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Administrative Agency Professional Malpractice

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
Mandelbaum Barrett PC

New Jersey’s New Hemp Regulations Create More Problems Than They Solve

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Governor Phil Murphy’s signing of Senate Bill 3235 on September 12, 2024, represents a significant shift in the regulation of intoxicating hemp products in New Jersey. The original intention of the bill was to restrict sales...more

Bennett Jones LLP

CSA Seeks Comments on Proposed Access Model: Modernized Approach for Delivery of Continuous Disclosure

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As an update to our previous blog posts, Greater Flexibility for Reporting Issuers: Access Equals Delivery and CSA Seeks Comments on “Access Equals Delivery” Model for Prospectuses, Financial Statements and MD&A, the Canadian...more

DLA Piper

USPTO Issues Final Rule Regarding Process for Director Review

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US Patent and Trademark Office (USPTO) Director Kathi Vidal recently issued a new final rule establishing the process for Director Review of some Patent Trial and Appeal Board (PTAB) decisions. This final rule, effective...more

Clark Hill PLC

2025 Economic Package: Key Changes in Tax Matters

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On Nov. 15, the Federal Executive Branch presented the Economic Package for 2025 (“EP 2025”) to Congress, which estimates around 294 billion United States Dollars (“USD”) in tax revenue. The EP is a set of proposals,...more

Downey Brand LLP

EIR Upheld for Sand and Gravel Mine; Lead Agency Allowed to Recover Administrative Record Costs

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In Yolo Land and Water Defense v. the County of Yolo (2024 105 Cal.App.5th 710, the Third District Court of Appeal upheld the County’s EIR for a sand and gravel mine, known as the Teichert Shifler Mining and Reclamation...more

Clark Hill PLC

Paquete Económico 2025: Principales Modificaciones en Materia Fiscal

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Nota: El 15 de noviembre de 2024, el Ejecutivo Federal presentó ante la Cámara de Diputados el Paquete Económico para el 2025 (“PE 2025”), mismo que contempla 5.3 billones de pesos en ingresos tributarios. El paquete...more

Bass, Berry & Sims PLC

PCAOB Delays NOCLAR Rulemaking to 2025 Amid Controversy and Election-Year Dynamics

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The Public Company Accounting Oversight Board (PCAOB) delayed the adoption of a final rule with respect to its June 2023 proposal (Proposal) to increase auditors’ responsibility to evaluate and disclose a public company’s...more

Patterson Belknap Webb & Tyler LLP

Appeals Court Rules on Police Power and the Automatic Stay

The Bankruptcy Code provides immediate and automatic protection to a debtor upon the filing of a bankruptcy petition, staying legal claims and debt collection efforts against a debtor—subject to certain exceptions. See 11...more

Sullivan & Worcester

EPA Proposes New Stormwater Regulations for Three Boston Area Watersheds

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On October 31, 2024, Region 1 of the United States Environmental Protection Agency (“EPA”), which covers the New England states, proposed sweeping new requirements to regulate stormwater discharges from certain commercial,...more

Bradley Arant Boult Cummings LLP

Pass the FLSA Sauce! 5 Employment Law Happenings That May Make You Thankful

With Thanksgiving right around the corner, now is the perfect time to reflect on things for which we have to be thankful. In the ever-evolving world of labor and employment law, there have been several significant...more

Erise IP

What’s Trending in Trademarks: November 2024: Injunction Upheld in OpenAI v. Open AI; USPTO Modifies Audit Practice to Target...

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: 9th Cir....more

Holland & Knight LLP

Adding Fuel to the Fires Calling for Permitting Reform

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In a surprise decision likely to add further fuel to the fires calling for permitting reform and uncertainty to the environmental review process for federal funding and approval, the U.S. Court of Appeals for the District of...more

Holland & Knight LLP

CDPAP Fiscal Intermediary Takes Aim at DOH's Competitive Bidding Process

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Another day, another legal challenge to New York's overhaul of the Consumer Directed Personal Assistance Program (CDPAP). In an emergency petition filed Nov. 25, 2024, by the state's largest fiscal intermediary (FI), Freedom...more

Laner Muchin, Ltd.

FLSA Salary Minimum Will Not Increase on January 1, 2025: Laner Muchin Law Firm | Attorneys

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On November 15, 2024, a Texas federal judge struck down a rule finalized earlier this year by the U.S. Department of Labor (USDOL) that increased the minimum salary requirements to be considered an exempt employee under the...more

Benesch

Pick A State, But Not Just Any State: Key Considerations For Motor Carriers and Private Fleet Operators When Choosing Which State...

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Motor carriers and private fleet operators need to weigh several critical factors when deciding where to register and plate their motor vehicles and equipment (trailers, flatbeds, tanker units, etc.).  Selecting the right...more

Miles & Stockbridge P.C.

Interim Rule Clarifies Requirements for Registration in System for Award Management

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The Federal Acquisition Regulatory (FAR) Council issued an interim rule earlier this month revising FAR 52.204-7 to require offerors to be registered in System for Award Management (SAM) at two points in time: “[1] when...more

Smart & Biggar

Health Canada releases notice on aligned reviews between Health Canada and health technology assessment organizations

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On November 5, 2024, Health Canada released the Notice to industry: Aligned reviews between Health Canada and health technology assessment organizations.According to the notice, effective immediately, the option for aligned...more

Knobbe Martens

FDA Provides Perspective on Goals and Challenges for Regulation of Artificial Intelligence in Medical Devices, Drug Design, and...

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A recent article authored by Haider J. Warraich, MD; Troy Tazbaz; and Robert M. Califf, MD in the Journal of the American Medical Association, reviews the history of artificial intelligence (AI) regulation by the U.S. Food...more

Vinson & Elkins LLP

Ephemeral Sweeps: President-Elect Trump’s SEC Expected to Abandon Probes into Use of WhatsApp and “Off-Channel” Messaging...

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After a three-year crackdown on the use of “ephemeral” electronic messaging platforms by the United States Securities and Exchange Commission (“SEC”) under Chair Gary Gensler, early indications are that the incoming Trump...more

Lathrop GPM

USPTO Announces Patent Fee Hikes for 2025

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The United States Patent and Trademark Office (USPTO) announced on Wednesday that patent-related fees will be raised starting January 19, 2025 to offset forecasted increases in operating cost....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

New USPTO Trademark Filing Fees Take Effect January 18 2025

On November 18, 2024, the USPTO issued a final rule to increase certain trademark filing fees. The fees will take effect January 18, 2025. A full list of the changes, including some discontinued filing options, can be...more

BCLP

PFAS in Groundwater: State-by-state Regulations - November 2024

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In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more

Hinshaw & Culbertson - Employment Law...

Federal Court Strikes Down Overtime Rule: What Employers Need to Know

On November 15, 2024, a federal district court in Texas struck down the U.S. Department of Labor ("DOL") Final Rule that would have made over four million additional workers eligible for overtime pay. The Final Rule...more

Vorys, Sater, Seymour and Pease LLP

Ohio Supreme Court Issues Ruling in Closely Watched Workers’ Compensation Case

The Ohio Supreme Court issued its opinion yesterday (November 26, 2024) in the AutoZone case (State ex rel. AutoZone Stores, Inc. v. Indus. Comm., Slip Opinion No. 2024-Ohio-5519). The decision is favorable to employers who...more

BakerHostetler

What a Second Trump Administration Could Mean for Tobacco Industry Regulations

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As the tobacco industry anticipates a second Trump administration, it’s banking on what some public health experts describe as his unpredictable approach to regulation. Trump’s history of abrupt policy shifts makes tobacco...more

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