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Executive Orders Administrative Procedure Act

DirectEmployers Association

OFCCP Week In Review - May 2024 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

DirectEmployers Association

OFCCP Week In Review: December 2023 #3

Monday, December 4, 2023: Without Notice, OFCCP Updated Its Construction Program and CSAL FAQs - OFCCP quietly updated two of its FAQ sections to address how it will handle enforcement of federal contractor compliance...more

Jackson Lewis P.C.

Texas Federal Court Bars Enforcement of $15 Minimum Wage for Federal Contractors Against Three States

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President Joe Biden exceeded his authority under the Procurement Act when he issued an executive order (EO 14026) raising the minimum wage rate for employees of federal contractors to $15 per hour, a federal court in Texas...more

Pillsbury Winthrop Shaw Pittman LLP

Applying Environmental Justice to the Regulated Community: What to Expect and How to Plan Accordingly

Though environmental justice (EJ) has been a cornerstone of the Biden Administration, it lacks federal enforcement laws. Executive orders and responses from federal agencies have shaped U.S. enforcement of EJ issues....more

Pillsbury Winthrop Shaw Pittman LLP

Fifth Circuit Permits the Use of the Social Cost of Carbon, For Now

The court’s decision allows the Biden administration to further develop the Social Cost of Carbon (SCC) but leaves open the possibility of future judicial scrutiny of its implementation. The Fifth Circuit’s ruling allows...more

ArentFox Schiff

White House Office of Information and Regulatory Affairs Announces Results of Its Preliminary Study on Broadening Public...

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Regulations matter. Federal executive action is supposed to be rooted in statutes, established through regulatory processes generally tied to the Administrative Procedure Act (APA), and — at least conceptually — rooted in the...more

Mintz - Antitrust Viewpoints

FTC Invokes New and Expanded Powers to Propose Bar on Employee Non-Competes

The Federal Trade Commission continues to focus on labor-market competition issues with a set of settlements based on its newly asserted FTC Act Section 5 “stand alone” authority, and a highly controversial proposed...more

Foley & Lardner LLP

FTC Proposes Sweeping Federal Ban on Employee Noncompetes

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On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed regulation that, if adopted, would essentially abolish employee noncompetes across the United States. A proposed FTC regulation on employee...more

Holland & Knight LLP

Court Issues Nationwide Injunction Halting Federal Landlord Vaccine Mandate

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U.S. District Court Judge R. Stan Baker of the Southern District of Georgia on Dec. 7, 2021, issued a preliminary injunction, halting the government's enforcement of the vaccine mandate on all federal landlords and their...more

Benesch

November Ends With Flurry of Litigation Regarding Various COVID Vaccine Mandates

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As November came to an end, federal courts across the country continue to examine and issue preliminary rulings on challenges to various COVID vaccine mandates put in place by the Biden Administration. At the beginning of...more

Womble Bond Dickinson

The Biden Administration Expands Staff Vaccination Requirement to All Medicare & Medicaid Participating Providers/Suppliers.

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The Biden Administration, through the Centers for Medicare and Medicaid Services (“CMS”) and via Interim Final Rulemaking (“IFR”), has expanded vaccination requirements in many health care settings. Effective November 5,...more

Holland & Knight LLP

Price Transparency in Hospitals – Is Hospital Pricing Data a Protected Trade Secret?

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By this point, it's no secret the cost of healthcare services can vary dramatically between different providers of the same services. The Bush, Obama, Trump and Biden administrations all pushed for price transparency in...more

Sheppard Mullin Richter & Hampton LLP

Executive Order on Promoting Competition in the American Economy: The Biden Administration Considers Drug Pricing Strategies While...

On August 10, 2021, the Centers for Medicare and Medicaid (“CMS”) published a proposed rule (“Proposed Rule”) to rescind the Most Favored Nation Model (“MFN Model”) interim final rule that was published on November 26, 2020...more

Jones Day

Preliminary Injunction Issued Preventing Ban on New Federal Oil and Gas Leases

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As reported in the last edition of The Climate Report, Alabama, Alaska, Arkansas, Louisiana, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah, and West Virginia (collectively, "Plaintiff States") filed...more

Jones Day

Temporary Ban on New Federal Oil and Gas Leases Under Fire

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First Quarter of Biden Presidency Impactful for Energy Industry - On January 27, 2021, President Biden signed Executive Order 14008 ("E.O. 14008"), implementing a temporary pause on the auction of new oil and gas leases...more

Wiley Rein LLP

U.S. Government Agrees to Remove Xiaomi from Communist Chinese Military Company List; American Exchanges Delist Others

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On May 11, 2021, the U.S. Department of Defense (DOD) agreed to remove Chinese smartphone maker Xiaomi Corp. from its list of “Communist Chinese Military Companies” (CCMC). DOD identified Xiaomi as a CCMC on January 14, 2021,...more

Holland & Knight LLP

Environmental Protection Agency Rescinds Procedural Regulation for Guidance Documents

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On May 11, 2021, U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan signed a Final Rule rescinding EPA regulation, 40 C.F.R. Part 2, Subpart D, which final rule becomes effective upon publication in the...more

Cozen O'Connor

Ten Republican Attorneys General Sue Biden Administration Over Climate Change Metric

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A group of ten Republican AGs, led by Louisiana AG Jeff Landry, sued the Biden administration over an alleged violation of the Administrative Procedures Act by President Biden in issuing an executive order restoring Obama-era...more

Wiley Rein LLP

D.C. District Court Blocks Xiaomi Designation as “Communist Chinese Military Company”

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On March 12, 2021, the U.S. District Court for the District of Columbia granted a preliminary injunction in favor of Xiaomi Corporation (Xiaomi) against implementation of Executive Order (EO) 13959, a November 2020 order...more

Troutman Pepper

State Watchdogs: As Biden Takes Office, Republican Attorneys General Likely to Challenge Administration on Many Fronts

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During the past four years, Democratic state attorneys general filed a record number of lawsuits against the Trump administration’s executive orders. Now as the Biden administration takes office, and with the shoe on the...more

ArentFox Schiff

CIT Assigns Panel for 301 Litigation on US Imports From China — Update on Options to Recover China Tariffs

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If your company has paid Section 301 duties on products of China included in List 3 and List 4(a), there may still be an opportunity to file a suit to potentially recover duties paid. On February 5, 2021, the US Court of...more

Constangy, Brooks, Smith & Prophete, LLP

Under Biden, Will Dreams Of Dreamers Come True?

Before his inauguration, President Biden expressed his commitment to keeping the Deferred Action for Childhood Arrivals program alive. On his first day in office, he issued an Executive Order directing the Department of...more

Sheppard Mullin Richter & Hampton LLP

Secret Rules and Hidden Penalties: Biden Executive Order Takes Aim at the Trump Administration’s Efforts to Limit HHS’s Use of...

Executive Orders and the Biden Administration’s promises to postpone or withdraw certain last-minute, so-called “midnight rules” promulgated by the Trump Administration are currently grabbing everyone’s attention, especially...more

Williams Mullen

Environmental Notes - January 2021

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Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more

Foley Hoag LLP

Five Ways the Biden Administration Could Rescind or Reverse the Trump Administration’s Regulatory Actions

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Various media outlets are reporting that President-elect Joe Biden already has plans to sign a series of executive orders shortly after being sworn into office in January. While some of these planned executive orders will...more

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