News & Analysis as of

Joe Biden Trump Administration

Cozen O'Connor

Cozen Currents: Trump's Policy Agenda in Waiting

Cozen O'Connor on

The Cozen Lens- •Donald Trump’s legal battles are taking significant time away from his campaign, but former advisors and key allies are preparing for his potential reelection. •Early polling of the 2024 presidential...more

Cozen O'Connor

Cozen Currents: Casting Trump II: The Sequel

Cozen O'Connor on

The Cozen Lens- •A second Trump administration would likely include both familiar faces from his first term and newcomers, but a lack of institutional guardrails means that former President Trump’s personnel choices will be...more

Cozen O'Connor

Cozen Currents: Threading the Needle

Cozen O'Connor on

The Cozen Lens- •With Nikki Haley announcing her bid for the presidency last week, she represents the first of what will likely be several more announcements this year. Right now, the biggest unanswered question is whether...more

Dunlap Bennett & Ludwig PLLC

“Why Can’t We Just Ban It?”: How The American Government Has Bungled The TikTok Ban

Over the past two months, the national security threats posed by the TikTok app have been more exposed than the individuals posting the videos to TikTok. Yet despite those risks, Americans continue to post content to the app,...more

Constangy, Brooks, Smith & Prophete, LLP

DACA’s in trouble, and only Congress may be able to save it

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has affirmed a lower court ruling that the Deferred Action for Childhood Arrivals program is invalid. According to the appeals court, the DACA program was...more

Morrison & Foerster LLP - Government...

Chasing The Far: DOD’s Buy American Act Final Rule

Recently, the Department of Defense (DOD) issued a final rule that immediately implements President Trump’s Executive Order (E.O.) 13881 to maximize the government’s procurement of American-made goods, products, and materials...more

Morrison & Foerster LLP

Information and Communications Technology and Services Supply Chain Developments

On November 26, 2021, the U.S. Department of Commerce (“Commerce”) published a Proposed Rule that expanded on a prior rule implementing provisions of Executive Order 13873 on Securing the Information and Communications...more

Lowenstein Sandler LLP

Key Business Considerations for U.S. Global Trade Policy

Lowenstein Sandler LLP on

As global trade policy affects supply chains and importing and exporting, companies often have interests on both sides of global trade issues. They want lower costs and efficient labor sources and want to sell their goods and...more

Morrison & Foerster LLP

Congress Re-Enters the Nord Stream 2 Fight with Amendment to NDAA

In the latest turn of events in the seemingly never-ending political saga of the Nord Stream 2 pipeline, the U.S. House of Representatives (the “House”), via an amendment to the 2022 National Defense Authorization Act...more

Lowenstein Sandler LLP

USTR Announces New Narrow Exclusion Renewal Process for Section 301 Tariffs

Lowenstein Sandler LLP on

On October 5, 2021, the Office of the United States Trade Representative (USTR) announced that it will be conducting a new but narrow exclusion renewal request process to decide whether it will extend up to 549 Section 301...more

Jackson Lewis P.C.

Administration Proposes New DACA Rule

Jackson Lewis P.C. on

Reacting to a ruling from a federal district court judge in Texas, the Biden Administration proposed a new DACA (Deferred Action for Childhood Arrivals) rule that would strengthen protections for the “Dreamers.”...more

Fox Rothschild LLP

Franchising Threat No. 2: Joint Employment Is BACK!

Fox Rothschild LLP on

The second troublesome threat is the joint employment standard. The Obama Adminstration DOL caused angst in the franchise industry in January 2016, when it adopted a joint employment standard that focused on “whether the...more

Constangy, Brooks, Smith & Prophete, LLP

Second Shoe Drops On Trump “Joint Employer” Regulations Under FLSA

On July 30, the U.S. Department of Labor published a final rule under the Administrative Procedure Act that rescinds regulatory changes that governed when “joint employer” status arises under the Fair Labor Standards Act. The...more

Constangy, Brooks, Smith & Prophete, LLP

Court Vacates Trump Administration Regs That Would Have Increased Prevailing Wage For H-1B, Green Card Workers

With the consent of the U.S. Department of Labor, a federal judge in San Francisco has vacated final regulations issued by the Trump Administration that would have significantly increased the “prevailing wage” that would...more

Vinson & Elkins LLP

Congress Repeals Trump-Era Methane Rule For The Oil & Gas Sector: What Happens Now?

