News & Analysis as of

Administrative Procedure Act

Ballard Spahr LLP

FinCEN’s Southwest Border Geographic Targeting Order Faces Challenges in Texas and Southern California

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In March, we wrote about the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) issuing a Geographic Targeting Order (GTO) aimed to combat Mexican-based drug cartels. The GTO signals Treasury’s efforts to...more

Miller Canfield

One-Two Punch Delivered to Department of Education on DEI

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On April 24, 2025, the U.S. District Courts for the District of New Hampshire and the District of Maryland issued separate orders blocking enforcement of all, or large portions of, the Dear Colleague Letter (“DCL”) issued by...more

Bradley Arant Boult Cummings LLP

What Recourse Does a Federal Grant Recipient Have If Its Grant Is Terminated?

When a federal agency terminates a grant award, the consequences can be severe for the recipient. Whether you’re a nonprofit, research institution, public entity, or otherwise, a sudden termination can disrupt operations,...more

Sheppard Mullin Richter & Hampton LLP

CFPB to Revoke Medical Debt Collection Advisory Opinion

On April 11, the CFPB filed a joint motion in the U.S. District Court for the District of Columbia indicating its intent to revoke an advisory opinion on medical debt collection. The Bureau requested a stay of litigation...more

Orrick, Herrington & Sutcliffe LLP

CFPB gets its credit card late fee rule tossed

On April 15, the U.S. District Court for the Northern District of Texas vacated the CFPB’s Credit Card Late Fee Rule pursuant to a joint motion for entry of consent judgment reached by the parties. The court found the CFPB’s...more

Jones Day

Judge Blocks FDA Regulation of Laboratory-Developed Tests

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On March 31, 2025, a judge in the Eastern District of Texas struck down a 2024 Final Rule (the "Final Rule") by the Food and Drug Administration ("FDA") that exerted jurisdiction over the regulation of laboratory-developed...more

Mintz - Health Care Viewpoints

Deregulatory Push by Trump Administration Picks Up Speed

It’s no secret that President Trump, his Cabinet, and other executive branch leaders are prioritizing deregulatory activities over more historical federal governance approaches. Indeed, one of President Trump’s earliest...more

Mayer Brown

Recent US GAO Decision Reinforces that US COFC’s Decisions are Not Binding on GAO as a Bid Protest Forum

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On April 23, 2025, the Government Accountability Office (“GAO”) released a public decision dismissing a reconsideration request filed by 4K Global-ACC JC, LLC. The decision is noteworthy because in rejecting the request for...more

Robins Kaplan LLP

Vanda Pharms., Inc. v. FDA

Robins Kaplan LLP on

Hetlioz® (tasimelteon) - Case Name: Vanda Pharms., Inc. v. FDA, Civ. No. 23-280 (TSC), 2025 WL 485401 (D.D.C. Feb. 13, 2025) (Chutkan, J.) Drug Product and Patent(s)-in-Suit: Hetlioz® (tasimelteon); U.S. Patent No. , a...more

McGuireWoods LLP

Role of USPTO’s Delegated Rehearing Panel Changing With New Administration

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Coke Morgan Stewart, named on Inauguration Day 2025 as deputy director of the U.S. Patent and Trademark Office (USPTO) and now serving as acting director of the USPTO, has already indicated that she will manage Director...more

Latham & Watkins LLP

Trump Administration Pursues Deregulation in a Trio of Orders

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The orders span various sectors and aim to introduce sunset provisions into regulations and eliminate regulations deemed unlawful or anti-competitive....more

McDermott Will & Emery

The Employee Retention Credit: IRS’s “Risking” Model Faces Legal Challenge

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Case: ERC Today LLC et al. v. John McInelly et al., No. 2:24-cv-03178 (D. Ariz.) In an April 2025 order, the US District Court for the District of Arizona denied a motion for a preliminary injunction filed by two tax...more

