News & Analysis as of

Notice of Proposed Rulemaking (NOPR) Biden Administration

King & Spalding

DOJ Issues Final Rule Restricting Foreign Access to U.S. Data

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The rule imposes substantial new diligence, reporting, cybersecurity, and auditing obligations on companies. On December 27, 2024, the U.S. Department of Justice (“DOJ”) issued a final rule implementing Executive Order...more

Wilson Sonsini Goodrich & Rosati

Proposed "Outbound Investment" Regulations Target Transactions Involving PRC Semiconductor, Quantum, and AI Businesses

New Regulations Will Require Additional Diligence for a Broad Array of Transactions, Including Many Investments in U.S. and Global Businesses - On June 21, 2024, the U.S. Treasury Department (Treasury) issued a Notice of...more

Bradley Arant Boult Cummings LLP

White Smoke: Habemus Proposed Rule Making on Marijuana Rescheduling!

The long-awaited, and recently leaked, news that DEA would begin the process of rescheduling marijuana from Schedule I to Schedule III became a reality yesterday when DEA issued a formal notice of proposed rulemaking. As we...more

Seyfarth Shaw LLP

HHS Issues New Affordable Care Act Section 1557 Nondiscrimination Regulations

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Seyfarth Synopsis: New regulations effective August 6, 2024 restore and expand scope of civil rights protections under Section 1557 of the Affordable Care Act....more

Pillsbury Winthrop Shaw Pittman LLP

Biden Administration Publishes Final Version of Title IX Regulations

The New Rules expand the scope of Title IX and change requirements for schools. The New Rules expand the definitions of sex-based harassment and hostile environment harassment and cover certain off-campus conduct....more

Eversheds Sutherland (US) LLP

FTC approves final rule banning noncompetition agreements

Restrictive covenants have traversed a tumultuous road since the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) on January 5, 2023, purporting to ban noncompetition agreements throughout the...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC’s Proposed ‘Junk Fees’ Rule Could Force Businesses To Rethink Their Marketing and Pricing

Undisclosed fees are the subject of frequent consumer complaints, often associated with shopping, traveling and subscriptions. Given their unpopularity, the “junk fees” nickname has stuck, and recent polling indicates that a...more

King & Spalding

The Administration Takes Aim At Drug Prices Again – This Time Through A Controversial Framework for Exercising March-In Rights

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The Biden Administration recently announced a plan to leverage an old tool in a new way to try to reduce drug costs: exercising “march-in rights” under the Bayh-Dole Act for drugs that were supported by government funding. ...more

Seyfarth Shaw LLP

The Biden Administration Issued Its Fall 2023 Regulatory Agenda – What Can We Expect From the DOL Wage and Hour Division’s...

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Seyfarth Synopsis: On December 6, 2023, the Biden Administration announced the release of its Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions. The U.S. Department of Labor’s Wage and Hour Division continues to...more

Pillsbury Winthrop Shaw Pittman LLP

Biden Administration Continues Campaign to Crack Down on Junk Fees

Recent actions by the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB), with support from the Biden administration, signal that protecting consumers from so-called “junk fees” remains a key...more

Seyfarth Shaw LLP

DOL Delivers a Proposed Salary Bump to FLSA Overtime Thresholds for Labor Day

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Just days before Labor Day, the U.S. Department of Labor (“DOL”) unveiled its Notice of Proposed Rulemaking (“NPRM”), aimed at revising the Fair Labor Standards Act’s overtime exemptions for executive, administrative, and...more

Pillsbury Winthrop Shaw Pittman LLP

Administration Poised to Act on “Internet of Things” Devices

The FCC and House of Representatives have begun discussions on the safety and security of IoT modules from China. The FCC adopted a Notice of Proposed Rulemaking to create an Internet of Things (IoT) cybersecurity labeling...more

Sheppard Mullin Richter & Hampton LLP

Cybersecurity Labeling is (Almost) Here! Biden Administration Announces the U.S. Cyber Trust Mark Program

