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Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
Weber Gallagher Simpson Stapleton Fires &...

COVID-19: When Should a Judge be Recused? And Who is an Essential Employee?

The NJ Appellate Court recently published a case of first impression to touch on this COVID case law Guiseppe Amato v Township of Ocean School District, which dealt with two issues: whether the Judge of Compensation should...more

Saul Ewing LLP

As Changes in Washington Loom, Administrative Law Takes on New Significance

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Change in Washington, D.C. looms in light of the results of the recent presidential election. Institutions of higher education are asking what they can expect in the short term from the exiting Biden administration...more

Morris, Manning & Martin, LLP

The Most Beautiful Word? What to Expect from, and How to Prepare for, President-Elect Trump's Proposed Tariffs

With the presidential election in the rearview mirror, a new administration incoming, and a new year on the horizon, it's natural to wonder what 2025 may bring. In a speech to the Economic Club of Chicago on October 15, now...more

Bodman

Federal Court Puts Enforcement of the Corporate Transparency Act on Hold

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A federal court in Texas issued a nationwide preliminary injunction on December 3, 2024 that puts enforcement of the Corporate Transparency Act (“CTA”) on hold....more

DLA Piper

Food and Beverage News and Trends - November 2024 #2

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This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. FDA seeks input on human food export certification program. Companies that...more

DLA Piper

DC Circuit rules White House CEQ lacks statutory authority to issue binding regulations under NEPA

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A split panel for the US Court of Appeals for the District of Columbia Circuit (DC Circuit) ruled on November 12, 2024, in Marin Audubon Society, et al. v. Federal Aviation Administration, et al. (Marin Audubon Society)...more

DLA Piper

New York issues extensive new pharmacy benefit manager regulations

DLA Piper on

On November 27, 2024, the New York State Department of Financial Services (DFS) will be releasing new regulations governing pharmacy benefit managers (PBMs). Beginning with legislation in 2021, New York has been active in...more

Polsinelli

Texas Federal Court Issues Nationwide Injunction Against Enforcement of the Corporate Transparency Act

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On December 3, 2024, the U.S. District Court for the Eastern District of Texas (Sherman Division) issued a preliminary injunction in favor of the plaintiffs in the case of Texas Top Cop Shop, Inc. et al. vs. Garland (U.S....more

Dentons

Ep. 42 – Implementing the OIG’s Nursing Facility Compliance Program Guidance

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Last month the Office of Inspector General for the U.S. Department of Health & Human Services (OIG) released its first industry-specific compliance program guidance aimed at nursing facilities (both skilled and non-skilled)....more

Akin Gump Strauss Hauer & Feld LLP

FDA Issues RFI on PFAS in Seafood

On November 19, 2024, FDA issued a request for information (RFI) on per-and polyfluoroalkyl substances (PFAS) in seafood. Specifically, the agency is seeking scientific data and information from the seafood industry and other...more

Mayer Brown Free Writings + Perspectives

SEC Investor Advisory Committee to meet on Mandatory Arbitration Clauses, Alternative Investments, and Finfluencers

The Securities and Exchange Commission’s Investor Advisory Committee (the “Committee”) will meet on Tuesday, December 10, 2024, in an open meeting, that will stream on the SEC’s website.  The Committee will first hear from...more

Carlton Fields

Move Over Loper Bright — Nondelegation Doctrine Is Administrative State’s New Battleground

Carlton Fields on

Last term’s opinion in Loper Bright Enterprises v. Raimondo was a landmark in the U.S. Supreme Court’s administrative law jurisprudence, overturning 40 years of Chevron deference with a pen stroke. The Loper Bright/Chevron...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Refuses to Ignore Reference Where Patent Owner Fails to Overcome Prima Facie Evidence of ‘Different Inventive Entity’

The Patent Trial and Appeal Board determined that a reference could be used as prior art because patent owner failed to provide sufficient evidence that the prior art’s disclosure was invented by all four named inventors, and...more

Proskauer - Corporate Defense and Disputes

2024 SEC Enforcement Results – Takeaways for Fund Managers

On November 22, 2024, the SEC’s Division of Enforcement announced its Enforcement Results for Fiscal Year 2024. Below are some key takeaways for fund managers: Total enforcement actions were down from recent years. The...more

Ruder Ware

Ding Dong, the CTA is DEAD!

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A federal district court in Texas has issued a landmark decision postponing the enforcement of the Corporate Transparency Act (the “CTA”). The Court held that the CTA exceeds Congress’ power and is therefore likely...more

Akin Gump Strauss Hauer & Feld LLP

Shared Counsel and Existence of Joint Defense Agreement Insufficient to Establish Real Party-In-Interest Status

The Patent Trial and Appeal Board rejected a patent owner’s assertion that petitioner should have named a third party, which was a defendant in a related district court patent infringement litigation and a party to a joint...more

Nossaman LLP

Compliance Notes - Vol. 5, Issue 36 - December 2024

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Campaign Finance & Lobbying Compliance - On November 26, 2024, the Federal Election Commission (FEC) published in the Federal Register a Notification of Availability of a Petition for Rulemaking in response to a Petition...more

Stinson LLP

1099-K Reporting: More Time to Transition to the $600 Reporting Threshold

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In the American Rescue Plan Act of 2021, Congress and the Biden administration lowered the minimum reporting threshold for filing information returns relating to “reportable payment transactions” (a payment card is accepted...more

Cadwalader, Wickersham & Taft LLP

IOSCO’s Proposed Guidance on Pre-Hedging Practices

On November 21, 2024, International Organization of Securities Commissions (“IOSCO”) published a consultation report (the “Report”) to provide guidance on acceptable pre-hedging practices and soliciting feedback from market...more

A&O Shearman

Bank of England Updates Approach to Financial Market Infrastructure Supervision

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The Bank of England has updated its approach to financial market infrastructure supervision. The BoE states that its approach to supervision continues to be underpinned by four core principles: (i) its supervisors rely on...more

A&O Shearman

European Securities and Markets Authority Finalizes Advice on Central Securities Depositories Regulation Penalty Mechanism

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The European Securities and Markets Authority has finalized its technical advice for the European Commission on the Central Securities Depositories Regulation penalty mechanism. ESMA hopes to incentivize all actors in the...more

Bass, Berry & Sims PLC

Ninth Circuit Deflates Contractor Minimum Wage Mandate

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On November 5, the Court of Appeals for the Ninth Circuit held that the president lacks the authority under the Federal Property and Administrative Services Act (FPASA or Act) to impose a $15 minimum wage on federal...more

Bradley Arant Boult Cummings LLP

Key MHPAEA Issues for Plan Sponsors: What to Know for 2025

The Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) mandates that group health plans and health insurance issuers that offer mental health or substance use disorder (MH/SUD) benefits must provide such benefits...more

Holland & Knight LLP

Reforma normativa busca contribuir a la liquidez del mercado de valores en Colombia

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El Ministerio de Hacienda y Crédito Público de Colombia expidió el Decreto 1239 de 2024 con el objetivo de consolidar un marco regulatorio que potencie la liquidez del mercado de valores, facilitando una mejor formación de...more

WilmerHale

Standardization for Compliance in the European Union’s AI Act

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This blog post discusses harmonized standards, common specifications, and certificates in the EU’s Artificial Intelligence Act (“AI Act”). We also discuss the role of the authorities responsible for appointing conformity...more

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