News & Analysis as of

Regulatory Authority

White & Case LLP

AI Watch: Global regulatory tracker - United States

White & Case LLP on

The US relies on existing federal laws and guidelines to regulate AI but aims to introduce AI legislation and a federal regulation authority. Until then, developers and deployers of AI systems will operate in an increasing...more

Pillsbury Winthrop Shaw Pittman LLP

How Broad Is Too Broad? Supreme Court Considers Scope of NEPA

The U.S. Supreme Court is poised to address a circuit split over whether an agency doing an environmental review under the National Environmental Policy Act (NEPA) must consider effects beyond its regulatory jurisdiction,...more

Epstein Becker & Green

Post-Chevron, Agency Challenges Aren’t Always a Slam Dunk

Epstein Becker & Green on

In its first merits decision this term, the Supreme Court provided a straightforward application of textualism to demonstrate that in cases challenging administrative action under the Administrative Procedure Act (APA),...more

Holland & Knight LLP

OCR Shores Up Access to Healthcare with Nondiscrimination Protections

Holland & Knight LLP on

Access to quality healthcare services has long been a priority of the U.S. Department of Health and Human Services (HHS), and through its Office for Civil Rights (OCR) this agency has, since at least 2001, sought to provide...more

Troutman Pepper

Eighteen State AGs and DeFi Education Fund Sue SEC for Approach to Digital Asset Regulation

Troutman Pepper on

On November 14, a coalition of 18 states, led by Utah Attorney General (AG) Sean Reyes, the outgoing chairman of the Republican AGs Association, filed a lawsuit against the U.S. Securities and Exchange Commission (SEC) and...more

Torres Trade Law, PLLC

CFIUS Review of Real Estate Transactions: A Primer and Overview of Recent Updates

Torres Trade Law, PLLC on

On November 1, 2024, the U.S. Department of Treasury (“the Treasury”), as chair of the Committee on Foreign Investment in the United States (“CFIUS”), published a Final Rule expanding its authority to review certain...more

Kohn, Kohn & Colapinto LLP

Hidden Whistleblower Disclosure Units: Self-Regulatory Organizations

Despite the immense success of, and corresponding public interest in, the Securities and Exchange Commission (SEC) Whistleblower Program, one element of the program remains little understood: whistleblowers who report...more

A&O Shearman

Fifth Circuit Limits OFAC Authority Over Certain Cryptocurrency Products

A&O Shearman on

On November 26, 2024, the Fifth Circuit Court of Appeals held that the United States Office of Foreign Assets Control (“OFAC”) exceeded its authority by adding an entity that pools and anonymizes crypto transactions to OFAC’s...more

Mayer Brown

Federal Appeals Court Tosses OFAC Sanctions on Tornado Cash and Limits Federal Government’s Ability to Police Crypto Transactions

Mayer Brown on

On November 26, 2024, the United States Court of Appeals for the Fifth Circuit issued a landmark decision holding that the Treasury Department’s Office of Foreign Assets Control (“OFAC”) exceeded its statutory authority by...more

Epstein Becker & Green

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

Epstein Becker & Green on

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

McDermott Will & Emery

Post-Chevron Insights and Resources

McDermott Will & Emery on

On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the US Supreme Court overruled the decades-old Chevron doctrine. This decision means that courts must now determine the meaning of federal statutes and effectively...more

BakerHostetler

Supreme Court Hears FDA’s Flavored Vape Case

BakerHostetler on

On Monday, the Supreme Court heard oral arguments in a pivotal case that examines the Food and Drug Administration’s (FDA) authority to regulate flavored e-cigarettes. At the heart of the debate are the agency’s denials of...more

Holland & Knight LLP

Proyecto de decreto busca modificar el ecosistema de pagos de bajo valor en Colombia

Holland & Knight LLP on

El Ministerio de Hacienda y Crédito Público de la República de Colombia, a través de la Unidad de Regulación Financiera, publicó un proyecto de decreto con el cual se busca implementar una normativa para fortalecer la...more

