News & Analysis as of

Rulemaking Process Department of Justice (DOJ)

Akin Gump Strauss Hauer & Feld LLP

No Appeal of LDT Decision Means Ball Is Back in FDA’s Court for Policy Clarification

Over the weekend, the Department of Justice (DOJ) did not file an appeal of the U.S. District Court for the Eastern District of Texas’ decision to vacate and set aside the agency’s final rule on the regulation of laboratory...more

Womble Bond Dickinson

Proposed Rule 707 Targets AI-Crafted Evidence

Womble Bond Dickinson on

Artificial Intelligence is taking society by storm and has even made a name for itself in the courtroom. With the ease of utilizing AI to generate various forms of data, presenting evidence at trial can be a much less arduous...more

ArentFox Schiff

Executive Order on Overcriminalization in Federal Regulations

ArentFox Schiff on

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

Fox Rothschild LLP

EPA Keeps MCL for PFOA and PFOS, Extends Compliance Deadline, and Intends to Rescind MCL for PFHxS, PFNA, GenX, and PFBS

Fox Rothschild LLP on

EPA announced on May 14, 2025 that it will maintain the Maximum Contaminant Level (“MCL”), also known as the national primary drinking water standard, for two PFAS, perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic...more

Carlton Fields

Implementing Executive Order, FTC Calls on Public and Regulated Community to Identify Anticompetitive Regulations for Potential...

Carlton Fields on

The second Trump administration has issued a slew of deregulatory measures aimed at turbocharging the reduction of regulatory bloat (EO 14192, requiring the repeal of 10 regulations for every new one issued), ensuring...more

King & Spalding

Executive Order Continues Focuses on Anticompetitive Regulations

King & Spalding on

On April 9, 2025, President Trump issued an executive order, titled “Reducing Anti-Competitive Regulatory Barriers” (the EO), directing federal agencies to identify and rescind or modify anticompetitive regulations. The EO...more

Stevens & Lee

FTC Launches Public Inquiry – Anticompetitive Regulations on the Chopping Block

Stevens & Lee on

On April 9, President Trump issued an Executive Order instructing agency heads, in consultation with the Chairman of the Federal Trade Commission (FTC) and the Attorney General, to complete a review of all regulations subject...more

King & Spalding

DOJ/FTC Initiatives Seek Public Comment on Anticompetitive Government Regulations

King & Spalding on

The DOJ Antitrust Division and FTC seek public comments from market participants in support of Administration efforts to eradicate laws and regulations that are viewed as hindering competition. On March 27, 2025, the...more

Mintz - Antitrust Viewpoints

Calling All De-Regulators: FTC Issues Request for Public Comment on Reducing Anti-Competitive Regulatory Barriers

Following President Trump’s Executive Order on Reducing Anti-Competitive Regulatory Barriers, the FTC—led by Chairman Andrew Ferguson—launched a public inquiry this week into “how federal regulations can harm competition in...more

Epstein Becker & Green

Amicus Brief Filed for 10 National Industry Organizations to Uphold District Court’s Order Setting Aside the FTC Noncompete Ban

Epstein Becker & Green on

The fight to resurrect the FTC’s Final Rule (the “Final Rule”) banning noncompetes continues in the U.S. Court of Appeals for the Fifth Circuit. In August 2024, mere days before the Final Rule was to take effect, Judge...more

Husch Blackwell LLP

What We're Watching: State Attorneys General Offices in 2025

Husch Blackwell LLP on

As the Oval Office and Congress flip to Republican control, we expect more state AG-led efforts to impact public policy. Shortly after the New Year, we gathered together attorneys from our State Attorneys General team to...more

Paul Hastings LLP

DOJ Announces Significant Proposed Changes to Amend and Clarify FARA

Paul Hastings LLP on

On December 19, 2024, the Department of Justice (DOJ) published a Notice of Proposed Rulemaking (NPRM) intended to “update and clarify” the regulations under the Foreign Agents Registration Act (FARA). The proposed changes to...more

Wiley Rein LLP

What Just Happened at the FTC and CFPB: Wiley Consumer Protection Download (January 24, 2025)

Wiley Rein LLP on

In the two weeks before Inauguration, both the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) released a flurry of rulemaking developments, policy announcements, and enforcement filings and...more

Proskauer Rose LLP

FTC Announces 2025 Thresholds Under HSR Act and Clayton Act

Proskauer Rose LLP on

Primary HSR Filing Threshold will be Increased to $126.4 Million - The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually in alignment with prior...more

The Volkov Law Group

Forecasting the 2nd Trump Administration: Translating Initiatives to Enforcement and Compliance Priorities (Part I of III)

The Volkov Law Group on

As the dust settles on the U.S. Election, companies are quickly analyzing the impact for businesses, federal civil and criminal enforcement priorities and the implications for ethics and compliance. When a new Administration...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

Seyfarth Shaw LLP

U.S. Access Board Issues Proposed Rule for Accessible Electric Vehicle Charging Stations

Seyfarth Shaw LLP on

Seyfarth synopsis:  Public accommodations planning to add EV charging stations to their properties should take note of these proposed guidelines and file comments by November 4, 2024....more

Ballard Spahr LLP

Municipal Securities Regulation and Enforcement - 2024 Mid-Year Review

Ballard Spahr LLP on

In the first half of 2024, the Financial Industry Regulatory Authority (FINRA) issued several fines and suspensions against participants in the municipal market, including for violations of its registration, reporting,...more

Husch Blackwell LLP

Cannabis Law Now Podcast: What’s Next for Schedule III Marijuana

Husch Blackwell LLP on

On May 16, 2024, the U.S. Department of Justice, through the Drug Enforcement Administration (DEA), commenced the rulemaking process to reschedule marijuana accordingly. The DEA’s notice of proposed rulemaking is currently in...more

Fenwick & West LLP

Nearly One Year After Proposed HSR Rulemaking, Still No New Rules: What Should Companies Considering M&A Activity Expect?

Fenwick & West LLP on

Last summer, on June 27, 2023, the Federal Trade Commission (FTC), with the concurrence of the Department of Justice (DOJ), unveiled proposed new rules governing implementation of the Hart-Scott-Rodino Act’s (HSR) premerger...more

McDermott Will & Emery

DOJ Proposes to Reschedule Marijuana (Cannabis) to Schedule III

McDermott Will & Emery on

On May 21, 2024, the US Department of Justice (DOJ) published the highly anticipated notice of proposed rulemaking (NPRM) to reschedule marijuana (cannabis) from a Schedule I controlled substance to Schedule III, taking the...more

Seyfarth Shaw LLP

DOJ Issues “Small Entity Compliance Guide” for State and Local Government Web Content and Mobile App Accessibility

Seyfarth Shaw LLP on

Seyfarth Synopsis: DOJ issues useful new Guide to help small governmental entities understand the new web and mobile app accessibility requirements under Title II of the ADA....more

Davis Wright Tremaine LLP

March 2024 UDAAP Bulletin

Editor's Note The following document provides a monthly roundup summarizing enforcement actions, guidance, rulemakings, and other public statements from the Consumer Financial Protection Bureau, the Federal Trade Commission,...more

Davis Wright Tremaine LLP

February 2024 UDAAP Bulletin

Editor's Note: The following document provides a monthly roundup summarizing enforcement actions, guidance, rulemakings, and other public statements from the Consumer Financial Protection Bureau, the Federal Trade Commission,...more

Venable LLP

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

Venable LLP on

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

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