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

USPTO Expands PTAB Discretion to U.S. Manufacturing and Small Business

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Key Takeaways - The USPTO has formally expanded its discretionary framework. As of March 11, the Director will consider U.S. manufacturing footprint and small business status when deciding whether to institute IPR and PGR...more

Mayer Brown

US Senate Advances Housing Legislation that Includes a Ban on Institutional Investors Purchasing Single-Family Homes

Mayer Brown on

On March 12, 2026, the US Senate passed, by a vote of 89 to 10, bipartisan housing legislation that includes a prohibition on large institutional investors (“LIIs”) purchasing single-family homes (“SFHs”). The legislation,...more

Arnall Golden Gregory LLP

What’s New Pussycat? FDA Assists Drug Sponsors Requesting New Clinical Investigation Exclusivity

Key Takeaways - FDA explains what must be “new” to qualify for three years of non-patent market exclusivity. In a new draft Q&A guidance, FDA walks sponsors through what makes a clinical investigation “new,” how to support...more

Littler

Policy Week in Review – March 13, 2026

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Industry Groups Petition NLRB for Rulemakings - Several industry groups submitted rulemaking petitions to the National Labor Relations Board (NLRB) this week. A Petition filed on March 12 requests that the Board commence a...more

Arnall Golden Gregory LLP

New Frontier: FDA Announces Draft Plausible Mechanism Framework for Individualized Ultra-Rare Disease Therapies

Key Takeaways - FDA has proposed a Plausible Mechanism Framework for ultra-rare disease therapies. The February 2026 draft guidance explains how sponsors may demonstrate safety and effectiveness when traditional randomized...more

Mayer Brown

ANP Issues Rules on Biomethane Targets and CGOB Issuance

Mayer Brown on

On March 4, 2026, the Brazilian National Agency for Petroleum, Natural Gas and Biofuels (“ANP”) published Resolutions No. 995/2026 and No. 996/2026, which implements the National Program for Decarbonization of Natural Gas...more

Franczek P.C.

Sixth Circuit Rejects NLRB’s Cemex Bargaining Order Framework

Franczek P.C. on

On March 6, 2026, the U.S. Court of Appeals for the Sixth Circuit issued a significant decision in Brown‑Forman Corporation d/b/a Woodford Reserve Distillery v. National Labor Relations Board, rejecting the Board’s...more

Mayer Brown

Critical Minerals: "Project Vault" and the New US Critical Minerals Playbook

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The United States is taking steps to secure access to critical minerals as geopolitical competition and supply chain pressures intensify. This alert discusses Project Vault, the proposed US Strategic Critical Minerals Reserve...more

Foley Hoag LLP - Environmental Law

Massachusetts AGO Rejects Yet Another Municipal Solar and Battery Storage Moratorium

On March 11, 2026, the Massachusetts Attorney General’s Office (“AGO”) disapproved a proposed temporary zoning moratorium on large-scale solar installations and battery energy storage systems (“BESS”) in the Town of...more

Cadwalader, Wickersham & Taft LLP

SEC and CFTC Sign Updated MOU That Lays Groundwork for Joint Regulation of Crypto

On March 11, 2026, the Securities and Exchange Commission (“SEC”) and Commodity Futures Trading Commission (“CFTC”) announced that they have entered into a new Memorandum of Understanding (“MOU”) to coordinate rulemaking,...more

Bergeson & Campbell, P.C.

The Global Race on PFAS Regulation: What US Companies Need to Prepare For Now — A Conversation with Lindsay A. Holden, Ph.D. and...

This week, I had the pleasure of speaking with my colleagues, Carla N. Hutton, Senior Regulatory Analyst for B&C, and Lindsay A. Holden, Ph.D., DABT, Senior Toxicologist/Regulatory Scientist for B&C and The Acta Group...more

Krieg DeVault

IEEPA Tariff Refunds: Trade Court Sets March 19 Progress Deadline as CBP Builds CAPE Refund System

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On March 12, 2026, the U.S. Court of International Trade (“CIT”) issued an order confirming that U.S. Customs and Border Protection (“CBP”) is making “satisfactory progress” towards developing a process to issue refunds of...more

