All Perspectives

In Brinkley v. Meenta, Inc., et al., the Suffolk County Superior Court granted summary judgment for the defendants on a former employee’s Massachusetts Wage Act claims, holding that her compensation, calculated as a percentage of the company’s overall quarterly revenue, was not a commission protected by the Act.

In an effort to provide registrants with clearer guidance on the examination process, the Division of Examinations of the US Securities and Exchange Commission (SEC) released The SEC Exam Handbook: A Practical Guide on Process and Engagement, which replaces and expands upon the Division’s prior examination brochure published in 2023.

Government Relations Co-Chair Phil English was quoted in a recent article discussing the prospects for congressional efforts to rein in executive tariff actions next year.

On October 21, Australia’s Industrial Chemicals Introduction Scheme (AICIS) released a draft evaluation of per- and polyfluoroalkyl substance (PFAS) introduction and use in Australia and opened a public consultation that may shape future PFAS reporting and risk management requirements.

In Louann Gray, et al. v. Volato, Inc., et al., the US District Court for the Middle District of Florida granted summary judgment in favor of a private aviation company that terminated more than 200 employees without providing the 60-day notice required by the Worker Adjustment and Retraining Notification Act (WARN Act).

ArentFox Schiff is pleased to announce that Partner and Deputy General Counsel Paula Ketcham and the firm will receive the Partner in Justice Award from Lawndale Christian Legal Center (LCLC) at its 16th Annual Gala, A Justice Innovation Celebration, on October 29. Paula Ketcham accepted the recognition on behalf of the firm and her current and former colleagues.

International Trade & Investment Special Legal Consultant, Ucheora Onwuamaegbu, and Partner and AI & Emerging Technologies Industry Group Co-Leader, Michael Scarpati, Ph.D., will participate in Quantum Computing: The Next Frontier in International Arbitration during Washington Arbitration Week on October 30 in Washington, DC. Uche will moderate the discussion, which will bring together legal, academic, and industry leaders to examine how advances in quantum computing may transform international arbitration and the broader legal landscape.

Partner and Family Office Industry Group Co-Leader Kevin Matz and Partner Sarah Kerr Severson recently were quoted in a CNBC article discussing the “Lender” model, a tax strategy that may allow qualifying family offices operating as a trade or business to deduct investment expenses.

On September 30, the US Securities and Exchange Commission (SEC) proposed two sets of rule amendments designed to expand individual (retail) investor access to private market strategies through registered funds and business development companies (BDCs; collectively, regulated funds).

In Thomson Reuters Enter. Ctr. GmbH v. ROSS Intel. Inc., the US Court of Appeals for the Third Circuit issued one of the first federal appellate decisions to address fair use in the artificial intelligence (AI) training context. No. 25-2153, 2026 WL 2932557 (3d Cir. Sept. 29, 2026).

Partner and Executive Committee Member M. Scott Peeler was quoted in a recent article discussing the AFS Fellows Program, a three-year leadership development program that has given more than 100 ArentFox Schiff attorneys opportunities to develop leadership skills, deepen their understanding of themselves and group dynamics, and contribute to initiatives that strengthen the firm.

Partner Adam Littman will join fellow legal professionals as a panelist for “The Law of Technology” at Suffolk University Law School in Boston, Massachusetts on November 4, 2026.

In a previous alert, we noted that 2027 will bring important changes to the US state privacy landscape.

In Daikin Applied Americas Inc. v. Russo, et al., the Massachusetts Supreme Judicial Court (SJC) affirmed the denial of a preliminary injunction that would have barred two former employees and their new company from soliciting 75 of their former employer’s customers for one year.

On October 28, 2026, members of ArentFox Schiff’s International Trade & Investments and False Claims Act Investigations & Litigation practices, including Jackson D. Toof, Nadia Patel, Mario Torrico, and Rebekkah Stoeckler, will lead a webinar examining the US Department of Justice’s and Department of Homeland Security’s expanding enforcement efforts targeting customs and trade fraud under the False Claims Act through their joint Trade Fraud Task Force (TFTF) and the newly established Global Trade and Commerce Enforcement Section (GTCES).

Partner J. Michael Showalter was quoted examining provisions in the Bipartisan American Affordability and Jobs Act of 2026 that would send certain challenges to federal permitting decisions directly to federal appeals courts.

Pencils down, the US Securities and Exchange Commission (SEC) Division of Examinations has once again previewed (some of) the test.

As Virginia moves toward the opening of its regulated adult-use cannabis market, a federal grand jury in the Eastern District of Virginia has returned a marijuana-related indictment against Virginia power-broker, State Senator L. Louise Lucas and six co-defendants.

The Second Circuit has joined the Fifth Circuit in holding that health care providers have no private right of action to enforce independent dispute resolution (IDR) awards under the No Surprises Act (NSA).

Building owners should not have to treat functioning, federally compliant equipment as obsolete simply because a state or city adopts a building-wide energy target.

Welcome to the October 2026 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

Headlines that Matter for Companies and Executives in Regulated Industries

International Trade & Investment Counsel, Matt Nolan, will speak at the Steel Networking Summit 2026 in Istanbul, Türkiye, on October 26, 2026. Matt will participate in the session, “Transatlantic Steel Outlook: Navigating Trade, Policies and the Growth Process.”

ArentFox Schiff represented CSB Theatres, Inc., in its $12 million acquisition of the historic Somerville Theatre building at 55 Davis Square in Somerville, Massachusetts. The transaction gives the theatre’s current operators ownership of the 112-year-old building that has been home to the Somerville Theatre since 1914.

AFS Partner and Deputy General Counsel Paula Ketcham will take part in a panel discussion at the ACIC 2026 Fall Annual Meeting and Education Conference.