News & Analysis as of

Notice and Comment

Adams & Reese

Cleared for Launch: Department of Commerce Releases Space Commerce Certification Framework for Novel Space Activities

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On March 24, 2026, the Office of Space Commerce (OSC) at the Department of Commerce (Commerce) published a proposed process to authorize novel space activities not currently or directly addressed by existing regulatory...more

Orrick, Herrington & Sutcliffe LLP

FHFA reinstates ‘grandfather’ exceptions to Private Transfer Fee Covenants regulation

On March 17, the FHFA amended its “Private Transfer Fee Covenants Regulation,” to reinstate “grandfather” exceptions. The rule restores timing and transitional applicability provisions that exempt mortgages on properties...more

Hogan Lovells

Lawsuit challenges USDA approval of SNAP waivers in five states

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On March 11, 2026, a group of Supplemental Nutrition Assistance Program (SNAP) beneficiaries filed suit in the U.S. District Court for the District of Columbia challenging the U.S. Department of Agriculture's (USDA) recent...more

Fenwick & West LLP

Shareholders Challenge SEC's New No-Objection Policy

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The Interfaith Center on Corporate Responsibility (ICCR) and As You Sow, represented by Democracy Forward, have filed a complaint against the U.S. Securities and Exchange Commission (SEC) over the SEC’s new No-Objection...more

Hogan Lovells

UPDATE: March 20, 2026 Deadline for Comments on GSA’s Proposed AI Clause Extended to April 3, 2026

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On March 6, 2026, the General Services Administration (GSA) proposed GSAR 552.239‑7001, Basic Safeguarding of Artificial Intelligence Systems—a first‑of‑its‑kind contract clause aimed at imposing dedicated, AI‑specific...more

Morgan Lewis

Sixth Circuit Rejects the NLRB’s Cemex Bargaining Order Standard

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The US Court of Appeals for the Sixth Circuit held that the National Labor Relations Board (NLRB or the Board) exceeded its adjudicatory authority by issuing its Cemex decision—which dramatically changes the rules governing...more

Tannenbaum Helpern

EEOC Recission of Harassment Enforcement Guidelines

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On January 22, 2026, the United States Equal Employment Opportunity Commission (“EEOC”) voted to rescind its 2024 Enforcement Guidance on Harassment in the Workplace (“Harassment Guidance”)....more

McDermott Will & Schulte

USPTO Director IPR institution discretion survives APA challenge

The US Court of Appeals for the Federal Circuit concluded that the United States Patent and Trademark Office’s (USPTO) framework for discretionary denials of inter partes review (IPR) is a general statement of policy, not a...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: PTO Director Guidance on Discretionary Denials is Exempt from Notice-and-Comment Rulemaking

The Federal Circuit recently addressed whether the PTO must conduct notice‑and‑comment rulemaking before issuing instructions that guide how the Board should exercise discretion at the institution stage of IPRs. The court...more

Foley & Lardner LLP

Federal Court Invalidates Biden-Era HSR Reforms

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On Thursday, February 12, 2026, a federal court in Texas threw out a series of sweeping changes to the Hart-Scott-Rodino (HSR) premerger notification system that had been adopted in the closing months of the Biden...more

Cooley LLP

Reports Suggest CFPB Plans Full Notice-and-Comment Rulemaking for Open Banking Rewrite

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Reportedly, the Consumer Financial Protection Bureau (CFPB) now plans to pursue a notice‑and‑comment rulemaking process for its rewrite of the Biden‑era open banking rule, marking a shift from prior indications that the CFPB...more

Gibney Anthony & Flaherty, LLP

Federal Court Pushes Back on USCIS EB-1A Adjudication Framework

On January 28, 2026, a federal court issued a significant decision limiting USCIS’s authority to deny EB-1A Extraordinary Ability immigrant petitions based on its long-standing “final merits determination” framework. ...more

Miller Nash LLP

Update: Proposed Amendments to Washington's Insurance Claims Handling Regulations

