News & Analysis as of

Regulatory Freeze

OIG finds incomplete CFPB response to unaccounted-for-laptops

by Ballard Spahr LLP on

The CFPB’s Office of Inspector General has issued a report indicating that, in performing an audit of the CFPB’s encryption of data on mobile devices issued to staff members, the OIG found the CFPB had not yet completed all...more

Client Alert: U.S. Department of Health and Human Services ("HHS") Delays Effective and Compliance Date for the Revised Common...

The Federal Policy for the Protection of Human Subjects, or the “Common Rule,” was originally published in 1991 and has been adopted and codified in separate regulations by HHS and 15 other federal departments and agencies. ...more

Senator Warren claims CFPB data collection freeze unjustified

by Ballard Spahr LLP on

In a letter to Leandra English and Mick Mulvaney, Senator Elizabeth Warren calls the freeze imposed by Mr. Mulvaney on the CFPB’s collection of personally identifiable information (PII) “unjustified.” (Not surprisingly,...more

CFPB withdraws request to OMB to conduct online debt collection survey

by Ballard Spahr LLP on

The CFPB has withdrawn its request to OMB to conduct an online survey of 8,000 individuals as part of its research on debt collection disclosures. Last month, the CFPB published a notice in the Federal Register that it was...more

NLRB Rejects Browning-Ferris and Returns to Prior Joint-Employer Standard that Benefits Union and Non-Union Employers Alike

by Littler on

On December 14, 2017, just two days before the end of Chairman Philip Miscimarra’s term, the new Republican majority at the National Labor Relations Board continued its shift in labor policy and issued yet another reversal of...more

CFPB data collection freeze impacting CFPB examinations

by Ballard Spahr LLP on

Since Mick Mulvaney’s appointment by President Trump as CFPB Acting Director, there have been widespread media reports about Mr. Mulvaney’s plans to impose a freeze on the CFPB’s collection of personally identifiable...more

Mulvaney puts hold on CFPB data collection, takes other actions as Acting Director

by Ballard Spahr LLP on

We have previously blogged about reports that Mick Mulvaney, President Trump’s designee as CFPB Acting Director, has put a 30-day freeze on all regulatory action, CFPB hiring, and new enforcement cases. ...more

CFPB changes direction in enforcement action; Mulvaney names senior advisor

by Ballard Spahr LLP on

A new filing by the CFPB in its action against Nationwide Biweekly Administration Inc. may be an indicator of the enforcement philosophy of Mick Mulvaney, President Trump’s designee as CFPB Acting Director, and how that...more

Democratic Senators oppose Mulvaney freeze on payments from CFPB civil penalty fund/English reported to urge continued enforcement...

by Ballard Spahr LLP on

At a press conference on November 27, Mick Mulvaney, President Trump’s designee for CFPB Acting Director, is reported to have announced that he has placed a 30-day freeze on all regulatory action, CFPB hiring, and payments...more

TRO denied in CFPB Acting Director dispute; Mulvaney imposes regulatory freeze

by Ballard Spahr LLP on

Tuesday afternoon, Judge Timothy Kelly of the D.C. federal district court denied Leandra English’s motion for a temporary restraining order (TRO) to prevent President Trump from appointing or recognizing the appointment of a...more

It’s Not Much, but It’s a Start: The Regulators Freeze Certain Capital Requirements

by Vedder Price on

On August 22, 2017, the Office of the Comptroller of the Currency (the “OCC”), the Federal Deposit Insurance Corporation (the “FDIC”) and the Board of Governors of the Federal Reserve System (the “FRB”) (the OCC, FDIC and FRB...more

DOJ Disables Titles II and III Website Regulations

The U.S. Department of Justice (DOJ) has placed its once-planned website accessibility regulations under Titles II and III of the Americans with Disabilities Act (ADA) on an inactive list, putting to rest speculation about...more

IRS Reissues Proposed Regulations for Centralized Partnership Audit Regime

by Morrison & Foerster LLP on

The new rules represent a complete overhaul of partnership audit, assessment, and collection procedures. Taxpayers should review and potentially amend partnership agreements before the new rules are scheduled to take effect...more

Start Date Delayed for EPM, Cardiac Rehabilitation and CJR Episodes of Care

by Baker Ober Health Law on

CMS recently announced that the effective start dates for episodes of care under the Episode Payment Model (EPM), Cardiac Rehabilitation Incentive Payment Model (CR) and the revisions to the Comprehensive Care for Joint...more

SBA Further Delays the Adoption of the SBIC Passive Business Rule Impacting BDCs with SBIC Subsidiaries

On May 2, 2017, the Small Business Administration (SBA) published a notice (the May 2 Notice), delaying the effective date of the final rule of the Passive Business Rule (the New Rule) under § 107.720 of the small business...more

Trump Administration Responds to Lawsuit Challenging “Two for One” Executive Order

by Williams Mullen on

Last month we discussed President Trump’s recent executive order entitled “Reducing Regulation and Controlling Regulatory Costs,” and the legal challenge that followed. The Order called for executive agencies to identify two...more

Trump Administration May Prompt Surge in Occupational Disease Claims

by Howard Ankin on

One of President Trump’s first executive actions in 2017 was to impose a federal hiring freeze on civilian employees. This freeze is expected to prompt a surge in occupational disease claims and other types of workers...more

Deregulation in D.C.: What You Need to Know About Trump Regulatory Repeal

If your organization is subject to onerous federal regulations—and whose isn’t nowadays?—you may be wondering how to find the right opportunity to suggest regulatory reforms to the Trump administration and Congress. Here’s...more

Environmental Notes - April 2017

by Williams Mullen on

Most industrial facilities will, at some point, be inspected by an environmental regulatory agency. Generally, regulatory agencies have authority to enter public or private property that is governed by an environmental...more

President Trump’s Two for One Deal

by Williams Mullen on

In his first week in office, President Trump issued executive orders freezing all pending federal regulations and halting executive agency hiring. To begin week two, the President issued an executive order requiring federal...more

Regulatory Freeze on Tax Guidance Begins to Thaw While Scope of Regulatory Reduction Order Still Unclear

by Fox Rothschild LLP on

On January 20, 2017, the White House issued a Memorandum freezing all new regulations (former President Obama issued a similar freeze at the start of his administration). In addition, on January 30, 2017, the President...more

Tax Tips

Internal Revenue Service Temporarily Holding Off on Issuing New Regulations - The Internal Revenue Service is temporarily holding off on issuing new rules while evaluating the impact of executive orders from President...more

SBA Further Delays Rule on SBIC Passive Business Financing

by Pepper Hamilton LLP on

The rule has been further delayed to enable SBA to consider further the rule's impact on the SBIC program and its participants, and to make necessary determinations regarding the rule’s effects on SBAs examination and...more

New Exclusion Rule on the Horizon

by Davis Wright Tremaine LLP on

On January 12, 2017, the Department of Health and Human Services Office of Inspector General (“OIG”) published a final rule which provides guidance on its new and expanded bases for permissive exclusion from federal health...more

New OIG Exclusion Authority Rule Set To Go Into Effect on March 21, 2017

On January 12, 2017, just a week prior to President Trump’s Inauguration, the Department of Health and Human Service (HHS) Office of Inspector General (OIG) published a final Rule (Rule) regarding one of its most important...more

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