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Articles by Eric Maxwell
Surprising cryptic cavefish diversity in a long-studied karst cave ecosystem of northern Alabama
Abstract Subterranean ecosystems host highly specialized and often cryptic biodiversity, yet even intensively studied landscapes may conceal deeply divergent vertebrate lineages. Here we describe Demogorgonichthys arcanus gen. et sp. nov., a new genus and species of cave-obligate fish discovered in Bobcat Cave, a long-monitored karst system on Redstone Arsenal in northern Alabama, USA.
Third Circuit Rejects “Overtime Gap Time” Claims Under the FLSA, Deepening Circuit Split
The Third Circuit held in Secretary of Labor v. Comprehensive Healthcare Management Services, LLC that the Fair Labor Standards Act (FLSA) does not provide a cause of action for “overtime gap time” — compensation for non-overtime hours worked in a pay period when the employee has also worked overtime. The decision deepens an existing circuit split, with the Second and Third Circuits rejecting overtime gap time claims under the FLSA and the Fourth Circuit holding such claims are viable.
Horizons Legal Ops Summit – Houston 2026
Legal operations leaders play an increasingly strategic role in how legal departments drive efficiency, manage risk, and deliver value to their organizations. This exclusive event is designed especially for legal operations leaders to help you navigate the evolving legal ops landscape. The summit will provide an opportunity to explore emerging trends, discuss common challenges, exchange practical insights, and shape the future of the legal operations function.
Rx Tariff Just Around the Corner
Ryan Last, an associate in Troutman Pepper Locke’s White Collar Litigation + Investigations Practice Group, was quoted in the June 17, 2026, BioWorld article, “Rx Tariff Just Around the Corner.” Despite the looming start dates, the biopharma industry in general has not been making significant changes in their supply chains, Ryan Last, of Troutman Pepper Locke, told BioWorld.
Troutman Pepper Locke State Attorneys General Monitor – June 18, 2026
State attorneys general increasingly impact businesses in all industries. Our nationally recognized state AG team has been trusted by clients for more than 20 years to navigate their most complicated state AG investigations and enforcement actions. State Attorneys General Monitor analyzes regulatory actions by state AGs and other state administrative agencies throughout the nation.
Time to Assess “Foreign Private Issuer” Status – 2026
Foreign private issuers with a December 31 fiscal year end must generally assess their status as of Tuesday, June 30, 2026. An issuer retains foreign private issuer status if all three of the following conditions are met: a majority of executive officers and a majority of directors are non-U.S. citizens or residents; more than 50% of assets are located outside the United States; and the business is not principally administered in the United States.
If It Glitters, Is It Gold? Taking a Practical Look at Planning with Grantor Trusts
Speaking Engagements June 3 - 5, 2026 If It Glitters, Is It Gold? Taking a Practical Look at Planning with Grantor Trusts Frisco, TX
SBIA’s 2026 National Summit for Lower Middle Market Funds
Troutman Pepper Locke is proud to continue our support of The Small Business Investor Alliance’s National Summit for Lower Middle Market Funds. The National Summit for Lower Middle Market Funds is the lower middle market’s premier networking and fundraising conference. Designed to inform, educate, and celebrate the industry, this annual gathering brings together senior-level professionals for high-quality connections and actionable insights.
Executive Compensation and Benefits in M&A Transactions: Foundational Frameworks
Troutman Pepper Locke Partner Josh Gelfand presents on a panel titled “Executive Compensation and Benefits in M&A Transactions: Foundational Frameworks” for Strafford, a BARBRI company. This CLE course will examine executive compensation and benefit plan considerations that will impact transaction-related liabilities, target values, and the long-term viability of an M&A deal.
AI Defensibility — What It Means, Why It Matters, and How Diligence and Deal Documents Are Catching Up
Articles + Publications June 16, 2026 AI Defensibility — What It Means, Why It Matters, and How Diligence and Deal Documents Are Catching Up
No Longer Sidelined, Private Equity Firms Bet Big On Sports
Mark T. Wilhelm, a partner in Troutman Pepper Locke’s Corporate Practice Group, was quoted in the June 15, 2026, Law360 article, “No Longer Sidelined, Private Equity Firms Bet Big On Sports.” Troutman Pepper Locke LLP M&A partner Mark Wilhelm said it’s too soon to tell how the rest of the market will react and whether other schools will follow suit.
Society of Construction Law North America Conference
Troutman Pepper Locke partners Toyja Kelley and Zach Torres-Fowler will be speaking on two panels at the Society of Construction Law North America’s 5th Annual Conference. The conference will take place from Wednesday, July 22 to Friday, July 24 in Nashville.
