News & Analysis as of

Rulemaking Process Advanced Notice of Proposed Rulemaking (ANPRM)

Williams Mullen

Drumming Up a Change? EPA’s Review of the RCRA “Empties” Rule and Its Impact on Generators and the Drum Reconditioning Industry

Williams Mullen on

EPA recently initiated a rulemaking process aimed at reviewing how empty industrial drums are regulated under the Resource Conservation and Recovery Act (RCRA). This is a move which could have significant implications for...more

Ballard Spahr LLP

Fifth Circuit Court of Appeals strikes down FTC CARS Rule

Ballard Spahr LLP on

The Fifth Circuit Court of Appeals has struck down the FTC’s controversial CARS Rule, saying that the commission violated its own procedural rules by failing to issue an Advance Notice of Proposed Rulemaking (“ANPRM”) before...more

Troutman Pepper Locke

Fifth Circuit Vacates FTC’s CARS Rule

Troutman Pepper Locke on

Yesterday, the U.S. Court of Appeals for the Fifth Circuit issued a significant opinion vacating the Federal Trade Commission’s (FTC) Combating Auto Retail Scams Trade Regulation Rule (CARS Rule). The decision came in...more

Ballard Spahr LLP

CFPB plans to issue proposed rule mitigating the financial consequences to abuse survivors

Ballard Spahr LLP on

The CFPB intends to issue a proposed rule to address the impact of credit reporting relating to accounts of survivors of domestic violence, elder abuse, and other forms of financial abuse....more

Troutman Pepper Locke

CFPB Initiates FCRA Rulemaking to Address Coerced Debt

Troutman Pepper Locke on

On December 9, the Consumer Financial Protection Bureau (CFPB or Bureau) announced the launch of a rulemaking process addressing credit reporting on survivors of domestic violence, elder abuse, and other forms of financial...more

Sheppard Mullin Richter & Hampton LLP

FAR Council Releases Rulemaking on Prohibitions for Semiconductors

On May 3, 2024, the FAR Council published an advanced notice of proposed rulemaking (the “Advanced Notice”) seeking to implement Section 5949 of the James M. Inohfe National Defense Authorization Act for Fiscal Year 2023...more

Venable LLP

Executive Order to Prevent Access to Americans' Bulk Sensitive Personal Data and Government-Related Data by Countries of Concern

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On February 28, 2024, the Biden Administration issued Executive Order (EO) 13873, focused on restricting certain transactions involving Americans' personal data, as well as sensitive government data, to specific countries....more

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

Biden Administration Announces New Measures to Safeguard Americans’ Sensitive Personal Data

On February 28, 2024, the Biden administration announced new cybersecurity-related measures, including an executive order (EO) and advance notice of proposed rulemaking (ANPRM), intended to address the bulk flow of Americans’...more

WilmerHale

Biden Executive Order to Protect Americans’ Sensitive Personal Data and Related Rulemaking Could Impose Significant Restrictions...

WilmerHale on

On February 28, 2024, President Biden signed Executive Order 14117, “Preventing Access to Americans’ Bulk Sensitive Personal Data and U.S. Government-Related Data by Countries of Concern” (the EO), under the authority of the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 PTAB Year in Review: Analysis & Trends: Federal Circuit Cases Exploring a Year of Rules, Rulemaking, and Rule Enforcement at...

A trio of cases this past year illustrate a trend of increasing importance in the power of Patent-Office rulemaking and enforcement, and the influence it has on patent owners and challengers alike....more

BakerHostetler

Keeping Up with the FTC Rulemakings - Part One

BakerHostetler on

We love two-parters. Who shot J.R.? Who shot Montgomery Burns? Well, perhaps this one won’t be quite as much fun – but checking in on FTC rulemakings also warrants the two-parter treatment. ...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition): Shaping the PTAB’s Rulemaking and Rule Enforcement...

