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Regulatory Requirements Waivers

Alston & Bird

Wave Goodbye to the Waiver Debate: Court Holds Data Breach Investigation Report Not Work Product from the Start

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Litigants in data breach class actions often fight over whether a data breach investigation report prepared in response to the breach is protected by the work-product doctrine. Common areas of dispute include whether the...more

Mandelbaum Barrett PC

Cannabis Safety in New Jersey – CRC’s Updated Testing and Compliance Standards

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The cannabis industry in New Jersey is undergoing a transformation, with an increased emphasis on safety, transparency, and quality assurance. During its February 18th public meeting, the New Jersey Cannabis Regulatory...more

Sheppard Mullin Richter & Hampton LLP

FCC Issues One Year Waiver for Consent Revocation Rule

On April 7, the FCC issued an order staying the effective date of a key provision in its Telephone Consumer Protection Act (TCPA) rules. The provision—originally set to take effect on April 11, 2025—would have required that a...more

Womble Bond Dickinson

FCC Grants Narrow One Year Effective Date Extension of TCPA Consent Revocation Requirement

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Readers may recall that in February 2024, the FCC adopted a Report and Order imposing a number of new TCPA caller and texter compliance obligations in connection with consumer revocation requests, which are applicable to...more

Venable LLP

FCC Approves Narrow Delay of New TCPA Revocation Rule

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On April 7, the Federal Communications Commission (FCC) granted a limited waiver delaying by an additional year the effective date of certain parts of the new Telephone Consumer Protection Act (TCPA) rule. ...more

Bass, Berry & Sims PLC

FCC Extends Deadline for TCPA Consent Revocation Rule Compliance by One Year

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On April 7, the Federal Communications Commission (FCC) issued an Order (Extension Order) granting a limited waiver that delays the effective date of certain portions of Section 64.1200(a)(10) of the FCC’s rules by one year –...more

Saiber LLC

New Jersey Supreme Court Affirms DEP’s Discretion to Rescind Remediation In Progress Waivers, Underscoring Environmental...

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In a unanimous decision issued on April 7, 2025 in In re Appeal of the N.J. Dep’t of Environmental Protection’s Denial of Request for Adjudicatory Hearing, the New Jersey Supreme Court held that the Department of...more

Wiley Rein LLP

FCC Grants Limited Waiver for Part of the TCPA Consent Revocation Rule

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On April 7, 2025, the Consumer and Governmental Affairs Bureau (Bureau) of the Federal Communications Commission (FCC or Commission) issued an Order (Extension Order) granting a limited waiver of a new Telephone Consumer...more

Orrick, Herrington & Sutcliffe LLP

FDIC releases February enforcement actions, terminates 100 waivers

On March 28, the FDIC released a list of administrative enforcement actions taken against banks and individuals last month. During February, the FDIC issued seven safety and soundness orders, including one order terminating a...more

Robinson+Cole Health Law Diagnosis

Medicare Telehealth Flexibilities Extended through September 30, 2025

On March 14, 2025, as part of a spending bill to avert a federal government shutdown, Congress extended COVID-era telehealth “waivers” applicable to Medicare until September 30, 2025.  These were originally scheduled to end...more

Arnall Golden Gregory LLP

U.S. Department of Health and Human Services Rescinds "Richardson Waiver" Policy

On March 3, 2025, the U.S. Department of Health and Human Services (“HHS”) announced a new policy to reverse course on certain public notice and comment procedures. This marks a significant change to a process in place for...more

Troutman Pepper Locke

FERC Grants Waiver Request to Prevent Termination of Interconnection Service to the Palisades Nuclear Plant

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On February 28, 2025, FERC granted a request by Holtec Palisades, LLC (“Holtec”) for waiver of certain provisions of the Midcontinent Independent System Operator, Inc. (“MISO”) Open Access Transmission, Energy and Operating...more

Littler

Updates to Eligibility for Interview Waiver Applications at U.S. Consulates and the Potential Impact on Nonimmigrant Visa Holders