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Shortly after we published Khalid Aziz's post discussing the Washington Office of the Insurance Commissioner’s (“OIC”) proposed changes to the state’s claims-handling regulations, the OIC released an updated version. As...more

Ice Miller

FCC Move to Restrict Municipal Permitting Draws Sharp Divisions Between Cities, Utilities, and Broadband Industry Stakeholders

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The Federal Communications Commission (FCC) is considering regulatory action to expedite the deployment of wireline and wireless broadband infrastructure by examining state and local permitting practices that it believes may...more

Fox Rothschild LLP

Update in PFAS Drinking Water Litigation

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As previously reported, in the context of litigation by utilities challenging Maximum Contaminant Levels (“MCLs”) for PFAS in drinking water, the United States Environmental Protection Agency (“EPA”) filed a Motion to Vacate...more

DLA Piper

Accelerating deregulation: What OIRA’s new guidance means for businesses

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The Office of Information and Regulatory Affairs (OIRA), a division of the Office of Management and Budget (OMB) in the Executive Office of the President, issued a memorandum titled “Streamlining the Review of Deregulatory...more

Kelley Drye & Warren LLP

Former Missouri Attorney General Quietly Withdraws First of Its Kind Content Moderation Rule

Just before the former Missouri Attorney General Andrew Bailey resigned from office earlier this month, his office quietly issued a withdrawal notice for a rule that would have prohibited social media companies from requiring...more

Holland & Knight LLP

The Path to Class VI Primacy in Texas: MOA Reveals State and Federal Priorities for Program

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Stakeholders following developments in states obtaining primary authority for implementation and enforcement of permitting of carbon storage and sequestration wells, take notice. With a recent Memorandum of Agreement between...more

Holland & Knight LLP

CFPB Seeks Dismissal of Pending UDAAP Examination Manual Litigation

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The CFPB on April 30, 2025, filed a joint stipulation to dismiss its appeal pending before the U.S. Court of Appeals for the Fifth Circuit regarding an agency policy that expands the scope of antidiscrimination oversight....more

Holland & Knight LLP

Trump Executive Order Requires FERC, Other Agencies to Add Sunset Rule into Regulations

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President Donald Trump issued an executive order (EO) titled "Zero-Based Regulatory Budgeting to Unleash American Energy" that directs the Federal Energy Regulatory Commission (FERC) and three other federal agencies to...more

Venable LLP

The Treasury Department's Financial Crimes Enforcement Network Eviscerates the Corporate Transparency Act

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On March 21, the Treasury Department's Financial Crimes Enforcement Network (FinCEN) issued its "Interim final rule; request for comments" that removes any requirement for U.S. companies or U.S. persons to submit beneficial...more

Holland & Knight LLP

Corporate Transparency Act Interim Final Rule Issued

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In the latest development of the ongoing Corporate Transparency Act (CTA) saga, the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on March 21, 2025, issued an interim final rule that...more

Williams Mullen

Corporate Transparency Act Update: All Domestic Reporting Companies and U.S. Citizens Exempt from CTA

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In a release dated March 21, 2025, FinCEN announced an Interim Final Rule that significantly narrows the scope of the Corporate Transparency Act (the “CTA”). The Interim Final Rule goes into effect immediately when published...more

Faegre Drinker Biddle & Reath LLP

HHS Rescission of the Richardson Waiver and Unintended Legal Consequences for Drug and Device Manufacturers

On March 3, 2025, the U.S. Department of Health and Human Services (HHS) published a policy statement rescinding a decades-old administrative exemption for notice-and-comment rulemaking known as the Richardson Waiver. Written...more

Alston & Bird

Trump Administration Changes Seek to Avoid Notice and Comment Hurdles

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Our Health Care and Health Care Litigation Groups examine a policy move by the Department of Health and Human Services (HHS) that will allow the department to forgo notice and comment procedures for many of its regulations....more

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