A trio of cases this past year illustrate a trend of increasing importance of the Patent Office’s rulemaking and enforcement. Parus Holdings, Inc. v. Google LLC, 70 F.4th 1365 (Fed. Cir. 2023) The Federal Circuit’s...more

Venable LLP

Unpacking the FTC’s Negative Option Rule Informal Hearing

Venable LLP on

Earlier this week, the Federal Trade Commission (FTC) held its informal hearing on the proposed amendments to the Negative Option Rule. Clearly on display was not only industries’ concern about the impact of the proposed...more

Ballard Spahr LLP

Trade groups urge CFPB to issue ANPR on FCRA rulemaking

Ballard Spahr LLP on

In September 2023, the CFPB announced that it was launching a Fair Credit Reporting Act rulemaking and issued an outline of the proposals it is considering in preparation for convening a Small Business Advisory Review Panel. ...more

Seward & Kissel LLP

United States Issues New Executive Order that Begins Rulemaking Process to Impose Regulations on Certain Outbound Investments in...

Seward & Kissel LLP on

On August 9, 2023, President Biden issued Executive Order 14105 “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern.” The Executive Order targets certain U.S....more

BakerHostetler

Recapping the FTC Rulemakings Initiated Since 2021 - A Lot of Announcements and Just a Few Developments

BakerHostetler on

It has been just over two years since Lina Khan was appointed FTC Chair, and a hallmark of her tenure on the consumer protection side has been the enormous amount of rulemaking initiated by the agency. For a while, the agency...more

Holland & Knight LLP

EPA's Latest CERCLA Action on PFAS

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) on April 12, 2023, released an Advance Notice of Proposed Rulemaking (ANPRM) seeking public input and data to assist in the consideration of potential development of future...more

Venable LLP

FTC Issues New Rulemaking Proceedings on Customer Reviews and “Junk Fees”

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​​​​​​​Last week at its monthly open meeting, the Federal Trade Commission (FTC) unveiled two new rulemaking proceedings: the first deals with deceptive customer reviews and endorsements and the second with so-called junk...more

BakerHostetler

The 15th Commission Meeting Brings Us Back to the 1970s with More Rulemaking

BakerHostetler on

​​​​​​​If there were any question whether the current Federal Trade Commission (FTC) was reenacting the 1970s, that question has been put to rest. And unfortunately, it’s not about seeing Grace Jones, Liza Minnelli and Andy...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - August 2022

In this month’s Privacy & Cybersecurity Update, we review the FTC’s proposed data privacy and cybersecurity rulemaking and the European Data Protection Board’s draft guidelines on the calculation of GDPR administrative fines....more

ArentFox Schiff

Privacy Report: FTC Publishes Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security

ArentFox Schiff on

FTC Publishes Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security - Concerned that companies use secret surveillance practices to collect “vast troves” of consumer information, the Federal...more

Perkins Coie

FTC Kicks Off Wide-Ranging Privacy Rulemaking

Perkins Coie on

The Federal Trade Commission (FTC) released an advance notice of proposed rulemaking (ANPRM) on “Commercial Surveillance and Data Security” on August 11, 2022. The ANPRM, approved on a 3-2 party-line vote, is the initial step...more

Hogan Lovells

FTC announces advanced notice of proposed rulemaking on commercial surveillance and data security

Hogan Lovells on

The FTC has issued a long-anticipated Advanced Notice of Proposed Rulemaking (ANPR) regarding commercial surveillance and data security practices. The FTC invites public comment on a wide range of issues (through more than 95...more

WilmerHale

FTC Issues Long-Awaited Privacy-Focused Advance Notice of Proposed Rulemaking

WilmerHale on

On August 11, 2022, the Federal Trade Commission (the FTC or the Commission) published an Advance Notice of Proposed Rulemaking (ANPR) to request public comment on the prevalence of “commercial surveillance and data security...more

Proskauer - New Media & Technology

Businesses That Use Consumer Data or Data Products (Everyone?) Take Heed: FTC Moves Ahead with Rulemaking Process on “Commercial...

On August 11, 2022, the Federal Trade Commission (FTC) issued an Advance Notice of Proposed Rulemaking (ANPR) and announced it was exploring a rulemaking process to “crack down on harmful commercial surveillance” and lax data...more

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