Venable LLP

The Dueling Views of FTC Commissioners Ferguson and Holyoak on the Scope of Agency Authority

Venable LLP on

Last month, the Federal Trade Commission (FTC) announced an enforcement action against Evolv Technologies, alleging that the company made deceptive claims about the capabilities of its AI-powered security screening system,...more

DLA Piper

DC Circuit rules White House CEQ lacks statutory authority to issue binding regulations under NEPA

DLA Piper on

A split panel for the US Court of Appeals for the District of Columbia Circuit (DC Circuit) ruled on November 12, 2024, in Marin Audubon Society, et al. v. Federal Aviation Administration, et al. (Marin Audubon Society)...more

Carlton Fields

Move Over Loper Bright — Nondelegation Doctrine Is Administrative State’s New Battleground

Carlton Fields on

Last term’s opinion in Loper Bright Enterprises v. Raimondo was a landmark in the U.S. Supreme Court’s administrative law jurisprudence, overturning 40 years of Chevron deference with a pen stroke. The Loper Bright/Chevron...more

WilmerHale

Standardization for Compliance in the European Union’s AI Act

WilmerHale on

This blog post discusses harmonized standards, common specifications, and certificates in the EU’s Artificial Intelligence Act (“AI Act”). We also discuss the role of the authorities responsible for appointing conformity...more

Venable LLP

CFPB Expands Oversight: Finalizes New Rule Targeting Big Players in Digital Payments

Venable LLP on

On November 21, the Consumer Financial Protection Bureau (CFPB) finalized a rule to supervise nonbank companies that offer digital wallets and payment apps. The rule allows the CFPB to supervise and examine nonbank companies...more

Patterson Belknap Webb & Tyler LLP

UPDATE: District Court Win Lets “Flash Boy” Traders Avoid SEC Registration – For Now

On November 21, 2024, a Northern District of Texas court ruled that the Securities and Exchange Commission had overstepped its authority when the agency had implemented a rule (the “Dealer Rule”) requiring a broader group to...more

Benesch

Motor Carrier Regulatory Agencies: Determining Which are Applicable and How to Comply

Benesch on

The regulatory environment is top of mind these days coupled with speculation over potential change. Any attention paid to our obligations for safe and lawful operation is positive as we strive for compliance by our companies...more

Stikeman Elliott LLP

Standard of Review for Challenges to Regulations: Important Guidance from the Supreme Court of Canada

Stikeman Elliott LLP on

The Supreme Court of Canada (“SCC”) in two recent companion decisions, Auer v. Auer (“Auer”) and TransAlta Generation Partnership v. Alberta (“TransAlta”), has clarified that the reasonableness standard as set out in Canada...more

Holland & Knight LLP

Adding Fuel to the Fires Calling for Permitting Reform

Holland & Knight LLP on

In a surprise decision likely to add further fuel to the fires calling for permitting reform and uncertainty to the environmental review process for federal funding and approval, the U.S. Court of Appeals for the District of...more

Holland & Knight LLP

CFPB Finalizes New Federal Supervision of Certain Providers of Digital Wallets, Payment Apps

Holland & Knight LLP on

The Consumer Financial Protection Bureau (CFPB) on Nov. 21, 2024, issued a final rule to supervise larger nonbank companies that offer "general-use digital consumer payment applications" such as digital wallets, payment apps...more

A&O Shearman

European Supervisory Authorities Publish Joint Guidelines on System for Exchange of Information Relevant to Fit and Proper...

A&O Shearman on

The European Supervisory Authorities (the European Securities and Markets Authority, European Banking Authority, and European Insurance and Occupational Pensions Authority) published joint guidelines on the system for the...more

BCLP

Key Insights on the EU Cyber Resilience Act - What Businesses Need to Know

BCLP on

The Cyber Resilience Act (CRA) is a groundbreaking piece of legislation designed to enhance the cybersecurity of digital products and services made available in the EU. Published last week in the Official Journal of the...more

873 Results
 / 
View per page
Page: of 35

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide