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Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
Mayer Brown

SEC’s Division of Enforcement Announces Key Updates to Its Enforcement Manual

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On February 24, 2026, the United States Securities and Exchange Commission’s (“SEC”) Division of Enforcement (“Division”) announced significant updates to its Enforcement Manual for the first time since 2017. These updates...more

Phelps Dunbar

Importers Face an Uncertain Path to Recover IEEPA Tariffs After Supreme Court Ruling

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Importers who paid tariffs imposed under the International Emergency Economic Powers Act (IEEPA) may assume that a U.S. Supreme Court decision invalidating those tariffs automatically triggers refunds. It does not. Recent...more

FordHarrison

Worker Classification in Focus: DOL Proposes Rule on Independent Contractor Status

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On February 26, 2026, the U.S. Department of Labor (DOL) issued a new proposed rule, entitled the “Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and...more

Phelps Dunbar

DOL Proposes Rule That Could Expand When Workers Qualify as Independent Contractors

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The U.S. Department of Labor (DOL) proposed a rule that would change how worker classification as an independent contractor is analyzed under federal wage and hour and other laws. If finalized, the proposal would rescind the...more

Holland & Knight LLP

Proposed Illinois Bills Could Unwind Restructuring Deadline for ABA Businesses

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Recently proposed legislation in the Illinois General Assembly – Senate Bill (SB) 3807 and House Bill (HB) 5171 – is garnering attention. Both bills hit the docket in February 2026 and aim to alleviate corporate practice...more

Sheppard

CMS CY 2027 Advance Notice Includes Flat Rate Increase And Modified Methodologies

Sheppard on

On January 26, 2026, CMS released the Advance Notice of Methodological Changes for Calendar Year (“CY”) 2027 for Medicare Advantage (“MA”) Capitation Rate and Part C and Part D Payment Policies (the “Advance Notice”). In the...more

Patomak Global Partners

Prediction Market Surveillance: CFTC Advisory and SRO Enforcement Action

Kalshi announced that it pursued enforcement actions against two participants for alleged manipulative trading activity. The CFTC also issued a related Prediction Markets Advisory reaffirming its oversight authority in this...more

Baker Donelson

CMS Signals Expanded Anti-Fraud Enforcement Through CRUSH Initiative

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The Centers for Medicare and Medicaid Services (CMS) issued a Request for Information (RFI) on February 27, 2026, that signals a potential expansion of federal health care fraud, waste, and abuse enforcement. While the RFI...more

McDermott Will & Schulte

FTC issues COPPA Policy Statement to provide enforcement discretion and encourage the use of age verification technologies

On February 25, 2026, the Federal Trade Commission (FTC) issued a Policy Statement clarifying its enforcement approach under the Children’s Online Privacy Protection Act (COPPA) Rule to encourage the use of age verification...more

Goodwin

Fifth Circuit Adopts Narrow Interpretation of Two Critical DEA Regulations

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On February 13, 2026, the Fifth Circuit issued a unanimous panel opinion holding that the Drug Enforcement Agency (“DEA”) misinterpreted two of its pivotal regulations — its “corresponding responsibility” (21 C.F.R. §...more

Alston & Bird

NYDFS Revises Prescriptive FAQs on Multifactor Authentication

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Two months after the New York Department of Financial Services (“NYDFS”) updated its Frequently Asked Questions (“FAQs”), which we wrote about here, NYDFS has released updated FAQs on multifactor authentication (“MFA”) that...more

Cooley LLP

Executive Order Limits Underperforming Defense Contractors’ Ability to Conduct Stock Buybacks, Issue Dividends and Award Certain...

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On January 7, 2026, President Donald Trump issued Executive Order No. 14372, “Prioritizing the Warfighter in Defense Contracting” (EO), which targets underperforming federal contractors who, in the administration’s view,...more

Bradley Arant Boult Cummings LLP

Court of International Trade Orders Reliquidation of IEEPA Tariff Duties: What Importers Should Do Now

In a significant development for importers, on March 4, 2026, the U.S. Court of International Trade (CIT) issued a ruling in the case of Atmus Filtration, Inc. v. United States, ordering Customs and Border Protection (CBP) to...more

Mayer Brown Free Writings + Perspectives

SEC Issues Order Granting Directors and Officers of Certain Foreign Private Issuers an Exemption from Section 16(a) Filing...

