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Enforcement Actions Administrative Agencies

McGlinchey Stafford

DOL Limits Authority to Seek Liquidated Damages in Wage and Hour Investigations

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On June 27, 2025, a new enforcement directive from the U.S. Department of Labor (DOL)’s Wage and Hour Division (WHD) took effect, formally eliminating the agency’s policy of seeking the payment of liquidated damages in any...more

Dacheng

China's Inaugural Merger Control Litigation: Tobishi v. SAMR and Its Practical Impact

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Since the Anti-Monopoly Law came into effect in 2008, China has established a merger control regime now administered by the State Administration for Market Regulation (SAMR). Transactions that meet the notification...more

Offit Kurman

Quick Guide to Administrative Hearings

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Join the Litigators Lounge with Offit Kurman’s Anders Sleight and Niall McMillan as they dive into the nuances of administrative proceedings versus typical civil court cases, focusing on the process, discovery limitations,...more

Beveridge & Diamond PC

Preparing for a Wave Citizen Suits: Five Key Strategies on the Diligent Prosecution Bar

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As earlier reported, environmental non-governmental organizations (eNGOs) have promised to pursue enforcement where the Biden EPA left off – they have the legal authority to do so under most environmental federal statutes and...more

Dacheng

China Monthly Antitrust Update: July 2025

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This monthly report outlines key developments in China’s antitrust sector for July. SAMR Solicits Public Comments on the Revised Provisions on the Prohibition of Monopoly Agreements, Refining the “Safe Harbor” Standards for...more

Cozen O'Connor

AGs Hold Fire as ATF Agrees to Keep FRTs Out of Their States

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A group of 16 Democratic AGs withdrew their motion for a preliminary injunction in a lawsuit challenging a decision by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to redistribute thousands of previously...more

Epstein Becker & Green

Latest Moves by Federal Agencies Regarding Gender-Affirming Care: Risks Mount for Providers

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Since day one, a policy priority of the Administration has been to discourage and prevent gender-affirming care for children and adolescents that involves surgery or medication....more

Jackson Lewis P.C.

Enhanced AFCA Empowers Agency Fraud-Fighting, Creates Compliance Concerns for Federal Contractors and Others

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Significant revisions to the Program Fraud Civil Remedies Act of 1986 (PFCRA), now called the Administrative False Claims Act (AFCA), bolster federal agencies’ ability to address alleged fraud by expanding their authority to...more

Venable LLP

Some Hints About and Clues to the FTC’s Consumer Protection Priorities

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We’ve written previously about the Trump administration’s effort to increase his influence over independent agencies such as the FTC and to review regulations promulgated by these agencies. The White House is also reportedly...more

Mayer Brown

STJ define que decisões sobre indisponibilidade de bens podem ser revistas

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Em recente julgamento sob o rito dos recursos repetitivos, a Primeira Seção do Superior Tribunal de Justiça (STJ) concluiu que, nas ações de improbidade administrativa, é possível revisitar e eventualmente modificar decisões...more

Dorsey & Whitney LLP

Predictions for the Federal Financial Service Agencies - Slow Down and Wait

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Following the myriad nominations, acting appointments and Executive Orders by the new Administration, many clients and friends have requested advice regarding legal and regulatory changes that might be forthcoming in the...more

Wiley Rein LLP

[Webinar] Understanding the New Administrative False Claims Act - February 19th, 12:00 pm - 1:00 pm EST

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Join us for a webinar on the newly enacted Administrative False Claims Act (AFCA), a significant update to the Program Fraud Civil Remedies Act of 1986. This session will explore administrative agencies’ expanded powers...more

Seyfarth Shaw LLP

Trump Fires EEOC Commissioners, Testing Constitutional Limits on Presidential Power Over Independent Agencies

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On the afternoon of Tuesday, January 28, 2025, media reports confirmed that President Trump has fired EEOC Commissioners Charlotte Burrows and Jocelyn Samuels, both Democratic appointees. Samuels confirmed her dismissal via...more

Fenwick & West LLP

Securities Law Update - August 2024 #2

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Welcome to the latest edition of Fenwick’s Securities Law Update. This edition contains updates and reminders on: ..The federal court decision that struck down the FTC’s noncompete ban, blocking it from taking effect...more

Seyfarth Shaw LLP

Commissioner Sonderling to Depart from EEOC in August 2024

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Seyfarth Synopsis: EEOC Commissioner Keith Sonderling, a Republican who first joined the EEOC in 2020, has announced his departure from the Commission in August 2024. Sonderling’s tenure was marked by his significant...more

Venable LLP

FTC Constitutional Challenge Update: Fifth Circuit Delivers Illumina a Stocking Full of Coal

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Last week, the Fifth Circuit handed down an across-the-board rejection of four constitutional challenges raised by gene sequencing company Illumina in defending against the Federal Trade Commission’s merger challenge. Bah!...more

Husch Blackwell LLP

The Justice Insiders Podcast: SEC Plays Chicken with Jarkesy

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Host Gregg N. Sofer welcomes back to the podcast Richard Epstein, Laurence A. Tisch Professor of Law at NYU School of Law, to discuss the U.S. Supreme Court’s consideration of Securities and Exchange Commission v. Jarkesy, a...more

Carlton Fields

Against All Odds Alpine Wins Important Injunction Against FINRA

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On July 5, 2023, the D.C. Circuit Court of Appeals issued an injunction that raises a challenge to FINRA’s authority to use FINRA-appointed hearing officers to conduct enforcement proceedings. The injunction enables Alpine...more

Perkins Coie

Supreme Court Allows Structural Constitutional Challenges to FTC and SEC Proceedings in Federal District Court

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The U.S. Supreme Court ruled in two related cases, Axon Enterprise Inc. v. FTC (No. 21-86) and SEC v. Cochran (No. 21-1239), that federal district courts have jurisdiction to hear structural constitutional challenges to the...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Holds That Respondents in Agency Enforcement Actions May Raise Constitutional Challenges Outside of Administrative...

On April 14, 2023, in a decision involving appeals regarding two separate agency enforcement actions, the Supreme Court unanimously held that respondents in such actions may raise certain constitutional challenges outside of...more

Jenner & Block

Client Alert: Supreme Court Permits Constitutional Challenges to Administrative Agencies While an Enforcement Proceeding Is...

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On April 14, 2023, in Axon Enterprise, Inc. v. Federal Trade Commission and the companion case Cochran v. Securities and Exchange Commission, the Supreme Court held that district courts have jurisdiction to hear structural...more

Cadwalader, Wickersham & Taft LLP

Second Circuit Rules CFPB Funding Mechanism Is Constitutional, Deepening Split with Fifth Circuit

On March 23, the U.S. Court of Appeals for the Second Circuit ruled that the CFPB’s funding mechanism is constitutional. The case, CFPB v. Law Offices of Crystal Moroney, is significant for two reasons. First, the Second...more

WilmerHale

Jarkesy Case Upends SEC Tribunal

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On May 18, 2022, the US Court of Appeals for the Fifth Circuit issued its decision in Jarkesy v. SEC, vacating a Securities and Exchange Commission (SEC) decision in an enforcement action brought as an administrative...more

Proskauer Rose LLP

New FTC Leadership Continues to Flex Their Muscles: New Practice of Issuing Warnings Imposes Unnecessary Uncertainty on Merging...

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As the saying goes, “the only thing for certain, is nothing is certain.” With a rash of changes since Chairperson Lina Kahn took command, the FTC is certainly proving that maxim true. Seeking to transform the historically...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

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