News & Analysis as of

Administrative Procedure Act

Pillsbury - Gravel2Gavel Construction & Real...

The 2023 Term of the Supreme Court: Administrative and Regulatory Law Rulings

It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrative law cases, which are usually back-burner issues. But not this term....more

Ballard Spahr LLP

Industry groups file motion to intervene in Corner Post debit card interchange case

Ballard Spahr LLP on

On October 16, 2024, the Bank Policy Institute and the Clearing House Association filed a motion to intervene in Corner Post, Inc. v Board of Governors of the Federal Reserve System. On July 1, 2024, the Supreme Court sided...more

Sheppard Mullin Richter & Hampton LLP

CFPB Finalizes Personal Financial Data Rights Rule

On October 22, the CFPB announced the finalization of its Personal Financial Data Rights Rule under Section 1033 of the Dodd-Frank Act. The rule aims to bring the U.S. closer to an “open banking” framework by making it easier...more

McCarter & English, LLP

DCCC Files Complaint Against FEC for Not Issuing an Advisory Opinion

McCarter & English, LLP on

The Democratic National Congressional Campaign Committee (DCCC) filed a complaint against the Federal Election Commission (FEC) last week claiming that the FEC is not enforcing contribution limits for coordinated expenditures...more

Venable LLP

Business Groups Rush to File Federal Court Challenges to the FTC’s Negative Option “Click-to-Cancel” Rule

Venable LLP on

As we previewed last week, industry and trade groups wasted no time in filing challenges against the Federal Trade Commission’s (FTC) Final Negative Option Rule....more

Snell & Wilmer

Mining Milestones: D.C. Circuit Upholds Key Mill Site Flexibility – What’s Next?

Snell & Wilmer on

A recent decision by the U.S. Court of Appeals for the D.C. Circuit in Earthworks v. U.S. Department of the Interior has important implications for mining companies operating on public lands. This ruling upholds the Bureau of...more

Wiley Rein LLP

Loper Bright’s Potential Effects on “Chevron-Like” Deference Doctrines

Wiley Rein LLP on

On June 28, 2024, the U.S. Supreme Court sent shockwaves across the administrative law landscape when it handed down Loper Bright Enterprises v. Raimondo, overruling the 40-year-old Chevron doctrine and its two-step framework...more

Stevens & Lee

FTC Appeals Decision in the Ryan Case: Fate of the Noncompete Rule Now Rests in the Appeals Courts

Stevens & Lee on

On Oct. 18, the Federal Trade Commission (FTC) expectedly filed a notice of appeal to the Fifth Circuit Court of Appeals in Ryan LLC et.al. v. Federal Trade Commission. As has been previously reported, Judge Ada M. Brown in...more

WilmerHale

United States Asks The Supreme Court To End “Universal” Preliminary Relief Under the Administrative Procedure Act

WilmerHale on

A new petition for certiorari filed by the United States urges the Supreme Court to stop lower courts from ordering “universal” preliminary relief under the Administrative Procedure Act (APA). In recent years, the federal...more

Shipkevich PLLC

CA DFPI Approves Third Set of Proposed Regulations for the Registration of Debt Settlement Companies and Other Providers

Shipkevich PLLC on

On October 11, 2024, the California Department of Financial Protection and Innovation (DFPI) approved regulations submitted to the California Office of Administrative Law (OAL) under its authority granted by the California...more

Polsinelli

Blockchain+ Bi-Weekly; Highlights of the Last Two Weeks in Web3 Law: October 2024 #3

Polsinelli on

The SEC has been busy, both in bringing actions against digital industry participants and in defending against affirmative lawsuits brought against the agency regarding the lack of notice and rulemaking for digital assets...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Nutter McClennen & Fish LLP

Nutter Securities Enforcement Update: Oct. 1 Quarterly Review

The Nutter Securities Enforcement Update is a periodic update of noteworthy recent securities enforcement activity, settlements, decisions, and charges. We provide brief summaries that highlight recent enforcement action...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Corner Post – Opening Up Administrative Procedures Act, Challenges To The Sentencing Guidelines

