News & Analysis as of

Enforcement

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

SEC Disgorgement: A Path For Reform?

by Dorsey & Whitney LLP on

One of the guiding principles of the current SEC Enforcement program is to “Impose Sanctions That Most Effectively Further Enforcement Goals.” SEC Division of Enforcement Annual Report 2017. ...more

Pesticide/FIFRA Enforcement: U.S. Environmental Protection Agency and Amazon Services, LLC Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Amazon Services, LLC (“Amazon”) entered into a February 14th Consent Agreement (“CA”) addressing alleged violations of the Federal Insecticide, Fungicide, and...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

Tougher enforcement rules for invasive species

by Dentons on

The Government’s intention to introduce a broader range of penalties for offences involving invasive non-native animal and plant species in England and Wales has been outlined in a new consultation document....more

EPA's Fiscal Year 2017 Statistics Reflect Accelerating Decline in Federal Environmental Enforcement

by BakerHostetler on

On February 8, 2018, the U.S. Environmental Protection Agency (EPA) released its environmental enforcement statistics for fiscal year 2017 (FY 2017). Because EPA’s fiscal year ends in September, the newly released statistics...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

Canada Adds to Reputational Risk Toolbox with Human Rights Watchdog

by Akin Gump - Excubitor on

While corporations don’t have human rights obligations, the notion that businesses should respect and promote human rights in their activities has become a key element of many corporate social responsibility programs....more

2017 CFTC Year-in-Review and a Look Forward

by WilmerHale on

In 2017, under the leadership of new Chairman J. Christopher Giancarlo, the Commodity Futures Trading Commission (CFTC or Commission) adopted a notable shift in its enforcement priorities and regulatory agenda. In March,...more

DOJ Enforcement Memorandum Signals Policy Shift in Deference to Agency Guidance Documents for Civil Health Care Enforcement...

by Ropes & Gray LLP on

On January 25, 2018, the U.S. Associate Attorney General issued a memorandum directing civil litigators in the U.S. Department of Justice (“DOJ”) to limit their use of governmental agency guidance documents in affirmative...more

SEC Continues Focus on Retail Customers

by Dorsey & Whitney LLP on

The Commission’s enforcement program continued its focus on retail customer protections this week. The agency filed settled administrative proceedings against a broker dealer – investment adviser based on a coding error which...more

You Can’t Do That

by Husch Blackwell LLP on

This is an all too common phrase uttered by members of associations. It is most uttered when the Board is enforcing its condominium documents, including its rules. The chant increases in volume when the violating owner is...more

Settling Federal Environmental Enforcement Claims — Some Payments to Third Parties May Be Allowed (But Not Many)

Earlier this month, Jeffrey Wood, Acting Assistant Attorney General for Environment and Natural Resources issued a memorandum expanding on Jeff Sessions’ memorandum of June 5, 2017, generally barring payments to third parties...more

Chinese and U.S. Courts Support Cross-Pacific Enforcement of Commercial Judgments

by Garvey Schubert Barer on

Businesses and entrepreneurs on both sides of the Pacific should be aware and celebrate that just as cross-border commerce is increasing, so, too, is international judicial recognition of commercial judgments, as evidenced by...more

Weekly Roundup of Local and Under-the-Radar White Collar News - January 2018

..Some former DOJ attorneys start blogs; others use more innovative methods to develop business: Ex-Justice Dept. lawyer offered to sell secret U.S. whistleblower lawsuits to targets of the complaints ..Not to be outdone...more

DOJ Limits Use of Agency Guidance Documents in Affirmative Civil Enforcement Cases

by Morgan Lewis on

US Department of Justice litigators may no longer rely on guidance documents issued by federal agencies as binding on regulated entities for the purposes of affirmative civil enforcement litigation. The Department also...more

The FTC Is Looking You Up and Down(stream): Insights From the Acting Director of the Bureau of Competition on Antitrust...

by BakerHostetler on

Since Assistant Attorney General Delrahim’s inaugural remarks on vertical mergers, the business press has been atwitter about the antitrust enforcement agencies’ views of those mergers. Bruce Hoffman, the acting director of...more

The Directors of SEC and CFTC Enforcement Warn Would-be Virtual Currency Market Fraudsters

by Dorsey & Whitney LLP on

The Enforcement Directors of the SEC and CFTC took the unusual step of issuing a joint statement regarding virtual currency enforcement actions at the close of last week. SEC Enforcement Co-Directors Stephanie Avakian and...more

Global Anti-Bribery Year-in-Review: 2017 Developments and Predictions for 2018

by WilmerHale on

This past year marked the 40th anniversary of the U.S. Foreign Corrupt Practices Act (“FCPA”). Since its enactment in 1977, the U.S. Department of Justice (the “DOJ”) has brought approximately 300 FCPA enforcement actions,...more

FDA to step up enforcement of homeopathic medicine

by Thompson Coburn LLP on

Homeopathic medicine has long occupied a niche in American culture. Since 1988, with the issuance of the Compliance Policy Guide, § 400.400, “Conditions Under Which Homeopathic Drugs May be Marketed,” the FDA has had a...more

Attorney General Jeff Sessions Rescinds Federal Enforcement Policy Concerning Marijuana

So what does this actually mean? Potentially not much. Yesterday, Attorney General Jeff Sessions rescinded previous federal prosecutorial guidance that had been issued during the Obama administration regarding marijuana...more

Chris Lazarini Analyzes Enforceability of Arbitration Agreement in Employee Handbook

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a court's decision finding an arbitration agreement is valid and enforceable even when located in an employee handbook containing a general disclaimer that the handbook is...more

Privacy Perils: Now You See Me ...

by Bass, Berry & Sims PLC on

In the ongoing and contentious litigation between Uber and Google's autonomous (self-driving) vehicle unit (Waymo v. Uber), allegations have arisen that one party has hidden relevant information, in part by use of...more

WSGR Fintech Update - January 2018

SEC Chair Speaks About ICOs and Virtual Currencies - In a statement released on December 11, 2017, Jay Clayton, Chair of the U.S. Securities and Exchange Commission (SEC), offered his views about initial coin offerings...more

FDA Resets Enforcement Priorities for OTC Homeopathic Drugs

Happy New Year! And now on to your regular Consumer Product Matters programming… Another Federal agency with a consumer-protection mandate has taken a significant step to reset compliance expectations and enforcement...more

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Cybersecurity

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