News & Analysis as of

Administrative Procedure Act Compliance Rulemaking Process

Husch Blackwell LLP

Eastern District of Kentucky Tolls Compliance Deadlines for § 1033 of the Dodd-Frank Act

Husch Blackwell LLP on

On February 25, 2025, Judge Danny C. Reeves of the Eastern District of Kentucky granted a Joint Motion to Stay Proceedings in Forcht Bank, NA et al v. Consumer Financial Protection Bureau et al, temporarily staying litigation...more

Davis Wright Tremaine LLP

New Administration Outlook: What Does the CFPB "Freeze" Mean for Regulations and Pending Litigation?

Treasury Secretary Scott Bessent, who is currently serving as the acting director of the Consumer Financial Protection Bureau (CFPB), emailed staff on Monday directing employees to cease all rulemaking activities and delay...more

Davis Wright Tremaine LLP

New Administration Outlook: A Possible Roadmap to What's Ahead for the CFTC Under New Leadership

On January 20, 2025, the Commodity Futures Trading Commission ("CFTC") unanimously elected Commissioner Caroline D. Pham as acting chairman. The Administration has not yet identified who will be nominated for the position of...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Strikes Down FTC’s ‘Junk Fee’ Rule for Auto Dealers

On January 24, 2025, the Fifth Circuit Court of Appeals struck down an FTC rule aimed at curbing deceptive advertising and sales practices in the auto industry. The rule, which sought to prohibit certain “junk fees” and...more

Hinch Newman LLP

FCC Postpones Effective Date of TCPA One-to-One Consent Rule Before it is Vacated by the Eleventh Circuit

Hinch Newman LLP on

On the eve prior to its effective date, the FCC’s One-to-One Consent Rule that sought to redefine the meaning of "prior express written consent" under the Telephone Consumer Protection Act, was postponed for one year by order...more

Akin Gump Strauss Hauer & Feld LLP

“Under the Wire” E-Comms Settlements: More Confusion Than Closure

On January 13, 2025, the U.S. Securities and Exchange Commission announced settled enforcement actions with five registered investment advisers for failing to maintain and preserve internal electronic communications. These...more

Morrison & Foerster LLP

The FTC’s Final “Click-to-Cancel” Rule Faces Legal and Political Hurdles

The fate of the FTC’s long-awaited final “Click-to-Cancel” rule has become tangled in uncertainty as it faces numerous lawsuits and the new incoming presidential administration. In October, the FTC published its Final Rule...more

Mintz - ML Strategies

2024 Pre-Election Analysis: Consumer Product Safety

Mintz - ML Strategies on

In this installment of ML Strategies’ Pre-Election Analysis series, we discuss the potential impact the 119th congress and presidential election on consumer product safety. Like other spheres of federal public policy,...more

Holtzman Vogel Baran Torchinsky & Josefiak

In Compliance: Holtzman Vogel's July 2024 Round-Up

Holtzman Vogel attorneys wrote on the Supreme Court's landmark Loper Bright decision earlier this month. The Court overruled its 1984 decision in Chevron v. NRDC that introduced the so-called "Chevron deference" principle...more

Venable LLP

Supreme Court's Chevron Decision and Its Implications for AI Regulation

Venable LLP on

On June 28, the Supreme Court issued a landmark decision on Chevron deference through its rulings on Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. These decisions reversed the...more

Proskauer - The Capital Commitment

Lawsuit Challenges Private Fund Adviser Rules

On Friday, September 1, 2023, a lawsuit was filed with the federal Court of Appeals in the Fifth Circuit challenging the validity and enforceability of the recently adopted Private Fund Adviser Rules under the Investment...more

Allen Matkins

FTB Fights Underground Regulation Determination – Why Won’t It Simply Do What’s Right?

Allen Matkins on

Just last week, the California Taxpayers Association reported: For at least several months, the Franchise Tax Board has been sending filing enforcement notices to nonresidents of California, including many foreign...more

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