Massachusetts Collectors and Treasurers Association: 55th Annual School
Speaking Engagements August 11 - 14, 2026 University of Massachusetts Amherst 91 Campus Center Way Amherst, MA 01003
Women in Public Finance 30th Annual Conference
Sponsored Events September 16 - 18, 2026 Sheraton Grand Chicago Riverwalk 301 E North Water St Chicago, IL 60611
June Boom: Supreme Court Prepares for Explosive End-of-Term Rulings
Misha Tseytlin, a partner and leader of Troutman Pepper Locke’s Appellate + Supreme Court Practice Group, was quoted in the June 12, 2026, National Law Journal article, “June Boom: Supreme Court Prepares for Explosive End-of-Term Rulings.” Misha Tseytlin, a Supreme Court and appellate lawyer at Troutman Pepper Locke, told Law.com this week that a ruling striking down Humphrey’s Executor would be a “major earthquake for the previously independent agencies in how they will operate.” He...
The USPS Postmark Rule: What HR and Benefits Teams Need to Know
A December 2025 USPS rule redefines “postmark” as the date mail is first processed, not the date it is received or dropped off. Under the mailbox rule, the new postmark definition creates compliance risks for plan sponsors and recordkeepers relying on same-day mailing to meet benefit and tax notice deadlines. Late COBRA notices triggered by the new postmark rule can expose employers to statutory penalties under federal law.
Virginia Is Not For Precise Geolocation Data Lovers
This unique program provides innovative and affordable opportunities to startups and early-stage emerging companies with a solid technology or scientific foundation. We help companies that have a quality management team in place and do not have other significant legal representation.
District Court Vacates IRS Notice 2025-42, Restoring Five Percent Safe Harbor Option for Beginning of Construction
A federal district court vacated IRS Notice 2025-42 as arbitrary and capricious under the APA, restoring the five percent safe harbor for wind and large solar projects claiming Section 45Y or 48E credits. The vacatur was granted nationwide, with the matter remanded to Treasury and the IRS for further consideration. The court held that the Notice represented a major policy shift implicating serious reliance interests, unsupported by reasoned explanation in the administrative record.
Fintech Lobbyist Says Tennessee Remittance Tax Is Unconstitutional
Keith J. Barnett, a partner, and Carlin A. McCrory, an associate, both in Troutman Pepper Locke’s Consumer Financial Services Practice Group, were quoted in the June 10, 2026, American Banker article, “Fintech Lobbyist Says Tennessee Remittance Tax Is Unconstitutional.” Historically, courts have upheld the federal government’s ability to regulate foreign commerce, Keith Barnett, a partner at Troutman Pepper Locke, told American Banker.
Eleventh Circuit Addresses Duties of Loyalty Owed Between Joint Venturers in Case Involving Public-Private Partnership Design-Build Megaproject
The Eleventh Circuit held that Skanska USA Civil Southeast Inc. did not breach its fiduciary duty of loyalty under the Florida Revised Uniform Partnership Act. The Eleventh Circuit found no actionable conflict of interest because the proposed termination strategy was not viable under the design-build agreement. The Florida Revised Uniform Partnership Act allows joint venture members to modify the default duty of loyalty by identifying permitted activities.
SEC Proposes to Simplify Filer Status and Expand Emerging Growth Company Accommodations
The SEC proposal would consolidate five filer categories into two — LAFs and NAFs — with a SNAF subcategory. The proposal would raise the public float threshold for LAF status to $2 billion, add a 60‑month Exchange Act reporting seasoning period, and thereby reduce the number of companies treated as LAFs. Under the proposal, all NAFs would receive a unified package of scaled disclosures and accommodations currently limited to EGCs and SRCs, including exemption from auditor attestation of ICFR.
CFTC Joins SEC in Scrapping ‘Gag Rule’
Jay A. Dubow, a partner and co-leader of Troutman Pepper Locke’s Securities Investigations + Enforcement Practice Group, was quoted in the June 5, 2026, Pensions & Investments article, “CFTC Joins SEC in Scrapping ‘Gag Rule’.” The New Civil Liberties Alliance, a conservative nonprofit group, petitioned the U.S. Supreme Court earlier this year to take up a case challenging the constitutionality of the SEC’s gag rule.
Governor Spanberger Announces Board Appointments
This unique program provides innovative and affordable opportunities to startups and early-stage emerging companies with a solid technology or scientific foundation. We help companies that have a quality management team in place and do not have other significant legal representation.
DRI Young Lawyers Seminar
Troutman Pepper Locke litigator Noah Mason will present “Cross Examinations of Adverse Witnesses” at the 2026 Young Lawyers Seminar. The program will take place June 3–5, 2026 at the Omni Louisville Hotel in Louisville, Kentucky. The 2026 Young Lawyers Seminar equips early career litigators with practical skills and strategic insights for navigating modern litigation practices.
