Womble Perspectives

What does it take to manage a global trademark portfolio when sanctions, geopolitical conflicts, new technology, and even competing trademark offices can change the rules?

In this episode of Womble Perspectives, Kay Newman talks with Womble Bond Dickinson partner Jennifer Van Kirk, co-chair of the International Trademark Association’s Leadership Meeting in Phoenix. Van Kirk gives a behind-the-scenes look at the issues facing senior trademark professionals, including protecting rights in sanctioned countries, navigating complex international requirements, and putting AI to practical use.

The conversation also explores Phoenix’s growing business community, Van Kirk’s long involvement with INTA, and why personal relationships still matter in a profession built around global connections.

More about Jennifer.

A change in congressional leadership can quickly change the investigative landscape for businesses, even when a company isn’t accused of wrongdoing. In this episode of Womble Perspectives, Lee Van Voorhis is joined by Kristina Moore, who has 25 years of experience in congressional investigations, including 14 on Capitol Hill. They explore what the 2026 midterms could mean for congressional oversight, which issues and industries may attract attention, and how companies can prepare before an inquiry or subpoena arrives.

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• More about Kristina

The Modernization of Cosmetics Regulation Act of 2022, commonly known as MoCRA, represents the most significant expansion of FDA authority over cosmetics since 1938. For cosmetics companies, the law brings facility registration, product listing, safety substantiation, serious adverse event reporting, and stronger FDA enforcement tools into sharper focus. 

In this episode, we examine how those requirements affect day-to-day operations, from maintaining accurate ingredient and supply-chain information to evaluating consumer complaints and organizing safety records. We also look ahead to FDA’s development of good manufacturing practice requirements and discuss why companies may want to assess their quality systems now. 

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About the Author

• Jennifer German

The Third Circuit’s decision in Thomson Reuters v. ROSS provides an important appellate ruling on copyright, fair use, and the use of protected material to train a non-generative AI system. 

In this episode, we examine why the court found ROSS’s use minimally transformative, how the availability of unprotected judicial opinions affected its analysis, and why the potential market for licensing training data mattered. We also explore the decision’s limits for generative AI and the practical lessons for developers, content owners, and organizations purchasing AI tools. 

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About the Authors

• Seiko Okada, M.D., Ph.D.
• Jeffrey S. Whittle

Nonrecourse financing has traditionally offered commercial real estate borrowers a relatively clear boundary: if a loan defaults, the lender generally looks to the property and its cash flow rather than the borrower’s other assets or a principal’s personal balance sheet. But Womble Bond Dickinson’s article explains how that boundary is becoming less certain as lenders tighten underwriting standards and expand recourse carveouts.

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Pam Rothenberg in GlobeSt.: CRE Loan Carve Outs Contain Unseen Risks

 About the Author

• Pamela V. Rothenberg 

A new bipartisan Senate proposal could reshape how major energy and infrastructure projects secure federal approvals, and how much developers can rely on those approvals once they are issued. 

The Bipartisan American Affordability and Jobs Act of 2026 combines changes to environmental review and permitting with new transmission development measures and cost rules affecting data centers and other large electricity users. For developers, utilities, investors, and project sponsors, the proposal raises important questions about permitting certainty, litigation exposure, grid expansion costs, and project economics. 

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About the Authors

• Dietrich C. Hoefner
• Benjamin E. Busboom*
• Wilson Collins

Episode Description

A recent decision from the U.S. Court of Appeals for the D.C. Circuit has significant implications for organizations managing environmental risk. The court rejected challenges to the EPA’s designation of PFOA and PFOS, two widely known PFAS compounds, as hazardous substances under CERCLA, the federal Superfund law. The ruling reinforces EPA’s authority and preserves a regulatory framework that can affect reporting obligations, cleanup responsibilities, due diligence practices, and private-party litigation.

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https://www.womblebonddickinson.com/us/insights/federal-government/102o0y9/d-c-circuit-rejects-challenge-to-epas-cercla-designation-of-pfoa-pfos-as-haza

About the Authors

James Bernier, Jr.

Lisa Rushton

Ami P. Patel

Congressional oversight priorities often shift when control of the House or Senate changes hands, and companies can find themselves at the center of those changes. In this episode, we discuss how Democratic lawmakers are already laying the groundwork for potential investigations that could begin if they regain control of either chamber after the midterm elections. We explore the industries drawing attention, including energy, government contracting, and critical minerals, as well as emerging questions around executive privilege and communications with private advisors.  

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About the Contributors

• Kristina M. Moore
• Makala M. McNeil

The U.S. Department of Justice is continuing to define how it will enforce diversity, equity, and inclusion-related requirements in the federal contracting space. A recent False Claims Act settlement involving Deloitte provides new insight into the government's priorities and signals that DEI-related enforcement is becoming more structured and far-reaching. This episode explores what the settlement reveals about DOJ's approach, why staffing and utilization decisions are now under greater scrutiny, and how private whistleblowers may drive future enforcement actions.

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About the Author

• J. Andrew (“Andy”) Jackson
• Ryan P. McGovern

In the inaugural episode of Consumer Finance Decoded, host Aaron Kouhoupt is joined by privacy and cybersecurity attorney Tyler Bridegan to explore the growing momentum behind a comprehensive federal privacy law. Drawing on Tyler's recent congressional testimony before the House Energy and Commerce Committee, the discussion examines why federal privacy legislation may be closer to becoming reality than many realize.

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