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
7/31/2024
/ CFTC ,
Chevron Deference ,
Chevron v NRDC ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Enforcement ,
FERC ,
Food and Drug Administration (FDA) ,
Loper Bright Enterprises v Raimondo ,
OSHA ,
Regulatory Agencies ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Statutory Interpretation
Introduction -
Congress returns from the August recess with a robust agenda and limited time to pursue it. The calendar is further constrained by the September 30 deadline to pass appropriations packages or a continuing...more
9/5/2023
/ Agricultural Sector ,
Climate Change ,
Continuing Resolution ,
EBITDA ,
Energy Sector ,
Environmental Social & Governance (ESG) ,
Fair Credit Reporting Act (FCRA) ,
Federal Aviation Administration (FAA) ,
Financial Services Industry ,
Government Shutdown ,
Healthcare ,
Inflation Reduction Act (IRA) ,
Life Sciences ,
NDAA ,
Pharmacy Benefit Manager (PBM) ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Tax Cuts and Jobs Act
Today, the House of Representatives voted to establish a Select Committee on the strategic competition between the United States and Chinese Communist Party (H. Res. 11). The resolution passed overwhelmingly (365-65). Rep....more
With the 2022 midterm elections now over—save for a number of undecided races—and Congress having returned for a lame-duck session, Americans for the third consecutive President have elected a new House majority in a midterm...more
Today, President Biden signed the Inflation Reduction Act of 2022 (IRA) into law. The final IRA bill came together after more than 18 months of intra-party negotiations among Democrats about what legislative priorities to...more
The following alert provides a high level update to the August 4 Akin Gump comprehensive section-by-section report, which was published before the Senate vote-a-rama and final Senate passage. This update is being published...more
Sens. Joe Manchin (D-WV) and Chuck Schumer (D-NY) shocked Washington, D.C. when they announced an agreement around a budget reconciliation package that includes clean energy and health care provisions and tax reform. The...more
Key Points -
Three of the four bipartisan leaders of the House and Senate committees with jurisdiction over data privacy have struck a deal on a comprehensive federal bill, the American Data Privacy and Protection Act,...more
Key Points -
The NLRB’s General Counsel issued a memorandum providing her position that the NLRA protects student-athletes who “perform services for their colleges and the NCAA, in return for compensation” and are...more
10/1/2021
/ Alston v NCAA ,
Educational Institutions ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Student Athletes ,
Unions
On Wednesday, March 10, the House passed the Senate-approved version of H.R. 1319, the American Rescue Plan Act of 2021, on a 220-211 vote (title-by-title summary available here). No Republicans supported the bill, and one...more
As Senators-elect Reverend Raphael Warnock and Jon Ossoff are sworn-in after certification of the Georgia elections, Democrats are poised to assume the majority in the Senate, which, along with their control of the White...more
1/18/2021
/ Antitrust Provisions ,
Biden Administration ,
Budget Reconciliation ,
Climate Change ,
Congressional Investigations & Hearings ,
Congressional Review Act ,
Coronavirus/COVID-19 ,
Data Security ,
Financial Services Industry ,
Financial Stimulus ,
Healthcare Reform ,
Immigration Procedures ,
Infectious Diseases ,
Legislative Agendas ,
Members of Congress ,
Regulatory Agenda ,
Supply Chain ,
Tax Reform ,
Telecommunications
Former Vice President Joe Biden has been elected to serve as the 46th President of the United States, crossing the 270 electoral vote threshold on Saturday, November 7, with a victory in Pennsylvania. His running mate, Sen....more
11/12/2020
/ Appropriations Bill ,
Biden Administration ,
Continuing Resolution ,
Coronavirus/COVID-19 ,
Election Results ,
Healthcare Reform ,
Joe Biden ,
Kamala Harris ,
Lame Duck Session ,
Leadership ,
Legislative Agendas ,
NDAA ,
Political Campaigns ,
Political Candidates ,
Presidential Elections ,
Regulatory Agenda
As the new 117th Congress assumes office in January 2021, key leaders within each party and committees in both chambers are poised to shift. Several members have already announced their intentions to seek higher positions...more
As the November elections rapidly approach, Congress faces a number of key legislative deadlines, including the need to fund federal agencies and extend expiring federal programs at the conclusion of the current fiscal year...more
9/15/2020
/ Biologics ,
CARES Act ,
China ,
Drug Pricing ,
EU ,
Executive Orders ,
Federal Funding ,
Hazardous Substances ,
Health Care Providers ,
Hospitals ,
Lame Duck Session ,
Legislative Agendas ,
Medicare ,
Medicare Part B ,
Medicare Part D ,
OECD ,
Pharmaceutical Industry ,
Pipelines ,
Prescription Drugs ,
Presidential Elections ,
Public Health ,
Reauthorization ,
Rulemaking Process ,
Secretary of HHS ,
Trade Policy ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
With Introduction of HEALS Act, Bipartisan Negotiations on Phase 4 Begin in Earnest: An Analysis of the House and Senate Positions -
Senate Republicans on Monday unveiled their next COVID-19 response legislation in the...more
7/29/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Economic Downturn ,
Federal Funding ,
Financial Stimulus ,
Legislative Agendas ,
Paycheck Protection Program (PPP) ,
Proposed Legislation ,
Relief Measures ,
School Districts ,
Unemployment Benefits ,
Virus Testing
The legislative calendar continues to march forward as members of Congress adapt to their new work environments and routines. With the House and Senate both in session this week, Senate Republicans plan to roll out their...more
7/22/2020
/ 5G Network ,
CARES Act ,
China ,
Comment Period ,
Coronavirus/COVID-19 ,
Data Privacy ,
Emerging Technology Companies ,
EU ,
FCC ,
Filing Requirements ,
Financial Services Industry ,
Income Taxes ,
Medical Supplies ,
NDAA ,
PFAS ,
Public Comment ,
Supply Chain ,
Tax Credits ,
Tax Planning ,
Telecommunications ,
Trade Policy ,
United States-Mexico-Canada Agreement (USMCA) ,
WTO
Yesterday, the Food and Drug Administration (FDA) submitted a report to Congress detailing the agency’s progress on a sampling study of the current cannabidiol (CBD) marketplace and its efforts to determine the extent to...more
- Both chambers of Congress have passed the Paycheck Protection Program Flexibility Act of 2020. The bill now heads to President Trump’s desk for his signature.
