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Monday Morning Regulatory Review: Firearms Executive Action; IRS Withdrawal &...
The President of the United States (POTUS) dominated regulatory affairs last week by announcing firearms executive actions and the devil, as always, is in the details. Two other actions at least...
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Monday Morning Regulatory Review: SCOTUS Returns; Law Practice & Mortgage...
The United States Supreme Court (SCOTUS) returned last week to open several new lines of inquiry that impact regulatory practice, but has not yet decided whether the hear the case of the year. At the...
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Monday Morning Regulatory Review: SCOTUS Takes On Immigration Executive...
Washington shut down for the weekend, but the administrative process never sleeps. Prime from last week, the United States Supreme Court (SCOTUS) decided to hear a mishmash of immigration executive...
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Monday Morning Regulatory Review: Petitions for Clean Power Stay; Rural...
Regulatory practice litigation highlights over the past two weeks include the latest round of applications to stay the Administration’s Clean Power Plan, another problematic rework of Medicare rules...
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Monday Morning Regulatory Review – 2/22/16: Drone Litigation; COOL Removal &...
A holiday-shortened week in regulatory practice found new challenges to drone regulations highlighting some of the peculiarities of regulations attempting to catch up with reality. The demise of...
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Monday Morning Regulatory Review – 3/7/16: Clean Water Rule Complicated; MATS...
Legal minutiae often drives the greatest of issues and last week proves that point with a petition for rehearing en banc over jurisdiction and the denial of a stay. Logistically, compliance with...
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Monday Morning Regulatory Review: Administration’s Unpublished Grade; OPT...
The Administration may have finally dispatched litigation over one of its more troubling proxy choices last week, while agencies responded to one recent potential and one ancient complete vacatur. On a...
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Monday Morning Regulatory Review – 3/21/16: SCOTUS Weighing Regulatory...
This week the United States Supreme Court (SCOTUS) will take up the latest edition of a significant statutory and regulatory conflict and SCOTUS may soon return to another substantial Administrative...
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Monday Morning Regulatory Review: SCOTUS On WOTUS Jurisdiction & Finality;...
This week, the United States Supreme Court (SCOTUS) will hear argument over a thorny issue of finality when the determination imposes a draconian choice. The Department of Labor (DOL) took center...
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Monday Morning Regulatory Review – 4/4/16: SCOTUS Seeks Contraceptive...
The United States Supreme Court (SCOTUS) rarely orders post-argument briefing, particularly on a discrete but lopsided question, but it did so last week on an issue of agency compliance with specific...
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Monday Morning Regulatory Review – 4/11/16: Corporate Inversions Ruled Out;...
The Administration fully engaged in institutionalizing its policies through promulgated rules with the Employee Benefits Security Administration (EBSA), the Internal Revenue Service (IRS), and the Food...
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Monday Morning Regulatory Review – 4/18/16: Immigration Injury Costs &...
Springtime means the United States Supreme Court (SCOTUS) will be busy and they are not alone. SCOTUS will hear argument in immigration policy and Fair Labor Standards Act (FLSA) regulatory cases this...
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Monday Morning Regulatory Review – 4/25/16: Medicare Reimbursements; Medical...
This week’s highlights in regulatory practice seem to focus on periodic regulations from the Department of Health and Human Services (HHS) Centers for Medicare and Medicaid Services (CMS). CMS last...
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Monday Morning Regulatory Review – 5/2/16: Amtrak’s GSE Regulatory...
Highlights in regulatory practice last week included an arcane railroad timetable management train wreck may have complicated the authority of a number of different government-related organizations....
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Monday Morning Regulatory Review – 5/9/16: Consumer Class Non-Arbitration;...
Four highlights from last week’s regulatory practice include unsurprisingly swings in money issues and engagement in one of the most emotional topics for any regulatory. The Consumer Financial...
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Monday Morning Regulatory Review – 5/16/16: Deeming Rule & Litigation; Safety...
Highlights with no surprises in regulatory practice last week focused on the rush to complete regulatory actions. The Administration issued the controversial tobacco “deeming rule” and a vaping...
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SCOTUS Warns Concrete Injury Needed to Enforce Statutory Rights
The United States Supreme Court (SCOTUS) today returned the critical case of Spokeo, Inc. v. Robins to the United States Court of Appeals for the Ninth Circuit to decide whether plaintiff Robins had...
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SCOTUS Remands Contraceptives Regulation Cases to Uncertain Future
The United States Supreme Court (SCOTUS) on Monday remanded to the lower courts its docket of cases raising the question of whether the Department of Health and Human Services (HHS) sufficiently...
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Monday Morning Regulatory Review – 5/23/16: Clean Power En Banc; FLSA...
More surprises after Spokeo and Zubik leavened last week’s regulatory practice, including an order by the United States Court of Appeals for the District of Columbia Circuit to hold en banc oral...
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Monday Morning Regulatory Review – 5/30/16: Agency Delays and Judicial...
The long-running saga of the Federal Communications Commission (FCC) attempts to provide diversity in the broadcast industry pushed forward by a court last week. Another court, however, faces the...
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