Fighting Long-Term Care Discharges and Readmission Denials: Resident Rights, Appeals, and Strategy
Troutman Pepper Locke litigator Callan Stein will present on “Fighting Long-Term Care Discharges and Readmission Denials: Resident Rights, Appeals, and Strategy” as part of the Strafford, now a BARBRI company, webinar series. the Program will take place on Wednesday, June 17 at 1 p.m. ET. Federal nursing facility rules strictly guide the allowable resident discharge reasons, requiring specific notice and documentation.
How End Of SEC ‘Gag Rule’ Affects Free Speech Certiorari Bid
This article was originally published on Law360 and is republished here with permission as it originally appeared on June 5, 2026. The U.S. Securities and Exchange Commission‘s decades‑old, no‑deny settlement policy has effectively come to an end. On May 8, the SEC quietly sent a final rule titled “Rescission of Policy Regarding Denials in Settlements of Enforcement Actions” to the Office of Management and Budget for review under Executive Order No. 12866.
Proposed SEC Rules Would Lighten Executive Compensation Disclosure Load for Many Public Companies
Under the SEC’s proposed rules, public companies would be classified only as large accelerated filers or non-accelerated filers. Non-accelerated filers would be subject to scaled executive compensation disclosure requirements similar to those for emerging growth companies and would not be required to conduct Say-on-Pay or related advisory votes.
A Conversation on CalPrivacy Enforcement
Troutman Pepper Locke associate Edgar Vargas will be joined by Alex Berger of the California Privacy Protection Agency (CalPrivacy), with Christy Hsu, CIPP/US, Counsel at Pacific Life Insurance Company, moderating, for a virtual lunch-and-learn program hosted by the Los Angeles, Orange County, and San Diego KnowledgeNet Chapters. The program will take place on Thursday, June 11, from 12:00 to 1:00 p.m. PT.
New Sheriff at the Port: President Trump’s Executive Order Rewrites the Rules on Customs Enforcement
President Donald Trump’s “Strengthening Customs Enforcement” executive order directs CBP to overhaul customs enforcement, raising IOR eligibility thresholds and bond requirements for all entries. The executive order draws a bright line between “U.S. IORs” and “foreign IORs,” imposing stricter eligibility, bonding, and informal entry restrictions on foreign IORs and tying benefits to CTPAT validation.
40 Under 40: Get to Know the 2026 Honorees
This unique program provides innovative and affordable opportunities to startups and early-stage emerging companies with a solid technology or scientific foundation. We help companies that have a quality management team in place and do not have other significant legal representation.
New Section 301 Forced Labor Actions: USTR Proposes Duties on Nearly All US Imports
USTR has proposed additional Section 301 tariffs of 10% or 12.5% on virtually all U.S. imports from 60 countries based on alleged failures to prohibit or enforce bans on imports produced with forced labor. The proposed Section 301 action follows the invalidation of the administration’s IEEPA-based tariffs and is intended to serve as a more durable platform for broad-based tariffs than Section 122 or IEEPA.
ACI’s 31st Annual Conference on Drug & Medical Device Litigation
Sponsored Events December 2 - 3, 2026 New York Marriott Marquis 1535 Broadway New York, NY 10036
Infocast’s Transmission & Interconnection Summit 2026
Troutman Pepper Locke is a proud Gold Sponsor of Infocast’s Transmission & Interconnection Summit 2026, a leading forum bringing together key stakeholders to address the grid impacts of unprecedented load growth and regulatory change.
FIFA Spat Over Dallas Whale Mural Tests Power of Artists’ Rights
Austin Padgett and Rusty Close, partners in Troutman Pepper Locke’s Intellectual Property Practice Group, were quoted in the June 4, 2026, Bloomberg Law article, “FIFA Spat Over Dallas Whale Mural Tests Power of Artists’ Rights.” An artist’s VARA rights last their lifetime and aren’t erased if a new owner buys the building, Austin Padgett of Troutman Pepper Locke said.
SEC Offering Reform Proposal (Release 33-11418)
The SEC’s proposed amendments to Form S-3 would eliminate the one-year seasoning and $75 million public float requirements, allowing more issuers to conduct unlimited shelf offerings. The proposal would replace the WKSI category with ELI and SELI, extending enhanced registration and communication benefits to a broader group of exchange-listed Form S-3 issuers.
2026 Philadelphia M&A Conference – Smart Business Dealmakers
Sponsored Events September 30, 2026 The Union League of Philadelphia 140 South Broad Street Philadelphia, PA 19102
Billions at Stake as Supreme Court Mulls Interest on Escrow
Joseph DeFazio, a partner in Troutman Pepper Locke’s Consumer Financial Services Practice Group, was quoted in the June 3, 2026, American Banker article, “Billions at Stake as Supreme Court Mulls Interest on Escrow.” “There are billions of dollars at stake in these decisions,” said Joseph DeFazio, a partner at Troutman Pepper Locke.
