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Administrative Procedure Act Enforcement Actions

Stevens & Lee

NJDOL Continues Its Legal Challenge on the Independent Contractor Model

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The New Jersey Department of Labor and Workforce Development (NJDOL) has, through regulations and practices, used its powers to attempt to challenge the independent contractor model by deeming drivers who own their own trucks...more

Nutter McClennen & Fish LLP

Nutter Securities Enforcement Update: October 1, 2025

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

Rivkin Radler LLP

Another Setback for Monetized Installment Sales?

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As part of its enforcement efforts, the IRS annually identifies what it describes as potentially abusive transactions that taxpayers should avoid. According to the agency, some of these transactions are focused on more...more

Morgan Lewis

EPA Confirms Support for Regulation of PFAS as Hazardous Substances under Biden-Era CERCLA Rule

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The US Environmental Protection Agency (EPA) recently announced its decision to continue fighting a petition in the US District Court of Appeals for the District of Columbia (DC Circuit) challenging a Biden-era rulemaking...more

Carlton Fields

New Employment-Based Immigration Executive Actions Restricting Eligibility and Enhancing Enforcement

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In the past week, government officials have issued four directives that would radically transform employment-based immigration to the United States. The actions would restrict immigration options for highly skilled workers,...more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for August 2025

Each month, we publish a roundup of the most important SEC enforcement developments for busy in-house lawyers and compliance professionals. This month, we examine: • Recent SEC activity pursuing alleged fraud in the...more

Maynard Nexsen

FTC Abandons Nationwide Ban on Noncompetes, but Signals Ongoing Scrutiny

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When the Federal Trade Commission (FTC) proposed its nationwide ban on most noncompete provisions in January of 2023, it sent shockwaves through the business community. As the ban worked its way through the rulemaking...more

Pillsbury Winthrop Shaw Pittman LLP

D.C. Circuit Reverses EPA, Reinstating the Title V Affirmative Defense for Emergency Emissions Events

The D.C. Circuit held that EPA failed to adequately justify its rescission of the longstanding affirmative defense for emergency-related emissions exceedances under the Clean Air Act’s Title V program. The Court emphasized...more

Kohrman Jackson & Krantz LLP

FTC Abandons Biden-ERA Non-Compete Rule

On September 5, 2025, the Federal Trade Commission dismissed its appeals in Ryan, LLC v. FTC, (5th Cir.), and Properties of the Villages v. FTC, (11th Cir.), and accepted the nullification of the Biden administration’s...more

Dickinson Wright

Key D.C. Circuit Decision Revives CAA Emergency Event Affirmative Defense

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On September 5, 2025, the DC Circuit issued its opinion in SSM Litigation Group v. EPA, reversing EPA’s rescission of the longstanding emergency event affirmative defense under Title V of the Clean Air Act (“CAA”). The...more

Baker Donelson

D.C. Circuit Restores EPA's Emergency Emissions Defense

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On September 5, 2025, the D.C. Circuit Court of Appeals in SSM Litigation Group v. Environmental Protection Agency, et al., Case No. 23-1267 (D.C. Cir. 2025), reversed the Environmental Protection Agency's (EPA) rescission of...more

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

Strategic Enforcement Before the U.S. International Trade Commission – An Evaluation of Recent Enforcement Proceedings

Investigations under 19 U.S.C. § 1337 (Section 337) before the U.S. International Trade Commission can provide relief against unfair acts in the import trade. The most common causes of action include infringement of U.S....more

Snell & Wilmer

Title V Emergency Affirmative Defense Provision Reinstated by DC Circuit Court

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The DC Circuit Court of Appeals decided on September 5, 2025, that the U.S. Environmental Protection Agency (EPA) erred in implementing its 2023 Final Rule on “Removal of Title V Emergency Affirmative Defense Provisions From...more

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

Startup/Shutdown/Malfunction/Clean Air Act: Federal Appellate Court Upholds Title V Affirmative Defense

The United States Court of Appeals District of Columbia Circuit (“Court”) addressed in a September 5th Opinion the validity of the Clean Air Act Startup/Shutdown/Malfunction (“SSM”) affirmative defense. See SSM Litigation...more

Morgan Lewis - As Prescribed

Vaccine Suspension: FDA Leans Into Its Withdrawal Toolbox, But Will It Invite Challenges?

