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

Zafirov Decision: A Turning Point or Just Another Chapter in Qui Tam?

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A tool long-favored by the plaintiffs' bar to extract big judgments and settlements from individuals and companies – the False Claims Act (FCA) – which allows individual whistleblowers to pursue alleged civil wrongdoers in...more

Buckingham, Doolittle & Burroughs, LLC

Upcoming Deadline for Beneficial Ownership Information Reports Under the Corporate Transparency Act (CTA)

Effective January 1, 2024, the Corporate Transparency Act (the “Act”) requires many U.S. businesses to disclose information regarding their beneficial owners. Failure to comply with the Act can result in significant civil and...more

Fox Rothschild LLP

CMS to Require All Skilled Nursing Facilities to Complete Off-Cycle Revalidation

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The Centers for Medicare & Medicaid Services (CMS) recently announced it will require off-cycle revalidation of skilled nursing facilities (SNFs) through the end of 2024. During this process, CMS will collect ownership,...more

Wiley Rein LLP

DOJ’s Corporate Whistleblower Pilot Program Hits the Ground Running: Is Your Compliance Program Ready?

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The U.S Department of Justice’s (DOJ or Department) Corporate Whistleblower Awards Pilot Program (Pilot Program) has hit the ground running, reportedly triggering more than 100 reports since it went live on August 1, 2024....more

Seyfarth Shaw LLP

FinCEN's October 2024 Beneficial Ownership Information FAQ Update

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On October 3, 2024, the Financial Crimes Enforcement Network (FinCEN) issued new guidance concerning the Corporate Transparency Act (CTA) by updating and expanding on the Beneficial Ownership Information (BOI) Reporting...more

Quarles & Brady LLP

Happy Halloween: RIP to the HIPAA Privacy Rule?

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As we settle into spooky season, let’s take a minute to consider a recent development in health care privacy as we ask ourselves, is this a trick or a treat?...more

Wiley Rein LLP

New DOD Rules on Contractor Reporting and Mitigating Foreign Ownership, Control or Influence for Unclassified Contracts

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As a result of a broader U.S. government effort to address supply chain vulnerabilities, Congress passed a new law focused on U.S. Department of Defense (DOD) contracting with certain entities that operate under foreign...more

Brooks Pierce

Brooks Pierce Capital Dispatch: Legislators Approve Initial Helene Relief Package

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Legislators returned to Raleigh on Wednesday and passed a disaster relief bill (H 149) primarily focused on Hurricane Helene damage. Legislators indicated they expect to return to Raleigh on October 24 and may consider...more

Wiley Rein LLP

DOD Issues Proposed Rule to Address Conflicts of Interest for Certain Consulting Services

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Last week, the U.S. Department of Defense (DOD) published a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a statutory prohibition on DOD awarding contracts with...more

Seyfarth Shaw LLP

Maine Attorney General Convenes Working Group to Recommend Standards to Implement Right to Repair Law - Seyfarth's Future of...

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The Maine Attorney General’s Office recently announced that it has convened an 11-person working group of industry stakeholders to develop recommendations for legislation to establish an entity with rulemaking and enforcement...more

Quarles & Brady LLP

FDA Issues Broad Exemptions from DSCSA Enhanced Drug Distribution Security Requirements

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On October 9, 2024, the Food and Drug Administration (“FDA”) issued a document that provides exemptions to the enhanced drug distribution security requirements (enhanced requirements) required by section 582(g) of the Food,...more

Ward and Smith, P.A.