In our recent post, “As Chevron Goes, So Goes the Sentencing Guidelines”, we discussed the possible ramifications the U.S. Supreme Court decision in Loper Bright might have on the Sentencing Guidelines going forward. Namely,...more

McDermott Will & Emery

Got Pillaged? Not If You Didn’t Follow the APA and FTCA

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court decision dismissing claims under the Administrative Procedure Act (APA) and Federal Tort Claims Act (FTCA) against the US Patent & Trademark Office...more

Venable LLP

A "Tsunami of Lawsuits Against Agencies"? Taking Stock of the Post-Chevron Government Contracting World

Venable LLP on

The U.S. Supreme Court's blockbuster decision in Loper Bright Enterprises v. Raimondo overruled a 40-year-old case (Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.) that required courts to defer to agencies'...more

Miller Starr Regalia

Fifth District Affirms Judgment Rejecting CEQA/APA Challenges to CARB’s Approval of ZEV Truck Sales Mandate Regulation; Holds...

Miller Starr Regalia on

In an opinion filed August 27 and later ordered published on September 24, 2024, the Fifth District Court of Appeal affirmed a judgment denying a writ petition that challenged the State Air Resources Board’s (CARB) adoption...more

Best Best & Krieger LLP

Ninth Circuit Overturns Portions of FCC Order on Wireless Facility Modifications

Local governments prevailed on two key issues in League of California Cities v. Federal Communications Commission (FCC), the United States Court of Appeal for the Ninth Circuit’s long-awaited decision on when federal law...more

Carlton Fields

Court Enjoins FTC Noncompete Ban: Appeal Likely

Carlton Fields on

A federal judge in Texas has enjoined the Federal Trade Commission’s ban on noncompete agreements, leaving the FTC’s attempt to quash such agreements waiving in the breeze, at least for the time being....more

Goodwin

Express Scripts Sues FTC Over Report on Pharmacy Benefit Management Industry

Goodwin on

​​​​​​​On September 17, Express Scripts, Inc. (“Express Scripts”), one of the largest pharmacy benefit managers (PBMs) in the United States, brought suit against the Federal Trade Commission (“FTC”) over its July 2024 interim...more

Foley Hoag LLP - Environmental Law

Fluoridation May Not Be A Commie Plot, But It Does Apparently Present Unreasonable Risks

Sometimes, a blog just has to be written. For those of us of a certain age, Sterling Hayden's speech as Jack D. Ripper in Dr. Strangelove concerning the Communist plot to fluoridate our water is iconic. Well, it turns out...more

Flaster Greenberg PC

Chevron’s Demise and Its Effect on Intellectual Property & Its Governing Agencies

Flaster Greenberg PC on

For many, the demise of Chevron – the doctrine by which agencies enjoy deference in interpreting ambiguous statutes – has long been coming. While Chevron’s demise, and the resulting resurgence of Skidmore, is likely to lead...more

Carlton Fields

Breeze or Gale? Unanswered Questions at the Heart of the Supreme Court’s Recent Administrative Law Decisions

Carlton Fields on

When legal historians look back on the U.S. Supreme Court’s 2024 term, the most eye-popping decisions will almost certainly be the immunity and ballot access claims lodged by former President Trump. Those opinions are,...more

Troutman Pepper

FDA Says Agency Will Enforce the Cigarette Graphic Warning Rule in December 2025, But Pending Litigation Could Still Derail Those...

Troutman Pepper on

In September, the U.S. Food and Drug Administration (FDA) told industry that it would begin enforcing the agency’s cigarette graphic warning rule in December 2025 in an enforcement policy outlined in a short guidance...more

Jenner & Block

Non-Competition Agreements; FTC Rule Status

Jenner & Block on

As we previously reported, on April 23, 2024, the Federal Trade Commission (FTC) announced their final rule banning most “non-competition” agreements. The FTC determined non-competition agreements were an unfair method of...more

2,185 Results
 / 
View per page
Page: of 88

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide