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Attorney General Rulemaking Process

Ballard Spahr LLP

California AG Releases Proposed CCPA Regulations

Ballard Spahr LLP on

The California Attorney General’s Office released its long-awaited proposed CCPA Regulations yesterday.  The proposed Regulations are 24 pages long, and address a number of important technical compliance issues including...more

Ballard Spahr LLP

CFPB to look to state AGs for more leadership in enforcement arena

Ballard Spahr LLP on

In remarks yesterday at the winter meeting of the National Association of Attorneys General in Washington, D.C., Mick Mulvaney indicated that the CFPB will be looking to state attorneys general for “much more collaboration...more

McDermott Will & Emery

Guidance on Guidance: DOJ Limits Use of Agency Guidance Documents in Civil Enforcement Cases

McDermott Will & Emery on

In a two-page memorandum, the US Department of Justice (DOJ) announced a broad policy statement prohibiting the use of agency guidance documents as the basis for proving legal violations in civil enforcement actions,...more

Sheppard Mullin Richter & Hampton LLP

“Brand Memo” Prohibits US DOJ From Converting Agency Guidance Into Binding Legal Obligations In Civil Enforcement Actions

On January 25, 2018, Associate Attorney General Rachel Brand issued a memorandum (the “Brand Memo”) limiting the use of agency guidance documents in affirmative civil enforcement cases. The memorandum builds on Attorney...more

Holland & Knight LLP

DOJ Issues Memorandum Precluding Reliance on Agency Guidance in Enforcement Cases

Holland & Knight LLP on

On Jan. 25, 2018, the Associate Attorney General issued a memorandum limiting use of agency guidance documents in affirmative civil enforcement cases brought by the U.S. Department of Justice (DOJ). In a move which could have...more

Foley Hoag LLP - Environmental Law

AG Sessions Speaks. No More Guidance. Make It So.

Last week, Attorney General Sessions sent a memorandum prohibiting the use of guidance in place of notice and comment rulemaking “when purporting to create rights or obligations binding on members of the public or the...more

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