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Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
King & Spalding

CMS Releases Updated Guidance on State Directed Payment Programs Affected by Section 71116 of the Working Families Tax Cuts...

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On February 2, 2026, CMS issued updated guidance on Medicaid state directed payment (“SDPs”) governed by Section 71116 of the “Working Families Tax Cuts Legislation” enacted in the One Big Beautiful Bill Act (“OBBBA”). The...more

King & Spalding

FDA Issues Refuse-to-File Letter for mRNA-based Vaccine BLA

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The Food and Drug Administration (FDA) has issued a Refuse-to-File (RTF) letter to Moderna, Inc. regarding its Biologics License Application (BLA) for the investigational mRNA-based influenza vaccine “mRNA-1010.” Moderna...more

King & Spalding

FinCEN Limits Beneficial Ownership Review for Subsequent Account Openings

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On February 13, 2026, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued an exceptive relief order that streamlines customer due diligence (CDD) requirements for financial institutions...more

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

Bacteria Limits/Clean Water Act: South Essex Sewage District/Massachusetts Petition Before the U.S. EPA Environmental Appeals...

The South Essex Sewerage District (“South Essex”) filed a document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board styled: PETITION FOR REVIEW OF SOUTH ESSEX SEWERAGE...more

Polsinelli

Texas Regulatory Action Underscores Insurer Accountability for TPA Compliance

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Key Takeaways: A Florida-based insurer was recently fined by the Texas Department of Insurance for failing to ensure the competent administration of its programs by working with an unlicensed TPA and failing to conduct...more

Stikeman Elliott LLP

Classification of Employers as part of Prevention and Participation Mechanisms

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Last November, we informed you of the new occupational health and safety obligations arising from the Regulation respecting prevention and participation mechanisms in establishments (the "Regulation"), which came into force...more

Littler

Policy Week in Review – February 13, 2026

Littler on

What’s Happening in Washington, D.C. Department of Homeland Security Set to Shut Down Tonight - Given Congress’ inability to reach a funding agreement, the Department of Homeland Security is set to shut down tonight when...more

Farrell Fritz, P.C.

IRS Releases Frequently Asked Questions (“FAQ”) on Transition to Electronic Payments Under Executive Order 14247

Farrell Fritz, P.C. on

The IRS has published new FAQs explaining how Executive Order 14247, Modernizing Payments To and From America’s Bank Account (the “Order”), will reshape how taxpayers receive refunds and make payments.  The Treasury and IRS...more

Dorsey & Whitney LLP

FCA Basics: Investigations and Compliance

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This is the sixth post in the Dorsey FCANow Blog’s FCA Basics Series covering the fundamentals of the False Claims Act (“FCA”), outlining FCA procedure, and highlighting key facets of FCA practice. Today’s post discusses a...more

Perkins Coie

36TH Annual | 2026 Land Use & Development Law Briefing

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A catch-all provision in the County’s encroachment permit checklist requiring “[o]ther information as may be required” violated the Permit Streamlining Act because it failed to specify required information with sufficient...more

Hogan Lovells

U.S. Department of Education seeks comment on new federal student loan rules

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On January 30, 2026, the U.S. Department of Education (ED) published a Notice of Proposed Rulemaking (NPRM) that would implement the July 4, 2025 One Big Beautiful Bill Act’s (OBBBA) changes to federal student financial aid...more

Orrick, Herrington & Sutcliffe LLP

GAO issues report on status of CFPB’s reorganization efforts

On January 27, GAO released a report requested by a group of Democratic senators and representatives chronicling the CFPB’s reorganization efforts between February and August 2025. GAO found that during that period, the CFPB...more

Miles & Stockbridge P.C.

Federal District Court Strikes Down FTC’s Enhanced Premerger Filing Requirements

A federal district court judge in Texas has invalidated the Federal Trade Commission’s (FTC’s) revised premerger notification requirements under the Hart-Scott-Rodino Act (HSR), representing a potentially significant shift in...more

Morrison & Foerster LLP

Court Vacates the 2024 FTC HSR Filing Rule

On February 12, 2026, Judge Jeremy Kernodle of the United States District Court for the Eastern District of Texas struck down the Federal Trade Commission’s expanded Hart-Scott-Rodino (HSR) Act filing requirements that went...more

Tarter Krinsky & Drogin LLP

Are University Patents at Risk of Appropriation by the Government?

U.S. Department of Commerce Secretary Harold Lutnick announced plans that could significantly alter the ownership and commercialization of inventions arising from federally funded university research. Secretary Lutnick...more

DLA Piper

Oregon EPR: District Court Issues Preliminary Injunction Partially Halting The Plastic Pollution and Recycling Modernization Act

DLA Piper on

On February 6, 2026, the United States District Court for the District of Oregon granted a preliminary injunction preventing the Oregon Department of Environmental Quality (DEQ) from enforcing Oregon’s Plastic Pollution and...more

BakerHostetler

Federal Court Vacates and Sets Aside the New HSR Form

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A federal court in Texas has invalidated the 2024 FTC final rule that created the New HSR Forms. In October 2024, the Federal Trade Commission (FTC) promulgated a final rule that created the New HSR Forms and materially...more

Goodwin

District Court Vacates FTC’s 2024 HSR Rule Amendments

Goodwin on

The future of the 2024 amendments to the Hart-Scott-Rodino (“HSR”) premerger notification requirements (the “Final Rule”) is now in flux, following yesterday’s decision from the Eastern District of Texas that vacated the...more

WilmerHale

A Very Merry [Un]birthday to the New HSR Form: Texas Judge Vacates Final FTC Rule

WilmerHale on

On February 12, 2026, a federal judge in the Eastern District of Texas vacated the Federal Trade Commission’s (FTC) final rule promulgating a new Hart-Scott-Rodino (HSR) Act premerger notification form (Final Rule). The FTC...more

Orrick, Herrington & Sutcliffe LLP

NCUA announces fifth round of deregulatory proposals

On February 10, the NCUA announced a fifth round of proposed regulatory changes under its ongoing “Deregulation Project” seeking to reduce administrative burden and eliminate duplicative requirements for federally insured...more

Hogan Lovells

PRODUCT | Extended producer responsibility for packaging in the United States: Key elements and considerations - Product Law...

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Have you heard the term “EPR” for years but thought (hoped?) it did not apply to your company's operations? Read on for an overview of the state extended producer responsibility (EPR) requirements that have been enacted in...more

Orrick, Herrington & Sutcliffe LLP

FTC revises three rules to conform with federal court decisions

On February 12, the FTC issued a final rule in the Federal Register to conform three of its recent rules to federal court decisions, revising the Negative Option Rule and withdrawing both the Combating Auto Retail Scams Trade...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - February 2026

A disaster declaration related to the New World screwworm, an agency's adjusted approach to "no artificial colors" claims, Florida's investigation into pesticides in bread, and more....more

Orrick, Herrington & Sutcliffe LLP

CFPB union urges D.C. Circuit to uphold injunction blocking the Bureau’s shutdown

On February 2, the union representing CFPB employees filed an en banc brief in the U.S. Court of Appeals for the D.C. Circuit, urging the court to uphold the district court’s preliminary injunction preventing the executive...more

Morgan Lewis

'No Artificial Colors' Claims Get More Colorful As FDA Announces Shift Away from Petroleum-Based Food Dyes

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The US Food and Drug Administration (FDA) recently announced that brands may label their products as without “artificial colors” as long as the colors are not petroleum-based. Although this may provide limited comfort from an...more

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