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  2. Jan 17, 2025As a result of the court's recent decision, the 2024 Final Rule is "off the books" because the court found the challenged provisions are too interwoven to be extricated from the rest of the 2024 Final Rule. IHEs should begin preparing to re-implement Title IX policies that comply with the 2020 Final Rule, which now applies nationwide.
  3. Not long ago we wrote about the significant changes to Title IX's regulations in the Department of Education's final rule set to go into effect this year (the Final Rule). Primary and secondary schools and institutions of higher education (together, Schools) began preparing to comply with the Final Rule's effective date of August 1, 2024.
  4. May 9, 2024The Final Rule also no longer requires complainants of sex-based discrimination and harassment to attend live hearings or be cross-examined by the respondent. Individuals who raise Title IX complaints may now choose to participate in hearings remotely, and Schools may choose to interview students separately.
  5. The proposed rule received strong support from stakeholders, so the Biden administration will look to publish this as quickly as possible to tout the win. Medical Devices; Laboratory-Developed Tests: This rule would clarify that laboratory-developed tests count as medical devices for the purposes of FDA enforcement. The unified agenda has it ...
  6. Apr 24, 2024The Final Rule defines a non-compete clause as a term or condition of employment that prohibits Covered Persons from, penalizes Covered Persons for, or functions to prevent Covered Persons from (i) seeking or accepting work in the United States with an entity after the conclusion of the Covered Person's employment or (ii) operating a business ...
  7. Almost a year and a half after publishing its proposed Title IX regulations, and amid a nationwide pandemic, the U.S. Department of Education (DOE) took momentous action on Wednesday when it published a 2,000+ page, unofficial version of its final regulations (the Final Rule). To aid in your review, we have distilled its six key provisions, as identified by advocacy groups, educational ...
  8. Recently, the Biden administration's Department of Education (the Department) announced that it will "immediately cease enforcement" of the 2020 Title IX Regulations' exclusionary rule. Generally, the exclusionary rule prevents a decision-maker at an institution for higher education (IHE) from considering statements made by parties or witnesses who did not participate in cross-examinations at ...
  9. One of the district court decisions went up for appeal, and on March 27, 2024, the U.S. Court of Appeals for the Fourth Circuit affirmed that an independent school's status as a 501(c)(3) tax exempt organization does not make the school a recipient of federal financial assistance, reversing the 2022 district court decision in Buettner-Hartsoe v.
  10. Oct 17, 2024October 17, 2024 . Advertising Law News and Analysis. 2 min. FTC Announces Final "Click-to-Cancel" Rule on Negative Options, Autorenewals, Free-to-Pay, and Subscription Services. By a 3-2 vote, the Federal Trade Commission (FTC) announced its Final Negative Option Rule that covers negative option programs for both consumer and B2B transactions ...
  11. After the publication of the long-awaited Title IX final regulations (Final Rule), detailed in our previous alert, it was only a matter of time before the regulations were challenged in court.Many advocacy groups expressed their intent to challenge the Final Rule if it adopted the controversial proposals published in the 2018 Notice of Proposed Rule Making (NPRM).

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