News & Analysis as of

Final Rules Appeals

Bergeson & Campbell, P.C.

EPA Extends Postponement of Effective Date of Certain Provisions of TCE Risk Management Rule 

On June 23, 2025, the U.S. Environmental Protection Agency (EPA) extended the postponement of the effective date of certain regulatory provisions of its December 17, 2024, final risk management rule for trichloroethylene...more

BakerHostetler

Eighth Circuit Clicked to Cancel the FTC’s Negative Option Rule

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Yesterday, the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Negative Option Rule (Click-to-Cancel Rule or Rule) that was set to go into effect on July 14....more

Proskauer - Employee Benefits & Executive...

District Court Vacates HIPAA Reproductive Health Care Rule

Last month, a federal district court in Texas vacated portions of the HIPAA final rule that added heightened protections for reproductive health care information (the “Final Rule”). Purl, et al. v. U.S. Department of Health...more

Loeb & Loeb LLP

The FTC's "Click to Cancel" Rule Has Been...Canceled

Loeb & Loeb LLP on

The U.S. Court of Appeals for the Eighth Circuit vacated the FTC's “click to cancel” rule which was set to take effect on July 14. According to the court, the FTC erred in its rulemaking process by failing to produce a...more

WilmerHale

PTAB/USPTO Update - July 2025

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On June 12, the nominee for USPTO Director John Squires was voted out of the Senate Judiciary Committee by a vote of 20-2.  His nomination has been placed on the Senate’s Executive Calendar and will proceed to a floor vote....more

Hogan Lovells

Compliance considerations following Texas Court decision vacating key provisions of 2024 HIPAA Privacy Rule protecting...

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The U.S. District Court for the Northern District of Texas vacated key portions of the 2024 updates to the HIPAA Privacy Rule that had strengthened protections for reproductive health care information. HIPAA-regulated...more

Fenwick & West LLP

Federal Court Halts HIPAA Reproductive Health Amendments - Substance Use Disorder Rule (Part 2) Stands

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On June 18, 2025, the U.S. District Court for the Northern District of Texas issued a nationwide preliminary injunction in Purl v. HHS halting enforcement of the U.S. Department of Health and Human Services’ (HHS) April 2024...more

Bergeson & Campbell, P.C.

EPA Will Extend Postponement of Effective Date of Certain Provisions of Final TCE Risk Management Rule

The U.S. Environmental Protection Agency (EPA) provided on update on June 18, 2025, on the status of the December 2024 Toxic Substances Control Act (TSCA) risk management rule for trichloroethylene (TCE). According to EPA, it...more

Perkins Coie

Eighth Circuit Hears Challenges to FTC Negative Option Rule

Perkins Coie on

On June 10, 2025, Judges Loken, Erickson, and Kobes of the U.S. Court of Appeals for the Eighth Circuit heard oral argument on consolidated challenges filed by a security services company and a number of trade associations...more

Miller Canfield

FTC's 'Click-to-Cancel' Rule Battles Through Political Shifts and Legal Challenges

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The Federal Trade Commission’s (“FTC”) Negative Option Rule, dubbed the “Click-to-Cancel” Rule (the “Rule”), stands to substantially change the way online businesses must interact with customers. Its fate is now in the hands...more

Snell & Wilmer

Limited Mental Health Parity Relief for Plan Sponsors

Snell & Wilmer on

On January 17, 2025, the ERISA Industry Committee (“ERIC”) filed suit in the U.S. Court of Appeals for the D.C. Circuit asking the court to hold various key provisions under the 2024 Mental Health Parity Addiction Equity Act...more

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

WilmerHale

PTAB/USPTO Update - June 2025

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On May 27, the USPTO announced the completion of a critical upgrade to the agency’s core financial system, Momentum, to streamline maintenance of the fee payment systems as well as several internal functions....more

Hogan Lovells

IVASS final rules for the implementation of the Italian Insurance Arbitrator’s proceedings

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Following a public consultation, IVASS has finalized the technical rules implementing Italy's new Insurance Arbitrator, an out-of-court dispute resolution system aimed at enhancing consumer protection in the insurance sector....more

Morrison & Foerster LLP - Class Dismissed

Tenth Circuit Denies Challenge to CPSC Rule Regulating High-Powered Magnets

The Tenth Circuit Court of Appeals denied a petition challenging a rule promulgated by the U.S. Consumer Product Safety Commission (CPSC) banning small, high-powered, separable magnets. Upholding CPSC’s rule, the Tenth...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

Troutman Pepper Locke

AAA Unveils Significant Revisions to Consumer Arbitration Rules

Troutman Pepper Locke on

The American Arbitration Association (AAA) has announced revisions to its Consumer Arbitration Rules effective May 1, 2025. The revised rules can be found here and the AAA’s announcement of the rules here. Prior to amending...more

Ballard Spahr LLP

CFPB won’t make small business reporting rule a priority

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The CFPB has announced it will not make enforcement of its rule requiring financial institutions to report their lending to women-owned, LGBTQI+-owned and minority-owned small businesses a priority....more

Husch Blackwell LLP

The EPA is Reviewing Its 2024 Ban of Chrysotile Asbestos

Husch Blackwell LLP on

On March 18th, 2024, the U.S. Environmental Protection Agency’s ban of Chrysotile asbestos became the first rule to be finalized under the 2016 amendments to the nation’s chemical safety law, the Toxic Substances Control Act...more

Orrick, Herrington & Sutcliffe LLP

District court stays CFPB’s 1071 final rule and tolls compliance

On May 6, the U.S. District Court for the Southern District of Florida granted a plaintiff’s unopposed motion to stay the CFPB’s Section 1071 final rule and toll the rule’s compliance deadlines. As previously covered by...more

Fox Rothschild LLP

Litigation Over PFAS Designation as Hazardous Substances Remains on Hold

Fox Rothschild LLP on

On April 30, 2025, the U.S. Court of Appeals for the D.C. Circuit granted an additional 30-day abeyance in the challenge to EPA’s Final Rule designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as...more

DLA Piper

FTC “Click-to-Cancel” Rule to Take Effect May 14

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In October 2024, the Federal Trade Commission (FTC) finalized significant updates to the Negative Option Rule, which are slated to take effect on May 14, 2025. A negative option is a contract term under which a buyer agrees...more

Moore & Van Allen PLLC

CFPB Announces It Will Not Prioritize Enforcement And Supervision Of Its Small Business Lending Data Collection Rule Under The...

On May 1, the Consumer Financial Protection Bureau (CFPB) announced that it will not prioritize enforcement or supervision of its small business lending data collection rule (the “Rule”) implementing the requirements of...more

Morgan Lewis - Health Law Scan

Courts Diverge in Challenges to CMS's Minimum Staffing Requirements for LTC Facilities

On May 10, 2024, the Centers for Medicare and Medicaid Services (CMS) published its Final Rule to implement minimum staffing standards for long-term care (LTC) facilities in the United States. However, as discussed in our...more

Jones Day

Judge Blocks FDA Regulation of Laboratory-Developed Tests

Jones Day on

On March 31, 2025, a judge in the Eastern District of Texas struck down a 2024 Final Rule (the "Final Rule") by the Food and Drug Administration ("FDA") that exerted jurisdiction over the regulation of laboratory-developed...more

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