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

Navigating the NY DFS Cybersecurity Amendments: A Timeline for 2024 Through 2025

Ankura on

In December 2023, the New York Department of Financial Services (NY DFS) issued amendments to the cybersecurity requirements, originally adopted in 2017, which include expanded control requirements and stricter reporting...more

Foley & Lardner LLP

President Biden Signs "Good Jobs" Executive Order and Calls for “High Labor Standards” Policy Development

Foley & Lardner LLP on

On September 6, 2024, President Biden signed the Executive Order (EO) on Investing in America and Investing in American Workers, dubbed the “Good Jobs EO.” At its core, the Good Jobs EO seeks to articulate the standards that...more

King & Spalding

CMS Issues Revised Guidance Regarding Enrollment and Conversion Process for Rural Emergency Hospitals

King & Spalding on

On September 6, 2024, CMS released revised guidance regarding the process by which rural hospitals and outpatient facilities can participate in Medicare as a Rural Emergency Hospital (REH) rather than a Critical Access...more

King & Spalding

News on Potential Relaxation of EU Green Hydrogen Rules

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In June 2023 the European Union (“EU”) adopted its definition of green hydrogen and derivatives (known as “renewable fuels of non-biological origin”, or “RFNBO”). See our previous client alert summarising the key aspects of...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Pine Bluff Vermiculite...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Sun Gro Horticulture Processing Inc. (“Sun Gro”) entered into a July 24th Consent Administrative Order (“CAO”) addressing...more

Dechert LLP

BIS Enhances Its Voluntary Self-Disclosure Process and Related Enforcement Guidance

Dechert LLP on

The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published a final rule (the “Rule”) regarding changes to the provisions of the Export Administration Regulations (the “EAR”) governing voluntary...more

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

Striped Newt/Citizen Suit Enforcement: Center for Biological Diversity Issued Notice of Intent to Sue U.S. Fish and Wildlife...

The Center for Biological Diversity (“CBD”) transmitted a 60-day Notice of Intent To Sue (“NOI”) the U.S. Fish and Wildlife Service (“Service”) for alleged violations of the Endangered Species Act (“ESA”).The alleged...more

Mayer Brown

US Department of Commerce Issues Proposal to Require Reporting Development of Advanced AI Models and Computer Clusters

Mayer Brown on

On September 9, 2024, the US Department of Commerce’s (“Commerce”) Bureau of Industry and Security (BIS) released notice of a proposed rule to create a mandatory reporting requirement for artificial intelligence (AI)...more

Akin Gump Strauss Hauer & Feld LLP

UK Government Announces New Civil Enforcement Powers on Trade Sanctions and Launch of Office of Trade Sanctions Implementation

Key Takeaways - On 12 September 2024, the UK government published the Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024 (the “Regulations”), which will come into force on 10 October 2024. The...more

Akin Gump Strauss Hauer & Feld LLP

5th Circuit Finds USF Funding Mechanism Unconstitutional in En Banc Decision

On September 9, 2024, Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel announced at an event in Washington, D.C. that the agency will be seeking Supreme Court review of a recent decision finding aspects...more

Sheppard Mullin Richter & Hampton LLP

Senators Urge Regulators to Adopt Tighter Controls for BNPL

In a letter to the CFPB released on September 10, several Senate Democrats implored the Bureau to establish stricter guardrails for BNPL providers, arguing that consumer harm will occur absent action taken to reign in the...more

Davis Wright Tremaine LLP

Basel Endgame Rules: A Change Is Coming

The Announcement and Its Sources - Last week, the vice chairman of the Federal Reserve Board, Michael S. Barr, gave prepared remarks at the Brookings Institution announcing a significant recalibration of the Fed's Basel...more

Perkins Coie

FDIC’s Proposed Changes to Custodial Deposit Accounts: Practical Implications for Fintechs and Their Banks

Perkins Coie on

The Federal Deposit Insurance Corporation (FDIC) issued a Notice of Proposed Rulemaking (the Proposal) on September 17, 2024, that seeks to strengthen recordkeeping for bank deposits held by nonbank companies on behalf of...more

Ballard Spahr LLP

CFPB Reminds Financial Institutions to Retain Records of Affirmative Consent for Overdraft Opt-in

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On September 17, 2024, the CFPB issued Consumer Financial Protection Circular 2024-05 on improper overdraft practices. The circular reminded financial institutions of their obligation to retain records that prove the consumer...more

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

Lime Manufacturing Plants/NESHAP: National Lime Association Files Petition for Review before U.S. Court of Appeals for the D.C....

The National Lime Association (“NLA”) filed on September 13th a Petition for Review (“Petition”) before the United States Court of Appeals for the D.C. Circuit challenging the United States Environmental Protection Agency’s...more

McDermott Will & Emery

Trending in Telehealth: August 26 – September 17, 2024

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Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate...more

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

Biosolids/PFAS: U.S. Environmental Protection Agency Moves to Dismiss Public Employees for Environmental Responsibility Judicial...

The Public Employees for Environmental Responsibility (“PEER”) filed in June a Judicial Action in the United States District Court for the District of Columbia (“Court”) arguing that the United States Environmental Protection...more

McDermott+

McDermott+ Check-Up: September 20, 2024

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Senate Judiciary Human Rights and the Law Subcommittee Holds Hearing on Georgia Abortion Ban. The field hearing examined how Georgia’s abortion ban impacts women’s health, and featured patient and physician witnesses. ...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Bradley...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Bradley, Arkansas entered into an August 24th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

Hall Benefits Law

Fifth Circuit Appears Skeptical of Invalidating ESG Rule Despite the Fall of Chevron

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A U.S. Court of Appeals for the Fifth Circuit panel appeared skeptical during oral arguments in which conservative states and Texas-based energy interests sought to reverse a district judge’s order upholding an environmental,...more

Jones Day

USPTO Extends Comment Deadline on Patent Eligible Subject Matter Guidance for AI Inventions

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The USPTO has extended the public comment deadline in order to afford all stakeholders an opportunity to weigh in on the subject matter eligibility of AI inventions....more

Fisher Phillips

Mexico’s Federal Judiciary Council Announces End to Judiciary Work Stoppage: Key Takeaways for Employers

Fisher Phillips on

Mexico: Courts and tribunals will resume work on September 23 after a work stoppage began on August 21 in response to the Judicial Branch Reform. Here’s what employers doing business in Mexico need to know about this...more

DLA Piper

USPTO Director’s Decision Highlights Consequences of Evidence Suppression

DLA Piper on

In a rare exercise of authority through a sua sponte director review, US Patent and Trademark Office (USPTO) Director Kathi Vidal affirmed the Patent Trial and Appeal Board (PTAB)’s decision to sanction patent owner Longhorn...more

American Conference Institute (ACI)

Developments in Global Sanctions Compliance with a Focus on Russia, Belarus and China

Sanctions imposed by the United States, the United Kingdom, and the European Union against Russia, China, and other parts of the world are fast-evolving. Such geopolitical shifts are creating new risks and placing further...more

Baker Donelson

Autonomous Vehicle Statutes and Regulations Across the 50 States

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Introduction - Fully autonomous vehicles (AVs) do not yet exist, and similarly, federal statutes and regulations to oversee AVs, also do not exist. What has resulted is a plethora of state statutes attempting to oversee AVs,...more

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