In Case You Missed It: Consumer Financial Services Law Monitor – May 2026 in Review
Our team published new content and podcasts to the Consumer Financial Services Law Monitor throughout the month of May.
Government Plans to Appeal Universal IEEPA Tariff Refund Order
The DOJ has appealed Judge Richard K. Eaton’s universal refund order requiring CBP to return about $166 billion in IEEPA duties. The government’s three-category framework for IEEPA refunds distinguishes unliquidated entries, finally liquidated entries with CIT suits, and finally liquidated entries without suits, with the last category driving the appeal. Judge Eaton denied the government’s attempt to substitute lower-ranking officials for CBP Commissioner Rodney S.
The Sec’s ‘Gag Rule’ Is Gone. Settlements Could Be More Complex.
Jay Dubow, co-leader of Troutman Pepper Locke’s Securities Investigations + Enforcement Practice Group, was quoted in the June 1, 2026, Pensions & Investments article, “The Sec’s ‘Gag Rule’ Is Gone.
Private Funds CFO: Fees & Expenses Survey 2026
The Private Funds CFO Fees & Expenses Survey was launched with Troutman Pepper Locke in 2014 in response to fund managers’ questions about who should pay fees and expenses. Troutman has sponsored this report, which is produced every two years, to create a benchmark to compare and review fee-related practices across the private markets industry. The 2026 edition features a survey of 132 U.S. alternative asset fund managers on their fees and expenses practices.
Challenging State Civil Investigative Demands Prohibited by Federal Law: Strategies and Practical Tips
Troutman Pepper Locke State Attorneys General (AG) team members Lauren Fincher, Michael LaFleur, and Bill LaRosa will speak at a BARBRI CLE on Tuesday, June 9 from 1–2:30 p.m. ET.
Academic Innovation to Market Reality: Best Practices for University Spin-Offs
Join Troutman Pepper Locke attorneys Mindy Rudolph, Amanda Hassan, and EA Weeks for a webinar exploring how life sciences innovation emerging from university research is translated into market-ready products.
Litigating Virginia’s Right of Publicity Laws
This article was originally published in Virginia Lawyer and is republished here with permission as it originally appeared in June 2026. Timothy J. St. George, Peter S. Cox, David N. Anthony, and Noah J.
The Legal Intelligencer Recognizes Troutman Pepper Locke’s Jessica Kozlov Davis as Law Firm Innovator Award Finalist
Press Coverage May 26, 2026 The Legal Intelligencer Recognizes Troutman Pepper Locke’s Jessica Kozlov Davis as Law Firm Innovator Award Finalist
Troutman Pepper Locke Named Finalist for The Legal Intelligencer’s Law Firm of the Year
This unique program provides innovative and affordable opportunities to startups and early-stage emerging companies with a solid technology or scientific foundation. We help companies that have a quality management team in place and do not have other significant legal representation.
2026 Association of Corporate Counsel Greater Philadelphia Chapter (ACCGP) Summer Soiree
Sponsored Events June 4, 2026 | 6:00 PM - 9:00 PM ET The Radnor Hotel 591 E Lancaster Ave. St. Davids, PA 19087
Social Media Advertising Poses Compliance Risks Following FTC Warnings
Brooke Conkle and Chris Capurso, a partner and counsel in Troutman Pepper Locke’s Consumer Financial Services Practice Group, were quoted in the May 29, 2026, Car Dealership Guy article, “Social Media Advertising Poses Compliance Risks Following FTC Warnings.” Brooke Conkle, partner at Troutman Pepper Locke, made a similar suggestion with social media use and not updating listings could trigger regulators’ attention.
ATLP 97th Annual Meeting
Gene Fishel will be speaking at the upcoming ATLP 97th Annual Meeting on “AI Ethics: Governance, Accountability, and Responsible Innovation.” The session will address how, as artificial intelligence becomes increasingly embedded in business operations, public services, and critical infrastructure, ethical considerations are moving to the forefront of policy and practice.
SEC Foot Locker Order Underscores Continued Focus on Whistleblower Protections
The SEC brought a settled enforcement action against Foot Locker Inc. for using separation agreements that required employees to waive their right to receive SEC whistleblower awards, in violation of Exchange Act Rule 21F-17(a). The SEC found that conditioning severance on an “award waiver provision” raised impediments to participation in the SEC whistleblower program, even if Foot Locker never enforced the clause or actually deterred any whistleblowers.
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