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Monday Morning Regulatory Review – 10/10/16: Fiduciary Litigation and...
New grist for the regulatory litigation mill emerged in an additional but very different challenge to one aspect of a suite of highly litigated rules; a follow-on challenge to an agency’s lack of...
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Monday Morning Regulatory Review – 10/17/16: Mortgage Lending Enforcement...
A major loss for the Administration’s policy occurred last week in the failure of a most significant enforcement of post-mortgage-crisis legislation, but not in the organic constitutional way that...
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Monday Morning Regulatory Review – 10/24/16: Nondiscretionary Employment...
In two very different cases, one district court found that an agency has a nondiscretionary duty to conduct detailed analysis under a statute in taking many different actions, while another district...
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Monday Morning Regulatory Review – 10/31/16: Sex, Identity, Statute,...
Four highlights in regulatory practice from the past week present diverse but overlapping issues. The United States Supreme Court (SCOTUS) granted review in a case that may or may not have significant...
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Monday Morning Regulatory Review – 11/7/16: SCOTUS Grants New Regulatory...
The United States Supreme Court (SCOTUS) added another administrative law case to its argument docket on Friday, granting certiorari in Coventry Health Care of Missouri v. Nevils (SCOTUSblog case...
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Presidential Regulatory Transition: A Post-Election Monday Morning Review –...
Understanding the regulatory significance of the 2016 Presidential election focuses on both the authority of the current President of the United States (POTUS) and the President-elect of the United...
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Monday Morning Regulatory Review – 11/21/16: Nursing Home Arbitration Bar...
Several regulatory highlights from the last week illustrate the more forthright and subtle aspects of the transition from one Administration to the next. A judgment in one district court probably...
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Monday Morning Regulatory Review – 11/28/16: Overtime Increase Rule Enjoined;...
A short work week did not mean a lack of regulatory substance, something else to be thankful for. In two significant decisions declaring final rules to be turkeys, a district court preliminarily...
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Monday Morning Regulatory Transition Review – 12/5/16: Healthcare Funding...
Signs of increased speed in the Obama Administration’s quest to institutionalize its policies became apparent with the approval and publication of several economically significant / major rules, even...
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Monday Morning Regulatory Review – 12/12/16: Administration’s Litigation...
The twilight of an Administration brings out some haste to institutionalize policy through regulations and also complex litigating postures driven by policy and institutional concerns, reflected last...
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Monday Morning Regulatory Review – 12/19/16: Continuing Reporting...
With the 30-day deadline for making rules effecting during the current Administration fast approaching (Wednesday), agencies took a number of actions that raise concerns – or at least perceived...
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Tuesday Morning Regulatory Review – 1/3/17: Statutes of Limitation &...
Welcome back for the fifth anniversary post of the Federal Regulations Advisor (No. 393) and a new year of poking the Federal regulatory bear (and sometimes praising it). Among highlights from...
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Monday Morning Regulatory Review – 1/9/17: New Legislative Outlook;...
Congress returned this week and began consideration of old legislative ideas for regulatory reform with a new perspective – and one that now merits attention. Perhaps the last major labor regulation...
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Monday Morning Regulatory Review – 1/23/17: Transition Continuity of...
The first Monday and official workday of a new Administration presents a challenge – agencies have been instructed to hold all regulations for the moment pending further review; implementation will...
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Monday Morning Regulatory Review – 1/30/17: High Policy, Politics &...
The first full week of the Trump Administration provided few surprises. The White House continued to enunciate the high-level policy (or Policy) that its expects agencies to implement and the agencies...
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Monday Morning Regulatory Review – 2/6/17: Gorsuch to SCOTUS; Regulatory...
A complicated and busy week in regulatory practice requires extended comments and a little patience. The President of the United States (POTUS) nominated Judge Neil Gorsuch to be an Associate Justice...
View ArticleMonday Morning Regulatory Review – 2/13/17: Fiduciary Reconsideration;...
Relative quietude on the surface of regulatory practice belies shifting tides. A challenge to one major rule from the prior Administration failed, but a new rule is being reviewed to delay the...
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Monday Morning Regulatory Review – 2/20/17: Delay Challenge; Withdrawal...
Two cases that challenge the effect of a new Administration’s moratorium on rules pending review by new appointees deserve some attention this week – one challenges a delay of effective date while the...
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Monday Morning Regulatory Review – 2/27/17: Transgender Student Bathroom...
“Guidance” seems to have been the word for last week and that requires many words to explain. Agencies rescinded prior Administration guidance that is currently being reviewed by the United States...
View ArticleMonday Morning Regulatory Review 3/6/17: Reconsidering WOTUS; Transgender...
The current Administration continued its undoing of prior the Administration’s priorities, but with more finesse. The definition of Waters of the United States that garnered so much attention during...
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