Photo of Nick Gouverneur

Nick Gouverneur

Subscribe to Nick Gouverneur's Posts

Nick Gouverneur is an associate with Troutman Pepper.

Introduction

The National Defense Authorization Act (NDAA) for 2025 includes a mandate that contractors furnish information and documentation to enable the military to modify and repair equipment and systems. Not surprisingly, industry is pushing back on that mandate. On September 25, Senator Elizabeth Warren (D-MA) sent a letter to various industry associations, questioning their motives to prevent a right-to-repair requirement that the Senate included in its proposed defense budget for fiscal year (FY) 2025. Warren also sent a separate letter to Secretary of Defense Lloyd Austin, expressing concern about contractual restrictions that void contractor warranties when third parties perform repairs and that prevent access to operations, maintenance, integration, and training data.

On September 20, 13 states and Washington, D.C. joined Colorado in its appeal asking the Tenth Circuit to uphold a state law imposing more restrictive interest rate caps on loans from out-of-state banks to residents, arguing that U.S. District Judge Daniel D. Domenico’s injunction “disrupts [ ] careful Congressional balancing and will allow online lenders to flout usury laws.”

On June 2, the Federal Trade Commission (FTC) announced modifications to its in-house adjudicative proceedings of agency challenges to mergers and acquisitions by reducing the decision-making power held by administrative law judges (ALJs). This change will affect how the agency’s antitrust challenges are decided. Even though the previous process had been in place for decades, the FTC was not required to receive public comment because the change affects only internal procedures.