Montgomery McCracken

The 45-Day Ceiling: Why Proposed Jones Waivers Offer Little Relief to Gulf Supply Shocks

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According to recent reports, White House Press Secretary Karoline Leavitt has stated that “[i]n the interest of national defense, the White House is considering waiving the Jones Act for a limited period of time to ensure...more

Wiley Rein LLP

FTC Seeks Comment on Updates to Negative Option Marketing Rule

Wiley Rein LLP on

The Federal Trade Commission (FTC) announced on March 11, 2026 that it is seeking public comment on an Advance Notice of Proposed Rulemaking (ANPRM) regarding the agency’s Negative Option Rule (formally known as the Rule...more

Lowenstein Sandler LLP

CFTC and SEC Strengthen Regulatory Coordination Through Memorandum of Understanding

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Background - On March 11, the SEC and the CFTC (the Agencies) announced a new MOU designed to strengthen coordination between the Agencies on regulatory matters involving overlapping jurisdictions. The MOU reflects the...more

Amundsen Davis LLC

Federal Court Blocks NLRB Rule That Made Union Recognition Easier

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A federal appeals court has invalidated a National Labor Relations Board (NLRB) standard that eased a union’s path to recognition. On March 6, 2026, the Sixth Circuit U.S. Court of Appeals ruled that the NLRB overstepped its...more

Jackson Walker

How Companies can Protect their Rights to IEEPA-based Tariff Refunds

Jackson Walker on

On February 20, 2026, the Supreme Court ruled (6-3) that IEEPA does not allow the President to impose tariffs. See our prior publication on this decision here: Supreme Court Rules IEEPA Does Not Authorize Tariffs. The...more

Greenberg Glusker LLP

California’s Textile EPR Law Approaches Its First Compliance Deadline

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CalRecycle has selected Landbell USA to serve as the Producer Responsibility Organization (“PRO”) for California’s Responsible Textile Recovery Act of 2024, also known as SB 707. SB 707 was enacted with the purpose of...more

Akin Gump Strauss Hauer & Feld LLP

SEC Adopts Final Rules Requiring Section 16(a) Reporting for Directors and Officers of FPIs, and Provides Exemptive Relief for FPI...

On February 27, 2026, the SEC adopted final amendments to its rules and forms under the Exchange Act to implement the HFIA Act. As we discussed in our December 2025 alert, the HFIA Act was enacted on December 18, 2025, as...more

Akin Gump Strauss Hauer & Feld LLP

DOJ Speaks with One Voice: What the New Department-Wide CEP Means for Corporate Self-Disclosure

On March 10, 2026, the U.S. Department of Justice (DOJ) published its “first-ever” Department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy (the “Department-wide CEP”), which will apply to all corporate...more

Vorys, Sater, Seymour and Pease LLP

Pennsylvania Releases New Rates for Service Coordinators: Appeals Deadline April 7, 2026

On Friday, March 7, 2026, Pennsylvania’s Office of Development Programs (ODP) published final fee schedule rates for supports coordination (SC) and targeted supports management (TSM) services provided under Pennsylvania’s...more

Downs Rachlin Martin PLLC

New Vermont PUC battery Rule

After five years and numerous fits and starts, the Vermont PUC’s final rules on storage projects have been approved and issued in final form. The new rules – PUC Rule 9.000 – are effective May 1, 2026....more

FBT Gibbons LLP

To File or Not to File: Is CIT Litigation Necessary to Get Your IEEPA Tariffs Refunded?

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On February 20, 2026, the U.S. Supreme Court rendered its landmark decision striking down tariffs purportedly authorized by the International Emergency Economic Powers Act (IEEPA) in Learning Resources, Inc. v. Trump....more

McCarter & English, LLP

2025 NJ Statutory Updates: Part 1

2025 was another busy year for the New Jersey legislature in proposing and finalizing bills impacting health care. In this multipart update, we discuss the new bills and their impact on the healthcare industry in New Jersey....more

Bressler, Amery & Ross, P.C.

Broker-Dealers: FINRA Looking Forward with Enforcement Enhancements

Last week, Bill St. Louis, FINRA’s Executive Vice President of FINRA’s Enforcement Department, published a blog titled “Enhancing Our Enforcement Program.”...more

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