News & Analysis as of

Biden Administration

Axinn, Veltrop & Harkrider LLP

Keeping an Eye on the Ball: America First Antitrust Weighs in on the “Uniquely American System of Scholar Athletics”

Tennessee basketball player Zakai Zeigler has appealed the district court’s denial of his bid to secure a preliminary injunction against the NCAA’s “Four-Seasons Rule.” We will be closely following what the Sixth Circuit...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Here we go again

Here’s the short version: the Department of Labor’s decision to reopen the Biden-era ESG rule is overdue—and welcome....more

Fisher Phillips

DOL Suspends Enforcement of Embattled "Farmworker Protection" Rule: What Does it Mean For Agricultural Employers?

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Federal officials announced late Friday they were suspending enforcement of what it called “the Biden Administration’s burdensome 2024 farmworker rule,” effective immediately – news that should provide a measure of relief to...more

Vinson & Elkins LLP

Dredging Ahead: Army Corps Proposes to Reissue Nationwide Permits

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The federal government is continuing to implement President Donald Trump’s Unleashing American Energy mandate to promote domestic energy and infrastructure projects. On June 18, 2025, the U.S. Army Corps of Engineers...more

Bracewell LLP

DOJ’s New FCPA Investigations and Enforcement Guidelines: How Organizations Need to Respond

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The Deputy Attorney General of the U.S. Department of Justice Office recently issued new guidelines for investigations and enforcement actions of the Foreign Corrupt Practices Act. (FCPA). These new guidelines come as a first...more

Foley Hoag LLP

CMS Rescinds Post-Dobbs EMTALA Guidance, Raising New Questions for Emergency Departments

Foley Hoag LLP on

I. Key Takeaways - Federal enforcement under the Emergency Medical Treatment and Labor Act (EMTALA) may be changing after the Centers for Medicare & Medicaid Services (CMS) rescinded guidance issued under the Biden...more

Morgan Lewis

On the Basis of Sex: HHS Rescinds Prior Section 1557 Guidance Interpreting Sex-Based Discrimination

Morgan Lewis on

The US Department of Health and Human Services (HHS) has rescinded several pieces of informal guidance, including its 2021 interpretation of Section 1557 of the Affordable Care Act (Section 1557), in response to executive...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Crypto in 401(k) Plans? Sure—But Let’s Not Lose Our Minds

Well, that didn’t take long. In what’s becoming a routine political tug-of-war, the Trump administration (yes, back again) has rescinded the Biden-era Department of Labor (DOL) guidance cautioning plan sponsors against...more

Jones Day

SEC Withdraws Proposed ESG Disclosure and Shareholder Submission Rules

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In a significant but not unsurprising policy shift, the U.S. Securities and Exchange Commission (SEC) has announced the withdrawal of proposed rules aimed at enhancing ESG disclosures and modifying shareholder proposal...more

Jackson Lewis P.C.

Public Hearings on OSHA’s Proposed Heat Hazard Rule Begin

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Monday, June 16, 2025, marked the first day of informal public hearings on the Occupational Safety and Health Administration’s (OSHA) proposed rule aimed at preventing heat-related injuries and illnesses in both outdoor and...more

Epstein Becker & Green

Supreme Court Upholds Tennessee’s Ban on Gender-Affirming Care

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On June 18, 2025, in the case of United States v. Skrmetti, the U.S. Supreme Court upheld Tennessee’s ban on gender-affirming care—concluding that the law does not violate the Equal Protection Clause of the Fourteenth...more

DLA Piper

DOJ and FTC Leadership Discuss New Perspectives on Merger Enforcement

DLA Piper on

In speeches delivered only a day apart during the first week of June, Bill Rinner, the new Deputy Assistant Attorney General in charge of merger enforcement at the Department of Justice (DOJ), and Commissioner Melissa Holyoak...more

