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Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
Pillsbury - Bid Protest Debrief

Late Is Still Late: GAO Dismisses Two Protests in One Week for Timeliness Failures

Twice in one week, GAO dismissed bid protests as untimely, with each case highlighting a different but equally unforgiving timeliness trap. In ASG Solutions Corp., B-424053 (Jan. 16, 2026), the protester mistakenly assumed it...more

Hogan Lovells

Branching off: The restructuring of the DOJ’s Consumer Protection Branch and what it means for companies

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In September 2025 – with little fanfare – the Consumer Protection Branch (CPB or the branch), an influential arm of the U.S. Department of Justice (DOJ), was dissolved and its functions divided between the DOJ's Criminal and...more

Morgan Lewis

Federal Circuit Finds ‘Configured to’ Means ‘Capable of’ in Patent Obviousness Appeal

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The US Court of Appeals for the Federal Circuit recently affirmed that, absent specification language supporting a narrower interpretation, the patent claim terms “configured to” and “configured for” are properly construed to...more

Katten Muchin Rosenman LLP

New Year New Risk Assessment - Key Learning Points from Ofcom’s Year 1 Online Safety Risk Assessments Report

The UK's online safety regulatory framework reached a significant milestone in 2025 with the first wave of risk assessments submitted under the Online Safety Act (OSA). Ofcom has now published its Year 1 Online Safety Risk...more

Bergeson & Campbell, P.C.

House Hearing Memorandum Lists Witnesses for Hearing on Legislation to Modernize TSCA

The House Committee on Energy and Commerce posted a Hearing Memorandum on January 20, 2026, for the January 22, 2026, hearing entitled “Chemicals in Commerce: Legislative Proposal to Modernize America’s Chemical Safety Law,...more

Latham & Watkins LLP

US Data Center Demand White House and Governors Issue Principles While PJM Issues Decisional Letter

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On January 15, 2026, National Energy Dominance Council (NEDC) Chairman and US Interior Secretary Doug Burgum, NEDC Vice Chairman and US Energy Secretary Chris Wright, and the governors of the states located in the PJM...more

Morgan Lewis

DOL Updates FY 2026 Health Plan Enforcement Priorities: What Employers Need to Know

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The US Department of Labor’s Employee Benefits Security Administration (EBSA) has announced updated enforcement priorities for fiscal year 2026. These changes signal where EBSA will focus its investigative and enforcement...more

Alston & Bird

Biological Products Regulation Part 2: What Is the Regulatory Pathway for Biological Products?

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Welcome to Alston & Bird’s introduction to biological products regulation. In this five-part intro-level series, we provide answers to a number of questions drug developers may have about the regulation and regulatory pathway...more

Warner Norcross + Judd

ICE at the Door? A Practical (and Calm) Refresher for Employers

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Recent headlines about heightened immigration enforcement activity — particularly across Minnesota, Illinois and Michigan — have prompted a familiar question from HR and leadership teams: Are we actually ready if ICE shows...more

Gordon Rees Scully Mansukhani

HHS and DEA Extend Telemedicine Flexibilities for Prescribing Controlled Medications Through 2026

The U.S. Department of Health and Human Services (HHS), working with the Drug Enforcement Administration (DEA), has issued a fourth temporary extension of telemedicine flexibilities, first introduced in response to the...more

K&L Gates LLP

BIOSECURE Act: What You Need to Know

K&L Gates LLP on

The National Defense Authorization Act for Fiscal Year 2026, signed into law on 18 December 2025, includes the BIOSECURE Act (the Act), which establishes a new framework governing the use of certain biotechnology equipment...more

Hogan Lovells

OIG says Discount Safe Harbor protects some market share discounts, confirms scope of protection for bundled discounts in...

