How Do Regulatory Agencies Implement Laws?

March 22, 2021

After a law is passed by Congress, how is it implemented? Susan Dudley explains.

Regulating Big Tech: Lessons from the “Hall of Fallen Giants”

March 16, 2021

How can recent history inform current debates over “Big Tech” companies?

How Does the FDA Evaluate Vaccines?

February 24, 2021

Dr. Henry Miller explains the FDA’s process for considering and approving vaccines for emergency use.

Are Fuel Economy Standards Useful in Lowering Carbon Pollution?

January 25, 2021

Are fuel economy regulations the best tool to reduce pollution? How do they affect consumer behavior, and do they have hidden costs?

Apple v. Pepper: When Can a Private Individual Sue for an Antitrust Violation?

January 8, 2021

In Apple v. Pepper, the Supreme Court considered whether consumers could directly sue Apple for a surcharge on apps in the iPhone App Store.

Regulation of Telehealth Services in the Era of COVID

December 22, 2020

Should telemedicine be considered as the same or different from traditional office visits, and what regulations should govern it?

Should Local Zoning Laws Become More Flexible in the Age of COVID-19?

December 14, 2020

Land use regulations have been relaxed to accommodate the COVID era, but will this flexibility remain after things finally start returning to normal?

The Debate over Worker Classification in California: CA AB-5 and Beyond

December 1, 2020

Californians approved an exemption to AB-5 permitting app-based ridesharing and delivery drivers to function as independent contractors. What about other independent contractors?

When Does Refusal to Deal Violate Antitrust Law?

November 17, 2020

In 2004, the Supreme Court decided Verizon Communications v. Law Offices of Curtis V. Trinko. The case examined what types of monopolistic activities would violate antitrust laws. The Court addressed issues involving forced sharing, the risks and rewards of competition in a free market, and the role of governing regulations. The Trinko decision raises important questions and provides insightful consideration for examining antitrust issues.

Jan Rybnicek is Counsel at Freshfields Bruckhaus Deringer.

How Does the FDA Regulate Hand Sanitizer?

September 23, 2020

Due to the COVID-19 pandemic, hand sanitizer has been in high demand. The FDA has stringent regulations about the ingredients for hand sanitizer. This guidance was relaxed somewhat to allow more production from a variety of alcohol industries, such as fuel alcohol manufacturers. After these industries invested time and money preparing to produce hand sanitizer, the FDA revoked the initial guidance and dictated that all hand sanitizer must comply with the usual standards. Are the actions of the FDA justified out of a concern for safety, or should some regulations be re-evaluated in times of emergency?

T. Elliot Gaiser is an Associate at Boyden Gray & Associates PLLC.