News & Analysis as of

Administrative Merits Determinations

Manatt, Phelps & Phillips, LLP

Discretionary Denial Requires Compelling Analysis Only After Fintiv Factors Support Denial

In Commscope Techs. LLC v. Dali Wireless, Inc. the Director of the U.S. Patent Office issued a precedential decision that discretionary denial requires the Patent Trial and Appeal Board (PTAB) to perform the compelling merits...more

Littler

NLRB Reaffirms Regional Directors’ Discretion to Dismiss Election Petitions Absent a Hearing

Littler on

On June 15, 2022, in Rieth-Riley Construction Co., Inc., 371 NLRB No. 109, the National Labor Relations Board reaffirmed that regional directors have authority to dismiss representation and decertification petitions if the...more

Ballard Spahr LLP

President Trump issues executive order to change process used by CFPB and other federal agencies for hiring administrative law...

Ballard Spahr LLP on

In response to the U.S. Supreme Court’s decision in Lucia v. SEC, President Trump has issued an executive order that changes the process used by federal agencies for administrative law judges (ALJs)....more

Burr & Forman

6th Circuit Orders Pay-to-Play Challenge to Merits Panel

Burr & Forman on

The Sixth Circuit this week declined the SEC’s request to dismiss a Constitutional challenge to the new MSRB pay-to-play rules. Instead, the Court ordered the case to a merits panel for consideration. The Republican parties...more

Burr & Forman

6th Circuit Orders Pay-to-Play Challenge to Merits Panel

Burr & Forman on

The Sixth Circuit this week declined the SEC’s request to dismiss a Constitutional challenge to the new MSRB pay-to-play rules.  Instead, the Court ordered the case to a merits panel for consideration.  The Republican parties...more

Morgan Lewis

Final Rule for Fair Pay and Safe Workplace: Scant Relief for Federal Contractors

Morgan Lewis on

The final rule makes agency allegations of employment law violations reportable events that could result in denied federal contracts or terminated existing contracts. On August 25, the Federal Acquisition Regulatory...more

Pillsbury Winthrop Shaw Pittman LLP

Final Rules and Guidance Issued on “Blacklisting” Executive Order - Controversial Mandate Requires Disclosure of Labor and...

On August 25, 2016, the Federal Acquisition Regulatory Council issued final rules and the Department of Labor (DOL) published final guidance implementing President Obama’s 2014 “Fair Pay and Safe Workplaces” Executive Order...more

Bradley Arant Boult Cummings LLP

“BLACKLISTING” OR “BAD ACTOR” Executive Order 13673

Officially known as the “Fair Pay and Safe Workplaces” Executive Order, Executive Order 13673 now consists of proposed guidance from the Department of Labor (“DOL”) and proposed regulations from the Federal Acquisition...more

Constangy, Brooks, Smith & Prophete, LLP

Affirmative Action Alert: Agencies issue proposals on "Fair Pay & Safe Workplaces" Executive Order

The Federal Acquisition Regulatory Council and the U.S. Department of Labor issued simultaneous proposals to implement President Obama’s Fair Pay and Safe Workplaces Executive Order. The Executive Order, signed last July,...more

Proskauer - Government Contractor Compliance...

Proposed Guidance and Regulations For The Fair Pay And Safe Workplaces Executive Order Released May 27, 2015

On May 27, 2015, the U.S. Department of Labor (“DOL”) issued a press release announcing the publication for notice and comment of its proposed guidance and the FAR Council’s proposed regulations regarding the Fair Pay and...more

Seyfarth Shaw LLP

More Burden For Federal Contractors Becomes Closer To A Reality -- Courtesy of The President’s July 31, 2014 Executive Order and...

Seyfarth Shaw LLP on

Last summer, President Obama signed an Executive Order entitled “Fair Pay and Safe Workplaces” requiring prospective federal contractors to disclose “any administrative merits decision, arbitral award or decision, or civil...more

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