News & Analysis as of

Enforcement Authority Regulatory Authority

Troutman Pepper Locke

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

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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

Venable LLP

Supreme Court Denies Certiorari to Decide FINRA Authority

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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

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

A&O Shearman

Energy Company Settles Long-Running Dispute With FERC After Jarkesy Decision Undercuts FERC’s Enforcement Authority

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On January 8, 2025, the Federal Energy Regulatory Commission approved a stipulation and consent agreement between its Office of Enforcement and an energy company (the “Company”) to resolve a dispute pending since 2016...more

Venable LLP

[Webinar] Too Close to Home: How Local Enforcement Authorities Are Presenting an Often Overlooked Regulatory Threat to Advertisers...

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While many advertisers are aware of the ongoing threat of regulatory enforcement from federal and state-level government, significant regulatory authority can often go overlooked much closer to home. From municipal agencies...more

Conyers

Responding to Regulatory Notices: A Litigator’s Perspective

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There are a variety of information gathering and other compulsory notices available to regulatory and enforcement agencies based in the Cayman Islands, as tools these agencies can draw on to carry out their functions. In this...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

BakerHostetler

The Future for Healthcare Is So Loper Bright, I Gotta Wear Shades

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On June 28, in Loper Bright Enterprises v. Raimondo (Loper Bright), the U.S. Supreme Court overturned the doctrine of Chevron deference, upending 40 years of precedent and significantly shifting power to the courts to...more

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

Different School of Thought, Part III: New Title IX Regulations Now Blocked by Four Courts, Affecting 15 States

On July 2 and July 11, 2024, two more federal courts issued preliminary injunctions preventing enforcement of the U.S. Department of Education’s new Title IX regulations, scheduled to go into effect on August 1, 2024....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

Goodwin

Federal Judge Vacates Health and Human Services Pixel Tracking Guidance

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On June 20, 2024, a Texas federal judge ruled that guidance published by the Department of Health and Human Services (the Department) prohibiting covered entities from disclosing information collected by third-party...more

Cadwalader, Wickersham & Taft LLP

Subscribe Proposed Bicameral Legislation to Broaden FERC’s Enforcement Jurisdiction over Trading Energy Commodities

Earlier this month members of Congress jointly introduced the “Energy Consumer Protection Act of 2023,” with the intention of expanding the Federal Energy Regulatory Commission’s (“FERC”) ability to address energy market...more

Eversheds Sutherland (US) LLP

Focus on Fintech: The CFPB wants state and federal financial regulators to get behind its enforcement agenda

The CFPB is the primary regulator of consumer financial products and services in the US, but other state and federal regulators also have authority to enforce some federal consumer financial protection laws. The CFPB is now...more

Latham & Watkins LLP

Supreme Court Rejects EPA’s Authority to Force Power Generation Shifting Under Clean Air Act

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The decision will limit EPA’s options for future regulation of existing power plant GHG emissions and may have broader implications for other federal agency rulemakings. On June 30, 2022 the US Supreme Court issued its...more

Eversheds Sutherland (US) LLP

CFPB plans to extend supervision to more Fintechs using dormant Dodd-Frank authority

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank), the Consumer Financial Protection Bureau (CFPB) has authority to require reports and conduct examinations with respect to large...more

Latham & Watkins LLP

CFPB Puts Fintechs in the Crosshairs

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The agency just revived its dormant authority to supervise nonbank financial entities that it determines pose risk to consumers.  On April 25, 2022, the Consumer Financial Protection Bureau (CFPB) - the US government...more

Latham & Watkins LLP

A More Aggressive UK Pensions Regulator?

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The Regulator’s expanded powers, effective 1 October 2021, reinforce the need for all relevant parties to give proper consideration to the effect of corporate transactions, refinancings, restructurings and other activity on...more

Jones Day

The Long Arm of the CFTC: What Stakeholders in Brazil and Latin America Should Know

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Established in 1974 in Washington, D.C., the CFTC was originally responsible for overseeing and regulating the commodity futures and options markets in the United States. Initially, its primary focus was to regulate trading...more

Dorsey & Whitney LLP

UK To Adopt New Powers Over M&A Activity To Protect National Security

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Draft legislation, which is currently being debated in the UK Parliament, will introduce a new regime granting the UK Secretary of State robust powers to review, vary or block acquisitions which may pose a risk to the...more

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

Canada Update: Québec Proposes Privacy Bill With Teeth, Ontario Ponders Requirements for Data Collection by Private Bodies

On June 12, 2020, Québec’s then minister of justice, Sonia LeBel, tabled in the National Assembly Bill 64, An Act to modernize legislative provisions as regards the protection of personal information. Bill 64’s purpose is...more

Troutman Pepper Locke

The “New” Enforcers: How States and Localities Are Changing the Landscape of Regulatory Authority

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Over the last decade, observers have noted that states have begun to play a greater role as regulatory enforcers – a trend that increased with the federal regulatory roll-back that began with the advent of the Trump...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

Hogan Lovells

California Enacts Another CCPA – Robocall Legislation

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On October 2, 2019, California Governor Gavin Newsom signed the Consumer Call Protection Act of 2019 to address the rise in deceptive robocalls and protect California consumers from fraudulent calls....more

WilmerHale

Senate Holds Hearing on Consumer Perspectives as Congress Continues to Develop Federal Privacy Legislation

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On May 1, 2019, the Senate Commerce Committee held a hearing on “Consumer Perspectives: Policy Principles for a Federal Data Privacy Framework”—the Committee’s third hearing during this session discussing principles for...more

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