News & Analysis as of

Office of Management and Budget Enforcement Actions

Dechert LLP

Dechert Cyber Bits - Issue 53

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April 2024 On April 4, 2024, the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (“CISA”) published a 447-page Notice of Proposed Rulemaking (“Proposed Rules”) in accordance with the...more

Wiley Rein LLP

New TCPA Rules For Some “Exempt” Calls Will Go Into Effect on July 20, 2023

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On January 20, 2023, the Federal Communication Commission (FCC or Commission) announced the long-awaited effective date of new requirements for certain calls that are otherwise exempt from the Telephone Consumer Protection...more

DirectEmployers Association

OFCCP Week In Review - January 2023 #3

New Congressional Research Service Reports Explain “Holman Rule” By a 220 – 213 essentially party-line vote, the U.S. House of Representatives passed its procedural rules package (H.Res.5) that includes the “Holman Rule.”...more

DirectEmployers Association

OFCCP Week In Review - January 2023

Wednesday, November 30, 2022: U.S. IRS & Treasury Department Published Notice on Prevailing Wage & Apprenticeship Requirements for Enhanced Tax Benefits Under Inflation Reduction Act - U.S. DOL Wage & Hour Division Seeking...more

DirectEmployers Association

OFCCP Week In Review: March 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Faegre Drinker Biddle & Reath LLP

Feds Hope to Tighten Timeline for Agency Reporting of Cyberattacks as Congress Debates Federal Data Breach Notification Law

On December 6, 2021, in the Memorandum for the Heads of Executive Departments and Agencies, the Office of Management and Budget took a more aggressive position on strengthening the nation’s cybersecurity posture. Under this...more

King & Spalding

Environmental Justice Rises to the Forefront of EPA Policy

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EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives - With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more

ArentFox Schiff

Re-Thinking Made in America Preferences: President Biden Signs 'Made in America' Executive Order

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Calls for Significant Changes To Federal Domestic Preference Policy, Waivers, and Buy American Eligibility - President Biden signed an executive order (order or EO) on January 25, 2021, to direct more spending of the...more

Jones Day

White House Revokes Prior Administration’s Regulatory Reform Executive Orders

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Executive Order directs agencies to repeal rules and policies implementing regulatory reforms. Included among the seventeen executive orders signed by President Biden on his first day in office was an order revoking six...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Impact of Executive Order 13924 and Its Implementing OMB Memorandum on Administrative Enforcement

In late August 2020, to little notice, the Office of Management and Budget issued a memorandum (the OMB Memorandum) that is likely to have significant implications for administrative enforcement, extending well into the Biden...more

Beveridge & Diamond PC

OMB Urges Fairness in Administrative Enforcement and Adjudication

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On August 31, 2020, the Office of Management and Budget (“OMB”) issued Memorandum M-20-31 (the “Memo”), which implements directives from a prior executive order to improve and reform administrative enforcement and...more

Skadden, Arps, Slate, Meagher & Flom LLP

OMB Announces Best Practices for Regulatory Enforcement and Adjudication

On August 31, 2020, the Office of Information and Regulatory Affairs (OIRA), within the Office of Management and Budget (OMB), issued a memorandum to all executive departments and agencies on reforming regulatory enforcement...more

Morgan Lewis

Recent Administration Actions on Diversity Training and Aspirational Diversity Goals

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The administration has begun taking actions with regard to workplace diversity trainings and representation goals on the basis of race, but clarifies that unconscious bias training is still permissible....more

K&L Gates LLP

Voluntary Disclosure: Newsflash – October 2020

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In this episode, we examine how two criminal defendants are aiming to leverage parallel FCPA investigations by the SEC and the DOJ to build their defense. We’ll also offer our thoughts on the SEC’s new (and improved?)...more

Bergeson & Campbell, P.C.

OIRA Memorandum Directs Agencies to Consider Principles of Fairness in Administrative Enforcement and Adjudication

The Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) issued memorandum M-20-31 on August 31, 2020, on the implementation of Section 6 of Executive Order (EO) 13924, “Executive Order...more

DirectEmployers Association

OFCCP Week In Review: November 2019 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Pillsbury Winthrop Shaw Pittman LLP

Trump Issues Executive Orders to Rein In Use of Guidance Documents in Enforcement Proceedings

Meant to enhance fairness and transparency in federal administrative enforcement, the new presidential EOs will significantly affect the practice of administrative law. Two recent Executive Orders will curtail use of...more

Seyfarth Shaw LLP

New Chair Of The EEOC Begins To Make Her Mark: A Look At The EEOC’s Inaugural Agency Financial Report

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Seyfarth Synopsis: On November 19, 2019, the EEOC released its inaugural “Agency Financial Report” (“AFR”) for Fiscal Year 2019. Substantively, the AFR is a data compilation regarding the EEOC’s financial health,...more

Sheppard Mullin Richter & Hampton LLP

New Executive Orders Aim to Eliminate Unfair Surprise in Civil Enforcement Actions by Formalizing Guidance Documents

On October 9, 2019, the President issued two executive orders that require agencies to formally provide official guidance before enforcing any new jurisdiction or legal standards. In other words, agencies cannot take novel...more

McDermott Will & Emery

2018 Digital Health Data Developments – Navigating Change in 2019

Data privacy and security legislation and enforcement saw significant activity in 2018 and early 2019. McDermott’s 2018 Digital Health Year in Review: Focus on Data report – the first in a four-part series – highlights...more

Seyfarth Shaw LLP

Nine U.S. Senators Urge Obama Administration to Issue Title III Website Regulations ASAP

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In late December, nine Democratic senators (Edward J. Markey (D-Mass), Elizabeth Warren (D-Mass.), Sherrod Brown (D-Ohio), Cory A. Booker (D-N.J.), Barbara A. Mikulski (D-Md.), Richard Blumenthal (D-Conn.), Benjamin L. Cardin...more

Stinson - Corporate & Securities Law Blog

Court Enters Preliminary Injunction Against SEC Administrative Proceeding

The United States District Court for the Northern District of Georgia, Atlanta Division, has entered a preliminary injunction preventing the SEC from conducting an administrative proceeding in an insider trading matter. The...more

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