News & Analysis as of

Rescission Proposed Rules

Steptoe & Johnson PLLC

Quick! No Time to Blink! NLRB Reverts to Speedy Election Rules

The National Labor Relations Board (NLRB or the Board) issued a direct final rule on August 24, that makes 10 amendments to the election process, which will take effect December 26, 2023. The rule rescinds amendments made by...more

Proskauer - Labor Relations Update

Board Rescinds Four Provisions to 2019 Election Rule Following Federal Appeals Court Vacating the Provisions

Thursday, the NLRB issued a notice to rescind four provisions from the Board’s Rules and Regulations contained in its Final Rule published in December 2019 (the “2019 rule”). The Board’s notice rescinding all four provisions,...more

Jackson Lewis P.C.

A Deeper Dive Into FTC’s Proposed Non-Compete Rule

Jackson Lewis P.C. on

The Federal Trade Commission (FTC) proposed a new rule that, if made final, would (at least on its face) effectively prohibit non-compete agreements other than in very limited circumstances....more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Proposes Broad Ban on Worker Noncompete Clauses

On January 5, 2023, the U.S. Federal Trade Commission (FTC) issued a notice of proposed rulemaking under the FTC Act with far-reaching implications for U.S. employers. If enacted and enforced, the proposed rule would prohibit...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Proposes Rescission of Recently Issued Rules on Elections

On November 4, 2022, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) seeking to rescind the “election protection” rule published on April 1, 2020, and to restore the prior protocols,...more

Morgan Lewis

Farewell Reg AT, Hello Electronic Trading Principles

Morgan Lewis on

The US Commodity Futures Trading Commission (CFTC) on June 25 withdrew from consideration Regulation Automated Trading (Reg AT), along with its comprehensive registration and “AT Person” designation regime, and instead...more

Dechert LLP

SEC Rule Proposal: Good Faith Determinations of Fair Value Under the Investment Company Act

Dechert LLP on

The U.S. Securities and Exchange Commission on April 21, 2020 proposed a long-anticipated framework for fair valuation of fund investments. Proposed Rule 2a-5 under the Investment Company Act of 1940 would establish...more

White & Case LLP

White House Proposes Significant Rollbacks to the National Environmental Policy Act

White & Case LLP on

The Trump administration proposed rules intended to speed up approval of major projects subject to the National Environmental Policy Act (NEPA), such as pipelines, power facilities, mines, highways, and other public...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Rescission of H-4 Work Authorization Is Delayed Until Spring 2020

Implementation of the rule rescinding H-4 work authorization has been delayed yet again. According to the Department of Homeland Security (DHS), the proposed rule is not expected to be published in the Federal Register until...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/U.S. EPA Proposed Rule: Arkansas Valley Audubon Society Comments

The United States Environmental Protection Agency (“EPA”) has received thousands of comments in the Administrative Docket for the proposed revisions to the Clean Water Act definition of Waters of the United States (“WOTUS”)....more

WilmerHale

Trump Administration Seeking to Remove H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization

WilmerHale on

The Trump Administration is moving forward with plans to rescind a rule that allows the spouses of H-1B visa holders to work in the U.S. On February 22, 2019, the Department of Homeland Security (“DHS”) sent a proposed rule,...more

UB Greensfelder LLP

What to Consider as DHS Moves to Rescind H-4 Employment Authorization Document Rule

UB Greensfelder LLP on

The Department of Homeland Security (DHS) has formally moved to rescind the H-4 Employment Authorization Document (EAD) Rule, which permits the spouses of certain H-1B professionals to apply for work authorization if their...more

Dechert LLP

Financial Services Quarterly Report - Second Quarter 2018: U.S. SEC Issues ETF Rule Proposal

Dechert LLP on

The Securities and Exchange Commission on June 28, 2018 proposed Rule 6c-11 under the Investment Company Act of 1940, together with certain form amendments, which would allow most exchange-traded funds to operate without...more

Fisher Phillips

USDOL To Propose Modified Tip-Pooling Regulation

Fisher Phillips on

Readers will recall our prior posts regarding the U.S. Department of Labor's regulatory position adopted in 2011 saying that an employer may not retain any of an employee's tips even if it...more

Snell & Wilmer

EPA and U.S. Army Corps of Engineers Propose Rescission of WOTUS Rule

Snell & Wilmer on

On June 27, EPA administrator Scott Pruitt along with the assistant secretary of the Army for civil works signed a proposed rule to rescind the Obama administration “waters of the United States” or “WOTUS” rule. The proposed...more

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