On March 5, 2026, the Securities and Exchange Commission (the “SEC”) published an order granting an exemption from beneficial ownership reporting requirements under Section 16(a) of the Securities Exchange Act of 1934 (the...more

Baker Donelson

Category B Emergency Protective Measures vs. Routine Operations/Increased Operating Costs

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The FEMA Denial Pattern We Are Seeing – and How to Write a Scope That Survives Review - Recent FEMA Determination Memoranda, first appeals, and arbitration filings before the Civilian Board of Contract Appeals (CBCA) reflect...more

Bass, Berry & Sims PLC

OCR Launches Part 2 Civil Enforcement Program

On February 13, the Department of Health and Human Services Office for Civil Rights (OCR) announced a new program to implement and enforce federal requirements that protect the confidentiality of substance use disorder (SUD)...more

Krieg DeVault

U.S. Department of Labor Proposes Return to 2021 Independent Contractor Standard

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DOL’s New Proposal to Distinguish Employees from Independent Contractors - On February 27, 2026, the U.S. Department of Labor (DOL) issued a Notice of proposed rulemaking to redefine independent contractor status under...more

Warner Norcross + Judd

Court of International Trade Orders Refund of Invalid Tariffs

On March 4, the U.S. Court of International Trade (CIT) issued a significant order regarding the refund of tariffs recently ruled invalid by the Supreme Court. In Atmus Filtration, Inc. v. United States, the CIT ordered U.S....more

Bergeson & Campbell, P.C.

Senate EPW Committee Examines Draft TSCA Fee Reauthorization and Improvement Act

On March 4, 2026, the U.S. Senate Committee on Environment and Public Works (EPW) held a legislative hearing to examine a discussion draft of the Toxic Substances Control Act Fee Reauthorization and Improvement Act of 2026....more

Orrick, Herrington & Sutcliffe LLP

Court of International Trade Orders Refunds for IEEPA Tariffs

On March 4, 2026, the Court of International Trade (CIT) issued an order in a case brought by an importer seeking refunds of tariffs collected under the International Emergency Economic Powers Act (IEEPA). The CIT order...more

Perkins Coie

FTC Signals Renewed Focus on Quantifying Privacy Harms and Benefits

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During the first Trump administration, the Federal Trade Commission hosted a workshop on informational injuries, and on February 26, 2026, the agency revisited the issue in a workshop on “Consumer Injuries and Benefits in the...more

Eversheds Sutherland (US) LLP

FINRA's Enforcement Program Enhancements: A roadmap for firms

On March 2, 2026, Bill St. Louis, FINRA’s Executive Vice President of Enforcement, published a blog post outlining significant enhancements to FINRA’s Enforcement Program. These changes are part of FINRA’s broader FINRA...more

DLA Piper

EPA Proposes Revisions To The Prescriptive Risk Management Program - Implications For Chemical Incident Response And Enforcement

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On February 24, 2026, the United States Environmental Protection Agency (EPA) published a proposed rule (Proposed Rule) outlining a “common sense approach” to the Clean Air Act’s (CAA) Risk Management Program (RMP)....more

Bradley Arant Boult Cummings LLP

Access Denied: The EEOC Closes the Door to Federal Transgender Employees’ Access to Bathrooms Corresponding to Gender Identity

According to a February 27, 2026, 2-1 decision by the U.S. Equal Employment Opportunity Commission (EEOC) in Selina S. v. Dep’t of the Army, the EEOC determined that it does not constitute sex discrimination for federal...more

Perkins Coie

DOL Proposes To Reinstate Modified 2021 Framework for Independent Contractor Rule

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The U.S. Department of Labor’s Wage and Hour Division (DOL or Department) recently published a notice of proposed rulemaking (NPRM) that would rescind the Biden-era rule governing employee versus independent contractor...more

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