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Williams Mullen

Environmental Notes - October 2024

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EPA Proposes Removing Affirmative Defense Provisions from Eighteen Clean Air Act Emission Standards - In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for...more

Ballard Spahr LLP

VA Documentation Requirements for Allowable Fees

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In Circular 26-24-19, the Department of Veterans Affairs (VA) sets forth documentation requirements for fees and charges that may be imposed on veterans in connection with VA-guaranteed home loans, other than the VA funding...more

Ballard Spahr LLP

FDIC board approves NPRM that would increase recordkeeping for custodial accounts

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On September 17, 2024, the FDIC board approved a notice of proposed rulemaking that would increase recordkeeping obligations for bank deposits received from third party, non-bank companies that accept those deposits on behalf...more

Troutman Pepper

USTelecom Urges FCC to Reconsider Proposed Anti-Robocall Rules

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On September 19, USTelecom — The Broadband Association (USTelecom), a major telecommunications trade organization, sent a letter to the Federal Communications Commission (FCC) expressing its concerns about the proposed...more

Ballard Spahr LLP

Federal District Court on September 23, 2024, entered final judgement in favor of the CFPB in lawsuit challenging its small...

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Judge Randy Crane (E.D. Tex) ruled on August 26, 2024 that the CFPB did not exceed its authority under Dodd Frank when it issued its final Section 1071 small business lending rule. The court also rejected other Administrative...more

Troutman Pepper

CFPB Launches Public Comment Process for Open Banking Standard Setter Recognition

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On September 24, the Consumer Financial Protection Bureau (CFPB or Bureau) announced a significant development in its efforts to implement open banking rules in the United States. The Bureau has initiated a public comment...more

Akin Gump Strauss Hauer & Feld LLP

This Week's Climate Policy Update - September 2024 #2

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

Goldberg Segalla

New York Freedom of Information Law Amendment Mandates New Policy

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New York’s Freedom of Information Law (FOIL) is the state version of the federal Freedom of Information Act, commonly referred to as FOIA. New York’s FOIL has experienced dramatic changes in recent years. As previously...more

McDonnell Boehnen Hulbert & Berghoff LLP

Mapping the Rise in State-Level AI Regulation in the US: September 2024 Review

This year has witnessed a rapid increase in legislation seeking to study and regulate machine learning and artificial intelligence (AI) models. So far in 2024, Congress has doubled the number of proposed bills seeking to...more

Bradley Arant Boult Cummings LLP

Mississippi Attorney General Deems Hemp Beverages Impermissible in Controversial Opinion, Highlighting Ongoing Tension Between the...

I guess if you do this job long enough, you’ll see just about everything. This time, it’s the attorney general of Mississippi wading into the legality of beverages containing hemp. And it’s a doozy....more

Woodruff Sawyer

D&O Risk and Insurance in a Post-Chevron World

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To modify an old saying: “Nothing is certain but death, taxes...and corporate opposition to government regulations.” Over the decades, companies and interest groups have frequently challenged government regulations in...more

Wiley Rein LLP

Biden Administration Announces Changes to De Minimis Trade Exemptions to Address Unfair and Unsafe Imports into the United States

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On September 13, 2024, the White House announced that it will take several steps to crack down on use of the “de minimis exemption” for imports of unsafe and unfairly traded goods. The de minimis exemption currently allows...more

GeoDataVision

The Killer ORLA Concept in the new CRA Rule

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Readers of this article may think I am referring to Orcas, sometimes known as “killer whales.” But what I am referring to is the new form of Assessment Area in the 2023 CRA Rule. However, the analogy/metaphor may be...more

Jones Day

Lack of Injury In Fact Scuttles Appeal

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The Federal Circuit dismissed Platinum Optics Technology Inc.’s (PTOT) appeal from an IPR decision, finding the challenged claims of Viavi’s U.S. Patent No. 9,354,369 not unpatentable, because PTOT failed to establish an...more

Rivkin Radler LLP

New York Tax Continues to Inconvenience Nonresidents Working Remotely

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Last Friday, New York’s Governor Hochul delivered the following remarks at the annual meeting of the Business Council of New York State:“Someone asked me today, are we going to raise income taxes? I said, ‘I’m not raising...more

Brownstein Hyatt Farber Schreck

End-of-Year Outlook in Health Care

As we near the end of the 118th Congress and head into a lame duck session postelection, policymakers are eyeing opportunities to reauthorize health programs that expire in December and also pass larger health reforms before...more

Ballard Spahr LLP

FDIC Issues Notice of Proposed Regulations for Enhanced Recordkeeping for Third-Party Custodial Accounts

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On September 17, 2024, the FDIC board approved a notice of proposed rulemaking that would increase recordkeeping obligations for bank deposits received from third party, non-bank companies that accept those deposits on behalf...more

Hinch Newman LLP

FTC Compliance Attorney on Common Mistakes Made by Business Coaching Program Providers

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The FTC continues to prioritize the investigation of online business coaching and mentoring programs, particularly business coaching scams that promise guaranteed income, large returns, “proven systems,” free or low-cost...more

Holland & Hart - Employers' Lawyers

Demystifying Qualifications for PWFA

Question: Do employees have to be employed for 12 months or work 1,250 hours to qualify for the Pregnant Workers Fairness Act (PWFA), or do they qualify as soon as they begin employment?...more

Lowenstein Sandler LLP

District of Oregon Holds Corporate Transparency Act Likely Constitutional; Denies Preliminary Injunction

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On September 20, the District Court for the District of Oregon denied a motion for a preliminary injunction enjoining enforcement of the Corporate Transparency Act (CTA) on the basis that the plaintiffs’ claim that the CTA...more

King & Spalding

EPA Approves Indirect Source Rule to Reduce Emissions from Warehouses in Southern California Air District, Potentially Paving the...

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On September 11, 2024, the U.S. Environmental Protection Agency (“EPA”) approved under the Clean Air Act (“CAA”) an indirect source rule that is intended to reduce emissions associated with warehouses located within the South...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Senate: Carbon Scoring Act of 2024 Introduced

On September 12th, legislation denominated the Carbon Scoring Act of 2024 (“Act”) was introduced in the United States Senate...more

Pillsbury Winthrop Shaw Pittman LLP

Venture Capital Fund Manager Considerations for Accepting SSBCI-Related Capital Commitments

The U.S. Treasury Department’s SSBCI program provides a potentially significant source of capital for venture capital fund managers. In particular, venture capital funds focused on targeted geographies may find SSBCI...more

King & Spalding

UK Launches New Office of Trade Sanctions Implementation for Civil Enforcement of Trade Sanctions

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On 12 September 2024, the UK Government published The Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024 (“the Regulations”), which provide the regulatory framework for the Office of Trade Sanctions...more

Mitchell, Williams, Selig, Gates & Woodyard,...

GenX/Safe Drinking Water Act: Federal Appellate Court Addresses Reviewability of Health Advisory

The United States Court of Appeals, Third Circuit (“Court”) addressed in a July 23rd Opinion an issue arising out of publication of a health advisory by the United States Environmental Protection Agency (“EPA”). See Chemours...more

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