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Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
K&L Gates LLP

Is It the End of the False Claims Act As We Know It? District Court Rules Qui Tam Provisions Unconstitutional

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In a first-of-its-kind ruling on 30 September 2024, Judge Kathryn Kimball Mizelle of the US District Court for the Middle District of Florida held in United States ex rel. Zafirov v. Florida Med. Assocs., LLC that the qui tam...more

Troutman Pepper

DOJ Updates Guidance on Corporate Compliance Programs With Focus on AI

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On September 23, Principal Deputy Assistant Attorney General Nicole M. Argentieri announced that the U.S. Department of Justice (DOJ) updated its guidance on the Evaluation of Corporate Compliance Programs (ECCP). The DOJ’s...more

Manatt, Phelps & Phillips, LLP

CMS Releases Guidance Outlining Expectations for State Compliance with Medicaid & CHIP Renewal Requirements

On September 20, 2024, the Centers for Medicare & Medicaid Services (CMS) issued guidance detailing the timeline and expectations for states to fully comply with federal Medicaid and Children’s Health Insurance Program (CHIP)...more

Littler

Sixth Circuit Clarifies Employer’s Bargaining Obligations During Public Health Emergencies

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In National Labor Relations Board v. Metro Man IV, LLC, Case No. 07-CA-264407 (6th Cir. Aug. 29, 2024), the U.S. Court of Appeals for the Sixth Circuit partly upheld and partly reversed a National Labor Relations Board...more

Cadwalader, Wickersham & Taft LLP

What the CFPB Has Been up To

Checking in on what the Consumer Financial Protection Bureau (“CFPB”) has been up to for the last month, in case you missed it (and with some commentary)...more

Steptoe & Johnson PLLC

NLRB: Use of Non-Compete and "Stay-or-Pay" Clauses May Trigger Significant Monetary Consequences for Employers

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On October 7, National Labor Relations Board (NLRB) General Counsel Jennifer A. Abruzzo issued Memorandum GC 25-01, reinforcing and expanding previous positions on how certain restrictive covenants may violate the National...more

Holland & Knight LLP

Avance en el gigantesco proyecto para el tratamiento de aguas residuales en Bogotá

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El Tribunal Administrativo de Cundinamarca de Colombia ha levantado la medida cautelar sobre la Planta de Tratamiento de Aguas Residuales (PTAR) Canoas, permitiendo así avanzar en su proceso de construcción en Bogotá. Este...more

Baker Donelson

FEMA is Making Post-Disaster Mitigation Less Expensive for Applicants

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With disasters increasing in frequency, severity, and cost, the Federal Emergency Management Agency (FEMA) has a new financial incentive for applicants to rebuild in ways that will make them more resilient in the face of a...more

Clark Hill PLC

California’s Landmark Climate Disclosure Laws: State Affirms Disclosure Deadlines

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On Sept. 27, California Governor Gavin Newsom signed into law Senate Bill (SB) 219, a bill that, among other things, affirms the mandatory disclosure deadlines for California’s landmark carbon accounting laws. In addition to...more

Baker Donelson

Landslides and Slope Failures: Navigating FEMA Eligibility in the Wake of Hurricane Helene

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Landslides and slope failures resulting from disasters cause millions of dollars in damage to infrastructure each year. Following a disaster, funding for repair and restoration of infrastructure, including roads and bridges,...more

Manatt, Phelps & Phillips, LLP

Court Finds Cellphones Covered By TCPA, But Tosses Suit

Despite holding that cellphone users are not “categorically excluded” from the TCPA, a New York federal court granted a defendant’s motion to dismiss after determining the complaint failed to allege that the defendant was...more

McDermott Will & Emery

Tirzepatide Shortage Resolved

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On October 3, 2024, the US Food and Drug Administration (FDA) revised its shortage categorization of tirzepatide, a glucagon-like peptide 1 (GLP-1) medication, marking the shortage as “resolved” for all presentations of the...more

Akin Gump Strauss Hauer & Feld LLP

California to Increase State Pay-to-Play Limit in 2025

Last week, California Governor Gavin Newsom signed a new law that amends key provisions of the state’s pay-to-play statute which limits political contributions by state and local contractors and their agents....more

Ruder Ware

NLRB Seeks Aggressive Enforcement Against Employers for Unlawful Non-Compete and “Stay-or-Pay” Provisions

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Even after a Federal District Court judge in Texas struck down the looming FTC Ban on non-competes this past August, non-competes are still a hot topic in labor news. On Monday, Jennifer Abruzzo, the National Labor Relations...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – October 2024 #2

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Department of Health and Human Services (HHS) Interim Final Rule: Adoption of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards - On October 2, HHS published an interim...more

Axinn, Veltrop & Harkrider LLP

Presidents and Precedents May Direct Khan’s Future Course

Federal Trade Commission Chair Lina Khan's term as a member of the commission technically expires on Sept. 25. This does not mean she has to pack her bags. Instead, several scenarios could unfold. It is conceivable that...more

BCLP

Sexual Harassment - The Preventative Duty

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After a slightly extended summer break, we return with a summary of the new sexual harassment rules due to come into force in just over two weeks....more

Crunched Credit

The Administrative Illuminati in Pursuit of Command and Control (Or the Unmentionable in Hot Pursuit of the Inedible with...

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The way we regulate rarely works terribly well for the regulator or the regulated.  Yet, we keep doing it the same way…a subspecies of insanity to be sure.   As an example, has anyone out there in CRE land taken a gander at...more

Williams Mullen

PODCAST: Williams Mullen's Benefits Companion - Tax Relief and Possible Retirement Plan Resources for Hurricane Victims

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On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Kyle Wingfield, a partner in Williams Mullen’s Tax Section, who discusses the recently announced IRS tax relief for residents impacted...more

Jones Day

PTAB Deems Rule Set File A Printed Publication

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The Patent Trial and Appeal Board (PTAB) in an inter partes review: Keysight Technologies, Inc. and Palo Alto Networks, Inc. v. Centripetal Networks, LLC found a rule set file used by a network security program to be a...more

Carlton Fields

Going Up: SEC Cyber Incident Reporting - Regulation S-P Amendments Take It to Next Level

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On May 16, 2024, the SEC breathed new life into its decades-old Regulation S-P, which requires firms to adopt policies and procedures for the protection of customer information and records. The amended rule balloons the...more

Ankura

FDA Will Now Regulate Laboratory Developed Tests

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On April 29, 2024, the Food and Drug Administration (FDA) announced a final rule to consider laboratory-developed tests (LDTs) to be medical devices and thus under FDA oversight. LDTs are laboratory tests that are designed,...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Hot Springs Sawmill...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and USNR, LLC d/b/a Timber Automation, LLC (“USNR”) entered into a September 25th Consent Administrative Order (“CAO”) addressing...more

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

Lead and Copper Rule/Safe Drinking Water Act: U.S. Environmental Protection Agency Finalizes Strengthening Provisions

The United State Environmental Protection Agency (“EPA”) announced on October 8th a pre-publication version Federal Register Notice of what it denominates as the final “Lead and Copper Rule Improvement” (“LCRI”). EPA’s...more

Pillsbury - CommLawCenter

FCC Provides Stations Affected by Hurricanes Helene and Milton More Time to Upload Third Quarter Issues/Programs Lists

Following the devastation wrought by Hurricane Helene across the American southeast and in anticipation of Hurricane Milton’s arrival, the FCC has announced an extension of the deadline to upload Third Quarter Issues/Programs...more

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