Administrative Agency Updates

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
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Connecticut Audubon Society joins the no drone zone list

Drones are no longer permitted at 19 of the Connecticut Audubon Society’s (CAS) sanctuaries because of the annoyance to visitors and harassment of wildlife. This is one of the first in the country, and certainly the first in...more

Another SEC Insider Trading Case As An Administrative Proceeding

The SEC filed another settled insider trading case. In the Matter of Abdallah Fadel, Adm. Proc. File No. 3-17111 (February 10, 2016). While the case is straight forward, what may be of interest is the fact that it is the...more

Obama Order Establishes Federal Privacy Council

On Tuesday, February 9, 2016, President Obama issued an Executive Order establishing the “Federal Privacy Council,” an interagency council of senior officials from each of 24 federal departments and agencies. The Council is...more

The Skies Are Alive With the Sound Of Drones: The FAA Implements Drone Registration Requirements

It happened again—another incident involving an errant drone and a resident from the Garden State. As reported by various news sources, a New Jersey man attempted to photograph the Empire State Building with his drone. He was...more

The US Biosimilars Pathway: Key Questions

In 2015, FDA issued a number of final guidance documents for biosimilars. But many fundamental questions remain unsettled and the industry awaits FDA’s guidance on labeling of biosimilars, the requirements for...more

Second CMP Assessed for HIPAA Violations: Do You Know Where Your Data Is?

For only the second time in its history, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has imposed a civil money penalty (CMP) on a covered entity for allegedly violating the HIPAA...more

Drone U: Drone Use on Campus and Developing an Effective Drone Policy

Drones on campus is a key issue facing universities and educational institutions today. As small unmanned aircraft systems (sUAS) increasingly make their appearance on campuses across the U.S., colleges and universities are...more

ERISA (5th Circuit): Are There Exceptions to the Exhaustion of Administrative Remedies Requirement

You already know that claimants with a denied claim must submit an appeal and exhaust administrative remedies before filing suit. But are phone calls sufficient to trigger the appeal process?...more

Blog: ALJ Upholds OCR Enforcement Against Lincare, Inc. of $239,800

A U.S. Department of Health and Human Services (HHS) administrative law judge (ALJ) recently sustained an earlier HHS Office of Civil Rights (OCR) decision to impose a civil money penalty (CMP) of $239,800 against Lincare...more

Why is the Government Interested in my Drone?

Everyone has heard of drones. Amazon is going to use them to deliver packages soon, right? What is a drone and what do individuals and businesses need to know about drone usage? Drones are defined simply an unmanned,...more

The ITC Flexes Its Trade Secrets Muscles Again

The Federal Circuit has once again affirmed the ITC’s broad jurisdiction to investigate and, if necessary, remedy extraterritorial misappropriation of trade secrets. Based on this and other recent decisions, it looks like the...more

Worth Another Look: GO-TIME

One year ago today, Gov. Tom Wolf signed an executive order establishing the Governor’s Office of Transformation, Innovation, Management and Efficiency (GO-TIME). The Executive Order sought to increase coordination between...more

Latest OCR Enforcement Action: Underbed Storage is Not Appropriate for PHI

Recent enforcement actions by the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) have highlighted that, not surprisingly, Covered Entities should not leave medical records in a...more

Historic Moment: Husband Reports Wife’s HIPAA Violation Triggering Six Figure Penalty Against Employer

For the second time in history, the Office for Civil Rights (“OCR”) has imposed a civil monetary penalty (“CMP”) against a covered entity for violations of the Health Insurance and Portability Act (“HIPAA”). Lincare, Inc., a...more

CFPB Director’s Divisive View of RESPA Limitations Period Central to Ongoing UDAAP Action

In the ongoing Integrity Advance enforcement action by the Consumer Financial Protection Bureau (“CFPB” or “Bureau”), the Office of Enforcement this month filed a brief arguing that its claims for alleged unfair, deceptive,...more

Split Federal Circuit Upholds Constitutionality of Single PTAB Panels Rendering Both Institution & Final Written Decisions

On January 13, 2016, the Federal Circuit affirmed the decision of the PTAB in Ethicon Endo-Surgery, Inc. v. Covidien LP, IPR2013-00209, that all of the claims of U.S. Patent 8,317,070 are obvious. While the obviousness...more

California "Organic" Labeling Decision: A Blueprint for More Class Actions of FDA Regulated Products?

In December 2015, the California Supreme Court issued a ruling in Quesada v. Herb Thyme Farms, Inc., which may affect many companies subject to FDA regulation, but particularly those that advertise and sell products as...more

Super Bowl Sunday: No drone zone

The Federal Aviation Administration (FAA) released a youtube video on Wednesday letting drone operators know that the air above Levi’s Stadium in San Francisco is off limits on Super Bowl Sunday. Labeled a “No Drone Zone,”...more

EPA Names New Director of the Pesticide Re-Evaluation Division

On February 1, 2016, the U.S. Environmental Protection Agency (EPA) announced that Yu-Ting Guilaran has been selected as the new Director of the Pesticide Re-Evaluation Division (PRD) within the Office of Pesticide Programs...more

Expropriation in Calgary: The Southeast LRT is Coming

The City of Calgary has identified portions or all of several dozen residential and commercial properties it may need to expropriate along the planned route of the Green Line Southeast LRT. Councillors debated the potential...more

CFPB Argues Statute of Limitations Not Applicable in Certain UDAAP Actions

On January 15, 2016, the CFPB filed a brief opposing a motion to dismiss in the Matter of Integrity Advance, LLC (“Integrity”) asserting that there is no time bar for certain CFPB actions under its UDAAP authority. The...more

North Carolina Supreme Court Endorses and Clarifies General Assembly’s Constitutional Authority to Appoint Executive Branch...

On January 29, 2016, the North Carolina Supreme Court issued an opinion endorsing and clarifying the authority of the North Carolina General Assembly to appoint officers to legislatively created offices in State ex rel...more

Just Because You Can, Doesn’t Mean You Should

In Ethicon Endo-Surgery, Inc. v. Covidien LP, [2014-1771](January 13, 2016), the Federal Circuit held that the same panel of the PTAB can make the decision to institute an IPR and the final written decision, and that the PTAB...more

Federal ALJ Allows OSHA to Seek Enterprise-Wide Abatement of Hazards Discovered at One Location

OSHA inspections are usually site-specific, meaning that the agency’s authority to issue penalties and to seek abatement of workplace hazards applies to the workplace actually inspected. Last month, a federal Administrative...more

Kyiv Real Estate Newsletter (Ukrainian)

The new year started with significant changes regarding the registration of rights to real estate. In particular, the restated Law of Ukraine “On State Registration of Proprietary Rights to Real Estate and Their...more

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