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On February 18, 2025, the U.S. Department of State superseded and updated its previously issued December 2023 post-COVID guidance on non-immigrant interview waiver applications. Under the revised guidance, Important Update on...more

Nilan Johnson Lewis PA

The Department of State Has Changed the Eligibility Requirements for a Visa Interview Waiver

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The Department of State recently changed the eligibility requirements for the Visa Interview Waiver appointments, or Dropbox appointments, for Indian nationals. Previously, it allowed Indian nonimmigrant visa applicants...more

Pillsbury Winthrop Shaw Pittman LLP

FHWA Rescinds Longstanding Buy America Waiver for Manufactured Products

On January 13, 2025, the U.S. Federal Highway Administration (FHWA) issued a final rule terminating a long-standing exception to “Buy America” domestic content requirements for manufactured products used in agency-funded...more

Ballard Spahr LLP

FHWA to Eliminate Buy America Manufactured Products Waiver for Federally-Assisted Highway Projects

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On January 14, 2025, the U.S. Department of Transportation (USDOT) Federal Highway Administration (FHWA) issued a final rule discontinuing its longstanding Buy America waiver for manufactured products used in...more

Pillsbury - CommLawCenter

FCC Grants Retroactive Six-Month Extension of Audible Crawl Waiver

Many television broadcasters were left scratching their heads last month when a longtime waiver associated with the FCC’s emergency information accessibility rules expired on November 26.  That confusion was resolved Friday,...more

McNees Wallace & Nurick LLC

Waivers and Modifications for Parking Relief: What Do You Mean We Don’t Need a Variance?

...The main issue seems to relate to the number of parking spaces required, proposed, and provided. While most developers and builders seek flexibility to provide parking in accordance with industry trends or neighborhood...more

Health Care Compliance Association (HCCA)

Understanding the requirements for waiving or altering HIPAA authorization for research

The HIPAA Privacy Rule sets forth provisions related to the waiver or alteration of authorization in relation to clinical research studies for circumstances in which it would be impractical or impossible to obtain...more

Quarles & Brady LLP

FDA Announces Guidance for DSCSA Process to Request a Waiver, Exception, or Exemption

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On Friday, August 4th, the Food and Drug Administration (“FDA”) announced the availability of a final guidance document, titled “Waivers, Exceptions, and Exemptions From the Requirements of Section 582 of the Federal Food,...more

Seyfarth Shaw LLP

What’s the Status of Buy American Requirements for Public Infrastructure Projects?

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More than a year has passed since Congress enacted the Build America, Buy America Act (“BABA”)—a sweeping change to domestic sourcing requirements for federally funded infrastructure projects. BABA, which was included as part...more

Sheppard Mullin Richter & Hampton LLP

Tracking the Waivers: Implications of the Wind Down of the COVID-19 Public Health Emergency

The White House recently announced that the COVID-19 national emergency and public health emergency (PHE) declarations will end on May 11, 2023. These declarations have been in place since the beginning of the COVID-19...more

Robinson+Cole Construction Law Zone

The AIA Releases Sworn Construction Statements, Lien Waiver and Release Forms for the First Time.

The American Institute of Architects (AIA) Contract Documents program recently released a limited number of state-specific Sworn Construction Statements and Lien Waiver and Release forms for use on construction projects. At...more

Burr & Forman

Two SEC Commissioners Disagree with Stopping Contingent Settlement Offers

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Republican-appointee Commissioners Roisman and Peirce issued a statement on February 12 publicly disagreeing with Acting Chair Lee’s recent fiat discontinuing the Enforcement Division’s practice of proposing settlements that...more

McDermott Will & Emery

CMS Establishes Online Portal for Case-by-Case Section 1135 Provider Waiver Requests

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On January 11, 2021, the Centers for Medicare & Medicaid Services (CMS) released a new web portal to more easily permit healthcare providers and other stakeholders to submit requests for specific waivers of certain healthcare...more

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