News & Analysis as of

Comment Period

Ohio EPA releases draft Storm Water General Permit for pipeline projects

by Bricker & Eckler LLP on

Ohio EPA has released a draft Construction Storm Water General Permit for Oil and Gas Linear Transmission Line and Gathering Line Installation for public comment. According to Ohio EPA, the draft permit is a “non-NPDES”...more

OSHA Schedules Public Meeting And Requests Comments On Whistleblower Issues In The Trucking And Railroad Industries

by Seyfarth Shaw LLP on

OSHA has scheduled a meeting on June 12, 2018, in Washington, D.C., to solicit comments and suggestions from stakeholders in the trucking and railroad industries, on whistleblower issues within OSHA’s purview.  83 Fed. Reg....more

Now’s your chance - FCC asks for help defining autodialer, other TCPA issues

“What is an autodialer?” The FCC wants to know what you think. For years, the question of what constitutes an autodialer has confounded courts, the Federal Communications Commission (FCC), and companies that call and text...more

Silence is Golden: FCC’s Decision Not to Address Cunningham-Moskowitz Petition in TCPA Public Notice Speaks Volumes

by Womble Bond Dickinson on

Sometimes its what’s missing that says the most. The FCC’s Public Notice respecting the scope and architecture of the TCPA is notable for numerous reasons, as my Washington D.C. colleagues just explained yesterday....more

Draft Environmental Impact Statement And Preliminary Pest Risk Assessment For GE Citrus Tristeza Virus Permit Now Available

by Bergeson & Campbell, P.C. on

On May 11, 2018, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced the availability of a draft Environmental Impact Statement (EIS) for public review and comment. ...more

FCC Turns to ATDS, Other TCPA Issues Following D.C. Circuit Decision

by Kelley Drye & Warren LLP on

On May 14, 2018, the FCC issued a Public Notice seeking comment on a number of issues regarding the proper interpretation of the Telephone Consumer Protection Act (TCPA) in light of the recent decision by the D.C. Circuit...more

Where to Next? ACA International Decision Prompts FCC Request for Comment on Interpretation and Implementation of the TCPA

by Womble Bond Dickinson on

Comment Date: June 13, 2018 - Reply Comment Date: June 28, 2018 - As we told you in this week’s flash breaking news, less than a week after the D.C. Circuit Court of Appeals issued its mandate following the ACA Int’l...more

USPTO Seeks to Change BRI Patent Claim Construction Standard

by Polsinelli on

The United States Patent Trademark Office announced on May 8 that it proposes to replace the broadest reasonable interpretation (“BRI”) standard for construing unexpired patents with the same standard used in Federal district...more

FCC seeking comments on TCPA issues in light of D. C. Circuit ACA International decision

by Ballard Spahr LLP on

The FCC has issued a notice announcing that it is seeking comments on several TCPA issues following the D. C. Circuit’s decision in ACA International v. FCC.  Comments are due by June 13, 2018 and reply comments are due by...more

FCC Seeks Comments on TCPA in Wake of ACA International Decision

by Burr & Forman on

On May 14, 2018, in the wake of the landmark decision ACA International v. FCC, 855 F.3d 687 (D.C. Cir. 2018), the Federal Communications Commission (FCC) issued a Public Notice seeking comment on a myriad of topics...more

FCC Seeks to Refresh the TCPA Record

by Hogan Lovells on

Now that the dust has settled from the D.C. Circuit’s highly anticipated Telephone Consumer Protection Act decision in ACA International, et al, v. FCC, the Federal Communications Commission is going back to the drawing board...more

NLRB Considers Rulemaking to Address Hotly-Contested Joint-Employer Standard

As we previously reported the NLRB’s “joint employer” standard has vacillated over the last several years, and currently remains in flux. For historical reference, the NLRB expanded the scope of joint-employment in 2015 in...more

