Disclaimer

This Blog/Web Site ("Blog") does not provide specific legal advice. It is for educational purposes only. Use of the Blog does not create any attorney-client relationship between you and Holland & Knight LLP or the author(s) of any posts. The Blog does not constitute legal advice and is not a substitute for competent legal advice from a licensed attorney in your state. Any links from another site to the Blog are beyond the control of Holland & Knight LLP and do not convey their approval, support or any relationship to any site or organization.

Find News & Knowledge

Regulatory Litigation Blog Topics

Drones     FAA

D.C. Circuit   

EPA     FCC    ADA

Regulatory Litigation Blog

Holland & Knight's Regulatory Litigation Blog addresses federal regulatory issues and cases brought by and against the federal government, including regulatory and statutory enforcement actions, challenging agency actions under the Administrative Procedure Act, and testing the constitutionality of legislative and regulatory schemes.

  • Contact our Blog Editors: and
  • Meet our Regulatory and Federal Litigation Team
Showing 1-20 of 71 results
Sort By:
 
Next
Lawsuits over website accessibility for persons with visual and hearing impairments have become commonplace, and serial plaintiffs and their law firms have become accustomed to quick settlements following their claims that a retailer's website is inaccessible.
Read more »
Is a federal court determining foreign law required to treat as conclusive a submission from a foreign government interpreting its law? The U.S. Supreme Court confronted this question in a case involving price-fixing claims against Chinese sellers of vitamin C. In an opinion released yesterday, the Court determined that the views of the Chinese government that its laws compelled the Chinese conspirators to fix prices and output of Vitamin C are entitled to "respectful consideration" in U.S. courts, but not the "conclusive effect" provided by the Second Circuit. See Vitamin C Antitrust Litigation (Animal Science Products, et al. v. Hebei Welcome Pharmaceutical Co. Ltd. et al.), No. 16-1220, 585 U.S. __ (2018)).
Read more »
June 15, 2018
|
A moratorium against the conversion or closure of gas stations in the District of Columbia has come under constitutional attack. The property owners have won the first round.
Read more »
Once the airplane leaves the gate, it's too late to try to get on board. And once the Federal Aviation Administration (FAA) issues a Record of Decision about new departure procedures, you have only a short time to petition for review.
Read more »
March 28, 2018
|
On Feb. 26, 2018, Judge Randolph D. Ross of the United States District Court for the District of Columbia dismissed a complaint filed by several public interest groups challenging President Donald Trump's Executive Order requiring all agencies to repeal two existing regulations for each new regulation issued.
Read more »
March 7, 2018
|
The U.S. Department of Labor (DOL) closed out 2017 by entering into yet another settlement agreement with the trustee of an employee stock ownership plan (ESOP).
Read more »
According to the Supreme Court in Digital Realty Trust, Inc. v. Somers, an employee must report suspected misconduct to the SEC, and not simply to a supervisor, to qualify as a “whistleblower” under the Dodd-Frank Act.
Read more »
February 23, 2018
|
In an about-face, on Jan. 31, 2018, the U.S. Court of Appeals for the District of Columbia Circuit rejected PHH Corp.'s high profile constitutional challenge to the Consumer Financial Protection Bureau's (CFPB) single-director structure. In the opinion for the Court, Judge Pillard announced there to be nothing "constitutionally suspect" about the CFPB's structure, finding the Bureau's degree of independence from the President sanctioned by Supreme Court precedent. This decision comes in the midst of a sea change at the Bureau wrought by President Trump's appointed Acting Director, Mick Mulvaney, after the departure of former Director Richard Cordray's departure from the Bureau to run for Governor of Ohio.
Read more »
The U.S. Supreme Court on Jan. 22, 2018, issued a unanimous opinion in National Association of Manufacturers. v. Department of Defense, No. 16-299, 583 U.S. ___ (2018), holding that the federal district courts, not the federal courts of appeals, have sole original jurisdiction to hear legal challenges to the Clean Water Act (CWA) "Waters of the United States" rule (2015 WOTUS Rule) promulgated by the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) in June 2015. As a result, numerous challenges to the WOTUS Rule that were consolidated in the U.S. Court of Appeals for the Sixth Circuit will be dismissed and the Sixth Circuit's nationwide stay of the WOTUS Rule will be lifted.
Read more »
February 2, 2018
|
The Department of Housing and Urban Development (HUD) has announced that it is awarding $37 million as part of its Fair Housing Initiatives Program (FHIP) to approximately 100 fair housing organizations and nonprofit agencies in 44 states and the District of Columbia.
Read more »
February 1, 2018
|
The Wall Street Journal recently reported that a growing number of brands are pushing back on the growth of large online retailers by adopting and enforcing Minimum Advertised Price (MAP) policies, among other strategies.

Read more »
August 10, 2017
|
As we recently observed, the antitrust enforcement agencies believe they have the tools they need to catch people attempting to use modern technology to evade the century-old Sherman Act.
Read more »
August 9, 2017
|
We recently reported how the controversial new Consumer Financial Protection Bureau (“CFPB”) rule (issued on July 10, 2017) may increase the risk of class actions for bank and credit card companies.
Read more »
Under a controversial new final rule issued by the Consumer Financial Protection Bureau (CFPB) on July 10, 2017, banks and credit card companies are prohibited from forcing consumers into arbitration to avoid class action lawsuits.
Read more »
On May 26, 2017, the Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) released a policy paper expressing their views on when the use of algorithms to set prices might violate U.S. antitrust law.
Read more »
A recent appellate court ruling governing all federal court cases in Florida, Georgia and Alabama establishes that a defendant in a False Claims Act (FCA) case cannot rely on a defense that there was no intent to defraud the government just because the defendant had a reasonable interpretation of an ambiguous government regulation.
Read more »
June 9, 2017
|
The DOJ prosecuted a former executive of a "hop on, hop off" bus tour company for impeding an antitrust investigation by attempting to destroy records requested by the government. Companies should recognize the seriousness with which the DOJ treats formally issued document demands and should understand the significant consequences they and their employees face if they seek to prevent the DOJ from obtaining information it requests.
Read more »
The U.S. Supreme Court unanimously held that a New York statute prohibiting merchants from imposing a surcharge on credit card purchases regulates merchants' speech.With this new opinion, New York merchants – as well as merchants in other jurisdictions subject to similar laws – come one step closer to being able to advertise and charge consumers credit card surcharges.
Read more »
The Consumer Financial Protection Bureau seeks feedback from the public on the challenges faced by consumers in accessing and sharing access to their digital account information.
Read more »
Next