News & Analysis as of

Enforcement Authority

At the Intersection of Pollution and Poverty, California Attorney General Establishes Bureau of Environmental Justice, and...

On February 22, 2018, California Attorney General Xavier Becerra announced that the Department of Justice is opening an environmental justice office within the Environment Section: the Bureau of Environmental Justice...more

DOJ to Apply FCPA Corporate Enforcement Policy as "Nonbinding Guidance" to Other Crimes

by Bryan Cave on

DOJ’s Acting Head of the Criminal Division, John Cronan, announced publicly that the FCPA Corporate Enforcement Policy, which is now part of the U.S. Attorney’s Manual and is considered formal guidance for FCPA cases, would...more

UK Courts and Regulator Ratcheting Up Privacy and Data Protection Enforcement

by Dorsey & Whitney LLP on

Three recent cases demonstrate that data privacy enforcement is on the rise in the United Kingdom. These and similar cases signal a new direction in enforcement action suggesting higher penalties, more frequent prosecutions...more

President Trump’s FTC Commissioner Nominees Signal Willingness for Greater Data Security Enforcement Authority

by Ropes & Gray LLP on

On February 28, 2018, President Trump’s four nominees to head the Federal Trade Commission (the “FTC”) advanced to the Senate for confirmation and now appear poised to assume leadership of an agency grappling with its data...more

ACCC’s 2018 enforcement priorities: what you need to know

by Dentons on

The ACCC has released its 2018 enforcement priorities. Industries targeted should review their compliance strategies and think about how they would respond to a regulatory enquiry....more

CFPB’s Strategic Plan Reflects New Path

Last week, the CFPB issued its Strategic Plan for Fiscal Years 2018-2022. The Plan reflects Acting Director Mick Mulvaney’s vision for the CFPB and reflects a contrasting vision to what was reflected in the prior draft which...more

UK Financial Conduct Authority Consults on Benchmarks Enforcement Powers

by Shearman & Sterling LLP on

The UK Financial Conduct Authority has published a consultation setting out proposed changes to its Decision Procedure and Penalties manual and its Enforcement Guide. The amendments to DEPP and EG reflect changes introduced...more

CFPB FY 2018-2022 strategic plan reflects Mulvaney’s new approach

by Ballard Spahr LLP on

The CFPB’s newly-released strategic plan for fiscal years 2018-2022 reflects the restrained approach to the CFPB’s exercise of its authority previously outlined by Mick Mulvaney, President Trump’s designee as CFPB Acting...more

The Fate of the CCR Rule “is” Still in Dispute

by Williams Mullen on

In May of last year, Environmental Notes reported on the many petitions that had been filed challenging EPA’s 2015 promulgation of a final waste management rule addressing the management and disposal of coal combustion...more

Foreign Corrupt Practices Act Enforcement: 2017 Year-in-Review

by Bryan Cave on

Enforcement of the Foreign Corrupt Practices Act (FCPA) again remained a high priority for the Department of Justice and the Securities and Exchange Commission in 2017, resulting in 11 companies paying over $1.92 billion to...more

EPA to Defer to States on Enforcement

In our 2018 outlook, we told you about the trend towards cooperative federalism—EPA’s plan to “rebalance the power between Washington and the states to create tangible environmental results for the American people.” Early in...more

“Brand Memo” from the U.S. Department of Justice: Reading Between the Lines

On January 25, 2018, Associate Attorney General Rachel Brand issued a memo on behalf of the U.S. Department of Justice (DOJ) prohibiting certain DOJ uses of federal agency guidance documents in affirmative civil enforcement...more

DOJ Issues Memorandum Precluding Reliance on Agency Guidance in Enforcement Cases

by 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

DOJ Limits Use of Guidance Documents in Affirmative Civil Enforcement Actions

On January 25, 2018, the Associate Attorney General directed the Department of Justice (DOJ) not to rely on agency guidance documents to establish a violation in affirmative civil enforcement (“ACE”) cases. She issued the...more

Greater clarity on self-reporting foreign bribery offences

by DLA Piper on

At a glance - In December 2017, the Australian Federal Police (AFP) and Commonwealth Director of Public Prosecutions (CDPP) jointly released Best Practice Guidelines providing corporations with practical information about...more

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

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