News & Analysis as of

Enforcement Authority

Hudson Cook, LLP

FTC Expands Creative Use of Gramm-Leach-Bliley Act to Recover Consumer Redress from Defendants

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In 2021, the U.S. Supreme Court held unanimously in AMG Capital Management, LLC v. Federal Trade Commission that the Federal Trade Commission is not entitled to consumer redress in cases brought under Section 13(b) of the FTC...more

Jones Day

D.C. Circuit Allows Challenge to Counsel's Authority to Enforce International Arbitration Award

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The D.C. Circuit has approved a backdoor challenge to the validity of an international arbitration award, finding that a challenge to counsel's authority to enforce an award can never be forfeited....more

Foley & Lardner LLP

Down But Not Out: Federal Court Curbs SEC Cybersecurity Enforcement Authority

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In a stinging rebuke of its attempted cybersecurity-related enforcement against a public company, a federal judge recently dismissed most of the charges that the U.S. Securities and Exchange Commission (SEC) had filed against...more

Baker Donelson

August 1 Deadline for Title IX Regulations Has Arrived Amidst Pending Litigation and Continuing Confusion

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The Department of Education's 2024 Title IX regulations became effective August 1, 2024, but only in about half of the states. Because of the pending litigation and preliminary injunctions issued by various courts across the...more

BakerHostetler

The Future for Healthcare Is So Loper Bright, I Gotta Wear Shades

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On June 28, in Loper Bright Enterprises v. Raimondo (Loper Bright), the U.S. Supreme Court overturned the doctrine of Chevron deference, upending 40 years of precedent and significantly shifting power to the courts to...more

Holland & Knight LLP

Court in SolarWinds Case Blows Down SEC's Cyber Enforcement Authority

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The U.S. District Court for the Southern District of New York on July 18, 2024, dismissed most of the SEC's landmark cyber enforcement litigation against SolarWinds Corp. (SolarWinds or the Company) and the Company's Chief...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Different School of Thought, Part III: New Title IX Regulations Now Blocked by Four Courts, Affecting 15 States

On July 2 and July 11, 2024, two more federal courts issued preliminary injunctions preventing enforcement of the U.S. Department of Education’s new Title IX regulations, scheduled to go into effect on August 1, 2024....more

Latham & Watkins LLP

OCC Proposes Updates to Large Bank Recovery Planning Guidelines

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OCC-supervised institutions with $100 billion or more in average total consolidated assets must be adequately prepared to mitigate severe financial and non-financial risks. ...more

Goodwin

U.S. Supreme Court Significantly Curtails SEC Enforcement Forum Discretion

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On June 27, 2024, the United States Supreme Court issued a much-anticipated decision in Securities and Exchange Commission v. Jarkesy, holding that parties subject to an enforcement action brought by the U.S. Securities and...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Decision in SEC v. Jarkesy Limits the SEC’s Ability to Seek Civil Penalties

On June 26, 2024, the Supreme Court issued a decision in SEC v. Jarkesy, holding that “[w]hen the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury...more

Fenwick & West LLP

Crypto Litigation & Enforcement: H1 2024  - Key Takeaways and Updates

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The beginning of this year brought several legal milestones in the world of crypto litigation and enforcement. In the first live installment of our quarterly update webinar, we discussed how...more

Venable LLP

The Loper Bright Impact: Agency Action Likely to Face More Scrutiny in Light of the Supreme Court’s Disposal of Chevron Deference

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These days, it seems like there are three guarantees in life—death, taxes, and monumental Supreme Court administrative law opinions in the summer. As you’ve probably heard by now, the trend continues this year, including...more

BakerHostetler

The Chevron Decision Will Create Some Challenges for FTC Law Enforcement and Rulemaking

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It was certainly a memorable final week for the Supreme Court this term. There has been quite a lot to digest, and the impact and implications are broad and significant. But for now, let’s look through a narrow lens and focus...more

Latham & Watkins LLP

HKIAC’s 2024 Administered Arbitration Rules Come Into Force

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The 2024 Rules significantly improve Hong Kong’s arbitration framework, aiming to increase the efficiency of proceedings and clarify the tribunal’s powers. The Hong Kong International Arbitration Centre’s (HKIAC’s) newly...more

Seward & Kissel LLP

SCOTUS Holds that Defendants in SEC Enforcement Actions Seeking Civil Penalties are Entitled to Jury Trial

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The U.S. Supreme Court recently held in SEC v. Jarkesy that the Seventh Amendment gives defendants the right to a jury trial in federal court in SEC enforcement actions seeking civil penalties for violations of the antifraud...more

Latham & Watkins LLP

10 Key Takeaways Developments in International Cartel Enforcement and Observations From Workshop

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Latham’s Antitrust & Competition Practice provides insight on the current state of enforcement, including more expansive views of what constitutes a cartel, enhanced detection tools, and what to expect next....more

Fenwick & West LLP

Does Your AI Chatbot 'Hallucinate'? Beware.

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The FTC Act grants the Federal Trade Commission (FTC) significant authority to create tailored rules and guidance protecting consumers across various aspects including advertising and privacy. When it comes to AI chatbots...more

Mayer Brown Free Writings + Perspectives

Supreme Court Holds That SEC In-House Courts Cannot Adjudicate Enforcement Actions Seeking Civil Penalties For Securities Fraud...

SEC v. Jarkesy, No. 22-859 - Introduction: In a decision with significant, wide-ranging consequences for federal agency enforcement authority, the Supreme Court today held that the Seventh Amendment bars the Securities and...more

Goodwin

Federal Judge Vacates Health and Human Services Pixel Tracking Guidance

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On June 20, 2024, a Texas federal judge ruled that guidance published by the Department of Health and Human Services (the Department) prohibiting covered entities from disclosing information collected by third-party...more

Benesch

Supreme Court Requires Jury in SEC Enforcement Proceedings

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Case could signal broad jury rights for defendants in administrative enforcement actions. The Supreme Court struck a major blow to Securities and Exchange Commission enforcement proceedings Thursday, ruling that the...more

Dorsey & Whitney LLP

The Supreme Court Update - June 27, 2024

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The Supreme Court of the United States issued four decisions today: Moyle v. United States; Idaho v. United States, Nos. 23-726, 23-727: After granting certioriari to decide whether the Emergency Medical Treatment and...more

Pillsbury - Internet & Social Media Law Blog

The UK Introduces Tougher Penalties for Consumer Protection Breaches

In May 2024 the UK passed the new Digital Markets, Competition and Consumers Act (DMCC). Amongst other changes, the DMCC grants the UK Competition and Markets Authority (CMA) new powers to directly impose fines of up to 10%...more

BakerHostetler

The Protecting Americans’ Data from Foreign Adversaries Act - What Digital Advertisers, Publishers and Ad Platforms Need To Know

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The Protecting Americans’ Data from Foreign Adversaries Act (PADFA or the Act) was signed into law by President Joe Biden on April 24 as part of a larger foreign aid appropriations bill. Although other portions of the...more

Dorsey & Whitney LLP

Legislature Expands the MPCA’s Enforcement Authorities

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In the 2024 Minnesota legislative session, the Legislature granted the Minnesota Pollution Control Agency (MPCA) expanded enforcement powers (Enforcement Legislation or Legislation), including clarified powers to shut down...more

K&L Gates LLP

Litigation Minute: State Statutes and the Private Right of Action (Generative AI Series: Part Two of Three)

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What You Need To Know In A Minute Or Less - Class action litigation challenging generative artificial intelligence (AI) has rapidly become a familiar feature of the legal landscape. While early, headline-grabbing complaints...more

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