SparkPoint: Legal Strategy for Operators

Bradley Heppner's criminal trial began yesterday in the Southern District of New York. The AI privilege ruling that came out of his case in February is the most consequential generative-AI legal development of the year.

USTR launched two sweeping Section 301 investigations covering 21 sectors across 16 economies plus a forced labor probe spanning 60 countries. Comments due April 15, 2026.

The FTC just filed against Match and OkCupid for sharing 3 million user photos with a facial recognition company. The deception lasted 12 years.

The USPTO now weighs where you manufacture when deciding whether competitors can challenge your patents. If your supply chain runs through Asia, your IP just got harder to defend.

Colorado's AI Act lasted one month. On February 1, the state's sweeping algorithmic discrimination law took effect, requiring risk assessments,...

On March 11, hackers linked to Iran's intelligence services stole a single administrator password at Stryker Corporation, the $25 billion medical device...

The DFPI suspended the FIPVCC two weeks before the April 1 deadline. The law is still on the books, and the rulemaking that follows could be harder to work around.

The HFIA Act eliminates a decades-old FPI exemption. Starting March 18, foreign directors and officers must file Forms 3, 4, and 5 on EDGAR.

Deepfake fraud losses hit $1.1B in 2025. One company lost $25.6M from a single AI-generated video call. Here's the 6-point verification protocol every company needs.

In 18 months, the SEC escalated from $400K fines to parallel criminal prosecutions for AI misrepresentation. Here's where the line is.

NIST's updated CSF Manufacturing Profile gives manufacturers a concrete roadmap for board-level cyber governance, supply chain risk, and OT protection.

On March 11, the FTC will issue a policy statement explaining when state laws that require AI systems to mitigate bias are preempted by federal consumer...

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If your company is building or deploying AI agents, the ones that book meetings, trigger API calls, write code, or make purchasing decisions without a...

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The Supreme Court ruled 6-3 that IEEPA tariffs are illegal. $130 billion in refunds at stake. Section 232 and 301 tariffs survive. What importers need to do this week.

EPA rescinded the 2009 GHG Endangerment Finding, but methane rules for oil and gas remain enforceable. State regulators, EU import requirements, and tort liability create new risks.

A federal court struck down the FTC's expanded HSR merger disclosure form on February 12. The old form, used for 46 years, goes back into effect as early as February 20.

The White House says this saves manufacturers and consumers $1.3 trillion through 2055, with per-vehicle costs dropping roughly $2,400. If you run a...

A new FCRA lawsuit against Eightfold AI, a collective action against Workday, and two state laws now in effect are creating real liability for any company using AI in hiring.

CISA announced town halls to finalize the biggest federal cybersecurity mandate in a decade. If you exceed SBA size thresholds in a critical infrastructure sector, mandatory 72-hour incident reporting is coming.

DOE cancelled $83.6B in clean energy loans and $7.5B in grants ruled unconstitutional. Companies are moving factories overseas. What proactive legal counsel catches before federal funding disappears.

Section 201 solar tariffs expired February 6 after eight years. Four overlapping tariff programs replaced them, with combined rates exceeding 300%. Country-by-country breakdown and seven actions for procurement teams.

IRS final regulations dramatically narrow the 1% stock buyback excise tax. LBOs, reorganizations, and preferred stock excluded. Companies that overpaid under prior guidance can file refund claims now.

The largest private merger in history may have skipped federal review. What the SpaceX-xAI deal teaches founders about HSR exemptions, triangular mergers, and fiduciary risk.

The FTC sent warning letters to 13 data brokers under PADFAA. If your tech company shares user data it didn't collect directly, you could be a data broker under federal law. Fines start at $53,088.

CISA's Binding Operational Directive 26-02 orders federal agencies to remove unsupported edge devices exploited by Chinese and Russian hackers. Private companies face the same risk.

IEEPA tariffs face Supreme Court review. Importers may recover billions in refunds, but liquidation deadlines start Feb 13. File now to preserve your claim.

Five federal judges blocked BOEM's offshore wind stop-work orders in three weeks. The Sunrise Wind ruling completes a clean sweep that reshapes how courts handle agency reversals backed by classified national security claims.

Three senators are demanding the FTC and DOJ crack down on AI acquihires. If you're buying or selling AI talent through licensing-plus-hiring deals, the rules just changed.

The FTC just raised HSR filing fees to $2.46 million for the largest deals. But if you file before February 17, you pay the old rates. Here's how the timing rules work and what it means for your next transaction.

Senator Cotton's bill would let data centers bypass FERC entirely by building off-grid power. The federal exemption is real. The state-level complications are where this gets interesting.

