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Administrative Agency Updates

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

SANDAG RTP/SCS EIR Redux: Is Fourth District’s Published Opinion on Remand Constructive CEQA Compliance Lesson or Moot Exercise?

by Miller Starr Regalia on

When it comes to CEQA cases, some courts don’t seem to know when to stop beating a dead horse. So it may be with the Fourth District Court of Appeal’s 43-page, published, 2-1 majority decision, accompanied by a 4-page...more

White House Announces Vulnerabilities Equities Policy and Process

by Balch & Bingham LLP on

On November 15, 2017, the Trump administration released the Vulnerabilities Equities Policy and Process. This documents describes the process by which U.S. agencies and departments determine whether to disclose or restrict...more

Pentagon Web Monitoring Data Exposed

Security researcher Chris Vickery has confirmed that web-monitoring data from the Department of Defense (DOD) was exposed through Amazon Web Services by the way the DOD configured access by authorized users. According to...more

InterConnect FLASH! No. 64 - NLRB Rules against Employee Status for Menard’s Drivers

by Benesch on

A National Labor Relations Judge dismissed an action brought by the National Labor Relations Board (“NLRB”) regional director against Menard, Inc. (“Menards”) for misclassifying its independent contractor (“ICs”) drivers in...more

Did you hear about the statistician who drowned in a lake with an average depth of two feet?

by Fenwick & West LLP on

I was reminded of this question, often posed by my dad to remind me not to become a slave to statistics, by two dramatic things that happened last week. On the one hand, at the IAM 2017 Patent Law and Policy conference in...more

Updated USPTO Patent Fee Schedule Includes Significant Increases and Additions

by Ballard Spahr LLP on

The U.S. Patent and Trademark Office (USPTO) last week established an updated patent fee schedule, effective January 16, 2018. The updated schedule provides for a modest increase for most fees—but also more significant...more

Court May Seek Clarification From Agency Regarding Issue In Pending Litigation

by Perkins Coie on

The Sixth District Court of Appeal held that a trial court in a mandamus action had the inherent power to remand to the Board of Supervisors for clarification regarding an ambiguous general plan consistency finding. The...more

PTAB Issues New Remand Procedures

by Knobbe Martens on

On November 16, 2017, the USPTO issued new procedures (“Standard Operating Procedure 9”) for governing cases remanded from the Federal Circuit. These procedures are applicable to all decisions remanded from the Federal...more

USPTO Patent Fees To Go Up January 2018

by Foley & Lardner LLP on

While Congress is trying to pass a tax reform bill that would cut corporate taxes, USPTO patent fees will increase effective January 16, 2018. The 72% jump in the Inter Partes Review request fee has gotten the most attention,...more

Tasting Notes: When Alcohol Goods and Services Descriptions Matter

by Winthrop & Weinstine, P.A. on

On December 11, I will be presenting a CLE on Brewery and Distillery Law, discussing trademark issues affecting breweries and distilleries. One of the topics that I’ll spend some time on during that presentation – and one...more

FDA Creates Streamlined Review Pathway for Certain NGS-Based Tumor Profiling Tests

by McDermott Will & Emery on

On November 15, 2017, the FDA announced the clearance of a tumor profiling test under a novel, streamlined FDA premarket review pathway for certain next generation sequencing (NGS)-based tumor profiling tests. The creation of...more

Home Health Payment Rule Published

by Baker Ober Health Law on

On November 1, 2017, CMS released the Final Rule for the 2018 home health prospective payment system rate update, including the CY 2019 case mix adjustment methodology refinements. CMS also made changes to the Value Based...more

Ready to Release a New Pharmaceutical? What to Think About When Selecting Your Drug Name

by Foley & Lardner LLP on

Pharmaceutical name clearance in the United States can be complicated. This post aims to provide insight into the regulatory safety review process and the trademark registration process for candidate drug names. This...more

Weekly Update Newsletter - November 2017 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - “Mid-Sized Businesses: Too Big to be Small and Too Small to be Big” House Small Business Committee Press Release, November 14, 2017. Retrieved from smallbusiness.house.gov The House Committee on...more

National security reviews 2017: A global perspective — France

by White & Case LLP on

Following the Montebourg Decree in 2014, the scope of activities covered by national security reviews has been significantly extended to several key industries...more

Maine WC Appellate Division Rejects Petitions for Individual Permanent Impairment Raitings in the Face of a Prior Combined Rating

by PretiFlaherty on

In Puiia v. NewPage Corp., an employee sustained respiratory injuries in 2001 and 2004, and a back/neck injury in 2005. In 2009, NewPage filed petitions to determine Permanent Impairment for all injuries. ...more

To Disclose or Not To Disclose: The FTC’s Dueling Concurrences over Deceptive Omissions in Lenovo

On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo, Inc., regarding the company’s practice of pre-loading advertising software on its...more

The Board Gives Section 325(d) Sharp Teeth—Part II – The Petitioner's Criticality to Selecting and Using The Right Prior Art

This is the second of a three-part series discussing developments around Section 325(d). Part one appeared in our October 2017 newsletter and part three will appear in our December 2017 newsletter....more

Jumping into the Deep End: Amendment Practice Post-Aqua Products

by WilmerHale on

In the U.S. Court of Appeals for the Federal Circuit’s recent en banc decision in Aqua Products, a deeply fractured court provides a glimpse into the perspectives that some of the judges have on post-grant practice at the...more

FDA Issues Warning Letters To Cannabidiol Product Manufacturers Over Health Claims

by Farrell Fritz, P.C. on

On November 1, 2017, the Food and Drug Administration (FDA) published a release concerning its issuance of warning letters to four companies concerning the marketing of products containing cannabidiol (CBD)....more

P3 Lawyer Appointed Federal Railroad Administration Chief Counsel

by Nossaman LLP on

President Trump recently appointed former Seyfarth Shaw LLP (“Seyfarth”) attorney Juan D. Reyes, III as Chief Counsel of the Federal Railroad Administration (“FRA”). Mr. Reyes was previously a partner in the real estate...more

November 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new restrictions on Cuba travel, DOT’s Small Community Air Service Development Grant Program, new DOT drug testing requirements for safety-sensitive...more

Florida Legislature Tackles Public Record and Meeting Laws

by Bilzin Sumberg on

As the 2018 legislative session approaches, Florida legislators have been busy introducing and considering new legislation regarding public records and public meetings. Some of this legislation is expansive, and its adoption...more

HUD Webinar on RAD Construction Completion Certification & Minority Concentration Analysis Mapping Tool

by Ballard Spahr LLP on

On Thursday, November 9, 2017 HUD hosted a live webinar to provide an overview and discussion of the recently developed Completion Certification and the RAD Minority Concentration Analysis Tool. A video of the webinar can be...more

AG Sessions Speaks. No More Guidance. Make It So.

Last week, Attorney General Sessions sent a memorandum prohibiting the use of guidance in place of notice and comment rulemaking “when purporting to create rights or obligations binding on members of the public or the...more

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