Evelyn French

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Latest Posts › Administrative Procedure Act

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FTC Invokes New and Expanded Powers to Propose Bar on Employee Non-Competes

The Federal Trade Commission continues to focus on labor-market competition issues with a set of settlements based on its newly asserted FTC Act Section 5 “stand alone” authority, and a highly controversial proposed...more

1/10/2023 / Administrative Procedure Act , Biden Administration , Employment Contract , Executive Orders , Federal Trade Commission (FTC) , FTC Act , Non-Compete Agreements , Non-Disclosure Agreement , Notice of Proposed Rulemaking (NOPR) , Restrictive Covenants

Fifth Circuit Finds Flaws in CPSC Rulemaking on Phthalate Limits Highlighting Another Rulemaking Misstep for the Agency

The Administrative Procedure Act (the “APA”) requires federal agencies to take specific steps when creating new rules and regulations. As a federal agency, the Consumer Product Safety Commission (the “CPSC”) must follow these...more

3/22/2021 / Administrative Procedure Act , Consumer Product Safety Commission (CPSC) , Consumer Product Safety Improvement Act (CPSIA) , Rulemaking Process , Safety Standards

CPSC Sued Over Lack of Access to Consensus Standard Incorporated Into CPSC Regulation

An interesting and potentially very important case not only in CPSC world but for thousands of statutes and regulations is pending in a federal court of appeals. On May 18th, a civil rights group filed its opening brief...more

5/27/2020 / Administrative Procedure Act , Child Safety , Children's Products , Consumer Product Safety Act (CPSA) , Consumer Product Safety Commission (CPSC) , Incorporated by Reference , Rulemaking Process , Safety Standards

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