News & Analysis as of

Administrative Authority

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

Northern Ireland: Gender Pay Gap Reporting

In February 2025, the Department for Communities in Northern Ireland closed a public consultation that began late last year on the proposed introduction of a requirement for Northern Ireland employers to report on their...more

Venable LLP

New Executive Orders Declare “So-Called” Independent Agencies No Longer Independent

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Last week, President Trump issued two executive orders aimed squarely at upending the long-accepted authority and independence of certain federal agencies. The first order, Ensuring Accountability for All Agencies, derides...more

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

Member of Congress Introduces Bill to Abolish Occupational Safety and Health Administration

U.S. Representative Andy Biggs (R-AZ) first introduced the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” in November 2021, legislation aimed at abolishing the Occupational Safety and Health...more

Womble Bond Dickinson

USPTO’s Proposed Terminal Disclaimer Practice: What Happened and What Comes Next?

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On May 10, 2024, the United States Patent and Trademark Office (“USPTO”) published a new proposed rule that would require when a patent applicant submits a terminal disclaimer to obviate non statutory double patenting that...more

Holland & Knight LLP

Court's Denial of Review Leaves Open Questions of CEQ Authority

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The U.S. Court of Appeals for the District of Columbia Circuit on Jan. 31, 2025, declined a request to review its decision that challenged the authority of the Council for Environmental Quality (CEQ), leaving open questions...more

Wiley Rein LLP

[Webinar] Understanding the New Administrative False Claims Act - February 19th, 12:00 pm - 1:00 pm EST

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Join us for a webinar on the newly enacted Administrative False Claims Act (AFCA), a significant update to the Program Fraud Civil Remedies Act of 1986. This session will explore administrative agencies’ expanded powers...more

Goodwin

Eleventh Circuit Deals Fatal Blow to the TCPA’s One-to-One Consent Rule

Goodwin on

Late in the afternoon on January 24, 2025, the Federal Communications Commission’s (FCC) “One-to-One Consent Rule,” which was scheduled to take effect on January 27, 2025, was struck down and vacated by the US Court of...more

Womble Bond Dickinson

New Year Resolutions Triggered by Senate Bill 382

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After the North Carolina General Assembly overrode Governor Cooper’s veto of Senate Bill 382, which became Session Law 2024-57 (the “New Law”), we published a client alert describing the state-wide effect of the New Law....more

Conn Maciel Carey LLP

[Webinar] The Future of Workplace Law: 2025 Predictions - January 23rd, 1:00 pm ET

Conn Maciel Carey LLP on

The incoming Presidential administration and its agenda raise valid questions about the future roles, responsibilities, scopes of authority, and priorities of the Department of Labor, the EEOC, the NLRB, and the Federal...more

Epstein Becker & Green

#WorkforceWednesday®: PAGA in California, NLRB Authority, New Employment Laws in 2025 - Employment Law This Week®

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This week, while recognizing that it’s far from “business as usual” in California and keeping our friends and clients in mind, we look at a new ruling in California regarding Private Attorneys General Act (PAGA) arbitrations....more

Fisher Phillips

Federal Appeals Court Narrows Labor Board’s Ability to Award Money to Workers

Fisher Phillips on

A federal appeals court just clipped the wings of the National Labor Relations Board by limiting its authority to impose monetary remedies against employers. In a significant decision that could soon reverberate around the...more

K&L Gates LLP

Rollbacks and Repeals: How a New Administration Effectuates Policy Changes

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When a new president is elected, the incoming administration often engages in an intense review of its predecessor’s policy actions, particularly when there has been a shift in party control. This process typically begins...more

BCLP

TCPA Landscape Set to Shift With Supreme Court's Grant of Certiorari to Mclaughlin Junk Fax Case

BCLP on

Just a few months after the United States Supreme Court voted 6-3 to overturn the long-standing and widely applied legal precedent known as “Chevron deference,” it has agreed to hear a case that could entirely shift the...more

WilmerHale

Supervision and Enforcement of the European Union’s AI Act

WilmerHale on

This blog post introduces the universe of European and national authorities and other relevant actors in the area of supervision and enforcement of the European Union’s Artificial Intelligence Act (AI Act) and provides a...more

Womble Bond Dickinson

The North Carolina General Assembly's Partial Withdrawal of Zoning Authority Delegated to Local Governments

Womble Bond Dickinson on

Traditionally, “down-zoning” referred to changes in zoning that reduced the intensity of land use – such as a switch from commercial to residential zoning. As with any general district zoning effort, historically in North...more

Jackson Lewis P.C.

U.S. Supreme Court: No Judicial Review of Revoked Visa Petitions

Jackson Lewis P.C. on

The U.S. Supreme Court held in Bouarfa v. Mayorkas, No. 23-583 (Dec. 10, 2024), that one cannot appeal a U.S. Citizenship and Immigration Services (USCIS) revocation of an approved visa petition in federal court because such...more

Epstein Becker & Green

Agency Actions Remain Judicially Unreviewable Where Congress Has Legislated Clear Agency Authority - SCOTUS Today

Epstein Becker & Green on

In its first decision on the merits in the current term, a unanimous U.S. Supreme Court (per Jackson, J.) has held in Bouarfa v. Mayorkas that revocation of an approved visa petition under 8 U.S.C. §1155, based on a...more

Nutter McClennen & Fish LLP

Beverage Breakdown (December 2024)

Welcome to Nutter's Beverage Breakdown, a periodic legal update on developments related to the alcohol beverage industry, including industry news, federal and state updates, and more. ...more

Epstein Becker & Green

The Loper and Jarksey Era: Agency Power to Award Civil Penalties in SEC and FINRA Under Increased Scrutiny

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Since the U.S. Supreme Court’s landmark Loper decision, which overturned the longstanding precedent of the Chevron doctrine for agency deference, it was anticipated that lower courts, as well as the Supreme Court, would begin...more

Cooley LLP

Will SCOTUS revive the nondelegation doctrine? Cert. granted in Consumers’ Research v. FCC

Cooley LLP on

When SCOTUS granted cert. in SEC v. Jarkesy, the case challenging the constitutionality of the SEC’s administrative enforcement proceedings, one of the questions presented was whether the statute granting authority to the SEC...more

Venable LLP

Whither the Council on Environmental Quality NEPA Regulations? A Clear-Eyed Perspective

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For those of you who still haven't heard, in a surprising 2-1 ruling, the D.C. Circuit held that the Council on Environmental Quality had no legal authority to issue its regulations governing federal implementation of NEPA....more

Clark Hill PLC

Administrative Law Report - November 2024, Vol. 2

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Welcome to your monthly rundown of all things administrative law, where we highlight all the happenings you may have missed....more

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

How a Game-Changing Supreme Court Decision Affects MSHA

Among the highly consequential decisions issued by the Supreme Court of the United States at the end of the most recent term is a long-anticipated one that stands to bring about a seismic shift in administrative law....more

K&L Gates LLP

The Post-Chevron Toolkit: The New Era for Regulatory Review

K&L Gates LLP on

In a landmark ruling on 28 June 2024, the US Supreme Court expressly overruled the 40-year-old Chevron doctrine with its decision in Loper Bright Enterprises v. Raimondo, eliminating the requirement that courts defer to...more

Ballard Spahr LLP

Citing Jarkesy, Asbury Automotive Group files suit challenging FTC administrative proceeding

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One of the country’s largest automotive retailers filed suit against the Federal Trade Commission (“FTC”) on October 4, arguing that the Supreme Court’s recent landmark decision in Securities and Exchange Commission v....more

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