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Administrative Agency Updates

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

GDPR Update: Sanctions

by Dentons on

In this GDPR update, we address the sanctions supervisory authorities may impose on organisations that are non-compliant with the GDPR. Significant administrative fines and other corrective powers of the supervisory...more

Labor Board Debates Whether To Add Insult To Injury In Misclassification Debate

by Fisher Phillips on

Imagine one of your worst corporate nightmares comes true: a government body has determined that you have misclassified your workers, and they should be considered employees and not contractors. The ramifications could be...more

SEC Staff Grants a Closed-End Fund No-Action Relief Under Rule 486(b) Covering Securities Other Than Common Stock

by Dechert LLP on

The staff of the Division of Investment Management (Staff) of the U.S. Securities and Exchange Commission (SEC or Commission) on February 14, 2018 issued a no-action letter (Letter) that would specifically permit the...more

Formaldehyde Standards: Federal Court Addresses U.S. Environmental Protection Agency's Implementation Delay

The United States District Court (for the Northern District of California) issued a February 16th decision addressing a Motion for Summary Judgment filed by the Sierra Club and A Community Voice-Louisiana (“Plaintiffs”)...more

CAFC Rule 36 Judgement: 24 Hour Affirmance with No Explanation

Nothing hurts worse than a Rule 36 (single page, single sentence affirmance of the decision below) after years of work and millions of dollars spent on a case. Rule 36 makes rehearing, en banc review, and/or cert petitions a...more

HUD Issues Notice of Regulatory Waiver Requests Granted for Third Quarter 2017

by Weiner Brodsky Kider PC on

On February 9, 2018, HUD published in the Federal Register a listing of Regulatory Waivers it granted from July 1, 2017 to September 30, 2017....more

Hazardous Waste Enforcement: United States Environmental Protection Agency and Henry, Virginia Paint Manufacturer/Solvent Blender...

The United States Environmental Protection Agency (“EPA”) and Blue Ridge Solvents & Coatings, Inc. (“Blue Ridge”) entered into a February 9th Consent Agreement (“CA”) addressing alleged violations of Resource Conservation and...more

DC Circuit Court Newsflash: “Transfer” means “Transfer”

by Dechert LLP on

In an eagerly anticipated (and much speculated upon) decision, a three judge panel of the United States Court of Appeals for the District of Columbia Circuit (“DC Circuit Court”) issued a unanimous opinion on Friday, February...more

Texas Dept. of Public Safety Launches Drone Program

The Texas Department of Public Safety (DPS) has launched a new unmanned aircraft systems (UAS or drones) program for public safety purposes....more

ALJ Decision In Favor Of Union Is Vacated For -- Sexism!

Interesting. The National Labor Relations Board has vacated the decision of an administrative law judge on the ground that his credibility determinations "were based on sex stereotypes and demonstrated bias." The...more

Gavel to Gavel: Labor Board goes back to the future

by McAfee & Taft on

In its short time, the newly reconstituted National Labor Relations Board has returned to the past on important labor-management subjects. With the new administration in Washington, most observers expected the NLRB to revisit...more

PTAB Strategies and Insights - February 2018

The PTAB Strategies and Insights Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both...more

Comprehensive Environmental Response, Compensation and Liability Act/Hardrock Mining: February 21st Announcement of Declination to...

The United States Environmental Protection Agency (“EPA”) published a February 21st Federal Register Notice announcing its decision to not issue final regulations for Comprehensive Environmental Response, Compensation and...more

Be Advised: Settlement Does Not Necessarily End An IPR Or PGR

by Jones Day on

The AIA expressly anticipates and permits a patent owner and a petitioner to reach a settlement during the pendency of a post-grant proceeding. For IPRs, 35 U.S.C. § 317(a) is entitled “Settlement” and provides, in pertinent...more

Updates to USPTO eMod Project to Improve E-Filing/Managing Patent Applications

The U.S. Patent and Trademark Office (USPTO) is implementing eCommerce Modernization (eMod), as discussed at a USPTO Patent Quality Chat webinar on February 13, 2018. Highlighted features of the eMod project are described in...more

As Ninth Circuit Expands Clean Water Act Liability for Groundwater Discharges, EPA Seeks Comment on Clean Water Act Coverage

by King & Spalding on

A recent Ninth Circuit decision has expanded Clean Water Act (“CWA” or the “Act”) liability, holding that discharges to groundwater are actionable if there is a “fairly traceable” connection between the groundwater discharge...more

Federal Circuit Provides Guidance on Evidence to Satisfy Burden of Proving Infringement in Hatch-Waxman Litigations

by Locke Lord LLP on

On February 9, 2018, the Federal Circuit affirmed the District of Delaware’s holding that Merck Sharp & Dohme Corp. (“Merck”) failed to meet its burden of proving that Amneal Pharmaceuticals LLC’s (“Amneal”) ANDA product...more

The NLRB Joins the #MeToo Movement

by Kelley Drye & Warren LLP on

As we previously posted, gender discrimination issues have been a hot topic at the National Labor Relations Board (“NLRB”). Now, it seems the NLRB is even more on board the #metoo movement – but with a twist, sexual...more

NLRB Solicits Briefs On Independent Contractor Misclassification As ULP Issue

by Jackson Lewis P.C. on

National Labor Relations Board Administrative Law Judge Arthur J. Amchan had ruled in Velox Express, Inc. that misclassification of employees as independent contractors violates Section 8(a)(1) of the National Labor Relations...more

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

Cybersecurity: UK Government Releases Response to Public Consultation on NIS Directive

by Latham & Watkins LLP on

Proposed changes provide indication of the yet-to-be-published contents of the NIS Directive’s implementing regulation. The UK government moved closer to implementing the Security of Network and Information Systems...more

OCC Seeks Comments on SAFE Act’s MLO Information Collection Requirement

by Weiner Brodsky Kider PC on

The Office of the Comptroller of the Currency (OCC) recently published a notice and request for comment regarding the Secure and Fair Enforcement for Mortgage Licensing Act’s (SAFE Act) mortgage loan originator (MLO)...more

Louisiana Loses Bid To Vacate Denial Of Reconsideration Of Arbitral Decision In FEMA Assistance Dispute

by Carlton Fields on

FEMA denied a request by the Louisiana Department of Natural Resources (“LDNR”) for assistance restoring barrier islands following Hurricanes Rita and Katrina....more

Massachusetts Outlook: The Remainder of the 2017-2018 Legislative Session

With the end of the 2017-2018 legislative cycle fast approaching, Beacon Hill’s agenda for the coming months has begun to take shape. All major policymaking will need to be concluded by the end of formal sessions on July 31,...more

Three Weeks; Three Decisions Rejecting Regulatory Delays

The Trump administration. The gift that keeps on giving to bloggers. After posting last week about the order requiring DOE to send its energy efficiency standards to the Federal Register for publication, I noted that that...more

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