News & Analysis as of

Enforcement Guidance Regulatory Requirements

BCLP

Update: Digital Markets, Competition and Consumer Act - What can we expect from the CMA?

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2025 has already been a busy year in UK consumer protection law. With the CMA having issued its annual plan for 2025 / 2026 on 27 March 2025 and its new enforcement powers under the Digital Markets, Competition and Consumer...more

BakerHostetler

CFTC Provides Clarifying Guidance on Material Violations Regarding Self-Reporting, Cooperation, and Remediation System

BakerHostetler on

As we previously reported, in February, the CFTC’s DOE issued an enforcement advisory (the DOE Advisory) to provide guidance to market participants on how the DOE will evaluate a company’s or an individual’s conduct in the...more

BakerHostetler

The CFTC Announces a New System To Incentivize Self-Reporting, Cooperation, and Remediation

BakerHostetler on

On February 25, 2025, the CFTC released an Enforcement Advisory on Self-Reporting, Cooperation, and Remediation, introducing metrics the Division will use to evaluate a company’s or individual’s conduct before and leading up...more

Jones Day

New CFTC Cooperation, Self-Reporting, and Remediation Enforcement Advisory Introduces Major Changes

Jones Day on

The Commodity Futures Trading Commission's ("CFTC") new enforcement advisory introduces several major changes in policy and a matrix helping those facing potential or actual CFTC investigations quantify the extent to which...more

Seyfarth Shaw LLP

FinCEN Hits Pause on BOI Enforcement for All, While Treasury Terminates Enforcement for Some

Seyfarth Shaw LLP on

Two recent announcements from the Financial Crimes Enforcement Network (FinCEN) and the U.S Department of the Treasury provide some, at least momentary, relief with respect to the Corporate Transparency Act’s (CTA) Beneficial...more

Jones Day

EU AI Act: First Rules Take Effect on Prohibited AI Systems and AI Literacy

Jones Day on

The European Union's Artificial Intelligence Act ("AI Act"), the world's first comprehensive legal framework on AI, entered into force on August 1, 2024. The AI Act sets out staggered compliance deadlines for the various...more

Venable LLP

FCC Enforcement Advisory Issued Regarding Payola and the Sponsorship Identification Requirements

Venable LLP on

The Federal Communications Commission (FCC) under new chair Brendan Carr has issued an enforcement advisory addressing complaints that radio stations are coercing musical artists to perform for free at station events by...more

Carlton Fields

California Privacy Protection Agency Announces Delete Act Enforcement Sweep

Carlton Fields on

Keeping the season spooky for data brokers, the enforcement division of the California Privacy Protection Agency announced on October 30, 2024, that it is conducting a public investigative sweep of data broker registration...more

Sheppard Mullin Richter & Hampton LLP

The CPPA Signals Focus on Data Minimization and Consumer Requests

Earlier this month, the California Privacy Protection Agency (CPPA) issued its first-ever enforcement advisory (No. 2024-01). The advisory addresses what it calls the “foundational principle” of data minimization, and more...more

Nossaman LLP

California Privacy Protection Agency to Begin Enforcement Activities

Nossaman LLP on

After a successful appeal of a June ruling, the California Privacy Protection Agency (CPPA) is authorized to begin immediate enforcement of privacy regulations developed, and expanded, under the California Privacy Rights Act...more

Jones Day

New NGL Pipeline and Renewable Generation Interconnection Settlements Highlight FERC's Expanded Enforcement Focus

Jones Day on

On June 24, 2022, FERC issued orders approving settlement agreements resolving two investigations. The first involves whether a renewable generation developer, sPower Development Company, violated PJM Interconnection LLC's...more

Orrick, Herrington & Sutcliffe LLP

Recent CFTC Guidance: Cooperation, Self-Reporting, and Remediation in Enforcement Matters

On October 29, 2020, the CFTC’s Division of Enforcement (DOE) issued guidance to the enforcement staff in considering whether to recommend that a respondent receive recognition for cooperation, self-reporting, and remediation...more

Morgan Lewis

CARB Calls on Motor Vehicle Industry to Self-Report Regulatory Violations

Morgan Lewis on

Citing recent investigations and new emissions detection capabilities, the California Air Resources Board (CARB) urges automakers and equipment manufacturers to voluntarily disclose potential violations of regulatory...more

