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Supreme Court Expands Window to Challenge Federal Regulations Under APA

Plaintiffs not initially affected by a regulation may now bring an Administrative Procedure Act ("APA") challenge to the regulation up to six years after they are first affected....more

Fifth Circuit Vacates SEC Private Fund Adviser Rules

The U.S. Court of Appeals for the Fifth Circuit held that the new SEC regulation of private fund advisers exceeded the agency's statutory authority....more

DOJ's Immigration-Employment Program Faces Headwinds Amidst Milestone Settlement

Two recent developments involving the U.S. Department of Justice's Civil Rights Division ("DOJ") highlight potential risks and opportunities for companies facing immigration-related employment matters....more

CFPB Seeks to Expand Regulatory Powers Over Consumer Payment Tech Entities

On November 7, 2023, the Consumer Financial Protection Bureau ("CFPB") issued a proposed rule that would grant it supervisory authority over major nonbank technology companies in the consumer digital payments space....more

CFPB Guidance Puts Creditors on Notice About AI-Involved Adverse Actions

Recent Consumer Financial Protection Bureau ("CFPB") guidance reiterates that creditors must provide consumers with accurate and individualized explanations for adverse actions—a task made more difficult by the complexity of...more

Federal Court Rejects CFPB's Novel Use of "Unfair, Deceptive, or Abusive Acts or Practices" Authority

Ruling concludes "unfairness" authority under the Dodd-Frank Act does not cover discrimination. On September 8, 2023, a federal district court rejected the Consumer Financial Protection Bureau's ("CFPB") interpretation...more

AI at Work: Navigating the Legal Landscape of Automated Decision-Making Tools in Employment

Federal and state regulators are increasingly focusing their attention on artificial intelligence (“AI”) tools, including the use of automated decision-making tools in employment. This White Paper explores current uses of AI...more

JONES DAY TALKS®: Implementing AI: Fair Lending, Fair Housing, and Regulatory Trends [Audio]

As its potential uses soar, Artificial Intelligence (AI) continues to attract the attention of multiple regulatory agencies. A recent high-profile U.S. Senate hearing made it clear that the use of AI must be consistent with...more

Senate Hearings Signal Bipartisan Drive for AI Regulation

In Short - The Situation: Rapid advances in generative artificial intelligence ("AI") have galvanized bipartisan support for a new U.S. legal framework to regulate AI, potentially including creation of a new federal...more

U.S. Supreme Court Paves the Way for Challenging Agencies' Structure in Federal District Court

The U.S. Supreme Court holds that district courts have jurisdiction to hear constitutional challenges to the structure of Federal Trade Commission ("FTC") and Securities and Exchange Commission ("SEC") administrative...more

Rising Global Regulation for Artificial Intelligence

Across multiple continents and industries, artificial intelligence ("AI") is a topic of intense focus by governments, research institutions, investors, and corporations—from start-ups to well-established industry players. As...more

JONES DAY PRESENTS®: Section 230: A Springboard to a First Amendment Discussion [Video]

Jones Day's Alexander Maugeri explains Section 230 of the Communications Decency Act, how it potentially affects content on the internet, and why possible reforms must be balanced with free speech...more

Fifth Circuit Finds SEC Administrative Proceedings Unconstitutional

On May 18, 2022, the Court of Appeals for the Fifth Circuit ruled that key aspects of the SEC's in-house enforcement regime for securities fraud cases were unconstitutional. The decision, Jarkesy v. SEC, has significant...more

DOJ Rescinds Limits on the Use of Agencies' Guidance Documents in Civil Enforcement Actions

A recent action by the Department of Justice ("DOJ") rescinds two prior policies (commonly referred to as the Brand Memo and the Sessions Memo) that had established limits on the federal government's use of agency guidance...more

SEC Approves New Board Diversity Disclosure Requirements for Nasdaq-Listed Companies

The Board Diversity Proposal generally requires each Nasdaq-listed company "to have, or explain why it does not have, at least two members of its board of directors who are Diverse," defined as at least one director who...more

"Caging the Green Swan"—A Global Take on ESG Risk Management

Intensifying demands from regulators, investors, and the public for attention to environmental, social, and governance ("ESG") considerations presents a key challenge for risk managers, particularly those in the financial...more

White House Instructs Agencies to Analyze and Mitigate "Climate-Related Financial Risk"

Executive Order directs whole-of-government approach and broad regulatory effort. On May 20, 2021, President Biden issued an Executive Order ("Order") directing agencies to analyze and mitigate "climate-related financial...more

White House Seeks to Raise Minimum Wage for Federal Contractors

The Situation: President Biden signed an executive order ("Minimum Wage EO" or "EO") seeking to raise the federal minimum wage for government contractor employees, beyond the statutory minimum wage provided by Congress, to...more

D.C. Circuit Puts Longstanding Defense to Employment Discrimination Claims In Doubt

D.C. Circuit calls for broadening the scope of Title VII's antidiscrimination provision. On February 19, 2021, a panel of the U.S. Court of Appeals for the D.C. Circuit urged the full court to change the standards that...more

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