Journal

Notes.

Brief, time-sensitive commentary on the developments that warrant a short, well-sourced note.

Note · August 11, 2026

SEC and CFTC Rescind 'No-Deny' Settlement Provisions and Update Cooperation Guidance: What Clients Should Know

In a significant recalibration of federal enforcement policy, the Securities and Exchange Commission and the Commodity Futures Trading Commission have formally rescinded their…

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Note · August 11, 2026

Treasury and IRS Preview Saver's Match Regulations in Notice 2026-48 Ahead of 2027 Launch

On August 7, 2026, the Department of the Treasury and the Internal Revenue Service issued Notice 2026-48, announcing their intent to propose regulations governing the federal…

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Note · August 11, 2026

D.C. Circuit Affirms Injunction Halting White House Ballroom Project, Reaffirming Limits on Executive Authority

In a significant separation-of-powers decision issued in August 2026, a divided panel of the U.S. Court of Appeals for the D.C. Circuit upheld a preliminary injunction blocking…

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Note · August 11, 2026

Federal Circuit Ends Presumption of Irreparable Harm in Patent Preliminary Injunctions

On August 4, 2026, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion holding that there is no presumption of irreparable harm on preliminary…

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Note · August 9, 2026

August 2026 Regulatory Oversight Update: Key Federal and State Enforcement Trends Impacting Regulated Businesses

Federal and state regulators are maintaining an active enforcement posture across the consumer financial services sector, and recent developments underscore the evolving…

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Note · August 9, 2026

SEC Sharpens Focus on Insider Trading Under Chairman Atkins' 'Back to Basics' Enforcement Agenda

The Securities and Exchange Commission has signaled a decisive shift in its enforcement priorities under Chairman Atkins, publicly repositioning the agency's agenda around core…

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Note · August 9, 2026

TAKE IT DOWN Act Now Enforceable: FTC Signals Aggressive Oversight of 48-Hour Removal Mandate

The civil provisions of the TAKE IT DOWN Act became enforceable on May 19, 2026, ushering in a new federal compliance regime for covered online platforms. Under the Federal Trade…

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Note · August 9, 2026

Colorado AI Act Overhauled: Effective Date Delayed to January 1, 2027, and Key Deployer Obligations Removed

On May 14, 2026, Colorado Governor Jared Polis signed SB 189, materially revising the Colorado Artificial Intelligence Act and postponing its effective date from June 30, 2026 to…

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Note · August 9, 2026

Federal Court Allows TPS Work Authorization to Expire for El Salvador, Ukraine, and Sudan Beneficiaries

A federal district court has cleared the way for the government to proceed with its planned termination of employment authorization for Temporary Protected Status (TPS)…

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Note · August 8, 2026

EEOC Moves to Rescind EEO-1 Reporting Requirement: Employers Have Until August 24 to Comment

On July 21, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) issued a notice of proposed rulemaking that would rescind the long-standing regulations requiring covered…

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Note · August 8, 2026

Ninth Circuit Rules Users, Not AI Providers, 'Access' Websites Under CFAA When Deploying AI Agents

On August 4, 2026, the U.S. Court of Appeals for the Ninth Circuit vacated a preliminary injunction that had barred Perplexity's AI 'Assistant' agent from accessing Amazon.com on…

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Note · August 7, 2026

SEC Doubles Down on Investment Adviser Conflicts of Interest: What Advisers Need to Know Now

In August 2026, the U.S. Securities and Exchange Commission delivered a coordinated message to the investment adviser community: conflicts of interest, particularly those tied to…

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