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Troutman Pepper

CFPB Releases New Circular on Opt-In Requirements for Overdraft Services

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On September 17, the Consumer Financial Protection Bureau (CFPB or Bureau) published Circular 2024-05 (Circular) addressing whether a financial institution violates the Electronic Fund Transfer Act (EFTA) and Regulation E by...more

Burr & Forman

Federal Agency Deference Eliminated, Now What?

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On June 28, 2024, the U.S. Supreme Court issued a decision that overrules the “Chevron doctrine.”  This means that federal agencies are limited in their ability to rely on their own interpretation of the laws they...more

Troutman Pepper

FDIC and OCC Finalize New Guidelines on Bank Mergers

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Yesterday, both the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) finalized new guidelines regarding bank mergers. According to the agencies, these updates aim to enhance...more

Troutman Pepper

FDIC Proposes New Rule to Strengthen Recordkeeping for Third-Party Deposits

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On September 17, the Federal Deposit Insurance Corporation (FDIC) announced a notice of proposed rulemaking (Proposal) aimed at enhancing recordkeeping for bank deposits received from fintech and other third-party, non-bank...more

Holland & Knight LLP

U.S. Government Plans to Restrict Low-Value Imports Under De Minimis Exemption

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Under the current de minimis rule, shipments with an aggregate value up to $800 per day per person can be imported free of duties and taxes, except for antidumping and countervailing duties and taxes collected by other...more

Holland & Knight LLP

Tribal GWE Proposed Regulations Are an Overdue Win for Indian Country

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The U.S. Department of the Treasury and IRS on Sept. 17, 2024, issued Proposed Regulations on the Tribal General Welfare Exclusion Act of 2014 (the Act). The Proposed Regulations are an overdue win for Indian country,...more

McDermott+

Responses to the PFS Proposed Reg Are In: 10 Major Comments

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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. September 19, 2024 – Comments on the calendar year (CY) 2025 physician fee...more

Foley Hoag LLP - Environmental Law

We’re From the Government and We’re Here to Help You; NPDES Permit Flexibility Edition

Inside EPA (subscription required) reported this week that a group of Democratic state attorneys general have filed an amicus brief supporting EPA’s appeal of a 9th Circuit Court of Appeals decision holding that EPA had...more

Bradley Arant Boult Cummings LLP

Chevron Is Dead, but the Department of Labor Still Has Some Gas! 5th Circuit Upholds DOL Salary Requirement

What about those salary thresholds for white-collar employees? Although they have been challenged, they are alive and kicking. Last week, the United States Court of Appeals for the Fifth Circuit affirmed that the Department...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, Issue 5, September 2024

Welcome to our fourth issue of The Health Record - our healthcare law insights e-newsletter. In this edition, we take a look at the Biden administration's proposed insurance rule regarding mental health and substance use...more

A&O Shearman

FINRA Beats First Post-Jarkesy Challenge

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On September 4, 2024, Judge John Murphy of the U.S. District Court for the Eastern District of Pennsylvania dismissed on jurisdictional grounds the first post-Jarkesy constitutional challenge to FINRA’s disciplinary...more

Faegre Drinker Biddle & Reath LLP

Los Angeles County Fair Chance Ordinance – Summary of New Requirements

As of September 3, 2024, employers in the unincorporated areas of Los Angeles County must comply with the Los Angeles County Fair Chance Ordinance (FCO), which places restrictions on criminal background screening beyond those...more

A&O Shearman

FAQs: FCA “home visits”

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Post-pandemic most firms have settled into permanent hybrid working arrangements. Two years after the FCA published its statement reminding firms of its ability to visit “any location where work is performed […] including...more

Foley Hoag LLP - Cannabis and the Law

Showdown in the Show Me State – New Hemp Executive Order Sparks Litigation and Subsequent Clarification from MO DHHS

On September 17, 2024, the Missouri Department of Health and Senior Services (“DHSS”) published a letter clarifying its enforcement policy concerning certain psychoactive hemp products that were the target of recent executive...more

Foley Hoag LLP

SJC Rules that Employees Do Not Accrue Benefits During Massachusetts Paid Family & Medical Leave

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In its September 13, 2024 decision in Bodge et al. v. Commonwealth et al., SJC-13567 (2024), the Massachusetts Supreme Judicial Court (“SJC”) ruled that an employer’s policy of denying the accrual of certain benefits to...more

A&O Shearman

Nine months of progress – President Biden’s Landmark AI Executive Order

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Daren Orzechowski Alexander Touma Jack Weinert Daren Orzechowski, Alex Touma, and Jack Weinert examine the progress made by US federal agencies towards achieving the directives set forth in President Biden’s Landmark...more

WilmerHale

Political Event Contract Update: Previewing Tomorrow’s Kalshi v. CFTC Appellate Court Hearing

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As we have previously noted, the Commodity Futures Trading Commission (CFTC) continues to face legal challenges to its regulatory approach to political event contracts. The past two weeks have seen a flurry of activity in the...more

Bradley Arant Boult Cummings LLP

DEA Announces Marijuana Rescheduling Hearing Following Elections and the Stakes Are Hugely Consequential

There’s a great scene towards the end of The Shawshank Redemption – which Budding Trend readers know is one of the greatest films ever made – where the character played by Tim Robbins encourages the Morgan Freeman character:...more

Knobbe Martens

Test Anxiety: FDA Issues Warning Letters to Test Laboratories

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The Food and Drug Administration (FDA) recently issued warning letters to two third-party nonclinical testing laboratories. The FDA cited the laboratories for “oversight failures and animal care violations that raise concerns...more

Fenwick & West LLP

USPTO Issues New Rules Governing MTA Practice and Procedures at PTAB

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The United States Patent and Trademark Office (USPTO) has announced new rules governing amendment practice in trial proceedings under the America Invents Act (AIA), making certain provisions of the motion to amend pilot...more

Maison Law

California SB 961 to Require Passive Speed Limiters in New Cars

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The California Department of Transportation (Caltrans) reports that motor vehicle crashes in California claim 3,600 lives and injure 13,000 annually with 887 of those deaths being attributed to speeding. According to the...more

PilieroMazza PLLC

SBA Proposed Changes to 8(a) Program Impacts Applicants and Participants

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As PilieroMazza noted recently, the Small Business Administration (SBA) released a major proposed rulemaking that will impact government contractors, including those that are participants in or seeking to be admitted to the...more

Fox Rothschild LLP

The EEOC Continues to Challenge Leave Policies as Discriminatory

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The U.S. Equal Employment Opportunity Commission (EEOC) continues its focus on challenging employment leave policies as discriminatory under the Americans with Disabilities Act (ADA)....more

Foley Hoag LLP

Climate Law Matters: Energy & Climate Newsletter - September 2024

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In this Issue: Permitting Reform, the Supreme Court, EV’s, and Climate Week 2024 - After nearly a decade as New York State’s environmental chief, I recently joined Foley Hoag to help the firm’s clients emerge as global...more

MG+M The Law Firm

The Chevron Ruling Shake Up: US Air Force Avoids PFAS Water Clean Up

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The overturning of the “Chevron Doctrine” is already making waves. The US Air Force is refusing to comply with an EPA clean-up order, claiming federal regulators lack authority. In brief, here is the timeline of events: •...more

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