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Government Agencies Regulatory Requirements Constitutional Challenges

Wiley Rein LLP

New Executive Order Calls for Reforming Federal Grant Oversight

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WHAT: On August 7, 2025, President Trump released an Executive Order (EO), “Improving Oversight Of Federal Grantmaking.” Citing a study from 2024 that claimed more than a quarter of the new National Science Foundation (NSF)...more

A&O Shearman

Italian Medical Device Payback: Italy approves 75% reduction on medical device payback to end disputes

A&O Shearman on

Background: The Payback Mechanism and Its Impact - Italy’s payback system for medical devices has been a source of significant upheaval in the sector, with both domestic and international companies closely monitoring...more

Hogan Lovells

Turnaround of Medical Cannabis in Germany? – Draft bill by new German Government to address alleged missteps

Hogan Lovells on

On June 18, 2025, the Federal Ministry of Health (Bundesministerium für Gesundheit - BMG) published a draft bill proposing severe amendments to the German Medical Cannabis Act (Medizinal-Cannabis Gesetz - MedCanG) – just a...more

King & Spalding

NJ Supreme Court Held that Charity Care is Not Unconstitutional Taking

King & Spalding on

On July 16, 2025, the New Jersey Supreme Court unanimously ruled that the state’s charity care requirement—which mandates that hospitals must treat patients regardless of their ability to pay—does not amount to...more

Mayer Brown

Brasília em Pauta – Edição Nº 205

Mayer Brown on

Prezados e prezadas, O “Brasília em Pauta” é um boletim semanal preparado pela equipe de Contencioso de Brasília, contendo os principais casos a serem julgados pelo Supremo Tribunal Federal (STF), Superior Tribunal de...more

Smart & Biggar

What the Canuck?! Understanding scandalous, obscene and immoral marks in Canada

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“Scandalous, obscene or immoral” trademarks are not only unregistrable in Canada, but they are also unlawful to adopt in connection with a business “as a trademark or otherwise.” While similar prohibitions have been deemed...more

Otten Johnson Robinson Neff + Ragonetti PC

Governor and Municipalities in Dispute over Implementation of Strategic Growth Legislation

On May 16, 2025, Governor Jared Polis signed Executive Order D 2025 005 (“Order 005”) to address implementation of recently-passed strategic growth legislation.  As discussed below, Governor Polis has ordered certain state...more

Seyfarth Shaw LLP

I’ll Be Back: Oregon OSHA’s “For-Cause” Inspection Program May Result in an Unlawful Return Visit

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Oregon OSHA institutes program for comprehensive follow-up inspections based on an employer’s violation history, which necessitates employer care during inspections and negotiation of settlements....more

Blake, Cassels & Graydon LLP

Bill 109: Quebec Moves to Regulate Discoverability of French-Language Content on Digital Platforms

On May 21, 2025, Bill 109, An Act to affirm the cultural sovereignty of Québec and to enact the Act respecting the discoverability of French-language cultural content in the digital environment (Bill) was introduced in the...more

Latham & Watkins LLP

Latest Developments in Fight Over California’s Climate Disclosure Laws

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A preliminary injunction motion is set for May, the judge issued a scheduling order, and CARB announced a public workshop to kick off a rulemaking to implement the laws....more

Downey Brand LLP

Court Overturns Prop 65 Acrylamide Warning

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On May 2, a federal district court in Sacramento permanently enjoined the Prop 65 warning for acrylamide in food, finding it to be unconstitutional. At issue in the case, California Chamber of Commerce v. Bonta (E.D. Cal. No....more

Littler

FCC Takes Aim at Media Companies’ IE&D Efforts

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Federal Communications Commission (FCC) Chair Brendan Carr recently revealed in a social media post the agency’s latest probe into various media entities’ inclusion, equity, and diversity efforts....more

Wiley Rein LLP

Fourth Circuit Stays Preliminary Injunction of DEI-Focused Executive Order Provisions

