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Corporate Counsel Rulemaking Process

Mintz

A New Age of Agency Rulemaking and Enforcement

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As we prepare for the next Supreme Court term, we’d like to look back at some of the most significant opinions from the last session and their potential impact on corporate regulation. Of the dozens of opinions issued by the...more

McDermott Will & Emery

Draft CCPA Regulations Stalled as Agency Struggles With Applicability of ADMT Rules

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On July 15, 2024, the California Privacy Protection Agency (CPPA) released proposed updates to the California Consumer Privacy Act (CCPA) regulations, including updates to the draft risk assessments, automated decisionmaking...more

Fenwick & West LLP

U.S. Government Removes Export Control Barriers for U.S. Companies Participating in Standards-Setting Bodies

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The U.S. government’s primary export control regulator – the Bureau of Industry and Security (BIS) within the Commerce Department – issued a new rulemaking to remove barriers from U.S. companies’ participation in...more

Foley & Lardner LLP

USPTO Aims to Mow Down Patent Thickets

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In a stunning Federal Register Notice published May 10, 2024, the U.S. Patent and Trademark Office (USPTO) proposes to impose a new requirement on terminal disclaimers filed to overcome obviousness-type double patenting...more

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

2023 PTAB Year in Review: Analysis & Trends: Federal Circuit Cases Exploring a Year of Rules, Rulemaking, and Rule Enforcement at...

A trio of cases this past year illustrate a trend of increasing importance in the power of Patent-Office rulemaking and enforcement, and the influence it has on patent owners and challengers alike....more

BakerHostetler

2024 Promises To Be a Critical Year for New PFAS Regulations

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The new year will be a busy one for federal and state per- and polyfluorinated alkyl substances (PFAS) regulations. There are a number of new federal rulemakings, including those under the Comprehensive Environmental...more

Manatt, Phelps & Phillips, LLP

FTC Regulation Tracker—December 2023

The Federal Trade Commission (FTC or the Commission) had a busy December. While many of us were winding down for the holidays, the FTC finalized a new rule, requested comments on a new proposed rule and extended the comment...more

BakerHostetler

In Case You Were Focused on the Holidays and Not the FTC - It’s COPPA and Facial Recognition Time

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The FTC has become big on the late December surprise. In late December 2022, the agency announced the health claims guidance, which was quite a big deal for advertisers. This December there were two late December...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Rejects Constitutional Challenge to OSHA's Rulemaking Authority

Under constitutional law, the nondelegation doctrine prevents Congress from adopting laws that give administrative agencies overly broad discretion to adopt regulations that usurp its legislative authority. Recently, the...more

Fisher Phillips

OSHA’s Proposed Rule Would Allow Union Walkthroughs of All Worksites: Your 7-Step Survival Guide

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Federal safety officials have just made good on one of their promises by issuing a proposed rule that would give a designated union representative the right to accompany an OSHA inspector during a facility walkaround —...more

Sheppard Mullin Richter & Hampton LLP

Movement on CPRA Regulations Expected

On Friday, February 3, the CPPA is scheduled to meet about current and forthcoming CPRA regulations. The Board had previously signaled that it expected to finalize the draft regulations in late January or early February 2023....more

Sheppard Mullin Richter & Hampton LLP

CFPB: Negative Option Marketing Practices May Violate CFPA

On January 19, the CFPB issued Circular 2023-01 to affirm that companies offering “negative option” subscription services are required to comply with federal consumer financial protection laws. According to the Circular,...more

Littler

Department of Labor Proposes New Rule for Independent Contractor Status

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On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor.  FLSA...more

ArentFox Schiff

US Drops New Export Controls on the Chinese Semiconductor, Advanced Computing, and Supercomputer Industries

ArentFox Schiff on

On Friday, October 7, 2022, the Bureau of Industry and Security (BIS) released an interim final rule containing an enormous set of export controls that will likely damage the Chinese semiconductor, advanced computing, and...more

Foley & Lardner LLP

AI Regulation: Where do China, the EU, and the U.S. Stand Today?

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Artificial Intelligence (AI) systems are poised to drastically alter the way businesses and governments operate on a global scale, with significant changes already under way. This technology has manifested itself in multiple...more

Proskauer - Labor Relations Update

NLRB Releases Spring Rulemaking Agenda Forecasting Changes To Joint Employer Standard and Representation Election Procedures

On June 21, 2022, the National Labor Relations Board (“NLRB”) released its rulemaking agenda for Spring 2022, indicating the Board is considering revisions to two significant and tumultuous topics pursuant to the rulemaking...more

Alston & Bird

Colorado Issues Pre-Rulemaking Considerations for the Colorado Privacy Act

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On April 12, 2022, the Colorado Department of Law (the “Department”) released its Pre-Rulemaking Considerations for the Colorado Privacy Act (the “CPA”), following state Attorney General Phil Weiser’s remarks at the...more

BakerHostetler

What’s in a Label - Three Takeaways from the FTC’s First Enforcement Action Brought Under the New Made in the USA Rule

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Last year, the Federal Trade Commission (FTC) finalized a new rule (Rule) that would allow the agency to seek civil penalties in matters where a company made a false and unqualified Made in the USA (MUSA) claim on product...more

WilmerHale

Colorado Privacy Update - Pre-Rulemaking Considerations

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Colorado, as the third U.S. state to adopt a comprehensive privacy law, is making significant strides in its rule-making activities. On April 12, 2022, the Colorado Attorney General’s Office issued prepared remarks from...more

Fenwick & West LLP

California Court Finds California Board Diversity Law Unconstitutional

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On April 1, 2022, the Superior Court of California, County of Los Angeles granted the plaintiffs’ motion for summary judgment in a case challenging the legality of AB 979 under the California Constitution...more

Wiley Rein LLP

California Privacy Enforcement Moves Forward With Rulemaking on Horizon

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Big changes are underway in California privacy, with a brand new privacy agency, forthcoming new privacy rules due by July, and a new comprehensive privacy framework going into effect in January 2023. As businesses subject to...more

Husch Blackwell LLP

CPRA Update: California Privacy Protection Agency Announces Rulemaking Timeline

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Keypoint: During the CPPA’s hearing on February 17, 2022, Executive Director Ashkan Soltani provided an update on the CPRA rulemaking process, which is now expected to close in the third or fourth quarter of 2022....more

Husch Blackwell LLP

Colorado AG to Engage in Robust Colorado Privacy Act Rulemaking

Husch Blackwell LLP on

Keypoint: In the next few months, the Colorado Attorney General’s office will start CPA rulemaking on numerous topics with the goal of publishing draft rules by this fall and adopting final rules by next winter. On January...more

BCLP

The CPRA Digest: What's Next for Rulemaking

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On November 3, 2020, Californians voted to pass Proposition 24, expanding and modifying the California Consumer Privacy Act (“CCPA”), which came into force on January 1, 2020. The new California Privacy Rights Act (“CPRA”)...more

Foley & Lardner LLP

Vaccine Mandates And Vaccine Bans – Clues On Where This Ends And Making Decisions In The Interim

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On September 9, 2021, President Biden announced plans for the federal Occupational Safety and Health Administration (OSHA) to issue an “Emergency Temporary Standard” (ETS) mandating that all employers with more than 100...more

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