News & Analysis as of

Enforcement

Energy Storage Handbook Vol. 2

by K&L Gates LLP on

Designed as a basic primer on what energy storage is, how it is regulated and what sorts of issues are encountered when such projects are financed and developed, the Handbook is intended to highlight the most common...more

5 Key Takeaways from FERC’s Recent Energy Storage Order

In February, FERC issued Order 841, Electric Storage Participation in Markets Operated by Regional Transmission Organizations and Independent System Operators (the “Order”), requiring RTOs and ISOs to establish new market...more

A paradise for data privacy advocates - Bermuda’s privacy law now in full effect

With enactment of the Personal Information Protection Act (PIPA), Bermuda can now count itself among the ever-expanding list of jurisdictions with enhanced privacy protections. PIPA, passed on July 27, 2016, and entered into...more

Back-to-Basics Approach on Injunctive Relief

On April 3, 2018, Susan Bodine, Assistant Administrator of U.S. EPA’s Office of Enforcement Assurance and Compliance Assistance (OECA), issued an internal memorandum titled “The Appropriate Use of Compliance Tools in Civil...more

Investment Funds Update Europe - Legal and regulatory updates for the funds industry from the key asset management centres and...

by Dechert LLP on

FCA Publishes a Closet Tracking Fund Webpage - The FCA published a new webpage on 14 March 2018, outlining its recent work on closet tracking funds. The FCA considers that closet tracking funds look like, and charge...more

UK Regulator Consults on Mission Approach Documents for Supervision and Enforcement

by Shearman & Sterling LLP on

The U.K. Financial Conduct Authority has published two consultations, seeking feedback on draft documents setting out its regulatory approach to supervision and enforcement. The two documents, once finalized, will form part...more

Anti-Money Laundering Obligations for Virtual Currency Companies

Virtual currency businesses are under scrutiny by U.S. anti-money laundering (AML) regulators. Earlier this year, U.S Treasury Secretary Steven Mnuchin emphasized that virtual currencies are subject to AML regulations. He...more

FCA sets out its Approach to Enforcement

by Dentons on

The FCA has published its Approach to Enforcement document, one of a series of documents seeking to articulate its "Mission"....more

OIG March 2018 Work Plan Update

by Baker Ober Health Law on

The OIG's March 2018 Work Plan update included seven items. Not surprisingly, the opioid crisis continues to be an area of focus for the OIG. The OIG also intends to review the oversight of vocational rehabilitation provided...more

Spotlight on Korea

by Ropes & Gray LLP on

Although historically U.S. regulators have not focused FCPA enforcement efforts in Korea to the same extent as other Asian jurisdictions such as China and India, multinational companies doing business in Korea, particularly...more

When Conversation Becomes an Antitrust Violation

by Epstein Becker & Green on

Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a)(1), provides the Federal Trade Commission (“FTC”) with broad authority to address “unfair methods of competition.” Although Congress chose not to define the...more

RESPA and UDAAP Enforcement Following The PHH Decision: What To Expect

by Foley & Lardner LLP on

As anyone who is associated with the residential real estate settlement services industry can appreciate, resolution of the PHH case by the full bench of the D.C. Circuit Court of Appeals has brought much-needed clarity and...more

CFPB Mulvaney Moments

by Bryan Cave on

Last week CFPB Acting Director Mick Mulvaney had a busy speaking calendar in Washington, D.C. and we all should be listening. He addressed the Credit Union National Association (CUNA)’s Government Affairs Conference on...more

China's Cybersecurity Law

by Reed Smith on

China’s new Cybersecurity Law (CSL) was passed November 7, 2016, and came into force June 1, 2017. As the nation’s first comprehensive privacy and security regulation for cyberspace, the CSL imposes paradigm-shifting...more

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...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

False Claims Act year in review: 2017

by DLA Piper on

In 2017, False Claims Act (FCA) recoveries totaled more than $3.7 billion, down from more than $4.7 billion in total recoveries in 2016. More than $3.4 billion of the 2017 recoveries came from settlements and judgments in...more

Financial Regulatory Developments Focus - February 2018 #4

by Shearman & Sterling LLP on

In this week's newsletter, we provide a snapshot of the principal U.S., European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset...more

With States Stepping Up Enforcement, Mulvaney Offers CFPB’s Partnership and Deference

by Reed Smith on

Consumer Financial Protection Bureau (“CFPB”) Director Mick Mulvaney spoke to the National Association of Attorneys General winter meeting in D.C. on February 28, addressing the agency’s priorities under his leadership. He...more

2017 Year in Review: FDA Office of Prescription Drug Promotion Warning and Untitled Letters

by King & Spalding on

In 2017, the U.S. Food and Drug Administration (FDA) Office of Prescription Drug Promotion (OPDP) issued a total of five enforcement letters that cited violations related to the advertising and promotion of prescription...more

GDPR Update: Sanctions (Dutch)

by Dentons on

In this GDPR update, we address the sanctions supervisory authorities may impose on organisations that are non-compliant with the GDPR. ...more

GDPR Update: Sanctions

by Dentons on

In this GDPR update, we address the sanctions supervisory authorities may impose on organisations that are non-compliant with the GDPR. Significant administrative fines and other corrective powers of the supervisory...more

Highlights from the SIFMA AML and Financial Crimes Conference

On February 12-13, 2018, members of the securities industry, regulators and financial crime experts met in New York City at the Securities Industry and Financial Markets Association (SIFMA) Anti-Money Laundering (AML) and...more

Change in CFPB Structure Will Not Impact Fair Lending Enforcement; Compliance Does Not Take a Holiday

by Clark Hill PLC on

Acting Director Mick Mulvaney’s decision to transition the Office of Fair Lending and Equal Opportunity (“OFLEO”) out of the Office of Supervision, Enforcement and Fair Lending (“SEFL”) does not eliminate or diminish the...more

New DOJ Guidance Policy Limits Use of Guidance Documents in Federal Civil Actions

On January 25, 2018, Associate Attorney General Rachel Brand issued a memorandum on behalf of the U.S. Department of Justice (DOJ) (the “Brand Memo”) which effectively limits the use and enforcement power of guidance...more

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Cybersecurity

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