News & Analysis as of

Statutory Authority

IR Global

Legality of the Suspension of Cobalt Exports in the DRC: A Critical Analysis of the ARECOMS Decision

IR Global on

This paper critically assesses the legality of Decision No. 001/ARECOMS/2025, which imposed a temporary suspension on cobalt exports from the Democratic Republic of Congo (DRC). Adopted in a context of declining cobalt...more

Wyrick Robbins Yates & Ponton LLP

U.S. District Court Vacates HIPAA Reproductive Health Privacy Rule Nationwide

A U.S. District Court in the Northern District of Texas has vacated most of the HIPAA Privacy Rule to Support Reproductive Health Care Privacy (the “Rule”) in the case of Purl v. DHHS. The ruling, which has immediate...more

Latham & Watkins LLP

SEC Responds to Eighth Circuit, Asking Eighth Circuit to Rule on Climate Disclosure Litigation

Latham & Watkins LLP on

The SEC has stated that a ruling would help it determine the relevance of future rulemaking. On July 23, 2025 the US Securities and Exchange Commission (SEC or Commission) submitted a status report ordered by the Eighth...more

Lerman Senter PLLC

TV "Top Four" Prohibition Struck Down; Other Media Ownership Rules Remain Intact

Lerman Senter PLLC on

A federal court has struck down the FCC’s prohibition on common ownership of two “top four” television stations in a single market, marking a significant change in the FCC’s media ownership rules. The Court left other...more

Morrison & Foerster LLP

Another Step Change for USDA’s GE Regs: APHIS Ceases NEPA Review of Petitions for Nonregulated Status

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced on July 9, 2025, that it will no longer conduct environmental analyses under the National Environmental Policy Act (NEPA) when...more

Fenwick & West LLP

SEC Climate Rule Saga Continues

Fenwick & West LLP on

The Securities and Exchange Commission’s (SEC) controversial climate disclosure rules have been essentially dead since last March, when the SEC voted to end its defense of the rules. ...more

Kohrman Jackson & Krantz LLP

C.S. v. McCrumb and Ohio’s New Expulsion Law: Balancing Student Expression and School Safety

In C.S. v. McCrumb, the U.S. Court of Appeals for the Sixth Circuit addressed the scope of a public school’s ability to restrict student expression on-campus, particularly when that expression involves politically charged,...more

Wilson Sonsini Goodrich & Rosati

SEC Requests Eighth Circuit Decide Climate Rules Litigation

On July 23, 2025, the U.S. Securities and Exchange Commission submitted a status report to the U.S. Court of Appeals for the Eighth Circuit regarding the final climate-related disclosure rules. According to the status report,...more

Epstein Becker & Green

Texas Judge Strikes Down HIPAA’s Reproductive Health Amendment

Epstein Becker & Green on

Last month, Judge Matthew Kaszmaryk of the U.S. District Court, Northern District of Texas, in Purl v. United Stated Department of Health and Human Services, No. 2:24-cv-00228-Z (N.D. Tex Jun. 18, 2025) struck down nearly all...more

Venable LLP

Judge Rejects President Trump’s “At-Will” Firing of Democratic FTC Commissioner

Venable LLP on

A U.S. district judge in the District of Columbia held on July 17 that President Trump did not have statutory authority to remove FTC commissioner Rebecca Kelly Slaughter without cause. ...more

Eversheds Sutherland (US) LLP

DOJ issues new incentives for tipsters alleging Sherman Act violations

The Antitrust Division of the Department of Justice recently announced on July 8 that for the first time, it is launching a program to offer payouts for tips related to violations of federal antitrust law. The DOJ is...more

Mayer Brown

Click-to-Cancelled! Eighth Circuit Vacates Federal Trade Commission’s Revised Negative Option Rule

Mayer Brown on

INTRODUCTION - On July 8, 2025, the Eighth Circuit issued its decision in Custom Communications, Inc. v. Federal Trade Commission, vacating on procedural grounds the FTC’s planned “Click-to-Cancel” rule (the “Rule”), which...more