Vinson & Elkins LLP on

On June 30, 2021, President Biden signed into law a joint resolution of Congress repealing a Trump administration rule that removed methane as a pollutant regulated under the Clean Air Act in the oil and gas industry...more

Vinson & Elkins LLP

Senate Acts To Remove Trump-Era Methane Rule, Opening The Door To Further Regulation Of Methane From Oil And Gas Activities

Vinson & Elkins LLP on

On April 29, 2021, the Senate passed a resolution (the “Resolution”) to disapprove a rule adopted by the Trump administration which lifted certain requirements that had been put in place by an Obama-era methane rule, also...more

Jackson Lewis P.C.

USCIS Announces Return To Deference Policy

Jackson Lewis P.C. on

Deference is back! USCIS announced that, effective immediately, it will reinstate its 2004 policy of deferring to prior determinations of eligibility. Rescinded by the Trump administration, this policy directed officers...more

Jackson Lewis P.C.

Temporary Suspension Of Entry Ends For Certain H, L, J Visa Categories

Jackson Lewis P.C. on

The restrictions on the issuance of H-1B, L-1, and J-1 nonimmigrant “guest-worker” visas, which have been in place since June 24, 2020, expired without fanfare on March 31, 2021. As a result, U.S. consulates around the world...more

Constangy, Brooks, Smith & Prophete, LLP

Biden DOL Proposes To Dismantle Trump regs On Tipping, FLSA

In a pair of proposed rules published in this morning’s Federal Register, the Wage and Hour Division of the U.S. Department of Labor has taken additional steps to derail and eventually modify regulations issued during the...more

Roetzel & Andress

The Gig Is Up: DOL To Nix Trump-Era Gig Worker Rule

Roetzel & Andress on

As anticipated, the Department of Labor (DOL) formally announced its proposal to eliminate the Trump Administration’s gig worker rule that would have provided companies an easier and simpler path to classify workers as...more

Fox Rothschild LLP

Predicting A Renewed Focus On White-Collar Crime Under President Biden’s DOJ

Fox Rothschild LLP on

During the 2020 campaign, former President Trump frequently called himself the “law and order president.” However, based upon a review of statistics from his time in office, his attention appears to have been focused on...more

Roetzel & Andress

White House Memo Reverses Trump Restrictions On Diversity Training

Roetzel & Andress on

Last week, a White House memorandum implemented President Biden’s executive order reversing former President Trump’s executive order on diversity training. Notably, both orders only applied to federal agencies, federal...more

Constangy, Brooks, Smith & Prophete, LLP

Biden Time: "Divisive" Training Ok, OSHA "Not Protective," Independent Contractor Regs Paused

And that's not all! Nail in the coffin for Trump Order on "divisive" training. In January, President Biden signed an Executive Order that revoked Trump Executive Order 13950. As Cara Crotty has written, the Trump E.O....more

Jackson Lewis P.C.

Biden Revokes Immigrant Visa Ban

Jackson Lewis P.C. on

President Joe Biden has revoked the immigrant visa ban because he believes it did not advance the interests of the United States, but instead harmed United States industries, families, and diversity immigrant visa lottery...more

Jackson Lewis P.C.

Naturalization Test Returning To 2008 Version In March

Jackson Lewis P.C. on

On March 1, 2021, USCIS will be returning to the 2008 version of the naturalization civics test. This change is a response to President Joe Biden’s Executive Order, “Restoring Faith in Our Legal Immigration System,” that...more

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