News & Analysis as of

Obama Administration

New York Court Blocks DACA Demise

On February 13, 2018, a U.S. district court in New York issued a nationwide preliminary injunction halting the Trump administration’s efforts to end the Deferred Action for Childhood Arrivals (DACA) program. President Donald...more

EPA's Fiscal Year 2017 Statistics Reflect Accelerating Decline in Federal Environmental Enforcement

by BakerHostetler on

On February 8, 2018, the U.S. Environmental Protection Agency (EPA) released its environmental enforcement statistics for fiscal year 2017 (FY 2017). Because EPA’s fiscal year ends in September, the newly released statistics...more

Currents - Energy Industry Insights - February 2018 #2

Oil World Turns Upside Down as U.S. Sells Oil in Middle East - "Yet, in a trade that illustrates how the rise of the American shale industry is upending energy markets across the globe, the U.A.E. bought oil directly from...more

[Webinar] Borrower Defense Rule: Negotiated Rulemaking Session 3 - February 21st, 12:00pm CT

by Thompson Coburn LLP on

On November 13, 2017, the U.S Department of Education began the process of overhauling a complex and controversial Obama-era regulation commonly referred to as the “borrower defense” rule. Thompson Coburn Partner Aaron...more

DOL Reinstates Bush-Era Wage and Hour Opinion Letters

Last year, the U.S. Department of Labor’s Wage and Hour Division announced its intent to again issue opinion letters in response to wage payment questions posed to the agency by employers and employees. Last month, DOL...more

CFPB Class Action Waiver Rule Invalidated Amidst Ongoing Diminution of CFPB Power

by Miles & Stockbridge P.C. on

In October 2017, the United States Senate voted to invalidate a rule promulgated by the Consumer Financial Protection Bureau (“CFPB”), which would have prohibited financial institutions from using arbitration agreements in...more

Trump EPA Will Not Stay Landfill Methane Rules

by Stoel Rives LLP on

In early January 2018, the U.S. Environmental Protection Agency (“EPA”) decided to halt previous proposals to stay methane rules for new and existing landfills. The Obama Administration’s EPA issued the final New Source...more

NLRB Overturns Obama-Era Limitation on Employers' Ability to Implement Changes in Union Workplaces

by Payne & Fears on

The National Labor Relations Board has overturned E.I. du Pont de Nemours, 364 NLRB No. 113 (2016), a 2016 decision that limited changes employers could implement in union workplaces. The Board’s reversal means that...more

II-26 – Superbowl Concerns, Tax Reform/MeToo, Restrictive Covenant Crimes, and Expanded Religious Discrimination Theories

by Cozen O'Connor on

Is the Superbowl creeping into your workplace this week? Does Washington’s new tax reform impact how you settle sexual harassment cases? Can you actually go to jail for signing a restrictive covenant? Is there a new kind of...more

SCOTUS Rules Clean Water Rule Challenges Belong in District Court

by Dorsey & Whitney LLP on

The Supreme Court held unanimously Monday that challenges to the Obama Administration’s 2015 “Clean Water Rule,” which defined “waters of the United States” (“WOTUS”) subject to regulation under the Clean Water Act (“Act”),...more

2018 Outlook on the Clean Power Plan

Heading into 2018, undoing the Clean Power Plan, the Obama Administration’s signature regulation for addressing climate change, remains a high priority under the Trump Administration. While 2017 was rife with statements, some...more

US Attorney General Sessions reverses Obama administration policy on cannabis

by Dentons on

In a memorandum issued on January 4, 2018, Attorney General Jeff Sessions reversed an Obama-era policy that the Department of Justice (DOJ) would not devote resources to the prosecution of persons acting in compliance with...more

Currents - Energy Industry Insights - January 2018 - Issue 2

Ohio Supreme Court Joins Texas and Oklahoma in Holding the State Does Not Recognize a Separate Implied Covenant to Explore Further - "We conclude that Ohio does not recognize an 'implied covenant to explore further'...more

National Labor Relations Board Ends 2017 with a Flurry of Significant Decisions Reversing Recent Pro-Employee Precedents

by Dechert LLP on

Abandonment of Controversial Standards for Joint Employment and Review of Employer Policies Headline Slew of Changes - Since the election of President Trump, it has been a question of “when,” not “if,” the National Labor...more

[Webinar] Borrower Defense Rule: Negotiated Rulemaking Session 2 - January 24th, 12:00pm CT

by Thompson Coburn LLP on

On November 13, 2017, the U.S Department of Education began the process of overhauling a complex and controversial Obama-era regulation commonly referred to as the “borrower defense” rule. Thompson Coburn Partner Aaron...more

An Early Groundhog Day: DOL Reissues 17 Opinion Letters That Had Been Withdrawn in 2009

On January 5, 2018, the U.S. Department of Labor (DOL) reissued 17 previously withdrawn opinion letters addressing a wide range of topics under the Fair Labor Standards Act (FLSA). The former acting administrator of the DOL’s...more

DOL Gives Credit to Unpaid Student Interns After Getting Schooled by the Courts

Over the last few years, several federal courts—and, most recently last month, another appellate court—rejected the Obama administration’s mandatory six-prong test for whether someone can properly be classified as an unpaid...more

Cannabis Chaos: Justice Department Revokes Obama-Era Guidance on Marijuana Enforcement

by McDermott Will & Emery on

On January 4, 2018, Attorney General Jefferson B. Sessions announced, in a memorandum to all US Attorneys, the immediate revocation of five Obama Administration policies on federal marijuana enforcement, including Guidance...more

M&A Watch: Ant Financial and MoneyGram Terminate Merger Agreement Due to CFIUS Concerns

by Shearman & Sterling LLP on

MoneyGram International Inc. and Ant Financial Services Group recently announced the termination of their agreement providing for the acquisition of Texas-based money transfer company MoneyGram by China-based Ant Financial...more

Timberlands Regulation under the @realDonaldTrump  Administration 

by Stoel Rives LLP on

Those who closely watch the current White House pay particular attention to one Twitter handle: @realDonaldTrump. President Trump is not the first US president to use Twitter to communicate to the country. But I think it’s...more

D.C. Circuit Rejects All Industry Challenges to OSHA’s New Silica Standards

On Friday, December 22, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected all of American industry’s many challenges to the Occupational Safety and Health Administration’s (OSHA) new silica dust...more

Currents - Energy Industry Insights - December 2017 #3

Trump Delivers a Mixed Message on His National Security Approach - "In another shift from his predecessor, Mr. Trump's strategy does not recognize the changing climate as a threat to national security. The document instead...more

The Pendulum Swings at the NLRB

by Murtha Cullina on

The National Labor Relations Board has always been known to be a political agency. However, the political nature of the Board has been heightened in the last several decades....more

I-23- Stunning End-Of-Year NLRB Developments: An Extensive Interview With Former NLRB Associate General Counsel Barry Kearney

by Cozen O'Connor on

Thought 2017 would end quietly? The month of December has seen several stunning decisions by the NLRB which impact Obama-era precedent, and which will impact employers and employees going forward in 2018. Joining this episode...more

NLRB Ends Unionizing of Micro-Units

by Payne & Fears on

In the final days of 2017, the National Labor Relations Board (NLRB) nixed yet another Obama-Era decision, overruling a highly controversial decision in Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB 934...more

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