Rollback, Regulatory Freezes, and Investigations Review

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The administration continues to roll back regulation while shifting its focus to trade, domestic production, and immigration.

This week, President Trump issued executive orders closing the Department of Education and invoking the Alien Enemies Act. Meanwhile, the administration continues its focus on DEI policies, while facing various lawsuits over its personnel, spending, and immigration actions.

Latham lawyers are carefully monitoring the rollout of President Trump’s policy priorities through executive orders, agency actions, and installment of new personnel. Below is a…

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The move furthers the administration’s agenda to challenge the status of independent agencies.

On March 18, 2025, President Trump removed two Democratic members of the Federal Trade Commission (FTC or the Commission). A Republican nominee for commissioner remains pending before the Senate. The removals, which leave the five-member Commission with two active commissioners, are consistent with the Trump administration’s stated intention to challenge the status of independent federal agencies.

The removals are unlikely to affect many operations of the FTC…

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In a break from restrictive Biden-era policies, OCC-supervised banks may now engage in crypto without supervisory nonobjection, potentially opening new avenues for innovation.

By Arthur S. Long, Parag Patel, Pia Naib, and Deric Behar

On March 7, 2025, the Office of the Comptroller of the Currency (OCC) reaffirmed that national banks and federal savings associations (collectively, banks) may participate in a range of cryptocurrency activities, including crypto custody, certain stablecoin activities, and participation in independent node verification…

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The future of GRAS: FDA considers new rules that could impact food product innovation.

By William A. McConagha, Meryl Bartlett, and Trevor Thompson

On March 10, 2025, Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. announced in a press release that he has directed the Food and Drug Administration (FDA) to explore rulemaking to implement a seismic shift in how most companies introduce ingredients into the nation’s food supply. The shift would eliminate the…

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Latham lawyers discuss how recent developments may impact FDA approval and enforcement activities, including with respect to novel tobacco and nicotine products.

The initial months of the Trump administration have been marked by a flurry of executive orders and activity by the Department of Government Efficiency (DOGE). Those efforts, along with a recent Office of Management and Budget memorandum, may lead to drastic changes at the US Food and Drug Administration (FDA).

In this episode of Connected With Latham…

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The Trump administration continues to roll back policies on DEI and banking regulation while facing various lawsuits over its personnel, spending, and immigration actions.

This past week, the Trump administration continued to take action on DEI, barring certain DEI-related language from government contracts and closing an office within the EPA. It also rolled back Biden-era proposals to regulate banking and finance. Meanwhile, the administration continues to face litigation challenges in federal court, with judges blocking personnel actions, USAID spending freezes…

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SEC Staff seeking authority to issue subpoenas must now obtain Commission approval.

On March 10, 2025, in a vote that fell along party lines, the Securities and Exchange Commission (SEC or the Commission) issued a rule amendment to rescind the Commission’s 2009 delegation of authority to the Division of Enforcement for the issuances of formal orders of investigation.1 Formal orders of investigation provide the SEC Staff with the authority to issue subpoenas for documents and witness testimony, among certain…

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Under its new acting chairman appointed by President Trump, the FDIC charges ahead with its new agenda by rolling back key Biden-era regulatory efforts.

By Arthur S. Long, Pia Naib, and Deric Behar

On March 3, 2025, the Federal Deposit Insurance Corporation (FDIC) announced that its Board of Directors1 voted to rescind the agency’s 2024 Statement of Policy on Bank Merger Transactions and withdraw four other Biden-era proposals.

The sweeping purge effectuates Acting Chairman Travis Hill’s top…

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The administration continues to advance its agenda via executive orders amid confusion around rollbacks and rescissions.

This week, the Trump administration continued to sign several new executive orders imposing and rolling back new tariffs, and establishing a strategic bitcoin reserve, among others. President Trump also addressed a joint session of Congress on March 4, 2025, for the first time since retaking office. In his speech, the president highlighted the executive orders he has issued and outlined his vision for how…

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The policy statement aims to bring more rapid action on personnel and management decisions and empowers HHS and each of its offices and subagencies to promulgate or rescind certain rules without a period of notice and comment rulemaking.

By Nathan A. Beaton, Jason B. Caron, Eric C. Greig, William A. McConagha, and Elizabeth M. Richards

On March 3, 2025, the Department of Health and Human Services (HHS), under the leadership of Secretary Robert F. Kennedy…