North Carolina Passes First Helene Emergency Relief Legislation

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The House and Senate passed the legislation unanimously yesterday afternoon, and Governor Cooper moved quickly to sign the bill into law this morning, making the bill effective today, October 10, 2024. House Bill 149...more

Seyfarth Shaw LLP

Marvel and DC Lose “Super Hero” Trademark Registration

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The U.S. Patent and Trademark Office (USPTO) has canceled long-standing trademark registrations for “Super Hero” and “Super Heroes,” which had been previously jointly owned by Marvel and DC Comics....more

Brooks Pierce

NLRB General Counsel Doubles-Down on Non-Compete Agreement—and Takes Aim at “Stay-or-Pay” Provisions

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On October 7, 2024, the General Counsel for the National Labor Relations Board (“NLRB”) issued a memorandum offering her perspective on damages employers may face when enforcing allegedly unlawful non-compete agreements, and...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - October 2024

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The U.S. Commerce Department is soliciting comments on a proposed rule to prohibit importing and selling Vehicle Connectivity System hardware and software designed, developed, manufactured, or supplied by persons owned by,...more

McDermott+

CMMI’s Accountable Care Strategy: A Perspective

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McDermott+ is pleased to bring you Regs & Eggs, a weekly Regulatory Affairs blog by Jeffrey Davis. Click here to subscribe to future blog posts. October 10, 2024 – For several years, the Center for Medicare & Medicaid...more

Foley Hoag LLP - Cannabis and the Law

New California Emergency Hemp Regulations Draw the Ire of National Hemp Trade Group and Notorious Stoners Alike

As we discussed during a recent webinar, the new emergency regulations would disrupt the existing hemp market in California and effectively ban the production and sale of all intoxicating hemp products in the state. ...more

McDermott Will & Emery

Got Pillaged? Not If You Didn’t Follow the APA and FTCA

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The US Court of Appeals for the Federal Circuit affirmed a district court decision dismissing claims under the Administrative Procedure Act (APA) and Federal Tort Claims Act (FTCA) against the US Patent & Trademark Office...more

Chambliss, Bahner & Stophel, P.C.

Corporate Transparency Act — Are you Ready for the January 2025 Deadline?

As the end of the year approaches, the Corporate Transparency Act (CTA) remains in effect despite facing legal challenges questioning its validity and constitutionality. The CTA, which took effect on January 1, 2024, requires...more

Wiley Rein LLP

SAM Registered I Am Part 3: A Journey Through the Recent Case Law, Practical Tips and Guidance for Registering in SAM, and...

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We have actively monitored the drum beat of bid protest decisions addressing lapses in an offeror’s System for Award Management (SAM.gov or SAM) registration and their impact on an offeror’s eligibility for award. More recent...more

King & Spalding

OIG Report Concludes That CMS Needs to Strengthen its Oversight of Remote Patient Monitoring

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On September 24, 2024, OIG released a report recommending that CMS exercise additional oversight of remote patient monitoring (RPM) services provided to Medicare beneficiaries. Medicare reimburses RPM for any chronic or acute...more

Dechert LLP

FTC Announces Final Changes to Hart-Scott-Rodino Reporting

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On October 10, 2024, the Federal Trade Commission (“FTC”) published the final version of changes affecting Hart-Scott-Rodino (“HSR”) reporting requirements, which were the subject of a previous Notice of Proposed Rulemaking....more

Harris Beach PLLC

Key Considerations for Selling AI Software to the Government

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The federal government is the biggest purchaser in America and that extends to the SaaS space. On September 24, 2024, the Office of Management and Budget (OMB) released Memorandum M-24-18, offering updated guidelines for the...more

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

Fort Smith Property/Cold Storage Warehouse: Arkansas Department of Energy and Environment - Division of Environmental Quality and...

The Arkansas of Energy and Environment – Division of Environmental Quality (“DEQ”) and Arkansas Refrigerated Services, Inc. (“ARS”) entered into an October 2nd Elective Site Cleanup Agreement (“ESCA”). See LIS No. 24-146....more

Mitratech Holdings, Inc

Witch Hunt or Due Process? Properly Handling Harassment Claims

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In the wake of a significant rise in harassment reports (6,000 more anonymous hotline submissions were reported in 2023 than the previous year) businesses face a critical question: How can they handle a rising volume of...more

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