Notice & Comment

Legacy ABA AdLaw Section Notice and Comment Blog

Notice & Comment

Publications: Penn Program on Regulation Launches RegBlog, by Jonathan Rusch

The Penn Program on Regulation has just launched a new blog, RegBlog. Housed at Penn Law and staffed by law and graduate students from multiple schools at Penn, RegBlog provides regulatory news, analysis, and opinion. Contributors include staff members, scholars, practitioners, and others interested in regulatory developments. Anyone interested in contacting RegBlog should email the […]

Notice & Comment

Administrative Conference of the United States: ACUS Schedules April 28 Regulatory Leadership Workshop on Trade and Enforcement, by Jonathan Rusch

On April 28, acccording to a notice by the Administrative Conference of the United States (ACUS), ACUS will hold a regulatory Workshop entitled, “Going Global – The Case for U.S. Regulatory Leadership on Trade and Enforcement.” The Workshop will take place at the U.S. Chamber of Commerce, 1615 I Street, N.W., Washington, D.C. from 8:30 […]

Notice & Comment

Administrative Conference of the United States: ACUS Publishes Public Committee Meeting Schedule for April, by Jonathan Rusch

The Administrative Conference of the United States (ACUS) has published its scheduled Committee public meetings in April. Upcoming public meetings include: – Committee on Administration and Management: Government Contractor EthicsMonday, April 18, 2011, from 2p.m. to 5 p.m. – Committee on Rulemaking: E-rulemaking—Legal IssuesWednesday, April 20, 2011, from 9:30 a.m. to 12:30 p.m. – Committee […]

Notice & Comment

Intellectual Property/International Law: European Court of Justice Rejects Patents Court Proposal, by Jonathan Rusch

On March 8, the European Court of Justice issued an opinion that a proposal to create a European Patents Court was not compatible with the provisions of the European Union Treaty and the Functioning of the European Union (FEU) Treaty. In 2007, the European Commission had made various proposals to enhance the patent system in […]

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Government Affairs and Legislative Process: National Journal Article on Lobbying Reform, by Jonathan Rusch

On March 21, the National Journal published a column on lobbying reform by Eliza Newlin Carney that included a discussion of the ABA Administrative Law and Regulatory Practice Section’s Federal Lobbying Laws Task Force report and recommendations. This post was originally published on the legacy ABA Section of Administrative Law and Regulatory Practice Notice and […]

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Antitrust and Trade Regulation/Criminal Process: FTC Issues 2010 Report on Consumer Fraud and Identity Theft Complaints, by Jonathan Rusch

On March 8, the Federal Trade Commission issued the Consumer Sentinel Network Data Book for 2010. The Data Book, which includes data for consumer complaints that the FTC received in 2010, notes that for the 11th year in a row, identity theft was the leading category of consumer complaints received (250,854, constituting 19 percent of […]

Notice & Comment

Antitrust and Trade Regulation/Intellectual Property: FTC Issues Report on Patent System and Competitiveness, by Jonathan Rusch

On March 7, the Federal Trade Commission issued a report titled, “The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition.” The report examines technology markets and patent markets and offers a competition perspective on patent notice and patent remedies (including how patent notice and remedies affect innovation and competition). This post was originally […]

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Securities, Commodities, and Exchanges: Sutherland Asbill Releases Survey of FINRA Sanctions, by Jonathan Rusch

On February 28, Sutherland Asbill & Brennan issued a press release announcing the results of their latest survey of Financial Industry Regulatory Authority (FINRA) sanctions against broker-dealers and associated persons. In brief, the survey found that in 2010: – FINRA’s disciplinary actions increased from 1,158 to 1,310 — an increase of more than 13 percent […]

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Freedom of Information and Privacy: U.S. Supreme Court Decides Corporations Cannot Claim FOIA Law Enforcement/”Personal Privacy” Exemption, by Jonathan Rusch

On March 1, in a unanimous (8-0) decision in FCC v. AT&T, the U.S. Supreme Court held that corporations do not have “personal privacy” for the purposes of Exemption 7(C) of the Freeedom of Information Act (FOIA), 5 U.S.C. §552(b)(7)(C). Exemption 7(C) creates an exemption from the general disclosure obligations of FOIA for law enforcement […]

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Regulatory Policy/Rulemaking: President Issues Memorandum on Reducing Regulatory Burdens for State and Local Governments, by Jonathan Rusch

On February 28, President Obama issued a memorandum to federal executive departments and agencies, directing them (as summarized in a White House press release) “to work with State, Tribal, and local governments to reduce unnecessary regulatory and administrative burdens in order to focus resources on achieving better outcomes at lower cost.” According to the release, […]

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Regulatory Policy/Rulemaking: House Judiciary Subcommittee Holds Hearing on Administrative Procedure Act, by Jonathan Rusch

On February 28, the House Judiciary Committee’s Subcommittee on Courts, Commercial and Administrative Law held a hearing on “The APA at 65 – Is Reform Needed to Create Jobs, Promote Economic Growth and Reduce Costs?” Witnesses at the hearing included Susan Dudley, Research Professor of Public Policy and Public Administration at George Washington University, Jeffrey […]

Notice & Comment

Administrative Conference of the United States/Ethics: ACUS Committee to Consider Possible Government Contractor Ethics Recommendation, by Jonathan Rusch

On February 28, the Administrative Conference of the United States (ACUS) blog, Administrative Fix, posted that on March 16, from 9:00 to noon ET, the ACUS Committee on Administration and Management will “consider a draft recommendation concerning the ethics rules applicable to government contractors and their employees.” Additional information about the project is available on […]

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Antitrust and Trade Regulation/International Law: Canadian Competition Bureau Announces Plans to Revamp Merger Guidelines, by Jonathan Rusch

On February 25, the Canadian Competition Bureau issued an announcement that it plans to “undertake moderate revisions to the Merger Enforcement Guidelines (MEGs).” The anouncement made clear that the Competition Bureau plans to address only “certain discrete areas where the MEGs do not fully reflect current Bureau practice and current economic and legal thinking.” Specific […]

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Intellectual Property/International Law: Federal Court of Australia Rejects Movie Companies’ Infringement Claims Against Australian ISP, by Jonathan Rusch

On February 24, in Roadshow Films Pty Ltd. & Ors v. iiNet Ltd., No. NSD179/2010, [2011] FCAFC 23, the Federal Court of Australia Full Court dismissed an appeal by a bevy of international movie and entertainment companies against the decision of the primary judge that the Internet service provider iiNet Ltd had not infringed the […]

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Banking and Financial Services/International Law/International Trade: Australia and New Zealand Sign Important Investment Protocol, by Jonathan Rusch

On February 16, the governments of Australia and New Zealand signed an Investment Protocol to the Closer Economic Relations Trade Agreement. According to a new report by Kelly Buchanan of the Library of Congress, and as reflected in press releases by the Australian and New Zealand governments, the Protocol “increases the screening thresholds above which […]