DOJ created an AI Litigation Task Force to sue states over AI laws. With California, Texas, and Illinois laws already in effect, here's how to handle the federal-state showdown.

Section 232 tariff hits NVIDIA H200, AMD MI325X chips. US data centers are exempt. Here's how the exemptions work and what compliance requires.

Fifth Circuit rejects IRS 'passive investor' test in Sirius Solutions. Limited partners in TX, LA, MS can file refund claims. Here's who benefits and what to do now.

USPTO's proposed 'one-and-done' rule would make patents that survive any initial challenge virtually immune from further review. Here's what it means for your patent defense strategy.

The government is taking 8-16% ownership in USA Rare Earth under a novel CHIPS Act interpretation. Senator Todd Young says it wasn't authorized. Here's what companies need to know.

BIS shifted to case-by-case review for H200/MI325X exports to China. Six certifications required. Here's what compliance actually takes.

Trump threatened 100% tariffs on all Canadian goods over a China trade deal. With $784B in annual trade at stake, here's what businesses need to know about legal authority, supply chain impact, and next steps.

H.R. 3383 combines over 20 capital formation measures: bigger VC fund limits, demo day safe harbors, and new pathways to accredited investor status. Here's what founders and fund managers need to know.

FERC is considering blanket authorization for LNG facilities for the first time in 44 years. The comment deadline is January 26, 2026. Here's what operators need to know.

The FTC finalized its order against GM and OnStar, calling it an 'egregious betrayal.' If your product collects location data, this 20-year consent framework is your new compliance baseline.

David Stern resigned from CISA's Pre-Ransomware Notification Initiative. With a 40% vacancy rate at the agency, companies can no longer rely on government early warnings. Here's how to protect yourself.

Trump greenlit the Russia Sanctioning Act with 84 Senate cosponsors. A 500% tariff on China and India imports could hit in 15 days. Here's how to assess your exposure.

Only 38% of clean energy firms are fully prepared for 2026 FEOC rules. Here's what you need to know about the 40% solar threshold, 15% debt restriction, and 10-year recapture risk.

The USPTO rescinded Biden-era guidance that applied joint inventorship tests to solo inventors using AI. The new rules treat AI like any other lab tool. Here's what that means for your patent strategy.

Three companies have been fined a combined $164,000 in the last two months for failing to register as data brokers. S&P Global got hit for $62,600 due to an administrative error. If a Fortune 500 company can miss this, so can you.

Two federal judges have now ruled against the Trump administration's offshore wind suspension orders. A third hearing happens tomorrow. Here's why the 'arbitrary and capricious' standard is working, and what it means for your projects.

The FTC just reversed its Rytr enforcement order while 42 state attorneys general demand AI safety measures by January 16. Here's how to build a compliance program that works under both regimes.

Wind and solar projects that don't begin construction by July 4, 2026, lose years of development runway. Add new FEOC restrictions, and clean energy developers face a compliance crunch with less than six months to act.

The Cybersecurity Information Sharing Act of 2015 expires January 30, 2026. If your company shares threat intelligence with ISACs or participates in government programs, you have 21 days to figure out your legal exposure.

The DOJ's AI Litigation Task Force launches January 10 to challenge state AI laws. But those laws are already enforceable. Here's how to build a compliance program that works under both outcomes.

Three offshore wind developers have filed federal lawsuits challenging BOEM's authority to suspend their leases. The January 16 hearing will shape risk calculus for every infrastructure project touching federal land.

The federal government approved more drilling permits in 2025 than in any year over the past 15 years. Here's what operators need to know about the 28-day emergency permitting process, EPA methane delays, and tariff risks.

PJM's market monitor filed for a data center connection moratorium. Grid capacity prices jumped 10x. Here's what developers need to know about power access, state regulations, tax incentives, and water constraints.

Tomorrow, a wave of new regulations takes effect. California's AI rules. Three new state privacy laws. Major tax code changes. Here's your roadmap to get ahead while competitors figure out what hit them.

The FTC fined Cleo AI $17 million. Insurers are adding AI exclusions to liability policies. Here's how to build a defensible AI governance program before your next board meeting.

FERC just rewrote the rules for how data centers connect to power plants. If you're operating in PJM territory, you have until January 20, 2026 to understand what changed.

The One Big Beautiful Bill Act changed which business structures make the most sense. Here's how to optimize your entity selection, capital investments, and exit planning under the new rules.

The IRS doesn't care when you signed the contract. It cares when installation is completed. Here's what clean energy businesses need to know about the IRA tax credit sunset.

The White House just threw a wrench into every multi-state AI compliance program. Here's what enterprises need to know about the December 11 executive order.