Covington & Burling LLP

In this week's Inside Class Actions round-up: > District Court Requires Specific Testing Allegations in Dismissing PFAS Class Action: https://okt.to/yAStdJ > Post-Cantero, First Circuit Sets Demanding National Bank Act Preemption Test: https://okt.to/yZVKTA > Federal Court Fries Data Breach Class Action for Lack of Standing: https://okt.to/nXDeWI > California Court Dismisses Hotel Website Wiretapping Suit Based on “In Transit” Requirement: https://okt.to/jWm2TR > Illinois Court Narrows Lawsuit Over Medical Center’s Use of Pixel Technology and Strikes Class Claims: https://okt.to/ad7AGx > SEC Changes Policy on Issuer-Investor Arbitration Provisions With Important Implications for Securities Class Actions: https://okt.to/eZPqNg > Standing in the Dark: Fourth Circuit Finds Standing for Driver’s License Information on the Dark Web: https://okt.to/hMrizE > Ninth Circuit Affirms Dismissal of Supplement Marketing Claims as Impliedly Preempted: https://okt.to/WmYQVX > Valuation and Standing—The Sixth Circuit Creates a Class Action Split: https://okt.to/WGVmlZ And more: https://okt.to/l5nDWu

We would like to welcome Joanne Fay, former Special Counsel in the Office of Chief Counsel at the Internal Revenue Service, who has joined our Tax Practice in Washington. Read more: https://okt.to/L5nrI3

Two cornerstone authorities for federal contracting, the Small Business Innovation Research/Small Business Technology Transfer programs, and the Defense Production Act, quietly expired on September 30, 2025, creating ripple effects that contractors—small and large—cannot afford to overlook. Read more: https://okt.to/cR7qSU

Congratulations to Covington partner Benjamin Razi, who has been named a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. Ben is the tenth Covington lawyer among the current fellows. Read more: https://okt.to/tY2spq

Investigations into alleged violations of cybersecurity requirements under the federal civil False Claims Act and its state analogues are increasingly an area of focus for the U.S. Department of Justice, state attorneys general and whistleblowers. In this article published by Nextgov/FCW, Covington & Burling LLP lawyers discuss the implications: https://okt.to/lU9Hnv

We would like to welcome Elizabeth Witwer, Former Armed Services Board of Contract Appeals Administrative Judge, who has joined Covington’s Government Contracts practice in Washington. Find out more: https://okt.to/etDZ2l

Join our webinar on October 28, to learn about key trends and recent developments in U.S. export controls and sanctions policy, coupled with perspectives on related congressional priorities. Find out more and register here: https://okt.to/fsa72U

The FCC declared October 2025 as ‘Space Month.’ Gerry Waldron and Kiara Ortiz discuss two proposals aimed at modernizing the agency’s regulatory framework for space innovation: https://okt.to/MGsz0T

The U.S. Food and Drug Administration has issued a Request for Public Comment seeking input on “practical approaches to measuring and evaluating the performance of AI-enabled medical devices in the real-world,” including strategies for detecting, assessing, and mitigating performance changes over time. Here's what stakeholders should know: https://okt.to/eo0XNA

California Governor Gavin Newsom has signed the Transparency in Frontier Artificial Intelligence Act, establishing public safety regulations for developers of “frontier models,” or large foundation AI models trained using massive amounts of computing power. TFAIA is the first frontier model safety legislation in the country to become law. We discuss the key details: https://okt.to/9fbRq8