News & Analysis as of

Enforcement Authority

A Last Hurrah - David Green CB QC’s Final Appearance Before the Justice Committee

by WilmerHale on

On 13 December 2017, the Justice Committee held an evidence session on the work of the Serious Fraud Office (“SFO”). In his last scheduled appearance before the Justice Committee, David Green CB QC—Director of the...more

Blockchain, Virtual Currencies and the Regulators

by Dorsey & Whitney LLP on

The public interest in anything relating to virtual currencies, blockchain technology or bitcoin is not just very high bit reaching near hysteria. For example, the Long Island Iced Tea Corporation saw its share price jump as...more

Massachusetts Securities Regulator Announces “Aggressive Policing” of Cryptocurrency Firms

by Goodwin on

On December 15, 2017, Massachusetts Secretary of State William Galvin announced that his office’s Securities Division (“MSD”) would begin “aggressive policing” of cryptocurrency sales in Massachusetts. The MSD regulates the...more

New Global Magnitsky Sanctions expand anti-corruption enforcement authority

by Dentons on

On December 20, 2017, US President Donald Trump signed Executive Order 13818, implementing sanctions under the 2016 Global Magnitsky Human Rights Accountability Act ("Global Magnitsky Act"). Expanding on the similarly-named...more

When Closing is Just the Beginning: Antitrust Authorities Unwinding Closed Transactions

by Goodwin on

In the last several months the United States’ federal antitrust enforcement authorities, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ), have challenged and sought to unwind...more

Update: Creation of the National Economic Crime Centre

by WilmerHale on

On 11 December 2017 the Government announced the creation of the National Economic Crime Centre (NECC). The NECC will be based within the National Crime Agency (NCA) and will act as a multi-agency organisation, tasked with...more

Democratic Senators introduce bill to increase state AG oversight of national banks

by Ballard Spahr LLP on

Democratic Senator Dianne Feinstein announced that she and three other Democratic Senators have introduced a bill, the “Accountability for Wall Street Executives Act of 2017,” that would allow state attorneys general to issue...more

Back to Basics – EPA Enforcement 

by Stoel Rives LLP on

I have been an enforcement professional my whole career. First as a government enforcement attorney; and now (for almost 25 years) as an enforcement defense lawyer. Some of the things that once made me a proud government...more

UK Government Announces National Economic Crime Centre

by Ropes & Gray LLP on

The UK Home Secretary, Amber Rudd, announced earlier this week that the UK Government plans to set up a new National Economic Crime Centre (NECC) to be hosted within the UK’s National Crime Agency (NCA). The focus of the NECC...more

Democratic state AGs threaten aggressive use of enforcement authority in letter to President Trump

by Ballard Spahr LLP on

The Democratic attorneys general of 15 states and the District of Columbia have sent a letter to President Trump in which they express their support for the CFPB’s consumer protection mission and criticize the President’s...more

Bank Of Tokyo Mitsubishi Sues DFS And Alleges That DFS Has No Investigatory Or Enforcement Authority Over It Since It Is Now...

by Shearman & Sterling LLP on

On November 7, 2017, in the midst of a pending examination by, and implementation of previously agreed upon consent orders with, the New York State Department of Financial Services (“DFS”), the Bank of Tokyo Mitsubishi UFJ...more

Bank of England Consults on Procedures for Decision Making in Contested Enforcement Cases

by Shearman & Sterling LLP on

Following positive feedback to its consultation in 2016 on the establishment of an Enforcement Decision Making Committee, the Bank of England has published a consultation on the detailed statement of procedure and the...more

UK Central Securities Depositaries Regulations 2017 Published

by Shearman & Sterling LLP on

HM Treasury has published the Central Securities Depositories Regulations 2017, together with an explanatory memorandum. The Regulations implement, in part, certain Articles of the EU Central Securities Depositaries...more

China Strengthens Regulation of Pesticides and Creates Centralized Pesticide Bureau

by Latham & Watkins LLP on

China, the world’s largest producer and consumer of pesticides, is strengthening its regulation of agrochemicals. The Ministry of Agriculture (MOA) recently issued revisions to the country’s pesticide registration...more

The UK’s Data Protection Authority goes myth-busting: fining powers; consent; the "misconception" that the GDPR is an unnecessary...

by Ropes & Gray LLP on

The UK’s Information Commissioner’s Office has published a series of blog pieces to “bust some myths” about the General Data Protection Regulation, which comes into effect on 25 May 2018. According to the Information...more

New California Law Restricts Employers From Giving Access to Immigration Agents

On October 5, 2017, Governor Brown signed Assembly bill (AB) 450, which will prohibit employers, under some circumstances, from providing consent to immigration agents to enter certain areas of the workplace. The law will go...more

CFTC’s Enforcement Division Announces New Focus on Self-Reporting

Upon discovering a potential violation, a company is often faced with the dilemma of whether to self-report the incident to its regulator or attempt to deal with the incident through exclusively internal means. On September...more

The Fifth Circuit Restricts BSEE's Enforcement Authority Over Offshore Contractors in the Gulf of Mexico

On Wednesday, September 27, the US Court of Appeals for the Fifth Circuit issued an important decision in United States vs. Moss, No. 16-30561 that limits the authority of the federal government to bring enforcement actions...more

CFTC’s Updated Enforcement Advisory Attempts To Shift Incentives In Favor Of Self-Reporting And Full Cooperation

On September 25, 2017, the Division of Enforcement (Division) of the US Commodity Futures Trading Commission (Commission) issued an “Updated Advisory On Self Reporting And Full Cooperation.” The Enforcement Advisory was...more

California Court Weighs in on the FTC’s Data Security Enforcement Authority

This week, a District Court in Northern California weighed in on the U.S. Federal Trade Commission’s (FTC) authority to protect consumers from “unfair” and “deceptive” data security practices. The decision, which granted in...more

Global regulatory trends to watch in the year ahead

by Dentons on

The risk of corruption to Australian businesses is increasing at an alarming rate. It was recently reported that in the last five years, one in five Australian organisations have detected an incident of bribery affecting...more

UK Government Sets Forth Approach for GDPR

by Ropes & Gray LLP on

With its “Statement of Intent” published on 7 August 2017, the UK Government has taken the first step in the process of cementing the General Data Protection Regulation into UK law. In the statement, entitled “A New Data...more

Texas Federal Judge Upholds CFPB’s Investigative Authority in Denying Stay Pending Appeal of CFPB CID Dispute

by Dorsey & Whitney LLP on

Burgeoning federal enforcement efforts relating to the consumer data and credit reporting industry have led to another key legal development: a federal court in Dallas ruled in favor of the Consumer Financial Protection...more

UK to Study Brexit’s Impact on Competition Law

On 23 July 2017, the UK House of Lords’ EU Internal Market Sub-Committee launched an inquiry into the future of the enforcement of the UK’s competition rules once the UK leaves the European Union. Interested parties are...more

US Banking Agencies Provide Temporary Relief Under the Volcker Rule to Foreign Banks With Respect to Certain Foreign Private...

by Shearman & Sterling LLP on

The US federal banking agencies with responsibility for enforcing the Volcker Rule have issued temporary one year no-action relief with respect to certain private non-US investment funds that are not “covered funds” for...more

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Cybersecurity

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