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WHAT: The U.S. Court of Appeals panel has stayed a preliminary injunction that the U.S. District Court for the District of Maryland had issued covering parts of two Executive Orders: EO 14151, “Ending Radical and Wasteful...more

Jenner & Block

Client Alert: Recent Executive Actions on Agency Independence—Not-Quite-Hot Takes for FERC

Jenner & Block on

In a spate of executive orders and other actions over the last several weeks, the new administration has moved to exert unprecedented control over independent regulatory agencies, including the Federal Energy Regulatory...more

Davis Wright Tremaine LLP

New Administration Outlook: A New and Demanding Process of Regulatory Analysis and Reduction – Asserting the Unitary Executive...

Trump Administration continues aggressive use of Executive Orders to assert Article II powers. Latest EO will require one of the most extensive regulatory reviews ever....more

Lippes Mathias LLP

New York’s Highest Court Rules State Ethics and Lobbying Regulator Passes Constitutional Muster

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By the narrowest of margins, the New York Commission on Ethics and Lobbying in Government (“COELIG”) fended off a separation of powers challenge brought by former Governor Andrew Cuomo. The Court of Appeals, in a 4-3 decision...more

Morgan Lewis

New Supreme Court FCA Decision Avoids Thorny Claim Questions, Reiterates Interest in Constitutional Challenge

Morgan Lewis on

In its most recent False Claims Act decision, the US Supreme Court opted for a narrow “claim” definition analysis, limiting its impact to those involved in the E-Rate program, but signaled interest in addressing the...more

Cooley LLP

Executive Order deletes “independent” from “independent regulatory agencies”

Cooley LLP on

On Tuesday, the President signed a new Executive Order claiming that “independent” federal regulatory agencies, such as the SEC, shouldn’t really be so independent after all. Rather, the Order contends, they all should be...more

Akin Gump Strauss Hauer & Feld LLP

New Executive Order Aims to Curb the Authority of Independent Agencies, Including the FCC

On February 18, 2025, President Trump issued a new Executive Order (EO) entitled “Ensuring Accountability for All Agencies,” which attempts to expand presidential authority over heretofore independent regulatory agencies. The...more

Akin Gump Strauss Hauer & Feld LLP

Ensuring Lawful Governance and Implementing the President’s “Department of Government Efficiency” Deregulatory Initiative (Trump...

Directs agency heads, in coordination with their Department of Government Efficiency (DOGE) team lead and the Office of Management and Budget (OMB) Director, to initiate a process to review all agency regulations and rescind...more

Whiteford

Client Alert: Administration’s Attempt to Freeze all Federal Financial Assistance is Stalled by Court Ruling

Whiteford on

On January 27, 2025, the new Administration’s Office of Management and Budget (OMB) issued a Memorandum ordering a total freeze on “all federal financial assistance” that could be targeted under his previous executive orders...more

Shipman & Goodwin LLP

Federal OMB Funding Freeze and Litigation Primer

Shipman & Goodwin LLP on

Amid a surge of presidential executive orders since the change in administrations, the federal Office of Management and Budget (OMB) has published a series of documents that have spawned much confusion and litigation. Via...more

Fox Rothschild LLP

Take Two: Rhode Island District Court Again Directs Trump Administration to Unfreeze Federal Funds

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Despite two Temporary Restraining Orders (TROs) issued by federal courts in Rhode Island and Washington, DC, the US District Court for the District of Rhode Island found that the Trump Administration’s funding freeze...more

Cozen O'Connor

Democratic AGs Secure Order Blocking Federal Funding Freeze

Cozen O'Connor on

A coalition of 23 Democratic AGs, led by California AG Rob Bonta and New York AG Letitia James, has secured a temporary restraining order blocking a directive from the Office of Management and Budget (OMB) that would...more

Foley Hoag LLP - Environmental Law

An Impoundment By Any Other Name

A Monday night memorandum issued by the Office of Management and Budget (“OMB”) ordered federal agencies to “temporarily pause” all federal funding and other agency activities that “may be implicated by” the slew of executive...more

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