Stevens & Lee

FTC Requests Additional 60 Days to Consider Dropping Defense of Noncompete Ban

Stevens & Lee on

A reconstituted Federal Trade Commission (Commission) has asked the Fifth Circuit Court of Appeals to grant it a 60-day continuance to consider whether to drop the defense of its rule banning noncompetes. As previously...more

Conn Maciel Carey LLP

Common Questions in Evaluating a Whistleblower Complaint Filed with OSHA

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In FY 2023, the Occupational Safety and Health Administration (“OSHA”) received 3,243 Whistleblower complaints filed under various statutes’ anti-retaliation provisions. OSHA is charged with investigating alleged retaliation...more

Orrick, Herrington & Sutcliffe LLP

District court tosses CFPB’s medical debt rule

On July 11, the U.S. District Court for the Northern District of Texas vacated the CFPB’s medical debt rule on the grounds that it exceeded the Bureau’s statutory authority and violated both the FCRA and the APA, granting the...more

Klein Moynihan Turco LLP

FCC Deletes Deletes Deletes One-To-One Consent TCPA Rule

In line with the Federal Communications Commission’s (“FCC”) initiative to eliminate unnecessary rules, the FCC recently rendered its one-to-one Telephone Consumer Protection Act (“TCPA”) consent rule (“TCPA Rule”) dead by...more

Ballard Spahr LLP

Federal Judge vacates CFPB medical debt rule

Ballard Spahr LLP on

A Texas federal judge has voided a Biden Administration CFPB rule that would have prohibited medical debt in credit reports....more

Venable LLP

Axing Abortion Accommodations: Federal Judge Strikes Down the EEOC’s Rule Requiring Employers to Accommodate Elective Abortions...

Venable LLP on

In another departure from regulations and guidance issued during the Biden administration, in May, a federal judge in Louisiana found that the U.S. Equal Employment Opportunity Commission (EEOC) had exceeded its statutory...more

Womble Bond Dickinson

United States Supreme Court Administrative Law Decisions of Note During the 2024-2025 Term

Womble Bond Dickinson on

In this update, we cover the most impactful Supreme Court cases related to administrative law issues decided during the 2024-2025 term. The Supreme Court decided important administrative law cases falling into these general...more

Benesch

Eighth Circuit Cancels FTC’s “Click-to-Cancel” Rule

Benesch on

On July 8, the United States Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s Negative Option Rule, also referred to as the “Click-to-Cancel” rule (the “Rule”), determining that the FTC...more

Miller Canfield

Eighth Circuit Slams the Brakes on FTC’s Click-to-Cancel Rule

Miller Canfield on

In a dramatic turn of events, the United States Court of Appeals for the Eighth Circuit has vacated the Federal Trade Commission’s (FTC) Click-to-Cancel Rule, which was set to take effect on July 14, 2025. ...more

Morgan Lewis

FTC’s Click-to-Cancel Rule Vacated Ahead of Planned July 14 Effective Date

Morgan Lewis on

On July 8, 2025, a three-judge panel of the US Court of Appeals for the Eighth Circuit issued a per curiam opinion vacating the US Federal Trade Commission’s (FTC’s) Negative Option Rule (Click-to-Cancel) on Administrative...more

Ropes & Gray LLP

FTC’s “Click-to-Cancel” Rule Struck Down by Eighth Circuit

Ropes & Gray LLP on

On Tuesday July 8, the United States Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (“FTC”) “Negative Option” Rule, also called the “Click-to-Cancel” Rule, which expanded regulations on...more

Troutman Pepper Locke

Eighth Circuit Vacates FTC’s Negative Option Rule for Procedural Violations

Troutman Pepper Locke on

On July 8, a panel for the U.S. Court of Appeals for the Eighth Circuit issued a significant decision in the case of Custom Communications, Inc. v. Federal Trade Commission (FTC). The panel vacated the FTC’s amended Negative...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

WHD Drops Proposal to End Subminimum Wages for Workers With Disabilities

The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) is withdrawing a Biden-era proposal to end the practice of paying subminimum wages to workers with certain disabilities after determining that the agency lacks...more

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