The FTC has used an enforcement action against pharmacy benefit manager Express Scripts to help implement the Trump administration’s TrumpRx program to lower drug costs. Whether this—and promises to drug makers to reduce tariffs for lower drug costs—is a formula for long-term success remains to be seen.

In some bankruptcy cases, the heightened transparency, fiduciary-driven investigations, and centralized records expose pre-petition conduct to heightened scrutiny. While alleged misconduct creates uncertainty in a system that relies on set timelines and goals, practices can anticipate some near certainties as strategic financial recalibration intersects with criminal enforcement.

A recent Delaware Chancery Court opinion took aim at toxic corporate culture, potentially encouraging internal company reform and expanding the universe of Caremark litigation.

As the SEC becomes less likely to pursue AI-washing claims, enforcement will primarily be through the market, and the temptation to sue the activist shorts is strong; however, these suits are rarely successful.

The Eighth Circuit’s stay ruling in Tincher v. Noem makes several statements about injunctive relief and class certification that highlight rocky developments since the Supreme Court barred most nationwide injunctions in Trump v CASA. Increasingly, appellate stays of district court injunctions shape the lives of litigants for the long haul.

Unions initiated 222 strikes in 2025, a four-year low that establishes a decidedly downward trend, according to a new Bloomberg Law data report.