News & Analysis as of

Enforcement Guidance

Orrick, Herrington & Sutcliffe LLP

Orrick State Attorney General Update | September 2025

State AGs Warn Social Media Companies of Potential Ramifications for Not Protecting Children from Predatory AI Products....more

Axinn, Veltrop & Harkrider LLP

FTC Drops Its Non-Compete Ban, but Vows Continued Enforcement

The Federal Trade Commission (FTC) has abandoned its defense of the rule proposed by the Biden Administration banning almost all employer-employee non-competes. As a result, the broad non-compete rule is dead. At the same...more

Secretariat

Navigating New Rules of the Road: How Companies Can Adapt to Revised DOJ Guidance on Criminal Prosecutions

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Since the election in November 2024, there have been many changes to DOJ’s enforcement policies. Earlier this year, now-Acting Assistant Attorney General of the Criminal Division, Matthew R. Galeotti, announced at the...more

Morgan Lewis

US Department of Justice: ‘Well-Intentioned Innovators’ Will Not Be Prosecuted

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Recent statements from the US Department of Justice, the White House, and the Commodity Futures Trading Commission indicate a safer environment for responsible risk-taking in digital assets and derivatives....more

Ropes & Gray LLP

UK Authorities Revamp Joint Corporate Prosecution Guidance

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On 18 August 2025, the UK’s Crown Prosecution Service (CPS) and the Serious Fraud Office (SFO) announced the updated version of the joint guidance in relation to the prosecution of corporate entities (the “Guidance”). The...more

Foley & Lardner LLP

Employer Liability for Non-Employee Acts? Sixth Circuit Imposes High Standard and Rejects EEOC Guidance

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With its August 8, 2025, opinion in Bivens v. Zep, Inc., the U.S. Court of Appeals for the Sixth Circuit rejected the EEOC’s guidelines (and split with several other circuits) to hold that the standard for holding an employer...more

A&O Shearman

UK FCA issues updated Enforcement Information Guide

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The UK Financial Conduct Authority published an updated Enforcement Information Guide, which reflects changes in the FCA Handbook to its revised Enforcement Guide (ENFG) and the Decision Procedure and Penalties manual (DEPP)....more

Quarles & Brady LLP

State Privacy Enforcement Heats Up: Key Actions and Compliance Trends Every Business Needs to Know

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It’s not just the summer temperatures that are rising; privacy enforcement is heating up across the nation, too. As states ramp up their monitoring and regulatory actions, businesses are finding themselves at the crossroads...more

Davies Ward Phillips & Vineberg LLP

Canadian Competition Bureau Releases Final Guidance on Environmental Claims

The Canadian Competition Bureau (Bureau) recently released the final version of its guidance titled Environmental claims and the Competition Act (Guidelines). The Guidelines follow draft guidance, released in December 2024,...more

Foley & Lardner LLP

The Trump Administration 2.0’s FCPA Enforcement Strategy: What You Need to Know

Foley & Lardner LLP on

On June 9, 2025, the U.S. Department of Justice (DOJ) released significant new guidance outlining how it will pursue cases under the Foreign Corrupt Practices Act (FCPA), marking a reorientation in U.S. anti-bribery...more

K&L Gates LLP

Key Takeaways From the UK Financial Conduct Authority's Revised Enforcement Guide

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Following a two-part consultation, which began in February 2024 (i.e., CP 24/2 and CP 24/2: Part 2) and was accompanied by a Policy Statement (PS25/5) setting out the UK Financial Conduct Authority’s (FCA) consultation...more

Troutman Pepper Locke

DOJ’s Revised Self-Disclosure Policy May Offer Companies More Certainty

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Last month, the DOJ Criminal Division (Division) revised its Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP), introducing several potentially significant changes intended to further incentivize companies to...more

DLA Piper

DOJ’s Revised Policy on Crediting Fines: Emphasis on Victims

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Without fanfare, the Department of Justice (DOJ or the Department) has published a memorandum revising its policy on when – and how – it will give credit to companies for fines and other payments made to other agencies,...more

DLA Piper

Private Equity Acquirer Avoids “Unicat-astrophe” Following Voluntary Disclosures to the DOJ

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The US Department of Justice (DOJ) announced that it has formally declined to prosecute private equity firm White Deer Management LLC (White Deer) and certain of its affiliates in connection with criminal violations of US...more

Nossaman LLP

DOJ Issues New FCPA Enforcement Guidelines

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New factors for investigating and enforcing the Foreign Corrupt Practices Act were recently released by head of the Criminal Division of the U.S. Department of Justice (DOJ) in, “Guidelines for Investigations and Enforcement...more

American Conference Institute (ACI)

[Webinar] Unpacking the DOJ's New FCPA Enforcement Guidelines and What it Means for the Future - June 26th, 2:00 pm - 3:00 pm ET

On June 9, 2025, the U.S. DOJ issued new FCPA enforcement guidelines to the global anti-corruption community, effectively ending the recent enforcement pause. This newly released enforcement framework signals a focused and...more

Carlton Fields

One Fell Swoop: SEC Erases Ambitious Gensler-Era Rulemaking Agenda

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On June 12, 2025, the Securities and Exchange Commission issued a release announcing that it was withdrawing 14 notices of proposed rulemaking issued between March 2022 and November 2023 and stating that it “does not intend...more

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

New York’s Child Data Protection Act: Key Takeaways From the Attorney General’s Implementation Guidance

In anticipation of the June 20, 2025, effective date of the New York Child Data Protection Act (NYCDPA), the Office of the New York State Attorney General (OAG) recently released implementation guidance that provides critical...more

Morrison & Foerster LLP

Texas Federal Court Vacates Gender Identity-Related Sections of the EEOC’s 2024 Harassment Guidance but Other Sections Remain...

On May 15, 2025, a federal district court in Texas vacated sections of the Equal Employment Opportunity Commission’s (EEOC or the “Commission”) 2024 Enforcement Guidance on Harassment in the Workplace (the “2024 Enforcement...more

Katten Muchin Rosenman LLP

Updated FCPA Guidance

Shortly after taking office President Trump signed an executive order titled, “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security.” Among other things, President Trump...more

Alston & Bird

FCPA Pause, We Hardly Knew Ye: The DOJ Issues New FCPA Enforcement Guidance

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Our White Collar, Government & Internal Investigations Team analyzes new guidance from the Department of Justice that signals continued—and potentially heightened—enforcement of the Foreign Corrupt Practices Act....more

Seyfarth Shaw LLP

Trump Budget Plan Proposes Big Cuts to OSHA, Lowering Head Count and Limiting Enforcement Capabilities

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The Trump Administration’s fiscal year 2026 budget proposal includes big cuts for OSHA. The Fiscal Year 2026 Congressional Budget Justification is available...more

Seyfarth Shaw LLP

Nominee for OSHA Chief David Keeling Testifies Before Senate Committee, Outlines Workplace Safety Priorities and Workplace...

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On Thursday, June 5, 2025, OSHA Nominee David Keeling testified that he plans to adopt a more cooperative, proactive approach and pursue a new workplace violence regulation....more

Blake, Cassels & Graydon LLP

Competition Bureau Releases Guidelines on Environmental Claims

On June 5, 2025, the Competition Bureau (Bureau) released its highly anticipated final guidance on the new environmental claims provisions, also known as greenwashing, under the Competition Act (Act) (Guidelines)....more

Latham & Watkins LLP

Key Insights on President Trump Executive Order Limiting Criminal Enforcement of Regulatory Offenses

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The executive order shifts policy on enforcement of criminal regulatory offenses, steering away from criminal enforcement of strict liability offenses in regulatory matters....more

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