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

The City of Euless Repeals Texas’s Only Predictive Scheduling Ordinance

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The Euless, Texas Fair Overtime and Scheduling Standards Ordinance that imposed predictive scheduling obligations on covered employers is no more. The Unusual Origin of the Ordinance...more

Miller Starr Regalia

Third Time’s the Charm: Third District Crowns State the Winner By Legislative Decree In Third Published CEQA Decision Arising From...

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“Do not go gentle into that good night. Rage, rage against the dying of the light.” – Dylan Thomas. In a published decision filed October 7, 2024, the Third District Court of Appeal affirmed the trial court’s judgment...more

Seyfarth Shaw LLP

DOD Proposes Regulatory Changes To Streamline Cost Or Pricing Data Requirements

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On September 26, 2024, the Department of Defense (DOD) issued a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Acts (NDAA) for...more

Goldberg Segalla

New York Employers Should Be Mindful of New Break and Leave Laws Affecting Pregnant and Nursing Employees

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Effective June 19, 2024, New York Labor Law § 206-c was amended to provide employees a 30-minute paid break to express breast milk. This 30-minute paid break time to express milk in the workplace is applicable to all public...more

Troutman Pepper

FERC Accepts SPP's Proposed Tariff Revisions Allowing Make-Whole Payments

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On September 19, 2024, FERC approved Southwest Power Pool, Inc.’s (“SPP”) proposed tariff revisions allowing make-whole payments for incremental energy costs for offers affected by the incremental energy offer cost caps...more

K&L Gates LLP

UK Office of Trade Sanctions Implementation New Enforcement Powers and Increased Reporting Obligations

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On 12 September 2024, the UK government released the new Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024 (the Regulations), which will come into force on 10 October 2024. The Regulations grant the...more

Jones Day

DOJ and FTC Release Final Rule Expanding HSR Premerger Filing Requirements

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The Federal Trade Commission ("FTC") unanimously issued a final rule expanding the requirements of premerger filings under the Hart-Scott-Rodino Antitrust Improvements ("HSR") Act of 1976. The HSR Act requires parties to...more

Seyfarth Shaw LLP

NADA Faces Skeptical Fifth Circuit Panel On Challenge To FTC New Car Dealer Rule - Seyfarth's Future of Automotive Series

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On October 9, 2024, the Fifth Circuit heard oral argument on the administrative challenge lodged by the National Automobile Dealers Association (NADA), a national trade association representing the interests of U.S. car...more

Ballard Spahr LLP

Practical Pointers for Compliance With New MHPAEA Regulations

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The Departments of the Treasury, Labor, and Health and Human Services have published final regulations under the Mental Health Parity and Addiction Equity Act that prohibit group health plans and health insurers from imposing...more

McDermott Will & Emery

New Premerger Notification Regime to Fundamentally Change M&A Strategy

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On October 10, 2024, the Federal Trade Commission (FTC) voted 5-0 to issue new final rules (Rules) governing the US premerger notification filing process. These Rules – the first major overhaul to the Hart-Scott-Rodino (HSR)...more

Perkins Coie

New White House Requirements for Government Procurement of AI Technologies: Key Considerations for Contractors

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The White House Office of Management and Budget (OMB) recently released Memorandum M-24-18, which directs how federal agencies will procure artificial intelligence (AI) technologies. M-24-18 and its accompanying fact sheet,...more

Bass, Berry & Sims PLC

False Claims Act Decisions to Know from Q3 2024

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Courts have addressed multiple False Claims Act (FCA) issues in the third quarter of this year. Below is a summary of top cases involving the constitutionality of the FCA’s qui tam provisions, the FCA’s scienter requirement,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Timeline Set for UK Cybersecurity and Resilience Reforms

On 30 September 2024, the UK Department of Science, Innovation and Technology announced that the Cyber Security and Resilience Bill (Bill) will be introduced to Parliament in 2025. The Bill was first announced in the King’s...more

