Enforcement

News & Analysis as of

EPA Enforcement Initiatives Renew and Expand Industrial Target Priorities

EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more

State AGs Upping the Ante on Health (and Other) Information Data Incidents – Expect Increased Enforcement Actions

State attorneys general (AGs) continue to emerge as major regulators of privacy, and increasingly, with respect to compromises of health-related data. Businesses concerned with U.S. customer or employee data have long...more

[Webinar] Hot Topics in Anti-Corruption Enforcement and Compliance - April 22nd, 12:00pm, EDT

The Center for Responsible Enterprise And Trade (CREATe.org) and Transparency International-USA (TI-USA), cordially invite you to join us for a briefing to discuss hot topics in international anti-corruption compliance and...more

U.S. Senate Passes Bill Creating A Civil Cause Action in Federal Court for Trade Secret Misappropriation

The U.S. Senate passed on a unanimous 87-0 vote the Defend Trade Secrets Act of 2016 late Monday. The bill will create a civil cause of action in federal court for trade secret misappropriation and provide remedies that...more

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2015] EWCA Civ 1144

The latest judgment in this long-running and complicated saga was handed down by the Court of Appeal on 10 November 2015. In 2004, a Nigerian-seated arbitral tribunal awarded IPCO approximately US$152 million....more

DIFC Court confirmed as a ‘Conduit’ Jurisdiction for Enforcement

Executive Summary - In the DIFC Court of Appeal’s recent decision DNB Bank ASA v. Gulf Eyadeh [CA-007-2015], the DIFC court has confirmed its availability as a so-called ‘conduit’ jurisdiction. Parties may opt to enforce...more

Health Care Fraud and Abuse Enforcement Priorities in Minnesota

United States Attorney for the District of Minnesota, Andrew Luger, spoke at a public event on March 3, 2016, at Mitchell-Hamline School of Law on the topic of health care fraud & abuse enforcement priorities in Minnesota....more

Fighting Cyberflight of Domain Names: ICANN Seeks Enforcement of New UDRP Rules

In what appears to be a first, the Internet Corporation for Assigned Names and Numbers (“ICANN”), the organization responsible for maintenance of domain names and IP addresses, has sent a notice of non-compliance to a...more

CFPB No-Action Letters Are No Help

In the age of handheld banking apps, private funds transfer systems, and digital currencies, ensuring that new products are fair to consumers and compliant with existing – and sometime archaic – regulations are difficult...more

Better Late Than Never? DOL Sues U.S. Steel Over Injury-Reporting Policy

The U.S. Department of Labor recently filed suit against United States Steel Corporation, alleging that the company's injury-reporting policy violates §11(c) of the Occupational Safety and Health Act. The suit claims that the...more

SEC Enforcement Lays out Approach to Cybersecurity Cases

If you’ve ever attended the annual SEC Speaks conference, you know that the official program is an intensely uninteresting collection of short speeches by SEC officials who don’t have a lot of incentives to say groundbreaking...more

Risky Business: EPA Plans Enhanced Enforcement Focus on Chemical Safety

EPA has made reducing the risk of accidental releases of hazardous chemicals at industrial and chemical facilities one of its top enforcement priorities for 2017 to 2019. This increased enforcement focus on industrial...more

Mixed Enforcement Messages (and What’s in a Name?)

Not long ago I wrote about a speech by Andrew Ceresney, Director of the SEC’s Division of Enforcement, at the Directors Forum 2016 in San Diego. In his speech, Mr. Ceresney made a point of noting the SEC’s continuing...more

Department of Education Creates Student Aid Enforcement Unit

The U.S. Department of Education is creating a Student Aid Enforcement Unit to respond to allegations of illegal actions by higher education institutions. The announcement closely follows the Department's and Federal Trade...more

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

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