing the House the preceding week, the National Defense Authorization Act for Fiscal Year 2026 (FY 2026 NDAA) passed the Senate on December 17 by a vote of 77-20 and was signed into law by President Trump the following day. As is frequently the case, this annual “must pass” defense policy bill includes a…
RESourceEU Action Plan – Strengthening the EU’s Access to Critical Raw Materials
On 3 December 2025, the European Commission adopted the RESourceEU Action Plan, signaling that Europe’s industrial competitiveness will increasingly depend on its ability to secure and diversify critical raw material (“CRM”) supply chains. For companies, inside and outside the EU, RESourceEU is more than a technical update: it marks a policy shift toward a…
Strengthening EU Economic Security – More of the Same or a New Approach?
On 3 December 2025, the European Commission unveiled the next phase of its economic security agenda. Building on the 2023 Economic Security Strategy and the 2024 European Economic Security Package (see our prior blog), the new communication sets out a more assertive and coordinated approach to managing risks linked to trade, investment, technology and…
New UK Employment Rights Bill
The Employment Rights Bill (“ERB”), first introduced in October 2024 as part of the new Labour government’s “Make Work Pay” initiative (see our previous article on this here), is edging closer to becoming law. Once passed, the ERB will implement radical changes affecting all UK employers for many years to come.
Initially expected to pass…
EEOC Releases New Technical Assistance: “Discrimination Against American Workers Is Against The Law”
On November 19, 2025, the Equal Employment Opportunity Commission (“EEOC”) released a technical assistance document, “Discrimination Against American Workers Is Against The Law,” and updated its landing page on national origin discrimination. This development reflects EEOC Chair Lucas’s focus on national origin discrimination and Anti-American bias and follows comments she made in January…
Dealing with an Extra Digit: Latest Developments in Excess Liability Insurance Coverage and “Bermuda Form” Arbitrations for Catastrophic Exposures
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…
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…