Morgan Lewis

OSHA COVID-19 Guidance Walks Back Prior Agency Positions

Morgan Lewis on

The Occupational Safety and Health Administration (OSHA) issued an Updated Interim Enforcement Response Plan on May 19 for enforcing OSHA’s requirements with respect to coronavirus (COVID-19) and a Revised Enforcement...more

Morgan Lewis - Up & Atom

NRC Guidance: Enforcement Discretion for Noncompliance with Radiological Emergency Response Plans

The NRC’s Office of Enforcement (OE) recently issued Attachment 3 to Enforcement Guidance Memorandum (EGM) 20-002, providing guidance to NRC Staff to disposition violations of emergency preparedness (EP) regulations during...more

Morgan Lewis - Up & Atom

NRC Guidance: Enforcement Discretion for Byproduct Material Licensees

The NRC’s Office of Enforcement (OE) recently issued Attachment 2 to Enforcement Guidance Memorandum (EGM) 20-002, providing guidance to NRC inspection staff for exercising enforcement discretion for certain byproduct...more

McNees Wallace & Nurick LLC

OSHA Rescinds and Revises Guidance for Enforcement and COVID-19 Recording

The Occupational Safety and Health Administration (“OSHA”) is taking steps to resume pre-COVID-19 inspection and response procedures.  On May 19, 2020, OSHA released two enforcement guidance documents that lay out OSHA’s...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – May 2020 #13

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In Washington: President Trump signed an executive order Tuesday directing federal agencies to ease up on businesses that make good-faith attempts to follow agency guidance and regulations during the coronavirus pandemic....more

Morgan Lewis - Up & Atom

NRC Staff Issues Guidance for Exercising Enforcement Discretion During COVID-19 Pandemic

The US Nuclear Regulatory Commission (NRC) Staff issued SECY-20-0034 on April 22, informing the NRC Commissioners of the Staff’s plan to exercise enforcement discretion for licensee noncompliance with regulatory requirements...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coronavirus (COVID-19): Mississippi Department of Environmental Quality Issues Environmental Enforcement Guidance

The Mississippi Department of Environmental Quality (“MDEQ”) issued an April 2nd Memorandum (“Memorandum”) addressing compliance with regulatory requirements during the coronavirus (“COVID-19”) pandemic. The Memorandum was...more

Morgan Lewis

NRC Issues Enforcement Guidance Memorandum on 10 CFR 73.56

Morgan Lewis on

The director of the Nuclear Regulatory Commission’s (NRC) Office of Enforcement (OE) issued Enforcement Guidance Memorandum (EGM) 2020-001, “Enforcement Discretion Not to Cite Certain Violations of 10 CFR 73.56 Requirements”...more

The Volkov Law Group

DOJ Tweaks FCPA Corporate Enforcement Policy

The Volkov Law Group on

The Department of Justice recently announced updates to its Foreign Corrupt Practices Act Corporate Enforcement Policy. While the changes were relatively minor, the modifications underscored important principles surrounding...more

Mintz - Health Care Viewpoints

DOJ Updates its Justice Manual to Include Section Limiting Use of Guidance Documents in Litigation

Nearly one year ago, on January 25, 2018, the Department of Justice’s (DOJ) Regulatory Reform Task Force issued a memorandum entitled “Limiting Use of Agency Guidance Documents In Affirmative Civil Enforcement Cases.” Many...more

Dickinson Wright

Controlled Burn: The Department Of Justice Announces It Will Not Rely On Agency Guidance Documents In Affirmative Civil...

Dickinson Wright on

On January 25, 2018, Associate Attorney General Brand issued a memorandum titled "Limiting Use of Agency Guidance Documents in Affirmative Civil Enforcement Cases," (the "Brand Memo") which clarified that Department of...more

Jones Day

DOJ Limits the Use of Agencies' Guidance Documents in Civil Enforcement Actions

Jones Day on

The Department of Justice ("DOJ") recently issued a memorandum limiting the ability of its litigators to use agency guidance documents in civil enforcement actions against private parties. The memo expands on a directive...more

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