News & Analysis as of

Enforcement Authority

Stevens & Lee

Another Step Toward Overruling Humphrey’s Executor and Granting Plenary Presidential Removal Authority

Stevens & Lee on

Recently, the Supreme Court in a case involving President Trump’s without cause firing of the Democratic Commissioners on the Consumer Products Safety Commission stayed an order that had been issued by the U.S. District Court...more

Winstead PC

“Death Star Bill” Survives Legal Challenge, Leaving Enforcement to Private Parties

Winstead PC on

On July 18, 2025, the Texas Third Court of Appeals in Austin dismissed a constitutional challenge to the Texas Regulatory Consistency Act (the “Act”) on standing grounds, declining to address whether the Act’s sweeping...more

Dorsey & Whitney LLP

New State-Level Anti-Kickback Statute Expands Minnesota AG’s Power to Prosecute Healthcare Fraud

Dorsey & Whitney LLP on

On May 23, 2025, Minnesota Governor Tim Walz signed the Human Services omnibus policy bill into law, which included in part, the addition of a new statutory provision in the state’s criminal code, Chapter 609....more

Troutman Pepper Locke

Indian Tribe Fights With ATF Over Applicability of PACT Act to Its Cigarette Sales

Troutman Pepper Locke on

In 2023, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) placed Twenty-Nine Palms Band of Mission Indians (Twenty-Nine Palms), a federally recognized Indian tribe that sells cigarettes on sovereign reservations...more

Husch Blackwell LLP

CFTC Enforcement Division Issues Framework for DOJ Criminal Referrals

Husch Blackwell LLP on

On July 9, 2025, the Commodity Futures Trading Commission (CFTC) Division of Enforcement (DOE), acting pursuant to a recent executive order (EO), issued an advisory letter outlining its new policy for referring criminally...more

Fisher Phillips

OSHA Slashes Penalties for Small Employers and Quick Fixers: What You Can Do to Benefit From Latest Change

Fisher Phillips on

The U.S. Department of Labor just overhauled OSHA’s penalty guidelines to give small employers and safety-conscious businesses a financial break. Effective immediately, the new policy: - significantly increases penalty...more

WilmerHale

Notes from the Multipolar Global Front: Navigating Multinational Antitrust Merger Reviews

WilmerHale on

Recent developments have made navigating multinational antitrust merger reviews even more complex and replete with traps for the unwary. ...more

Goodwin

Goodwin Antitrust & Regulatory Shorts: Fashion Faux Pas; Misleading Green and Social Responsibility Claims

Goodwin on

In recent years, legislative initiatives have increasingly reflected the green agenda and sustainability objectives of the European Commission (the Commission)....more

Holland & Knight LLP

CFPB Provides Guidance on Referrals for Potential Criminal Enforcement

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The CFPB has issued a policy statement describing its plan to address criminally liable regulatory offenses. President Donald Trump previously issued an executive order on May 9, 2025, requiring each federal agency to publish...more

Troutman Pepper Locke

Federal “Temporary Pause” of State AI Laws Clears Procedural Hurdle as Sides Draw Battle Lines

Troutman Pepper Locke on

One of many provisions in the “One Big Beautiful Bill Act,” passed by the U.S. House of Representatives, would place a 10-year “temporary pause” on states’ ability to regulate artificial intelligence (AI). Initially called a...more

Venable LLP

Supreme Court Denies Certiorari to Decide FINRA Authority

Venable LLP on

On June 2, 2025, the Supreme Court denied a petition for writ of certiorari filed by Alpine Securities Corporation challenging a D.C. Circuit ruling granting only limited, preliminary relief to Alpine. Alpine argued that...more

Latham & Watkins LLP

DOJ Issues New FCPA Guidelines Amid Growing Ambitions of UK and European Prosecutors

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The guidelines confirm that FCPA enforcement will continue but provide opportunities for foreign authorities to lead where US interests are not significantly impacted....more

WilmerHale

New York Legislature Passes FAIR Business Practices Act

WilmerHale on

As federal consumer protection enforcement has recently taken a sharp turn towards less regulation and enforcement, states continue efforts to fill the gap left by the federal pullback. ...more

WilmerHale

UK Cross-Government Review of Sanctions: Welcome but Unambitious Recommendations for Sanctions Enforcement

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On 15 May 2025, the UK Government published the conclusions of its cross-government review of UK sanctions implementation and enforcement (the Review)....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Trump Administration Proposes Elimination of OFCCP, Launches New Opinion Letter Program for Labor Guidance

The Trump administration plans to completely eliminate the Office of Federal Contract Compliance Programs (OFCCP) and transfer the agency’s remaining authority to enforce protections in federal contractors for veterans and...more

Fenwick & West LLP

Bank-Fintech Partnerships Under Scrutiny: What Fintechs Need to Know About AML Expectations

Fenwick & West LLP on

Bank-fintech partnerships have transformed the financial services landscape, creating new opportunities and challenges for traditional banking institutions and innovative technology companies alike. In a typical arrangement,...more

Latham & Watkins LLP

Key Insights on DOJ's Civil Rights Fraud Initiative

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In a memorandum dated May 19, 2025, Deputy Attorney General Todd Blanche announced the establishment of a new Civil Rights Fraud Initiative (the Initiative) at the Department of Justice (DOJ)....more

Holland & Knight LLP

The Implications and Scope of the NAIC Model Bulletin on the Use of AI by Insurers

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The National Association of Insurance Commissioners' (NAIC) model bulletin governing the use of artificial intelligence (AI) by insurers provides guidance on the legal and ethical use of AI within the insurance industry,...more

Benesch

U.S. State Privacy Regulators Create Consortium as Enforcement Trends Emerge

Benesch on

Trends and areas of focus under U.S. state data protection laws emerge as U.S. states with data protection laws in place increase enforcement actions and coordination....more

Holland & Knight LLP

CFPB Continues Efforts to Rescind Multiple Biden-Era Rules

Holland & Knight LLP on

The CFPB has withdrawn its 1) Fair Credit Reporting Act (FCRA)/Regulation V Proposed Rule (Data Broker Rule), 2) Prohibited Terms and Conditions in Agreements for Consumer Financial Products or Services (Regulation AA)...more

Womble Bond Dickinson

France & UK Continue Corporate Criminal Enforcement: SFO Issues New Corporate Guidance

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Foreign regulators continue to intensify their efforts to combat bribery and corruption. France’s Anti-Corruption Agency (L’Agence française anticorruption or AFA) recently published its year-in-review for 2024, which showed...more

Venable LLP

California Bill Would Expand DFPI's Power to Police Financial Services Misconduct

Venable LLP on

A new proposal in California, Senate Bill 825 (SB 825), is intended to strengthen the enforcement authority of the state's Department of Financial Protection and Innovation (DFPI) by clarifying that it can take action against...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

State Privacy Regulators Announce Formation of Privacy ‘Supergroup’

The concept of the “supergroup” may have originated with rock and roll, but on April 16, 2025, privacy practitioners in the United States learned that a whole new type of supergroup has been formed. ...more

WilmerHale

State Comprehensive Privacy Law Update - April 2025

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The states bounced back from a somewhat quiet previous biweekly update with several noteworthy developments in the last two weeks. A total of five new state comprehensive privacy bills were introduced in Maine (LD 1224),...more

BCLP

New UK Consumer Protection Regime to go live 6 April 2025

BCLP on

The CMA' s new enforcement powers granted under the Digital Markets, Competition and Consumers Act 2024 ("DMCCA") come in to force on 6 April 2025, bringing major change to the consumer protection regime. Provisions relating...more

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