Brownstein Hyatt Farber Schreck

Annually, congressional Appropriations committees determine how money will be spent on different programs and departments within the federal government. The Appropriations committees derive their power from a key provision in the Constitution that states, “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” Although the resulting legislation funds the federal government for the year, there are tools available to Congress and presidents to alter the appropriated funds. For example, between the years of 1974–2011, presidents proposed 1,178 rescissions while Congress proposed an additional 2,261. The below describes the powers afforded to Congress and the administration for appropriated money.

The Federal Trade Commission (FTC) is one of the independent agencies expected to undergo considerable changes in rulemaking priorities once President-elect Trump enters office. Chairwoman Lina Khan is expected to step down in the early days of the Trump administration. Trump will name a Republican acting chairperson, leading to an equal 2-2 partisan split in the commission until his nominee for chairperson is confirmed by the Senate. Khan-era rulemakings on so-called junk fees, noncompetes, click-to-cancel and others are set to be scaled back or changed in the Trump administration.

Republicans will soon find themselves in in control of the entire federal government—the White House, the Senate and the House of Representatives—for...

On Wednesday, Dec. 4, President-elect Donald Trump announced his intention to nominate Paul Atkins as the next chair of the Securities and Exchange Commission (SEC). Atkins, who served as an SEC commissioner from 2002 to 2008 during the George W. Bush administration, is known for preferring a lighter-touch approach to regulation and advocating for market efficiency. He currently serves as CEO of Patomak Global Partners, a consultancy specializing in financial regulation, and has been active in cryptocurrency advocacy through his work with clients and organizations, including the Chamber of Digital Commerce.

On Dec. 3, 2024, the Consumer Financial Protection Bureau (CFPB) released a proposed rule that would treat data brokers as credit reporting agencies, subjecting them to requirements under the Fair Credit Reporting Act (FCRA). The rulemaking would also limit the sale and transfer of credit header data, which contains consumer identifiers, including names, dates of birth and addresses. Accordingly, it impacts compliance requirements and liability for a wide variety of stakeholders using public data, including financial institutions, housing providers, collectors, fintechs, credit reporting agencies, insurance companies, employers and many others.

Businesses use several advertising tactics. Most are clearly presented to potential consumers in traditional ways such as text on a web page, posters, mailings, brochures, etc. Alternatively, some tactics to increase exposure to consumers using the internet to search for goods and services are clandestine.

President-elect Trump’s nominee for commissioner of Food and Drugs, Martin A. Makary, MD, MPH, argued in 2016 that Congress should reform the Orphan...

On Dec. 17, the Federal Trade Commission (FTC) issued a final rule to limit certain industries’ use of so- called “junk fees,” concluding a rulemaking...

On Dec. 12, the Consumer Financial Protection Bureau (CFPB) finalized a controversial rulemaking that would fundamentally alter how banks and credit...

A slew of new California employment laws were passed in 2024, many late in the year, and these new laws mandate changes to employer practices and policies, including updates to employee handbooks, as well as protocols, employment applications, job postings and job descriptions and related documents. In addition, management should be apprised of these legislative updates to ensure ongoing compliance (for instance, in recruiting, screening and interviewing candidates). Below is a summary of several key changes (all of which are effective Jan. 1, 2025, unless otherwise indicated).