Enforcement

News & Analysis as of

Student Aid Enforcement Unit Formed To Protect Students, Borrowers, And Taxpayers

On February 8, 2016, the Obama Administration’s Department of Education announced the creation of a Student Aid Enforcement Unit to respond more quickly and efficiently to allegations of illegal actions by institutes of...more

Food-Processing Sector May Be U.S. EPA’s Next Enforcement Target

Every three years, the United States Environmental Protection Agency (EPA) sets national enforcement initiatives to focus its civil and criminal enforcement resources on specific environmental issues. On September 15, 2015,...more

EU Safe Harbor Update: No Solution in January?

As we have noted previously, in the wake of the ECJ’s decision that undid the US-EU Safe Harbor, we were told that there would be no enforcement of the EU Directive until after January 31, to allow the US and EU to hammer out...more

"Key Takeaways: Back to Basics - A Primer on the Differences Between Litigating and Arbitrating International Disputes"

Large, transnational corporations increasingly face the question of whether to litigate their disputes in local courts or to include in their agreements provisions providing for the resolution of disputes by alternative means...more

Is New York's Proposal a Harbinger of Things to Come? Certification of BSA/AML Compliance and Personal Liability for Mistaken or...

Why it matters - The New York Department of Financial Services (DFS) may have launched its strongest offensive yet against observed shortcomings in the Bank Secrecy Act and anti-money laundering (BSA/AML) compliance...more

[Webinar] Yates Memo Update—Individual Accountability and Best Practices for Executives: WilmerHale Financial Institutions Webinar...

Join WilmerHale for the kickoff session of the 2016 Financial Institutions Webinar Series, where attorneys will explore recent developments and legal issues affecting financial institutions and providers of financial...more

New Laws Extends Moratorium on CAH Direct Supervision Requirement Enforcement

On December 18, 2015, President Obama signed into law S. 1461, which provides an additional one-year extension (through 2015) of the current enforcement moratorium on supervision requirements for outpatient therapeutic...more

New Year’s Resolutions for California Businesses in 2016

California begins 2016 with a number of new employment laws, ranging from compensation rates for piece-rate employees to permissible uses of the Federal E-Verify system. Employers should familiarize themselves with the...more

Viewpoints - Issue 24 - A Dialogue with Andrew Ceresney

On October 7, 2015, members of the Lead Director Network (LDN) were joined by chief legal officer and general counsel (GC) guests in Washington, DC, for a discussion with Andrew Ceresney, director of the Division of...more

Litigation Update: Firebirds and Island Republics - Commerciality Prevails in Enforcing a Foreign Judgment Against a Foreign State...

The recent decision of the High Court of Australia in Firebird Global Master Fund II Ltd v Republic of Nauru [2015] HCA 43 brings the Australian approach to enforcement of foreign judgments against assets of a foreign State...more

[Webinar] 2016 OIG Work Plan: Focus on Compliance - Dec. 10th, 12:00pm ET

This webinar will include an overview of OIG’s new and ongoing areas of focus related to hospitals and physicians. The focus of the discussion will be the practical impact of these key enforcement priorities on planning and...more

There’s More Enforcement Overlap Between Federal OSHA and State Plans Than You Think

One of the fascinating things about an OSHA citation defense practice is the distinctions you see in prosecution by Federal OSHA versus state plans. It is very unusual in the legal world to have the same laws enforced by...more

[Webinar] Corruption and Third Parties: Top Ways to Mitigate Risks - Dec. 1st, 12:00pm EST (3:00pm Brazil)

New laws, increased enforcement and broadened liability increase the urgency for companies working in Brazil to put processes in place to prevent corruption within their own organizations and among their business partners....more

Final Competition and Compliance Framework Bulletin Released By Competition Bureau

On November 10, 2015, the Competition Bureau (Bureau) released the final version of the Competition and Compliance Framework bulletin following a period of public comment on the draft released in May 2015. This bulletin...more

Director of SEC’s Enforcement Division Speaks About Market Structure Enforcement

On November 2, Andrew Ceresney, the director of the Securities and Exchange Commission’s Enforcement Division (Division), gave a speech highlighting the sweeping changes that have occurred in equity market structure over the...more

Trojan Horse In The 2015 Budget Agreement: OSHA Can (And Undoubtedly Will) Raise Penalties By 82 Percent

Wow! How did this happen? Buried in the fine print of the recent budget agreement between Congress and the White House, and seemingly slipped in at the last minute with no one claiming responsibility for the change, the...more

Our Modern Markets: SEC Enforcement Focuses On Market Structure In Response To Rapidly-Changing Equity Markets

On Monday, November 2, 2015, Andrew Ceresney, Director of the SEC’s Division of Enforcement, gave a speech at the SIFMA Compliance & Legal Society New York Regional Seminar in which he sought to address what he views as the...more

The FAA (Re)Acts: Drone Registration, a Federal Task Force, and Hefty Fines

On October 19, 2015, U.S. Transportation Secretary Anthony Foxx and Federal Aviation Administration (FAA) Administrator Michael Huerta announced a plan to require unmanned aircraft vehicle (UAV or “drone”) users to register...more

SEC Director of the Division of Enforcement Discusses Market Structure Enforcement

On November 2, 2015, the Director of the SEC Division of Enforcement Andrew Ceresney spoke at the “SIFMA Compliance & Legal Society New York Regional Seminar” and outlined the SEC’s enforcement priorities with respect to...more

Anti-Corruption: Why Programs Fail

Today, companies around the world face daily challenges associated with corruption. This risk coupled with new laws and heightened enforcement are just a few of the factors driving companies to implement and improve...more

CFPB Adopts New Rule Expanding Reporting Requirements under HMDA

On October 15, 2015, the Consumer Financial Protection Bureau (CFPB) released a final rule that expands the scope of mandatory reporting under the Home Mortgage Disclosure Act (HMDA). The new rule, which will be implemented...more

Performance Review Time: Congress Requests GAO Audit of Enforcement Bureau Management

Members of the House Subcommittee on Communications and Technology (Committee) issued a letter late last week requesting that the Government Accountability Office (GAO) conduct an audit of the FCC’s Enforcement Bureau...more

EU Round-UP: Safe Harbor 2.0 and Upcoming National Challenges

EU Commissioner Vera Jourova recently announced in a speech to the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) that the Commission and the US have made substantial progress in finalizing a...more

European Union and United States Agree in Principle on New Safe Harbor Framework

On Monday, October 26, European Union Justice Commissioner Vera Jourová delivered a speech before the European Parliament in which she noted that the European Union and the United States had agreed “in principle” on a new...more

Catastrophic Accident Resulted in a Workplace Fatality — Does Not Automatically Mean There Was an OSHA Violation

The Occupational Safety and Health Administration (OSHA) is charged with enforcing the Occupational Safety and Health Act (OSHA Act), and its various regulations intended to keep employees safe in their workplaces. Failure to...more

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