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In an advisory opinion published at the end of 2025, the U.S. Department of Health and Human Services Office of Inspector General (OIG) addressed—to a degree—several longstanding questions under the Discount Safe Harbor to...more

Beveridge & Diamond PC

TCEQ Overhauls Compliance History: Expanded Violation Scoring and Repeat Violator Trigger Levels Pose Risk

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On January 14, 2026, the Texas Commission on Environmental Quality (TCEQ) adopted revisions to its compliance history rating scheme. Prompted by the Texas Sunset Advisory Commission’s 2022 10-year review of TCEQ, the adopted...more

Katten Muchin Rosenman LLP

Supreme Court to Decide Fate of SEC’s Disgorgement Power

The U.S. Supreme Court is set to resolve a critical circuit split over whether the Securities and Exchange Commission (“SEC”) must prove that investors were actually harmed to force wrongdoers to disgorge ill-gotten gains....more

Troutman Pepper Locke

EPA’s Proposed CWA 401 Rule Narrows Scope of State Reviews, Reins in Timelines

Troutman Pepper Locke on

On January 15, 2026, the Environmental Protection Agency (EPA) published the long-awaited proposed rule Updating the Water Quality Certification Regulations (Proposed Rule), which, if adopted, would largely reinstate the...more

Lowenstein Sandler LLP

Environmental Justice Is Here To Stay (in New Jersey at Least): Appellate Division Affirms NJDEP’s EJ Rules

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The New Jersey Department of Environmental Protection’s (NJDEP) groundbreaking Environmental Justice Rules (EJ Rules), codified at N.J.A.C. 7:1C, went into effect on April 17, 2023, following the passage of New Jersey’s...more

Morrison & Foerster LLP - Government...

End of an Era: State of Recertification Regulations Grace Period

The Small Business Administration (“SBA”) grace period for implementation of its new recertification regulations ended as of January 17, 2026. As we previously advised, last year SBA substantially rewrote its recertification...more

Ballard Spahr LLP

CFPB Blasts Former Bureau Leadership For ‘Regulatory Overreach’

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The CFPB, under former Director Rohit Chopra, regularly engaged in regulatory overreach, the Bureau’s current leadership said in its semi-annual report, covering the period from April 1- September 30, 2024. “As indicated...more

Husch Blackwell LLP

MSHA Announces Shift Towards Online Filing of Form 7000-2

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On January 8, 2026, the Mine Safety and Health Administration (MSHA) issued a communication encouraging electronic filing of the Quarterly Mine Employment and Coal Production Report (MSHA Form 7000-2). This transition to...more

Womble Bond Dickinson

Industry Guidance for Online Gaming Products

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On January 16, 2026, the Nevada Gaming Control Board (“Board” or “NGCB”) issued Notice 2026-04, providing significant new guidance for Nevada gaming licensees and applicants involved in online gaming products offered in...more

Moritt Hock & Hamroff LLP

New York Limited Liability Company Transparency Act In Effect As Of January 1, 2026, But Its Applicability Is Currently Limited

Enacted in late 2023, the New York Limited Liability Company Transparency Act (the “NYS CTA”) goes into effect on January 1, 2026. Modeled on the federal Corporate Transparency Act (the “Federal Act”), the NYS CTA was...more

McGuireWoods LLP

Federal Student Aid Pauses Enforcement of Parent Liability Rule for Now, Posing Questions About What’s Next

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On Jan. 16, 2026, Federal Student Aid (FSA) announced that it will no longer enforce a rule requiring ownership entities, including corporations and limited liability companies, to sign a Program Participation Agreement (PPA)...more

PilieroMazza PLLC

No Interest, No Protest: The Critical Importance of Understanding the “Interested Party” Standard

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Last week, the Supreme Court declined to review Percipient.ai, Inc. v. United States, 153 F.4th 1226 (Fed. Cir. 2025), a high‑profile Federal Circuit decision that limits who may bring a protest at the U.S. Court of Federal...more

Herbert Smith Freehills Kramer

US Citizenship And Immigration Services Premium Processing Fees Set To Increase In March 2026

The U.S. Department of Homeland Security announced a final rule that will increase premium processing fees in order to adjust for inflation. Effective March 1, 2026, the premium processing fee for the majority of eligible...more

Proskauer - Labor Relations Update

The Board is Back: NLRB Resumes Decisions, Affirms Regional Directors’ Authority Without a Quorum

On January 15, 2026, the National Labor Relations Board (“NLRB” or the “Board”) issued its first published decision with a new quorum. In Satellite Healthcare, 374 N.L.R.B. No. 25, the Board held that Regional Directors...more

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