On July 18, 2023, the Biden Administration announced the launch of the long-awaited cybersecurity labeling program, called the “U.S. Cyber Trust Mark,” aimed at providing consumers with a better understanding of the...more

Bracewell LLP

FTC Proposes Sweeping Changes to US Merger Filing Requirements

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On June 27, 2023, the Federal Trade Commission (FTC), in concurrence with the Antitrust Division of the US Department of Justice (DOJ), announced a proposal to drastically overhaul the Hart-Scott-Rodino (HSR) premerger...more

Epstein Becker & Green

What’s on the Agenda? Laboratory Developed Tests Added to the Unified Regulatory Agenda Signals FDA Movement Toward New Regulatory...

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The Food and Drug Administration (“FDA” or “agency”) intends to issue a notice of proposed rulemaking in August 2023 that will “make explicit” that laboratory developed tests (LDTs) are devices under the federal Food, Drug,...more

McDermott Will & Emery

OCR Issues Proposed Rule to Modify HIPAA Privacy Rule to Include Explicit Protections for Reproductive Healthcare

McDermott Will & Emery on

On April 12, 2023, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a notice of proposed rulemaking detailing its proposal to modify the HIPAA Privacy Rule (Proposed Rule). The...more

Sheppard Mullin Richter & Hampton LLP

OCR Announces Proposed Rulemaking to Strengthen Reproductive Health Privacy

On April 12, 2023, OCR issued a Notice of Proposed Rulemaking (“NPRM”) to strengthen HIPAA’s protections around reproductive health care privacy. The NPRM responds to President Biden’s Executive Order 14076, which directed...more

Foley & Lardner LLP

What the FTC’s Proposed Ban on Employee Noncompete Agreements Could Mean for the Technology Industry

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The Federal Trade Commission (FTC) has recently turned its focus to employee noncompete clauses, with the agency announcing a proposed regulation on January 5, 2023 that would implement a near-comprehensive ban across the...more

Nilan Johnson Lewis PA

Minnesota Again Considers Banning Non-Competes

Nilan Johnson Lewis PA on

The FTC’s proposed rule banning non-competes nationally has received much attention, but the far likelier change to non-compete law for Minnesotans is from the all-DFL state government. Barely into session, the Minnesota...more

Proskauer - Minding Your Business

Four Key Takeaways from the FTC Director’s Remarks on the Proposed Rule to Ban Non-Compete Agreements

On January 11, 2023, Elizabeth Wilkins, the FTC’s Director of the Office of Policy Planning, spoke to the Capitol Forum about the FTC’s proposed rule to ban non-compete agreements. This conversation was the most significant...more

Fenwick & West LLP

Federal Trade Commission Proposes Sweeping Changes to Noncompete Agreements Nationwide

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On January 5, 2023, the Federal Trade Commission (FTC) announced its long-anticipated proposed rule, which if adopted, would essentially ban all noncompete agreements between employers and their workers that restrict such...more

Schwabe, Williamson & Wyatt PC

Update: FTC Publishes Proposed Rule Barring Non-Compete Agreements

On January 19, 2023, the Federal Trade Commission (FTC) published its proposed rule barring most non-compete agreements that would apply to employees. We previously summarized the proposed rule here....more

Mintz

Future of Non-Competes Up in the Air

Mintz on

Future of Non-Competes Up in the Air - The FTC recently announced its proposal to ban non-compete clauses in employment agreements. That proposal is currently in a 60-day period of public comment, and employers are...more

Harris Beach Murtha PLLC

Federal Trade Commission’s Focus on Non-Compete Clauses has Health Care Implications

As proposed, the Federal Trade Commission’s proposed rule to prohibit employers from using non-compete clauses in employment agreements would have sweeping impact on health care practices and hospitals employing restrictive...more

Bracewell LLP

FTC Pursues Crackdown on Employee Noncompetes

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Earlier this month, the Federal Trade Commission (FTC) launched unprecedented challenges to noncompete provisions in employment contracts through both rulemaking and individual enforcement actions. Proposed Rule to Ban...more

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