The Issue: Federal agencies have issued subregulatory guidance affecting every industry during the COVID-19 pandemic.
The Situation: The federal government has issued executive orders and memoranda on the proper role of...more
The President issued an executive order directing agencies to address the economic impact of COVID-19 by eliminating regulations, providing reopening guidance to businesses, and recognizing that regulatory compliance can be...more
This action implements a portion of the President's recent Executive Order 13891, "Promoting The Rule Of Law Through Improved Agency Guidance Documents." In that executive order, the President directed agencies to review...more
Jones Day partners Donald F. McGahn II and Brett A. Shumate discuss the myriad of litigation, investigatory, reputational, and political risks awaiting businesses as they consider reopening during the pandemic. In this...more
5/13/2020
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Defense Production Act ,
Health and Safety ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Re-Opening Guidelines ,
Regulatory Oversight ,
Standard of Care ,
State and Local Government ,
Supply Chain ,
Trump Administration
This action implements a portion of the President's recent Executive Order 13892, "Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication." In that Executive Order,...more
The Situation: A U.S. District Court vacated a $2 million penalty imposed by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") against Exxon Mobil Corporation ("Exxon") because OFAC failed to...more
2/20/2020
/ Due Process ,
Executive Orders ,
Exxon Mobil ,
Fair Notice ,
Fifth Amendment ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Agenda ,
Sanction Violations ,
SDN List ,
Trump Administration ,
Vacated
The president issued two executive orders limiting federal agencies' ability to use guidance documents for policymaking and enforcement and promoting transparency and fairness in civil enforcement matters....more
10/15/2019
/ Administrative Agencies ,
Administrative Proceedings ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Fairness Standard ,
New Guidance ,
Regulatory Agencies ,
Regulatory Reform ,
Standard of Conduct ,
Transparency ,
Trump Administration