Jenner & Block

California Vehicle Waiver: Congressional Review Act Showdown

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The Congressional Review Act (“CRA”), enacted in 1996, allows Congress to disapprove federal regulations promulgated by government agencies within 60 legislative working days after the rule is submitted to Congress. In order...more

Cozen O'Connor

Cozen Currents: Democrats' Not So Invisible Primary

Cozen O'Connor on

“As the Democratic Party struggles to find a coherent and effective approach to oppose President Trump and the GOP’s policy agenda, those looking to throw their hat in the ring for the party’s 2028 presidential nomination are...more

Morrison & Foerster LLP

AI Diffusion Rule Out but BIS Increases Compliance Obligations for Companies

On May 13, 2025, the Department of Commerce’s Bureau of Industry and Security (BIS) announced a recission of the Biden administration’s January 15, 2025 Artificial Intelligence Diffusion Interim Final Rule (“AI Diffusion...more

Vinson & Elkins LLP

EPA Proposes to Repeal Biden-era Regulations Governing Air Toxic Emissions from Coal- and Oil-Fired Power Plants

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On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule to repeal the amendments to the Mercury and Air Toxics Standards (“MATS”) adopted by the Biden administration in 2024. These...more

Carlton Fields

One Fell Swoop: SEC Erases Ambitious Gensler-Era Rulemaking Agenda

Carlton Fields on

On June 12, 2025, the Securities and Exchange Commission issued a release announcing that it was withdrawing 14 notices of proposed rulemaking issued between March 2022 and November 2023 and stating that it “does not intend...more

Warner Norcross + Judd

DOJ’s Civil Division Targets DEI Programs, Gender-Related Health Care and Immigration

Warner Norcross + Judd on

Following leadership changes at the Department of Justice’s (DOJ) Civil Division, Brett Shumate, recently confirmed as the assistant attorney general, issued a memorandum directing DOJ attorneys to “use [their] enforcement...more

Morgan Lewis

EPA Proposes Repeal of Greenhouse Gas Standards for Power Plants

Morgan Lewis on

The US Environmental Protection Agency recently issued a proposed rule and accompanying press release announcing its intent to repeal both the 2015 greenhouse gas emissions standards for new fossil fuel-fired power plants...more

Ankura

Reshaping Global Business Strategy: Where Will We Land on Tariffs

Ankura on

Dive into the world of global trade in the latest episode of The Impact Exchange with John Frehse as he is joined by trade expert Kate Kalutkiewicz!...more

Davis Wright Tremaine LLP

California Attempts To Catch a "Waive": State Leads 10 Others Suing Trump Administration Over Revocation of Vehicle Emission...

On June 12, President Trump signed three joint resolutions passed by Congress, ostensibly under the authority of the Congressional Review Act ("CRA"), to revoke three Clean Air Act waivers the Environmental Protection Agency...more

Davis Wright Tremaine LLP

Trump Reverses Key Directives of Biden Cyber Executive Order, Maintains Others

During his last few days in office, on January 16, 2025, President Biden issued Executive Order 14144, "Strengthening and Promoting Innovation in the Nation's Cybersecurity" (EO 14144). Building heavily on the May 2021...more

Cozen O'Connor

Major Updates to Immigration Proceedings Impacting Hundreds of Thousands of Immigrants in the U.S.

Cozen O'Connor on

On June 12, 2025, the Department of Homeland Security (DHS) officially terminated the Biden-era parole program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV). This DHS notice revokes both their parole and their...more

Wilson Sonsini Goodrich & Rosati

DOJ Carries Through on Revitalization of Merger Remedies

Days after the Federal Trade Commission (FTC) reached its first divestiture settlement of the new Trump administration, the U.S. Department of Justice Antitrust Division (DOJ or the Division) followed through on Assistant...more

McDermott+

McDermott+ Check-Up: June 13, 2025

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THIS WEEK’S DOSE - - Reconciliation Moves Forward. Senate committees continue to release their reconciliation provisions. - NIH Director Testifies on FY 2026 Budget. National Institutes of Health (NIH) Director Bhattacharya...more

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