News & Analysis as of

Interim Guidance

Animal Waste Emissions from Large Concentrated Animal Feeding Operations: EPA, under the guns of the U.S. Court of Appeals for the...

by Ruder Ware on

Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more

The Latest From OSHA on Silica in Construction Enforcement

On October 19, 2017, the Occupational Safety and Health Administration (OSHA) issued Interim Enforcement Guidance for enforcing the Respirable Crystalline Silica in Construction Standard, 29 CFR 1926.1153. OSHA began...more

DOE Issues New Title IX Interim Guidance

by Foley Hoag LLP on

On September 22, 2017, the Department of Education (“DOE”) issued new interim guidance for Title IX, formally withdrew prior guidance documents, including the April 4, 2011 Dear Colleague Letter and the Questions and Answers...more

Federal Agencies Announce Plan B for the Contraceptives Mandate

The triumvirate of federal agencies (HHS, DOL, IRS) responsible for enforcing the Patient Protection and Affordable Care Act (the ACA, often called Obamacare) released final interim rules significantly expanding exceptions...more

EPA Publishes Guidance for State CCR Permitting Programs

by Williams Mullen on

In April, 2015, EPA published in the Federal Register a final rule regulating the management and disposal of coal combustion residuals (CCR), commonly known as coal ash, from coal-fired power plants. Among other things, the...more

Takeaways from OCR’s Interim Guidance on Title IX

On September 22, 2017, the Office of Civil Rights (“OCR”) announced guidance describing how OCR will assess Title IX compliance while formal regulations are developed. This interim guidance, plus guidance issued by OCR in...more

The Department of Education Issues New Guidance For Title IX Proceedings

On September 22, 2017, the Department of Education’s Office for Civil Rights (the OCR) issued a new Dear Colleague Letter officially withdrawing the April 4, 2011 Dear Colleague Letter on Sexual Violence and the April 29,...more

Pullman & Comley 2017 “interim” legislative summary for schools

The Connecticut General Assembly enacted a number of laws during its 2017 regular session that will impact Connecticut schools. Among other things, bills have been enacted that: (1) “repeal and replace” last year’s radical...more

FAQs Are Not Legal Authority

by Charles (Chuck) Rubin on

The IRS's Small Business/Self Employed Division (SB/SE) has indicated that the IRS will add a provision to the Internal Revenue Manual at IRM 4.10.7 describing the lack of precedential value the IRS will grant to IRS FAQs....more

Trump Executive Orders Create Uncertainty for Health Care & Pharmaceutical Industries

As we’ve previously discussed on Health Law and Policy Matters, agencies within the Department of Health and Human Services (DHHS) pushed through several final rules towards the end of the Obama Administration. However, since...more

The Trump Administration’s (De)Regulatory Program: What It Means for Business

by Dorsey & Whitney LLP on

The Trump Administration has, through executive action, sought to bring far-reaching changes to the nation’s regulatory infrastructure. These efforts may be cheered by those who view the country as being over-regulated, and...more

One In – Two Out and Healthcare Regulation

by Dorsey & Whitney LLP on

President Trump signed an executive order (the “Order”) on January 30th, 2017 aiming to reduce bureaucracy by requiring agencies to remove two regulations for every one new regulation they implement. The cost of any new...more

OIRA guidance confirms executive order to reduce regulations does not apply to independent agencies

by Ballard Spahr LLP on

Interim Guidance issued by the Office of Information and Regulatory Affairs (OIRA) to implement President Trump’s executive order entitled “Reducing Regulation and Controlling Regulatory Costs” confirms that the order does...more

White House Issues Interim Guidance Memo on Implementation of "Two-for-One" Executive Order On Regulations, Invites Public Comment

by Bracewell LLP on

On February 2, 2017, the Acting Administrator of the Office of Information and Regulatory Affairs (“OIRA”) issued a guidance document (the “Interim Guidance”) intended to help clarify President Trump’s January 30, 2017...more

Maritime Cybersecurity Regulation on the Horizon

by King & Spalding on

Over the past year, various institutions and organizations—both domestic and international—have shown an interest in moving the increasingly prevalent cybersecurity conversation offshore. Domestically, both Congress and...more

OSHA Also Hates It When You Discourage Whistleblowers

by Brooks Pierce on

Following up on our recent coverage of the SEC’s administrative orders in BlueLinx Holdings and Health Net, we now bring you the somewhat dated “news” of interim guidance issued by the Occupational Safety and Health...more

Canada: Time for Submissions Soon Expiring in Ontario under Changing Workplace Review

by Littler on

As previously reported, the Special Advisors to the Government of Ontario, Canada released their interim report on July 27, 2016 on ways in which the Ontario Labour Relations Act (“LRA”) and Ontario Employment Standards Act,...more

OSHA Issues Special Zika Guidance to Employers

by Jackson Lewis P.C. on

The Occupational Safety and Health Administration has issued “interim guidance” to provide employers and workers information and advice on preventing occupational exposure to the mosquito-borne Zika virus....more

Zika and the Hospitality Employer: Evolving Concerns as the Virus Comes to the U.S.

We’ve previously answered some basic questions that employers may have when their employees work in or visit locations where exposure to Zika virus is a risk. With recent news concerning the first cases of transmission of the...more

Canada: Ontario Special Advisors Issue Interim Report on the Changing Workplace

by Littler on

In May 2015, the Ontario government appointed two Special Advisors to review the modern-day workplace and to consider whether the Ontario Labour Relations Act, 1995 ("OLRA") and the Ontario Employment Standards Act, 2000...more

UPDATE: Subject Matter Eligibility under 35 U.S.C. § 101 – Abstract Ideas

by Mintz Levin on

All patent applications submitted to the United States Patent And Trademark Office (USPTO) are examined subject to the requirements set forth in 35 U.S.C. §§101, 102, 103, 112, which respectively address patent eligibility,...more

USPTO Issues New Subject Matter Eligibility Examples for Life Sciences

by Morrison & Foerster LLP on

The United States Patent and Trademark Office (USPTO) recently provided updated guidance regarding the patent eligibility of subject matter related to natural products. The updated guidance may be of interest to companies...more

USPTO issues updated instructions to examiners for evaluating eligibility under Section 101

by Dentons on

As the U.S. Patent & Trademark Office continues to reject applications as being directed to ineligible subject matter in the wake of Alice Corp. v. CLS Bank Int'l, 573 U.S. __, 134 S. Ct. 2347 (2014), the agency has again...more

Zika Virus Spreading to United States: OSHA Provides Recommendations

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA Interim Guidance recommends that all employers develop and implement policies to deal with Zika virus. What is Zika? The Zika virus disease (Zika) primarily is spread through the bites of...more

CFPB finalizes December 2011 interim final rules

by Ballard Spahr LLP on

The CFPB has issued a final rule that adopts as final, the interim final rules issued  by the CFPB in December 2011 in connection with the Dodd-Frank Act’s general transfer of rulemaking authority to the CFPB for the consumer...more

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