News & Analysis as of

Rulemaking Process Enforcement Authority

Sheppard Mullin Richter & Hampton LLP

CFPB Issues Risk-Based Supervision Order Over Major Tech Company

On December 6, the CFPB issued an order establishing supervisory authority over a major tech company. While the company is already subject to CFPB’s enforcement authority, the Bureau has determined that the company meets the...more

White & Case LLP

CFIUS Regulatory Expansion: Five Things You Need to Know

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The U.S. Department of the Treasury ("Treasury") has engaged in a flurry of rulemaking over the last year, most recently issuing a final rule to sharpen and enhance the Committee on Foreign Investment in the United States...more

Epstein Becker & Green

#WorkforceWednesday®: NLRB’s Expanding Power - Pushback and Legal Challenges Ahead - Employment Law This Week®

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This week, we’re examining how recent employer-initiated challenges to the National Labor Relations Board’s (NLRB’s) structure have arisen due to the agency’s broad interpretation of its enforcement authority, leading to...more

Venable LLP

The Loper Bright Impact: Agency Action Likely to Face More Scrutiny in Light of the Supreme Court’s Disposal of Chevron Deference

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These days, it seems like there are three guarantees in life—death, taxes, and monumental Supreme Court administrative law opinions in the summer. As you’ve probably heard by now, the trend continues this year, including...more

BakerHostetler

The Chevron Decision Will Create Some Challenges for FTC Law Enforcement and Rulemaking

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It was certainly a memorable final week for the Supreme Court this term. There has been quite a lot to digest, and the impact and implications are broad and significant. But for now, let’s look through a narrow lens and focus...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

WilmerHale

Year in Review: The Top 10 US Data Privacy Developments From 2023

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2023 marked a pivotal moment in US data privacy and cybersecurity, characterized by substantial regulatory and legislative advances at the international, federal, and state levels. The Federal Trade Commission (FTC) took a...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

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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

Wiley Rein LLP

California Privacy Enforcement Moves Forward With Rulemaking on Horizon

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Big changes are underway in California privacy, with a brand new privacy agency, forthcoming new privacy rules due by July, and a new comprehensive privacy framework going into effect in January 2023. As businesses subject to...more

WilmerHale

California Privacy Update

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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

WilmerHale

Commerce Department Overhauls Trade Enforcement Regulations

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Yesterday the US Department of Commerce (Commerce) published the most comprehensive revisions to its regulations for enforcing trade remedy laws since the 1990s - the completion of a rulemaking process that started under the...more

Ervin Cohen & Jessup LLP

FTC Announces July 1 Open Meeting

On June 24, 2021, the Federal Trade Commission (“FTC”) announced that it would be holding the first of a series of open meetings. Members of the public are invited to listen to the FTC’s discussion and submit public comment....more

Troutman Pepper Locke

California Consumer Privacy Act Enforcement Series: OAG’s Reaction to CPRA Referendum

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CCPA 2.0: A Refresher - Just as the dust from the CCPA began to settle, on June 24, 2020, the California Secretary of State released a memorandum stating that the California Privacy Rights Act (the “CPRA”), also known as...more

Eversheds Sutherland (US) LLP

2019 Legislative roundup - Federal TRACED Act and state laws aimed at combating robocalls 

2019 saw an effort by both Congress and various state legislatures to reduce the volume of robocalling and “spoofed” calls. Robocalls are pre-recorded calls placed through automated dialing equipment while spoofed calls...more

Ballard Spahr LLP

Brian Johnson, CFPB Deputy Director, Speaks at Meet the Policymakers Forum

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On November 7, 2019, the George Mason University Antonin Scalia Law School hosted an event with Brian Johnson, the CFPB’s Deputy Director, to discuss the agency, its rulemaking process, innovation programs, and goals for the...more

Epstein Becker & Green

Bill Aimed at Removing Authority from NLRB Introduced in the Senate

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On October 24, 2019, Senator Mike Lee (R-UT) introduced the Protecting American Jobs Act. The bill, cosponsored by Senators Tom Cotton (R-AR), Rand Paul (R-KY), Marsha Blackburn (R-TN), Ted Cruz (R-TX), and Marco Rubio...more

Latham & Watkins LLP

California Consumer Privacy Act Draft Regulations: What’s New, What’s Next

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Covered businesses have much work to do to revise disclosures, implement choice mechanisms, and design compliant data subject request programs. Key Points: ..The Attorney General’s draft regulations, released on October...more

King & Spalding

Taking Cues from Justice Department, New Executive Orders Limit Agency Use of Guidance to Establish and Enforce Regulatory Policy

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On October 9, 2019, President Trump signed two executive orders: Promoting the Rule of Law Through Improved Agency Guidance (Executive Order 13891) (the “Guidance Executive Order”) and Promoting the Rule of Law Through...more

Pierce Atwood LLP

Energy Associations Call for More Transparency and Efficiency at FERC Enforcement

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On June 19, 2019, a group of natural gas and power trade associations filed a white paper with the Federal Energy Regulatory Commission (FERC) calling for more transparent and efficient enforcement investigations by the...more

Hogan Lovells

FDA Announces Produce Safety Rule Enforcement Discretion Policy for Almonds, Pulse Crops, Wine Grapes, and Hops under FSMA

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The U.S. Food and Drug Administration (FDA) has issued Guidance detailing its intent to exercise enforcement discretion for the requirements of the Produce Safety rule as they apply to entities growing, harvesting, packing,...more

Mintz - Consumer Product Safety Viewpoints

CPSC’s Zen Magnets Mandatory Recall Reversed: A Mixed District Court Decision Gives Zen Magnets a New Life and the CPSC Favorable...

The consumer product safety community is rarely provided guidance by federal court decisions. On Tuesday, however, Judge R. Brooke Jackson of the Federal District Court for the District of Colorado issued an opinion in the...more

Holland & Knight LLP

DOJ Issues Memorandum Precluding Reliance on Agency Guidance in Enforcement Cases

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On Jan. 25, 2018, the Associate Attorney General issued a memorandum limiting use of agency guidance documents in affirmative civil enforcement cases brought by the U.S. Department of Justice (DOJ). In a move which could have...more

Morrison & Foerster LLP

Definitely Not Zen – Magnets Attract Unprecedented Action from CPSC

The last weeks of March brought us two interesting and seemingly contradictory opinions that show the many tools that the Consumer Product Safety Commission (CPSC) has at its disposal to enforce its own regulations. These...more

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