On August 22, 2025, FDA suspended the biologics license for Ixchiq, one of only two marketed chikungunya vaccines. The decision to suspend comes only a few weeks after FDA approved a Safety Labeling Change supplemental...more

Foley & Lardner LLP

The CPSC and Amazon: Navigating a Shifting Regulatory Landscape

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Despite recent leadership and other changes at the agency, the U.S. Consumer Product Safety Commission (the “CPSC” or “Commission”) has maintained its focus on regulating e-commerce platforms that facilitate large-volume...more

Morgan Lewis

Securities Enforcement Roundup – July 2025

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In this issue of our monthly Securities Enforcement Roundup, we highlight top securities enforcement developments from July 2025. In July 2025: As part of its FINRA Forward program, FINRA CEO Robert Cook announced a new...more

McGlinchey Stafford

DOL Limits Authority to Seek Liquidated Damages in Wage and Hour Investigations

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On June 27, 2025, a new enforcement directive from the U.S. Department of Labor (DOL)’s Wage and Hour Division (WHD) took effect, formally eliminating the agency’s policy of seeking the payment of liquidated damages in any...more

Husch Blackwell LLP

Will Trump v. CASA Lead to Increased State AG Multistate Investigations and Litigation?

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On June 27, 2025, in its long-anticipated decision in Trump v. CASA, Inc., the U.S. Supreme Court significantly narrowed the ability of a single federal court to issue “universal” or “nationwide” injunctions—through which...more

Offit Kurman

Quick Guide to Administrative Hearings

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Join the Litigators Lounge with Offit Kurman’s Anders Sleight and Niall McMillan as they dive into the nuances of administrative proceedings versus typical civil court cases, focusing on the process, discovery limitations,...more

Stevens & Lee

FTC Requests Additional 60 Days to Consider Dropping Defense of Noncompete Ban

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A reconstituted Federal Trade Commission (Commission) has asked the Fifth Circuit Court of Appeals to grant it a 60-day continuance to consider whether to drop the defense of its rule banning noncompetes. As previously...more

Akin Gump Strauss Hauer & Feld LLP

FERC Proposes to Eliminate WECC Soft Price Cap

On July 15, 2025, the Federal Energy Regulatory Commission (FERC or Commission) issued an order proposing to eliminate the soft price cap of $1,000 per megawatt-hour (MWh) for bilateral spot sales in the Western Electricity...more

Wiley Rein LLP

Supreme Court’s McLaughlin Decision Creates Uncertainty for FCC Orders on the TCPA and Much More

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The U.S. Supreme Court’s recent decision in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. marks a sea change for judicial review of Federal Communications Commission (FCC) orders, and creates both risks and...more

Proskauer - Advertising Law

Canceled Before It Clicked: Eighth Circuit Strikes Down FTC’s Click-to-Cancel Rule

Just days before it was set to take effect, the U.S. Court of Appeals for the Eighth Circuit struck down the Federal Trade Commission’s (FTC) much anticipated “Click-to-Cancel Rule” (the “Rule”), delivering regulatory...more

Eversheds Sutherland (US) LLP

Eighth Circuit vacates FTC’s “Click-to-Cancel” Rule in Custom Communications v. FTC

Just days before it was scheduled to take effect, the Federal Trade Commission’s (FTC) amended Negative Option Rule, commonly known as the “Click-to-Cancel” Rule (Rule), was vacated by the US Court of Appeals for the Eighth...more

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