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

D.C. Circuit Invalidates Portion of FCC's 2015 Declaratory Ruling & Order Implementing the TCPA

by WilmerHale on

On March 16, 2018, the D.C. Circuit issued its long-awaited ruling in ACA International, et al. v. FCC, et al., No. 15-1211, resolving a series of challenges to the July 10 2015 Declaratory Ruling & Order of the Federal...more

D.C. Circuit Issues Long-Awaited Decision in ACA Challenge to FCC TCPA Rulemaking

by Goodwin on

On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit issued its long-awaited decision in ACA International v. FCC, invalidating several key pieces of the FCC’s 2015 Telephone Consumer Protection Act (TCPA)...more

D.C. Circuit Court of Appeals Sets Aside FCC’s Definition of “Called Party” Under the TCPA—What Comes Next?

by Dorsey & Whitney LLP on

The Telephone Consumer Protection Act (“TCPA”) makes it unlawful to make autodialed calls without the prior express consent of the “called party.” 47 USC §227(b)(1)(A). ...more

New USPTO Specimen Pilot Program

by Knobbe Martens on

On March 6, 2018 the USPTO announced that it has started a pilot program that makes it easy to report specimens that have been digitally created, altered or fabricated. Third parties that believe that an application contains...more

US Mayors Join Net Neutrality Cause

by Morgan Lewis on

As of this past Monday, 11 US mayors have signed a pledge defending “net neutrality” in their cities and towns. The pledge, titled “Cities Open Internet Pledge,” was introduced by Mayors Bill de Blasio of New York, Ted...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

It’s a bit more overtly political than business-oriented, but given China’s economic might, we felt it worth noting that China’s Communist Party has cleared the way for President Xi Jinping to “stay in power indefinitely” by...more

Pesticide/FIFRA Enforcement: U.S. Environmental Protection Agency and Amazon Services, LLC Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Amazon Services, LLC (“Amazon”) entered into a February 14th Consent Agreement (“CA”) addressing alleged violations of the Federal Insecticide, Fungicide, and...more

White House Releases Fiscal Year 2019 Budget (Plus an Infrastructure Proposal)

Fiscal Year 2019 Budget - The White House has unveiled President Trump’s budget proposal for Fiscal Year 2019, entitled Efficient, Effective, Accountable: An American Budget. The Administration has worked for...more

Dietary Supplement & Cosmetics Legal Bulletin | February 2018

FDA Issues Draft Guidance for Homeopathic Drug Products - The U.S. Food and Drug Administration (FDA) has issued draft guidance, "Drug Products Labeled as Homeopathic," that would prioritize enforcement and regulatory...more

Trade & Manufacturing - February 2018

by King & Spalding on

Trump Administration Imposes Tariffs On Imported Large Residential Washing Machines And Imported Solar Cells And Modules - On January 22, 2018, the Office of the United States Trade Representative (USTR) announced that...more

Media Coalition Gains Access to Sealed Warrant Materials in Las Vegas Mass Shooting

by Ballard Spahr LLP on

A Las Vegas judge, at the urging of a coalition of news media organizations and over the objection of police, today ordered the release of sealed search warrant materials connected to the investigation of the largest mass...more

Beware! A Trademark Trial and Appeals Board Decision Can Stop You in Your Tracks

by Knobbe Martens on

It has been a few years since the Supreme Court decision in the case B&B Hardware, Inc. v. Hargis Industries, Inc., and we are beginning to see the aftermath in the district courts. In B&B Hardware, the Supreme Court held...more

TMEP § 818 – A Valuable Resource for Trademark Practitioners

by Workman Nydegger on

Trademark Manual of Examining Procedure (“TMEP”) § 818 entitled “Application Checklist” is a valuable resource for understanding some of the most important code sections in United States trademark law relating to trademark...more

After the Supreme Court Touchdown, Washington Redskins Are Finally Winning at the Fourth Circuit and the PTO

Two incredible things happened in 1992 for the NFL football team Washington Redskins. It won the Super Bowl and applied to register a trademark Washington Redskins. It has not been so lucky ever since. It has not won another...more

Food & Beverage Litigation Update | January 2018 #3

House Panel Questions FDA Officials on Food-Recall Audit - One day after the U.S. Food and Drug Administration (FDA) issued draft guidance on proposals to expedite product warnings and recalls, FDA and other health...more

Update on Floating Warehouses and Drone Delivery

by Robins Kaplan LLP on

In the age of instant gratification, retail giants are turning to technology to fill customers’ orders as quickly as possible. The once-unimaginably-fast two-day shipping standard is starting to seem outdated and sluggish....more

Attacks Mount Against FCC After Repeal of Net Neutrality Rules

by Partridge Snow & Hahn LLP on

The Federal Communications Commission’s (“FCC”) repeal of net neutrality in December was certainly not the final word on the matter. The FCC’s decision to roll back Obama-era rules prohibiting paid preferences, throttling and...more

FDA 2017 Year in Review

by McDermott Will & Emery on

The US Food and Drug Administration’s (FDA’s) 2017 regulatory agenda was marked by inactivity in the months following the presidential inauguration. Since FDA Commissioner Scott Gottlieb’s Senate confirmation in May 2017, the...more

You Have Goat to be Kidding Me

Billie Goat Tavern & Grill in Chicago has sued St. Louis-based The Billie Goat Chip Company for trademark infringement, claiming the sale of Billie Goat Chips in Illinois and elsewhere is causing confusion with their tavern....more

In Re: Erik Brunetti

by Knobbe Martens on

Federal Circuit Summaries - Before Dyk, Moore, and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary: The bar in § 2(a) of the Lanham Act against registering immoral or scandalous trademarks is an...more

Advertising of unapproved therapeutic goods may soon be permitted

by Dentons on

Therapeutic Goods Amendment (2017 Measures No. 1) Bill 2017 and Therapeutic Goods (Charges) Amendment Bill 2017 (collectively, the Bills) propose to bring significant changes to the Therapeutic Goods Act 1989 (the TG Act) and...more

New York Governor Bolsters Freedom of Information Law

by Ballard Spahr LLP on

Champions of government oversight notched a significant win this week as New York Governor Andrew Cuomo signed legislation strengthening that state's Freedom of Information Law (FOIL). ...more

Dietary Supplement & Cosmetics Legal Bulletin | December 2017

by Shook, Hardy & Bacon L.L.P. on

Sen. Hatch Introduces New Bill Regulating Cosmetic Safety - Sen. Orrin Hatch (R-Utah) has introduced legislation aiming to modernize cosmetics regulation, proposing amendments to the Federal Food, Drug and Cosmetic Act...more

Copyright Liability Safe Harbor Treatment Requires Action by December 31, 2017 for Many

by Nutter McClennen & Fish LLP on

Website or information “service providers” who in the past have made hard-copy filings to designate agents to take advantage of the “safe harbor” liability shield provision under the Digital Millennium Copyright Act (DMCA)...more

Financial Services Report – Winter 2017

by MoFo Reenforcement on

EDITOR’S NOTE - The holidays came early for the financial services industry. First, the Senate voted to repeal the CFPB’s rule banning class waivers in arbitration agreements in consumer financial contracts. Then,...more

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