News & Analysis as of

Loper Bright Enterprises v Raimondo Enforcement

Fenwick & West LLP

Supreme Court's McLaughlin Decision Creates New Uncertainty for Healthcare Text Message Compliance

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The Supreme Court's decision in McLaughlin Chiropractic Associates v. McKesson Corporation seismically shifts how courts will evaluate FCC interpretations of the TCPA, creating new compliance challenges for healthcare...more

Perkins Coie

US Supreme Court Strikes Another Blow Against the Administrative State

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Key takeaways - - Federal district courts are no longer required to defer to the FCC's interpretation of statutes in civil enforcement proceedings. - Regulated entities can now challenge prior federal agency interpretations...more

Tonkon Torp LLP

U.S. Supreme Court Limits EPA Discretion in Landmark NPDES Permit Decision

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The Supreme Court’s recent decision in City and County of San Francisco v. Environmental Protection Agency, (EPA) 604 U.S. ____ (2025) significantly alters the regulatory landscape for NPDES permits under the Clean Water Act...more

ArentFox Schiff

Executive Order on Overcriminalization in Federal Regulations

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On May 9, President Trump issued a new Executive Order (EO) titled “Fighting Overcriminalization in Federal Regulations” to address criminal enforcement of regulatory offenses, particularly strict liability offenses where the...more

Foley Hoag LLP - Environmental Law

Major Shift Proposed for Endangered Species Act Interpretation: Redefining “Harm”

On April 17, 2025, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) issued a proposed rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). This...more

American Conference Institute (ACI)

[Event] 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement - March 31st - April 1st, Washington, DC

Examine real-world strategies for tackling the most pressing challenges in ITC practice at ACI’s 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement. Be in the same room with leading in-house counsel,...more

Bradley Arant Boult Cummings LLP

CFPB’s Successor Homeowner Issue Spotlight: The Other Side of the Story

On December 17, 2024, amid a flurry of activity by the Consumer Financial Protection Bureau (CFPB), the agency released an Issue Spotlight discussing “problems with mortgage companies” that homeowners face “after divorce or...more

Davis Wright Tremaine LLP

UPDATE: Net Neutrality Open Internet Order Set Aside

Update as of January 2, 2025: The U.S. Court of Appeals for the 6th Circuit issued a decision on the consolidated petitions for review of the FCC's 2024 Open Internet Order. In its January 2 decision, which relies heavily on...more

ArentFox Schiff

HIPAA Reproductive Privacy Rule Takes Effect Amid Legal and Political Uncertainties

ArentFox Schiff on

As of December 23, health care providers, health plans, and health care clearinghouses (covered entities) and their business associates (collectively, regulated entities) must comply with new reproductive health care privacy...more

Morrison & Foerster LLP

What to Expect from the SEC During a Second Trump Administration?

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Given the recent news about President-Elect Trump’s cabinet appointments , it is a safe bet that the SEC Division of Enforcement’s priorities will change under the new administration. Under President Biden, SEC Chair Gary...more

Conn Maciel Carey LLP

Trump 2.0, OSHA: Expect Shifts in Federal Enforcement and Rulemaking Priorities As Well As More Aggressive State Plan Enforcement

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As the dust settles on the 2024 Election Cycle and the pundits continue analyzing and dissecting the results, the OSHA/MSHA Team at Conn Maciel Carey draws from decades of experience representing employers during Republican...more

Venable LLP

Trump's Second Term: What's Ahead for Eight Key Sectors?

Venable LLP on

During a campaign season that saw an incumbent president bow out of his own re-election bid and assassination attempts against his challenger, substantive policy debates were sometimes obscured by the drama. ...more

ArentFox Schiff

Two Reasons Why Environmental Citizen Suits Pose Increasing Risk to Businesses

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Back in the 1970s, US Congress passed laws that allow private parties to bring citizen suits to enforce federal environmental laws. While those statutes have not significantly been amended, changes in both administrative law...more

Mintz - ML Strategies

2024 Pre-Election Analysis: Consumer Product Safety

Mintz - ML Strategies on

In this installment of ML Strategies’ Pre-Election Analysis series, we discuss the potential impact the 119th congress and presidential election on consumer product safety. Like other spheres of federal public policy,...more

Mintz

A New Age of Agency Rulemaking and Enforcement

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As we prepare for the next Supreme Court term, we’d like to look back at some of the most significant opinions from the last session and their potential impact on corporate regulation. Of the dozens of opinions issued by the...more

Lighthouse

Navigating Antitrust Enforcement: The Supreme Court Decision on Chevron Doctrine

Lighthouse on

Summary: Understanding the context of the Chevron doctrine decision is important to prepare for the unpredictability of antitrust enforcement. Our recommendations for in-house counsel help to jumpstart your game plan....more

Flaster Greenberg PC

Chevron Deference Decisions and Its Implications on Businesses

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A win for business. The Supreme Court ends Chevron Deference in a spate of recent decisions limiting administrative authority and assisting regulated parties in challenging agency rulemaking. Loper Bright and Relentless-...more

Morrison & Foerster LLP

Significant Investment Adviser Regulatory Developments in 2024

Alongside the rapid pace of Securities and Exchange Commission (SEC) rulemaking, the SEC and its Staff continue to shape regulatory obligations for investment advisers in 2024 through guidance, alerts, enforcement actions,...more

Mintz

SEC Argues That Climate Disclosure Regulation Survives Demise of the Chevron Doctrine

Mintz on

Earlier this year, the SEC issued its long-awaited regulation concerning mandatory climate disclosures.  As expected, this climate disclosure rule was immediately challenged in the courts by, among others, conservative states...more

Akin Gump Strauss Hauer & Feld LLP

The Top 10 Takeaways for Businesses from the Supreme Court’s Three Big Administrative Law Decisions in 2024

Now that the dust has settled following the Supreme Court’s overhaul of administrative law through three late-term decisions, Akin litigators and policy advisors offer the most significant takeaways for businesses and...more

ArentFox Schiff

As the (Customs and Trade) World Turns: July 2024

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Welcome to the July 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more

Mintz - Health Care Viewpoints

Five Observations from FDA’s Responses to Comments in the Final Rule on LDTs

Now that the final rule on laboratory developed tests (LDTs) has been available for over a month and the stages of the enforcement discretion phaseout process and the Food and Drug Administration’s (FDA’s) newly proposed...more

NAVEX

The Supreme Court Made Its Rulings; Corporate Compliance Needs March On

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At the end of June, the U.S. Supreme Court issued major decisions on the enforcement power of the Securities and Exchange Commission, what does or doesn’t qualify as a bribe of government officials, and on federal judges’...more

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