News & Analysis as of

Regulatory Authority Jurisdiction

Baker Botts L.L.P.

Referrals under Article 22 EUMR — Levels of information required to kick off the statutory deadline for referral by an NCA

Baker Botts L.L.P. on

On 2 July 2025, the Court of Justice of the European Union (General Court) clarified that simply "informing" the authorities of a proposed concentration isn’t enough to kick off the 15-working-days time limit under which a...more

Troutman Pepper Locke

The Right to Regulate: Kalshi, Federal Preemption, and the Fight for State Gaming Authority

Troutman Pepper Locke on

A lawsuit between KalshiEx LLC (Kalshi) and New Jersey state gaming regulators in the Third Circuit is testing the balance between federal commodities regulation and state authority regarding sports betting. Kalshi operates...more

Holland & Knight LLP

Navigating the Evolving Jurisdiction of the Court of Federal Claims Over OTA Agreements

Holland & Knight LLP on

The U.S. Court of Federal Claims (COFC) recently addressed the scope of its jurisdiction over Other Transaction Authority (OTA) agreements in the case of Telesto Group, LLC v. United States, No. 1:24-cv-01784. The case...more

Hanson Bridgett

Peer Review by Licentiates Only: Beware Health Care Service Plans!

Hanson Bridgett on

On February 19, 2025, the California Court of Appeal published a decision, Lin v. Board of Directors of PrimeCare Medical Network, Inc., 108 Cal.App.5th 1163, emphasizing California Business and Professions Code’s requirement...more

McGlinchey Stafford

Like A Good Neighbor…Not So Fast, Says 5th Circuit

McGlinchey Stafford on

The U.S. 5th Circuit Court of Appeals gave a big win to the EPA when it upheld a Biden-era ozone ruling affecting Louisiana and Texas, but there was also a set-back for the EPA when the Court both upheld the ability of such...more

Barnea Jaffa Lande & Co.

Gaming licensing in Anjouan

Regulatory amendments in several popular jurisdictions in the gaming industry have prompted many companies to look for other alternatives. One of the destinations that is generating growing interest is Anjouan – a relatively...more

Troutman Pepper Locke

Petitioners Seek FERC Clarification Regarding Jurisdiction Over Proposed Storage-Based Transmission Project Between Puerto Rico...

Troutman Pepper Locke on

On February 10, 2025, Pluvia LLC (“Pluvia”) filed a petition for a declaratory order, asking FERC to clarify its jurisdiction to issue a preliminary permit for the construction, operation, and maintenance of transmission...more

Venable LLP

FTC Forges Ahead in Court Battle on FTC Act's Scope Over Nonprofit Institutions (And Loses)

Venable LLP on

With much of the administrative state in turmoil, the Federal Trade Commission (FTC) appears to be holding steady and continuing to litigate its current cases. We previously discussed the FTC’s lawsuit against Grand Canyon...more

Torres Trade Law, PLLC

CFIUS Review of Real Estate Transactions: A Primer and Overview of Recent Updates

Torres Trade Law, PLLC on

On November 1, 2024, the U.S. Department of Treasury (“the Treasury”), as chair of the Committee on Foreign Investment in the United States (“CFIUS”), published a Final Rule expanding its authority to review certain...more

Barnea Jaffa Lande & Co.

New Court Ruling Clarifies Legal Boundaries for Offering of Foreign Investments in Israel

Barnea Jaffa Lande & Co. on

The Tel Aviv District Court handed down an important ruling recently regulating the activities of entities distributing alternative investments in Israel. In many instances, the distribution activities are accompanied by...more

Cadwalader, Wickersham & Taft LLP

Third Circuit Finds Statutory Trusts Are Subject to CFPB Jurisdiction

On Tuesday, the Third Circuit, handed down a decision in a case involving the Consumer Financial Protection Bureau ("CFPB") and the National Collegiate Master Student Loan Trust ("NCMSL") that finds that statutory trusts used...more

Jones Day

CFTC Lacks Jurisdiction Over TRS on ETFs and Custom Baskets

Jones Day on

In Short - The Situation: The civil action of the Commodity Futures Trading Commission ("CFTC") against Archegos Capital Management LP and its CFO is but one of many civil and criminal matters arising out of Archegos's...more

BCLP

Upper Tribunal Clarifies Limits on FCA’s Powers to Impose Single Firm Redress Schemes

BCLP on

On 21 June 2023, the Upper Tribunal handed down its judgment in BlueCrest Capital Management (UK) LLP v The Financial Conduct Authority [2023] UKUT 00140 (TCC). The case considers both the Upper Tribunal’s jurisdiction to...more

Cadwalader, Wickersham & Taft LLP

Subscribe Proposed Bicameral Legislation to Broaden FERC’s Enforcement Jurisdiction over Trading Energy Commodities

Earlier this month members of Congress jointly introduced the “Energy Consumer Protection Act of 2023,” with the intention of expanding the Federal Energy Regulatory Commission’s (“FERC”) ability to address energy market...more

Latham & Watkins LLP

California Expands State Agency Authority to Spur Clean Energy and Bolster Grid Reliability

Latham & Watkins LLP on

A controversial new law gives the California Energy Commission authority over clean energy projects and authorizes the Department of Water Resources to fund new energy sources and extend the life of existing power plants. ...more

Harris Beach Murtha PLLC

U.S. Supreme Court Strikes Down CDC Eviction Moratorium

In a 6-3 Ruling, the United States Supreme Court struck down late yesterday the recent CDC nationwide eviction moratorium as overreaching by the CDC and exceeding its authority. In Alabama Association of Realtors, et al. v....more

Miller Canfield

CDC Eviction Moratorium: The Final Word

Miller Canfield on

The United States Supreme Court nullified a nationwide residential eviction moratorium that has been in place for nearly a year. Alabama Association of Realtors v. U.S. Department of Health and Human Services, 594 U.S. ----...more

Tucker Arensberg, P.C.

U.S. Supreme Court Ends the Eviction Moratorium

Tucker Arensberg, P.C. on

On August 26th, the Supreme Court ended the nationwide eviction moratorium that began in September, 2020, and was set to expire on October 3, 2021. In an unsigned majority opinion, the Court ruled that the CDC exceeded its...more

Womble Bond Dickinson

Proposed California CBD Class Action Stayed: Primary Jurisdiction Doctrine Again Halts a CBD Suit

Womble Bond Dickinson on

As the CBD industry continues to wait for the U.S. Food and Drug Administration (FDA) to begin the rulemaking process for the regulation of cannabis-derived products — which will hopefully provide some clarity regarding how...more

Holland & Knight LLP

New CFIUS Regulations Finally Take Effect

Holland & Knight LLP on

After a few years of debating and making into law, the Committee on Foreign Investment in the U.S. (CFIUS) regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) took effect on Feb. 13,...more

Moore & Van Allen PLLC

New Treasury Department Regulations Expand CFIUS Authority

Moore & Van Allen PLLC on

The U.S. Department of the Treasury recently published final regulations to further implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA“) and to better address national security concerns resulting...more

Latham & Watkins LLP

Committee on Foreign Investment in the United States – Key Questions Answered On CFIUS

Latham & Watkins LLP on

What is CFIUS? CFIUS stands for the Committee on Foreign Investment in the United States. It is a US federal, interagency group with authority to review certain foreign investments in US businesses to determine whether...more

WilmerHale

3 Key Issues In UK's 'Online Harms' Regulatory Framework

WilmerHale on

How do you police the internet? That is the question that the government sought to answer with the launch of last month’s online harms white paper. The white paper, a cross-departmental collaboration between the home...more

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