- The measure extends the Paycheck Protection Program loan...more
6/5/2020
/ Borrowers ,
Business Expenses ,
CARES Act ,
Loan Forgiveness ,
New Legislation ,
Paycheck Protection Program (PPP) ,
Paycheck Protection Program Flexibility Act of 2020 (PPPFA) ,
Payroll Taxes ,
Safe Harbors ,
Small Business ,
Small Business Loans
The post-Memorial Day summer session has begun in Washington with the House and Senate facing a similar to-do list but with different approaches and philosophies. The main items on the summer agenda include the Phase 4...more
6/5/2020
/ Appropriation ,
CARES Act ,
Contact Tracing ,
Coronavirus/COVID-19 ,
COVID-19 Consumer Data Protection Act ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Financial Services Industry ,
Fixing America’s Surface Transportation Act (FAST Act) ,
Flood Insurance ,
Legislative Agendas ,
Loan Forgiveness ,
NDAA ,
Paycheck Protection Program (PPP) ,
Public Works ,
Section 230 ,
Small Business ,
State and Local Government ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
WRDA
Leaders of Small Business Committee Reach Consensus on Bill to Extend PPP Loan Deadline, Senate Fails to Clear Measure by Unanimous Consent as Phase 4 Negotiations Likely to Dominate June -
Bipartisan leaders of the Senate...more
5/26/2020
/ Agricultural Sector ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Agriculture ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Farm Workers ,
Farms ,
Federal Funding ,
Federal Reserve ,
Filing Deadlines ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Infectious Diseases ,
Legislative Agendas ,
Paycheck Protection Program (PPP) ,
Public Health ,
Re-Opening Guidelines ,
Relief Measures ,
SBA ,
Small Business ,
Small Business Loans ,
Supply Chain ,
Trump Administration ,
USDA
House Democrats Unveil Phase 4 Proposal – the HEROES Act -
House Democrats today unveiled H.R. 6800, the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act. The approximately $3 trillion proposal, which...more
5/13/2020
/ Coronavirus/COVID-19 ,
Federal Funding ,
Financial Stimulus ,
Health and Safety ,
Infectious Diseases ,
Legislative Agendas ,
Liability ,
Proposed Legislation ,
Public Health ,
Re-Opening Guidelines ,
Relief Measures ,
Trump Administration ,
Virus Testing
Senate Elevates Bipartisan Calls for Revisions to Paycheck Protection Program -
This week Senate Republicans and Democrats have underscored the need for a number of changes to the Paycheck Protection Program (PPP)...more
5/8/2020
/ CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Federal Reserve ,
Financial Stimulus ,
Health and Safety ,
Infectious Diseases ,
Legislative Agendas ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Public Health ,
Re-Opening Guidelines ,
Relief Measures ,
SBA ,
Small Business ,
U.S. Treasury
Federal Reserve Board Announces Expanded Scope and Eligibility for the Main Street Lending Program -
The Federal Reserve Board unveiled plans yesterday to expand the scope and eligibility for the Main Street Lending...more
5/1/2020
/ CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Data Privacy ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Federal Reserve ,
Financial Stimulus ,
Health and Safety ,
Legislative Agendas ,
Main Street Lending Programs ,
New Guidance ,
Re-Opening Guidelines ,
Relief Measures ,
SBA ,
Trump Administration ,
Unemployment Benefits
White House Unveils Testing Blueprint, Senate Slated to Return Monday, House Return Uncertain -
President Trump unveiled the Administration’s blueprint for state testing plans and rapid response programs on Monday,...more
4/29/2020
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Federal Reserve ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Legislative Agendas ,
Paycheck Protection Program (PPP) ,
Public Health ,
Re-Opening Guidelines ,
Relief Measures ,
State of Emergency ,
Trump Administration
House Passes $484 Billion Relief Package -
Today, the House of Representatives passed a $484 billion economic relief package in response to the Coronavirus pandemic, the Paycheck Protection Program and Health Care...more
4/24/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
FDIC ,
Financial Stimulus ,
Health and Safety ,
New Legislation ,
Paycheck Protection Program (PPP) ,
Public Health ,
Relief Measures ,
State and Local Government ,
Trump Administration ,
U.S. Treasury