In what appears to be the first case to consider the issue, an Eastern District of Missouri court recently rejected the argument that the Supreme Court’s Loper Bright Enterprises v. Raimondo decision overruling Chevron deference undermines the basis for express preemption in medical device cases.

On July 30, President Trump’s Working Group on Digital Assets released its comprehensive “Strengthening American Leadership in Digital Financial Technology” report (the Report). The 160-plus-page report sets forth a series of recommendations seeking to “ensure crypto becomes a hallmark of the new American Golden Age” while outlining a proposed framework for regulating digital assets. A key section of the Report focuses on the taxation of digital assets and sets forth proposals on the modernization of the tax framework to better align with the realities of the digital asset ecosystem. The proposals address a range of substantive tax issues, including the classification of digital assets for tax purposes, the timing and character of income from mining and staking activities, and the tax treatment of stablecoins, and also recommends updates to taxpayer and third-party reporting requirements.

DOJ False Claims Act (FCA) settlements related to cybersecurity typically have focused on false representations by a government contractor of its compliance with cybersecurity requirements. A recently announced settlement shows that private equity owners are not immune from potential FCA liability.