General Business Administrative Agency

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B&B Hardware v. Hargis – What it Means and How it will Affect TTAB Litigation

The U.S. Supreme Court recently issued a decision that may significantly impact how Trademark Trial and Appeal Board (“TTAB”) cases are litigated and whether potential litigants elect to forego TTAB litigation in certain...more

Seventh Circuit Affirms No Jurisdiction on Challenge to SEC Admin Courts

The first Court of Appeals to rule in the recent round of challenges to the Securities and Exchange Commission’s administrative enforcement mechanism has held courts lack authority to consider the matter. The US Seventh...more

Food Litigation Newsletter - August 2015

This Newsletter Aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. RECENT SIGNIFICANT RULINGS - Class Certification Denied In Popcorners “All...more

Judge Berman Deflates SEC’s ALJ Appointment Process

United States District Court Judge Richard M. Berman of the Southern District of New York has been making headlines in recent weeks as he presides over the highly publicized case between the National Football League (“NFL”)...more

Federal Reserve Board Issues Clarification on Treatment of Transactions-Monitoring Costs Under Regulation II

On August 14, 2015, the Board of Governors of the Federal Reserve System (the Board) published a clarification (the Clarification) of the Board’s decision to include transactions-monitoring costs in establishing the 21-cent...more

Federal Trade Commission Issues First-Ever Guidance on “Unfair Methods of Competition”

Section 5 of the 1914 Federal Trade Commission Act declares that “unfair methods of competition in or affecting commerce” are unlawful. The Act also empowers the Commission to prevent persons, partnerships, and corporations...more

US Treasury Eyes Online Marketplace Lending

In an interesting and unusual development, the Treasury Department has issued a notice seeking public input on the online marketplace lending business for small businesses and consumers (“Notice”), setting forth 14 questions...more

Walton EMC Prevails in “reconstruction in substantial kind” Georgia Territorial Act Case

A hearing officer of the Georgia Public Service Commission recently decided in favor of Walton EMC in a Territorial Act dispute with Georgia Power over the right to provide electric service to a CVS drugstore in Athens,...more

Massachusetts Proposes New Rules for Nursing Home Sales and Closures

Massachusetts regulators recently announced new rules that, if adopted, will change the requirements for nursing home sales and closures in the state. The proposed new rules require nursing home owners intending to sell a...more

Altera: Tax Court Invalidates Section 482 Regulation on Administrative Law Grounds

In Altera, the U.S. Tax Court invalidated regulations under Section 482 requiring participants in qualified cost-sharing agreements to include stock-based compensation costs in the cost pool to comply with the arm’s-length...more

CFTC/SEC Jurisdictional Battle Heats Up Over Dividend Indices

The CFTC recently approved a futures contract on a dividend index as a non-security based index futures contract over the SEC’s objection that the dividend index contract could be a security future; the CFTC’s actions may...more

Blog: New GAO Report On Conflict Minerals Compliance

By coincidence, the same day that the three-judge panel of the D.C. Circuit struck down (again) a portion of the conflict minerals rule (see this post), the GAO issued a report to Congressional Committees entitled “SEC...more

CodeBroker, LLC Files Additional Challenge to the FCC’s July 2015 Declaratory Ruling and Order

On August 14, 2015, CodeBroker, LLC (“CodeBroker”) filed a petition for review of the FCC’s July 10, 2015 Declaratory Ruling and Order with the United States Court of Appeals for the District of Columbia Circuit....more

Claims Webinar Series: Contract Terminations

In this presentation: - Termination for Convenience (“T4C’) - Termination for Default (“T4D”) - T4C vs. T4D at a glance - Brief overview of termination appeals - Q & A Please see full...more

MERS: Better Than a Faster Horse

MERSCORP, Inc. (“MERS”) has been under fire for years. We wrote about it a while back when residential mortgage borrowers challenged the ability of MERS to foreclose on mortgages it held on the theory that MERS, as a mere...more

BP Case May Again Test Limits of FERC’s “In Connection With” Enforcement Jurisdiction

A Federal Energy Regulatory Commission (FERC) Administrative Law Judge last week issued an Initial Decision finding that BP America (BP) and certain related BP entities violated FERC’s Anti-Manipulation Rule. Following a...more

The Competition and Markets Authority's consultation on "Competition in passenger rail services in Great Britain" - On 17 July...

On 17 July 2015, the Competition and Markets Authority (CMA) published its consultation document regarding competition in passenger rail services in Great Britain. This followed its announcement in January that it intended to...more

SDNY Enjoins SEC Administrative Proceeding

In Duka v. SEC, the District Court for the Southern District of New York entered a preliminary injunction to enjoin an SEC administrative proceeding because the proceeding is “likely unconstitutional.” The court gave the same...more

China Regulatory Enforcement Quarterly - Q2 2015

The Chinese regulatory enforcement landscape is still very active for the second quarter of 2015. In the absence of high-profile enforcement actions against Communist Party officials, Chinese authorities appear to be...more

FDA Delays Calorie Disclosure and Menu Labeling Compliance for One Year

Restaurants now have an additional year to revise their menu boards to comply with the Food and Drug Administration’s new menu labeling rules. The FDA had previously finalized new menu labeling rules in connection with the...more

SEC ALJ: No Sanction For Compliance Official Who Violated Statute

Amid all the concern regarding the selection by the SEC of an administrative rather than a district court forum for brining agency enforcement action comes a decision which has the potential to change the tenor of the debate,...more

Proposed FAR Rules Impose Significant New Burdens for Government Contractors

On May 28, 2015, the Obama administration published proposed amendments to the Federal Acquisition Regulation (FAR) and related Department of Labor (DOL) guidance to implement the July 31, 2014, “Fair Pay and Safe Workplaces”...more

Alabama Department of Revenue Issues Controversial Proposed Regulation Taxing Out-of-State Vendors

Consistent with Governor Robert Bentley’s public statement last week that he hopes Amazon.com or another internet e-tailer will sue the state of Alabama regarding its position on nexus, the Alabama Department of Revenue...more

CPUC Likely to Hold Verizon Responsible for its Share of Costs Related to Underground Communications Facilities

The California Public Utilities Commission will decide whether Verizon is improperly shifting costs to California cities by refusing to pay its share of expenses related to the installation of underground service facilities....more

Texas Says EPA Administrative Actions under CERCLA Trigger Duty to Defend

As any company facing EPA administrative action under CERCLA knows, the financial risk and defense costs associated with those proceedings can be the same as the risk and costs of an EPA lawsuit under CERCLA. But insurers...more

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