Administration presents plans to lower drug prices

by Hogan Lovells on

On May 11, 2018, President Trump and Department of Health and Human Services (HHS) Secretary Alex Azar delivered highly anticipated speeches regarding the administration's plan to reduce drug prices. Please see full...more

Clinical research compliance alert: Common Rule update - Additional proposed delay

by Bricker & Eckler LLP on

The Department of Health and Human Services (HHS) and 16 other federal departments and agencies released a Notice of Proposed Rulemaking (NPRM) proposing to delay the compliance date for updates to the Common Rule for an...more

CMS Pushes for Hospital Price Transparency in Proposed Rule

On April 24, 2018, the Centers for Medicare & Medicaid Services (“CMS”) announced a new proposed rule (CMS-1694-P) (“Proposed Rule”). In an attempt to “empower patients through better access to hospital price information,”...more

New Mental Health Parity Guidance and Enforcement Efforts May Warrant a Deep Dive Into Plan Administration

The Department of Labor (DOL), the Department of the Treasury, and the Department of Health and Human Services (HHS) are making good on their promise to issue more guidance and to aggressively enforce the federal Mental...more

HUD to Seek Comment on Whether Disparate Impact Rule is Consistent With Supreme Court Decision

by Ballard Spahr LLP on

The U.S. Department of Housing and Urban Development (HUD) recently announced that it will “formally seek the public’s comment on whether its 2013 Disparate Impact Regulation is consistent with the 2015 U.S. Supreme Court...more

USDA Seeks Comments On Proposed Rule For National Bioengineered Food Disclosure Standard

by Bergeson & Campbell, P.C. on

On May 4, 2018, USDA’s Agricultural Marketing Service (AMS) proposed a rule to establish the National Bioengineered Food Disclosure Standard mandated by Congress in 2016. 83 Fed. Reg. 19860....more

DHS Moves One Step Closer to Rescinding International Entrepreneur Rule

The U.S. Department of Homeland Security (DHS) has taken the first step on its path to rescinding the International Entrepreneur Rule (IER), a program that allows qualifying foreign entrepreneurs an opportunity to stay in the...more

European Commission Proposes Protective Legislation for Whistleblowers Reporting EU Law Breaches

by Shearman & Sterling LLP on

The European Commission has published a proposal for a Directive on the protection of persons reporting on breaches of Union law. Whistleblowers help prevent damage and detect threat or harm to the public interest that may...more

USPTO Proposes Claim Construction Rule Change from BRI to Philips in AIA Review Proceedings

The U.S. Patent and Trademark Office announced a propose change to the standard for construing both unexpired and amended patent claims in Patent Trial and Appeal Board (PTAB) proceedings under the America Invents Act...more

USPTO Considers Replacing Broadest Reasonable Interpretation Standard in IPRs & PGRs

In widely publicized comments to the U.S. Chamber of Commerce last April, new USPTO Director Andrei Iancu encouraged stakeholders in Inter Partes Review (IPR) and Post-Grant Review (PGR) proceedings to “reduce the hyperbole...more

OSHA Issues Direct Final Standard Amending Beryllium Standards for General Industry with Attention to Dermal Contact

by Beveridge & Diamond PC on

OSHA has clarified its January 9, 2017 occupational health standard on beryllium. On May 4, the Occupational Safety and Health Administration (OSHA) published clarifying amendments in a direct final rule (DFR) for general...more

FCC Sets Sights on China

As yet another example of the U.S. government’s ongoing concerns about the potential vulnerability of U.S. telecommunications networks and supply chains, the FCC recently released a Notice of Proposed Rulemaking (NPRM)...more

CMS Releases Innovation Center New Direction RFI Feedback and Issues New RFI for Direct Provider Contracting

Last fall, the Centers for Medicare & Medicaid Services (CMS) announced a new direction for its Center for Medicare & Medicaid Innovation, CMS’s platform for testing innovative models for delivering high-quality care at lower...more

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