Troutman Pepper

FERC Dismisses Challenges Related to Market-to-Market Coordination over Data Center-Constrained Flowgate

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On September 10, 2024, FERC issued an Order denying two complaints. The first complaint was filed on January 23, 2023 by Montana-Dakota Utilities Company (“MDU”) against Midcontinent Independent System Operator, Inc....more

A&O Shearman

Single Resolution Board Adapts MREL Policy to Align with the Daisy Chains Directive

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The Single Resolution Board has published a communication on the changes to its minimum requirements for own funds and eligible liabilities policy to be implemented in line with the "Daisy Chains Directive" (Directive (EU)...more

Bradley Arant Boult Cummings LLP

No. 8 Employers Have 15 Working Days to Contest a Citation but Have the Option to Negotiate a Settlement with OSHA Before That...

What happens if OSHA issues a citation and you do not agree with any or all of it? You have 15 working days from the date you receive the citation to contest in writing the citation, proposed penalty, and/or the abatement...more

Lowenstein Sandler LLP

TD Bank to Pay Historic $3 Billion Over AML Compliance Violations

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On October 10, 2024, multiple U.S. federal and state agencies cumulatively fined a number of US based Toronto Dominion Bank subsidiaries (collectively, TD Bank or the Bank) more than $3 billion after finding that TD Bank...more

MG+M The Law Firm

Did EPA Violate Statutory Authority in Promulgating PFAS MCLs?

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On October 7, 2024, two groups of plaintiffs challenged the United States Environmental Protection Agency’s (EPA) April 26, 2024, rule that established Maximum Contaminant Levels (MCLs) for certain per-and polyfluoroalkyl...more

Willcox & Savage

Trademark Board Finds No Sovereign Immunity to Opposition Proceeding

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The Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office (“USPTO”) ruled that a state agency has no sovereign immunity to a trademark opposition proceeding. Mountain Gateway Order, Inc. v....more

Seyfarth Shaw LLP

Dealer Group Sues FTC to Enjoin Administrative Proceeding Over Alleged Junk Fees and Discriminatory Lending Practices - Seyfarth's...

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On October 4, 2024, Asbury Automotive Group, a Fortune 500 company and one of the largest automobile dealer groups in the United States, sued the Federal Trade Commission (FTC) to enjoin as unconstitutional the FTC’s...more

Ballard Spahr LLP

FTC Finalizes Comprehensive Overhaul of Premerger Notification Requirements

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The Federal Trade Commission (FTC) finalized a comprehensive overhaul of the premerger notification program. Firms considering a merger or acquisition that meets the filing thresholds should prepare for a more onerous...more

Pillsbury Winthrop Shaw Pittman LLP

The Beginning of the End for the USPTO’s After Final Consideration Pilot Program 2.0

The decision to end the program follows public resistance to a proposed fee structure aimed at offsetting its high administrative costs. The U.S. Patent and Trademark Office (USPTO) extended the After Final Consideration...more

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

Lead and Copper Rule Improvements/Safe Drinking Water Act: U.S. Environmental Protection Agency Announces $29,810,000 in Funding...

The United States Environmental Protection Agency (“EPA”) issued an October 9th press release titled: Biden-Harris Administration Protects Communities from Lead in Drinking Water, Announces $29,810,000 in Funding to...more

Jones Day

Supreme Court Denies Cellect Petition on Interplay Between PTA and ODP

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The Supreme Court denies Cellect LLC's petition for certiorari to consider whether patent term adjustment ("PTA") should be included in patent term for obviousness-type double patenting ("ODP") purposes....more

Troutman Pepper

FERC Denies CPower’s Complaint Requesting Revisions to PJM’s Tariff Governing Curtailment Service Providers

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On September 19, 2024, the Federal Energy Regulatory Commission (“FERC”) denied Enerwise Global Technologies, LLC’s (“CPower”) complaint against PJM Interconnection, LLC (“PJM”) alleging that PJM’s Open Access Transmission...more

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