Enforcement

News & Analysis as of

On the Seventh Day of Privacy, federal agencies gave to me…..

Questions of Authority – who will be the federal regulatory cop on the privacy beat? FTC? FCC? Privacy, Data Security Jurisdiction Questions to the Forefront in 2015 - As privacy and data security gain more visibility...more

Hong Kong Regulatory Update - December 2014

This Hong Kong regulatory update is intended to provide a brief overview of the principal Hong Kong regulatory developments in the preceding three months relevant to companies listed or proposed to be listed on The Stock...more

FTC Commissioner Brill Urges Congress to Act on Patent Trolls

In a speech at the American Antitrust Association (AAI) and Computer & Communications Industry Association (CCIA) Conference on Innovation, Patents and PAEs on December 10, 2014, Federal Trade Commissioner (FTC) Julie Brill...more

Bolt-on Acquisitions Risk Exposure to Surge of CMA Interim Enforcement Orders

The advent of the UK’s new Competition and Markets Authority (CMA) has resulted in a surge of interim enforcement orders (IEOs). IEOs typically require a standstill in relation to acquired businesses, and prevent purchasers...more

Court Uses Cartoon to “Illustrate” Duty of Candor for Counsel

In Employers Insurance of Wausau v. McGraw-Edison Co., the Honorable Robert J. Jonker literally illustrated his confusion (and frustration) with counsel for one of the parties by starting an order with the following...more

An Update on FAA Regulatory Revisions, DOT and FAA Enforcement Actions, and Other Aviation-Related Regulatory Matters

This edition of the Cozen O’Connor Aviation Regulatory Update provides an overview of recent FAA regulatory initiatives involving crew pairing, alcohol and drug testing rates, the use of aviation fuel taxes by airports and...more

Advice on Medical Marijuana for Lawyers in Pennsylvania

The Controlled Substances Act, 21 U.S.C. Section 811 et. seq. (CSA), enacted in 1970, provides that marijuana is a "Schedule I" drug because, in the words of the CSA, it has a "high potential for abuse," "no currently...more

The Nobel Prize and FCPA Enforcement Going Forward

One hundred and 13 years ago on this date, the first Nobel Prizes were awarded in Stockholm, Sweden, in the fields of physics, chemistry, medicine, literature, and peace. The ceremony came on the fifth anniversary of the...more

Attacking the Money-Laundering Problem in Mexico

According to the Los Angeles Times, Mexican officials have estimated the amount of laundered money in the Mexican economy at $50 billion annually—three percent of the legitimate Mexican economy. The CIA World Fact Book...more

Kickbacks and Bribery

Companies can become hyper-focused on anti-bribery compliance. It is easy to do – just look on the Internet, Twitter and Linked In. There are plenty of groups, hash tags, postings and discussions on anti-corruption issues....more

Best in Law: What Businesses Need to Know on Antitrust Law

There is a saying among antitrust lawyers: Don’t say you “won” an antitrust lawsuit — just by being in one means you lost. Business litigation is almost always expensive and challenging. Antitrust litigation can be several...more

Commission publishes Private Antitrust Damages Directive

On 5 December 2014 the Commission’s Directive on rules governing actions for damages for infringements of competition law (the Damages Directive) was published. Member States will now have two years plus twenty days (until...more

State AGs Looking to Crack Down on Telemarketers Press FCC and FTC

A majority of the nation’s state and territorial Attorneys General have collectively urged the Federal Communications Commission and Federal Trade Commission to revisit rules and policies in ways that would help law...more

Heightened Supervision of Branch Offices — Tips for the Coming Year

In recent years, the Securities and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA) have heightened their expectations of what constitutes a “comprehensive” branch self-inspection program. Firms...more

2014 Proskauer Hedge Funds and Other Private Funds Annual Review

This year we saw a flurry of regulatory activity targeting investment advisers and hedge funds, private equity funds and other private funds (collectively, private funds). The following annual review is a summary of some of...more

North of the 49th: Recent Developments in Canadian Anti-Corruption Enforcement

Ed. Note-I recently ask John Boscariol a partner at McCarthy Tétrault LLP if he could provide an update of anti-corruption comings and goings from North of the Border. John graciously responded with information which is...more

Privacy Politics at IAPP, Brussels!

The recent IAPP Congress in Brussels provided a platform to bring out the “big guns” on privacy. Needless to say, the said “big guns” did not always agree with each other. Here is our “30,000 feet” view of their privacy...more

FCPA Compliance and Ethics Report-Episode 110-interview with Jonathan Armstrong [Video]

In this episode I visit with Jonathan Armstrong a partner in Cordery in London. He visits with me about his new firm, the equity investment of Lexis/Nexis in his firm and some of the trends he sees in cross-border...more

Expect the Best, Prepare for the Worst: OSHA Enforcement Looms Over Black Friday

“Black Friday” is the day after Thanksgiving and considered by many to be the start of the holiday shopping season. In recent times, the term “Black Friday” has been associated with the concept that retailers’ shift from...more

2014 FERC Enforcement Report Emphasizes Internal Compliance Procedures, Self-Reporting, and Importance of Cooperation

The Federal Energy Regulatory Commission’s (FERC) Office of Enforcement (Enforcement) 2014 Report on Enforcement (Report), issued on November 20, 2014, provides an overview of and statistics regarding FERC’s enforcement...more

November 2014: White Collar Litigation Update

The Future of the Department of Justice’s High Visibility Offshore Tax Evasion Initiative. On August 29, 2013, the U.S. Department of Justice (“DOJ”) Tax Division announced the Program for Non-Prosecution Agreements...more

Managing a FERC audit

What happens when the Federal Energy Regulatory Commission audits a public utility? The Federal Energy Regulatory Commission has jurisdiction over interstate transmission of electricity, natural gas, and oil, as well...more

DOJ Requires Compliance with Voluntary Guidance for Website Accessibility - Website Operators: Be Aware of Efforts to Expand Legal...

The Department of Justice (DOJ) has announced a compliance review and subsequent settlement agreement with Ahold U.S.A. Inc. and Peapod, LLC – the owner and operator of peapod.com, an online grocery shopping website. The...more

OSHA Updates Reporting and Recordkeeping Rule

In the September 18, 2014 Federal Register, the Occupational Safety and Health Administration (“OSHA”) published revisions to 29 CFR Part 1904 with respect to updated reporting and recordkeeping requirements. Employers...more

Major Immigration Changes

On Thursday evening, November 20, 2014, President Obama summarized his Immigration Accountability Executive Actions. This will signal the beginning of contentious political debate that should go on for at least the next few...more

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