Stevens & Lee

Presidential Memorandum Calls for Scrutiny and Fast-Track Repeal of Regulations

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President Trump issued a Memorandum on April 6 directing the heads of all executive departments and agencies to identify on a fast-track basis (60 days) certain categories of “unlawful and potentially unlawful” regulations...more

McCarter & English, LLP

Texas District Court Vacates FDA’s Final Rule Expanding Oversight to Laboratory Tests in Hospitals

In our May 2024 Healthcare Alert, we discussed a final rule published by the US Food and Drug Administration (FDA) amending its regulations to include in vitro diagnostic products (IVDs), even those manufactured in a...more

Shipkevich PLLC

Connecticut Supreme Court Clarifies Attorney Exemption in Debt Negotiation Enforcement Action

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On April 8, 2025, the Connecticut Supreme Court, in Commonwealth Servicing Group, LLC v. Department of Banking, issued an opinion that only attorneys and law firms are permitted to claim the attorney exemption from the...more

Pillsbury - Gravel2Gavel Construction & Real...

Presidential Memo Directs Immediate Repeal of Regulations Without Public Notice and Comment

Continuing with the Trump administration’s deregulatory agenda, the White House issued a Presidential Memorandum on April 9 titled Directing the Appeal of Unlawful Regulations. It instructs executive agencies to repeal...more

Holland & Knight LLP

CFPB Credit Card Late Fees Rule Vacated by Texas District Court

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On April 15, 2025, Judge Mark T. Pittman of the U.S. District Court for the Northern District of Texas entered an order and final judgment vacating the CFPB's credit card penalty fees rule (the Late Fee Rule). Judge Pittman's...more

Seyfarth Shaw LLP

The New Risk for Global Talent: F-1 SEVIS Terminations and Student Visa Revocations

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Over the past several months, international students in F-1 status have experienced heightened scrutiny. Increasing numbers of reports indicate that students are facing visa revocations and the termination of their records in...more

Snell & Wilmer

Supreme Court Upholds ATF Rule Regulating Weapon Parts Kits and Unfinished Frames or Receivers as “Firearms”

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In a significant ruling, the Supreme Court affirmed the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to regulate weapon parts kits and unfinished frames or receivers as “firearms” under the Gun...more

Morgan Lewis

Federal Court Blocks FDA’s Final Rule on LDTs: Key Considerations for Clinical Labs

Morgan Lewis on

The US District Court for the Eastern District of Texas issued a pivotal ruling in the consolidated lawsuit American Clinical Laboratory Association v. US Food and Drug Administration (FDA) challenging FDA’s final rule to end...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Recent Updates at the U.S. Patent Trial and Appeal Board

Recent changes at the U.S. Patent Trial and Appeal Board (PTAB) have brought uncertainty to inter partes review and post-grant review practitioners before the U.S. Patent and Trademark Office (PTO). These procedural and...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: The Federal Circuit Confirms That Commission Cannot Be Compelled to Issue Sua Sponte Order

The Federal Circuit upheld the ITC Commission’s discretionary power not to issue sua sponte orders to show cause why a party has not committed sanctionable conduct under Commission Rules or to explain its reason for not...more

Morrison & Foerster LLP - Government...

Deregulating Federal Procurement: Implications of Three Recent Executive Actions

The Administration signed two Executive Orders (EOs or “Orders”) and one Presidential Memorandum (“Memo”) on April 9, 2025, that aim to make federal procurements faster and more efficient: 1.Modernizing Defense...more

Carlton Fields

FDA v. Wages and White Lion Investments: A Reminder of the Deference to Agency Determinations Post-Loper Bright

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In FDA v. Wages and White Lion Investments LLC, the U.S. Supreme Court’s unanimous decision in favor of the Food and Drug Administration serves as a reminder of the deference still accorded to regulatory agencies post-Loper...more

Orrick, Herrington & Sutcliffe LLP

District court partially grants defendants’ motions to dismiss, tosses Privacy Act claim

On April 16, the U.S. District Court for the District of Columbia granted in part and denied in part the defendants’ motion to dismiss a case involving claims that DOGE and several federal agencies (including the DOL, the...more

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