News & Analysis as of

Enforcement Authority Comment Period

Latham & Watkins LLP

OCC Proposes Updates to Large Bank Recovery Planning Guidelines

Latham & Watkins LLP on

OCC-supervised institutions with $100 billion or more in average total consolidated assets must be adequately prepared to mitigate severe financial and non-financial risks. ...more

Cadwalader, Wickersham & Taft LLP

Treasury Proposes Enhancing CFIUS Enforcement Authority

On April 11, 2024, the U.S. Department of the Treasury announced a notice of proposed rulemaking that would expand the enforcement authority of the Committee on Foreign Investment in the United States (“CFIUS” or the...more

Venable LLP

CFIUS Proposes Increased Penalties for Noncompliance and Updated Mitigation and Enforcement Rules

Venable LLP on

As the lead agency for the Committee on Foreign Investment in the United States (CFIUS or the Committee), the U.S. Department of the Treasury released new proposed rules on April 11, 2024 intended to enhance the enforcement...more

Womble Bond Dickinson

FCC Tightens Lead Generator TCPA Consent Requirements, Adopts Texting Do-Not-Call and “Red Flag” Text Blocking Rules, and Seeks...

Womble Bond Dickinson on

On December 18, 2023 the FCC released a Second Report and Order, Second Further Notice of Proposed Rulemaking (FNPRM), and Waiver Order, which it considered and adopted at its December Open Meeting, furthering what it...more

Jones Day

FTC Seeks to Strengthen Privacy Protections of Children Online

Jones Day on

On December 20, 2023, the Federal Trade Commission ("FTC") announced a Notice of Proposed Rulemaking ("NPRM") to revise the Children's Online Privacy Protection Act ("COPPA") Rule to reduce the amount of information...more

Bass, Berry & Sims PLC

The PCAOB Closes Comment Period on Controversial Proposal to Expand Auditor Responsibility for Legal Compliance

Bass, Berry & Sims PLC on

The Public Company Accounting Oversight Board (PCAOB) recently closed the comment period for its proposal (the Proposal) to significantly increase the responsibility of audit firms to evaluate and disclose a subject public...more

Akin Gump Strauss Hauer & Feld LLP

Proposed Regulations May Significantly Expand Commerce’s Enforcement Ability of Trade Remedy Laws

Key Points - On May 9, 2023, Commerce issued proposed regulations that would expand the agency’s authority to enforce trade remedy laws in several substantive and procedural respects. Interested parties have until...more

WilmerHale

PCAOB Requests Comment on Draft Strategic Plan

WilmerHale on

The Public Company Accounting Oversight Board (PCAOB) recently released for public comment a draft five-year strategic plan for 2022-2026, setting forth targeted objectives that are oriented around four primary goals: (1)...more

Eversheds Sutherland (US) LLP

CFPB plans to extend supervision to more Fintechs using dormant Dodd-Frank authority

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank), the Consumer Financial Protection Bureau (CFPB) has authority to require reports and conduct examinations with respect to large...more

Venable LLP

The CFPB Targets FinTechs and Other Nonbanks for Supervision and Examination

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The Consumer Finance Protection Bureau ("CFPB") announced that it will examine nonbank financial companies that pose risks to consumers, using statutory authority that until now had gone unused. Additional examinations would...more

Fisher Phillips

DOL’s Proposed Revisions of Davis Bacon Act Rules Will Have Significant Impact on Federal Construction Contractors

Fisher Phillips on

Federal wage and hour officials recently issued proposed rules that will make it easier for unions to have their hourly rates of pay established as the prevailing wage rates and will increase the Department of Labor’s...more

WilmerHale

California Privacy Update

WilmerHale on

The California Consumer Privacy Act (CCPA) may seem like old news, especially now that Virginia and Colorado have also passed comprehensive privacy laws, but businesses must continue to pay attention to California if they...more

Ervin Cohen & Jessup LLP

USDA Announces New Rule to Fight Organic Fraud

On August 5, 2020, the Agricultural Marketing Service of the U.S. Department of Agriculture published a proposed rule designed to strengthen the agency’s oversight and enforcement of the production, handling, and sale of...more

Dorsey & Whitney LLP

FTC Announces Regulatory Review of Endorsement Guides – Changes and Enforcement Actions Will Likely Follow

Dorsey & Whitney LLP on

The FTC recently announced a regulatory review of its Endorsement Guides, which provide guidance to marketers to ensure that endorsements and testimonials for products and services are not misleading, particularly as to...more

Holland & Hart LLP

FDA Cracks Down on Pet Products Containing CBD After USDA Clears Path for Hemp Production

Holland & Hart LLP on

Although more and more pet owners are turning to CBD products to treat their pets, new action by the FDA is a stark reminder that those CBD pet products found on-line and in stores are considered illegal at the federal level....more

Epstein Becker & Green

After Decades of Broad Enforcement Discretion, FDA Signals New Approach to Homeopathic Drugs

Epstein Becker & Green on

Two announcements made by FDA in late October signal a marked change to FDA’s regulatory approach to “homeopathic” drugs. On October 25, 2019, FDA withdrew the 1988 Compliance Policy Guide (“CPG”) 400.400 Conditions Under...more

Pillsbury Winthrop Shaw Pittman LLP

DOE Proposes Procedures for the Imposition of Civil Penalties for Violations of Part 810

The proposed rule issued on October 3, 2019 would update 10 CFR Part 810 to include procedures to implement the Department of Energy’s civil penalty authority. The maximum proposed penalty is $102,522 per violation, per day. ...more

ArentFox Schiff

Guilt by Affiliation: New CMS Regulations Require Provider Disclosure of Past Association with “Bad Actors”

ArentFox Schiff on

On September 10, 2019, the Centers for Medicare and Medicaid Services (CMS) issued a final rule with comment period, titled Program Integrity Enhancements to the Provider Enrollment Process (the “Final Rule”), which enhances...more

Bass, Berry & Sims PLC

Providers and Suppliers: Do You Have Skeletons in Your Enrollment Closet?

Bass, Berry & Sims PLC on

On September 10, 2019, the Centers for Medicare & Medicaid Services (CMS) published a final rule significantly expanding its authority to deny or revoke participation in Medicare, Medicaid or the Children’s Health Insurance...more

Latham & Watkins LLP

Legalization of Products Containing CBD? Not Quite Yet, Says FDA

Latham & Watkins LLP on

The Agency plays a significant role in the evolving legal landscape governing certain cannabis-derived products. Key Points: ..New law lifts or eases some, but not all, federal obstacles for certain cannabis-derived...more

Stoel Rives LLP

North Dakota’s UIC Class VI Primacy Wait is Almost Over

Stoel Rives LLP on

The U.S. Environmental Protection Agency (EPA) is poised to approve North Dakota’s application for primary enforcement authority over the underground injection of CO2 for geologic sequestration in that state. Nearly four...more

A&O Shearman

US Commodity Futures Trading Commission Public Comment on Proposed Whistleblower Rule Amendments

A&O Shearman on

The US CFTC requested public comment on proposed amendments to the Whistleblower Rules found in Part 165 of the CFTC’s regulations. The amendments would improve the process for reviewing whistleblower claims and clarify staff...more

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