News & Analysis as of

Department of Justice (DOJ) Rulemaking Process Regulatory Requirements

Akin Gump Strauss Hauer & Feld LLP

No Appeal of LDT Decision Means Ball Is Back in FDA’s Court for Policy Clarification

Over the weekend, the Department of Justice (DOJ) did not file an appeal of the U.S. District Court for the Eastern District of Texas’ decision to vacate and set aside the agency’s final rule on the regulation of laboratory...more

Fox Rothschild LLP

EPA Keeps MCL for PFOA and PFOS, Extends Compliance Deadline, and Intends to Rescind MCL for PFHxS, PFNA, GenX, and PFBS

Fox Rothschild LLP on

EPA announced on May 14, 2025 that it will maintain the Maximum Contaminant Level (“MCL”), also known as the national primary drinking water standard, for two PFAS, perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic...more

King & Spalding

Executive Order Continues Focuses on Anticompetitive Regulations

King & Spalding on

On April 9, 2025, President Trump issued an executive order, titled “Reducing Anti-Competitive Regulatory Barriers” (the EO), directing federal agencies to identify and rescind or modify anticompetitive regulations. The EO...more

Stevens & Lee

FTC Launches Public Inquiry – Anticompetitive Regulations on the Chopping Block

Stevens & Lee on

On April 9, President Trump issued an Executive Order instructing agency heads, in consultation with the Chairman of the Federal Trade Commission (FTC) and the Attorney General, to complete a review of all regulations subject...more

Paul Hastings LLP

DOJ Announces Significant Proposed Changes to Amend and Clarify FARA

Paul Hastings LLP on

On December 19, 2024, the Department of Justice (DOJ) published a Notice of Proposed Rulemaking (NPRM) intended to “update and clarify” the regulations under the Foreign Agents Registration Act (FARA). The proposed changes to...more

Seyfarth Shaw LLP

U.S. Access Board Issues Proposed Rule for Accessible Electric Vehicle Charging Stations

Seyfarth Shaw LLP on

Seyfarth synopsis:  Public accommodations planning to add EV charging stations to their properties should take note of these proposed guidelines and file comments by November 4, 2024....more

Stinson - Corporate & Securities Law Blog

FTC and DOJ Approve Changes to HSR Rules and Form

The Federal Trade Commission, with the concurrence of the Antitrust Division of the U.S. Department of Justice, has approved amendments to the Hart-Scott-Rodino Rules and to the instructions for filling out the Antitrust Act...more

Dickinson Wright

Controlled Burn: The Department Of Justice Announces It Will Not Rely On Agency Guidance Documents In Affirmative Civil...

Dickinson Wright on

On January 25, 2018, Associate Attorney General Brand issued a memorandum titled "Limiting Use of Agency Guidance Documents in Affirmative Civil Enforcement Cases," (the "Brand Memo") which clarified that Department of...more

Jones Day

DOJ Limits the Use of Agencies' Guidance Documents in Civil Enforcement Actions

Jones Day on

The Department of Justice ("DOJ") recently issued a memorandum limiting the ability of its litigators to use agency guidance documents in civil enforcement actions against private parties. The memo expands on a directive...more

Sheppard Mullin Richter & Hampton LLP

“Brand Memo” Prohibits US DOJ From Converting Agency Guidance Into Binding Legal Obligations In Civil Enforcement Actions

On January 25, 2018, Associate Attorney General Rachel Brand issued a memorandum (the “Brand Memo”) limiting the use of agency guidance documents in affirmative civil enforcement cases. The memorandum builds on Attorney...more

Holland & Knight LLP

DOJ Issues Memorandum Precluding Reliance on Agency Guidance in Enforcement Cases

Holland & Knight LLP on

On Jan. 25, 2018, the Associate Attorney General issued a memorandum limiting use of agency guidance documents in affirmative civil enforcement cases brought by the U.S. Department of Justice (DOJ). In a move which could have...more

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