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
Key Points - Last Tuesday, USTR announced the results of its Section 301 “necessity review.” Today, USTR followed up with a Federal Register notice providing details on the further proposed modifications to the Section 301...more
On January 26, 2024, the Biden-Harris Administration announced that it would place a temporary “pause” on pending decisions to export liquefied natural gas (LNG) to countries with which the United States has not entered into...more
2/2/2024
/ Bilateral Investment Treaties ,
Climate Change ,
Department of Energy (DOE) ,
Energy Policy Act ,
Energy Projects ,
Environmental Impact Statements ,
Exports ,
FERC ,
Free Trade Agreements ,
Greenhouse Gas Emissions ,
Liquid Natural Gas ,
NAFTA ,
NEPA ,
Public Interest ,
Shareholders ,
WTO
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
On May 2, 2023, Gov. Ron DeSantis (R-FL) signed into law House Bill 3 (HB3), legislation that, among other things, blocks the consideration of environmental, social and governance (ESG) factors in state and local investment...more
Key Points -
The EU aims to harmonize patent protection rules and flexibilities with a layer on top of national rules. This is in line with long-term efforts by the EU institutions to harmonize patent rules and motivated,...more
Key Points -
The anticipated zero draft of the WHO’s Pandemic Prevention, Preparedness and Response Accord was released on February 1. This process will intertwine heavily with the renegotiations of the 2005 IHRs....more
On February 1, the USITC formally announced the opening of its investigation into the merits of expanding the TRIPS Waiver to diagnostics and treatments. The investigation was initially requested by USTR, who had been leading...more
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
Key Points -
On December 6, days before a deadline for WTO members to decide whether to expand the TRIPS waiver for COVID-19 vaccines to cover COVID-19 diagnostics and therapeutics as well, the Office of the USTR...more
12/9/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Onshoring ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
TRIPS Agreement ,
Vaccinations ,
Waivers ,
WTO
On November 1, USTR released a comment form prescribing the submission format for public comments in the “necessity review” process for the Section 301 China tariffs. USTR first announced the public comment phase of the...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
On Friday, February 4, 2022, the House passed the America COMPETES Act on nearly a straight party line vote to, among many other priorities, fund domestic semiconductor chip manufacturing, dramatically increase scientific...more
Key Points -
The Department of Commerce initiated a Section 232 national security investigation into NdFeB permanent magnets, which are used in fighter aircraft, missile guidance systems, electric vehicles, wind...more
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
[co-authors: Alex Monié, Policy Advisor and Gabriel Harrison, Public Policy Specialist]
The annual “must-pass” defense authorization legislation contains provisions to address supply chain domestication in light of the...more
7/24/2020
/ Aviation Industry ,
Coronavirus/COVID-19 ,
Defense Sector ,
Department of Defense (DOD) ,
Energy Sector ,
Federal Contractors ,
Financial Services Industry ,
Legislative Agendas ,
Medical Supplies ,
Minerals ,
National Security ,
NDAA ,
Rare Earth Metals ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
Trade Relations ,
Trump Administration ,
Wireless Technology
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
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