News & Analysis as of

Enforcement Guidance

Maynard Nexsen

Title VII: What Constitutes Discrimination on the Basis of Sex?

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On May 15, 2025, the district court for the Northern District of Texas issued an order vacating the gender-identity portions of the EEOC’s 2024 Enforcement Guidance. In the order, District Judge Matthew J. Kacsmaryk stated...more

McAfee & Taft

Court strikes down EEOC’s sexual orientation and gender identity guidelines

McAfee & Taft on

A federal court’s ruling last week striking down the Equal Employment Opportunity Commission’s guidelines on gender identity and sexual orientation harassment in the workplace got the attention of employers around the...more

Constangy, Brooks, Smith & Prophete, LLP

Court scraps EEOC guidance on pronouns, restrooms, and dress

Don't expect the EEOC to appeal. In April 2024, the U.S. Equal Employment Opportunity Commission issued Enforcement Guidance on Harassment in the Workplace. The Enforcement Guidance addressed, among other things, harassment...more

Bowditch & Dewey

Federal District Court Vacates EEOC Guidance on Transgender Workplace Protections

Bowditch & Dewey on

On May 15, 2025, the U.S. District Court for the Northern District of Texas ruled that the U.S. Equal Employment Opportunity Commission (“EEOC”) overstepped its authority by issuing guidance that extended certain workplace...more

Littler

Federal Court Vacates EEOC Harassment Guidance Regarding LGBTQ Individuals

Littler on

On May 15, 2025, the U.S. District Court for the Northern District of Texas vacated portions of the Equal Employment Opportunity Commission (EEOC)’s Enforcement Guidance on Harassment in the Workplace relating to LGBTQ...more

Poyner Spruill LLP

DOL Enforcement Guidance Underscores Favorable Shift for Contractor Classifications

Poyner Spruill LLP on

On May 1, 2025, the United States Department of Labor (“DOL”) published the first Field Assistance Bulletin of the year providing guidance to Wage and Hour Division (“WHD”) field staff regarding the proper analysis to apply...more

Carlton Fields

Shifting Priorities in White Collar Enforcement: May 2025 DOJ Memo and What It Means for Companies

Carlton Fields on

On May 12, 2025, the Department of Justice (DOJ) Criminal Division announced significant changes in its policies on investigating and prosecuting white collar crime, including a shift in focus toward several areas deemed to...more

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

Federal Court Nullifies EEOC Guidance on LGBTQ+ Protections

On May 15, 2025, a federal court vacated portions of the U.S. Equal Employment Opportunity Commission’s (EEOC) workplace harassment guidance, specifically, guidance on harassment based on sexual orientation and gender...more

Fisher Phillips

Federal Judge Scraps Biden EEOC’s Gender Identity Guidance: Here’s What It Means for the Workplace

Fisher Phillips on

A federal judge in Texas just ruled that the Equal Employment Opportunity Commission (EEOC) exceeded its authority by issuing enforcement guidance requiring bathroom, dress, and pronoun accommodations. In Thursday’s order...more

Troutman Pepper Locke

DOJ’s Criminal Division Announces Updates to White-Collar Enforcement and Corporate Policies

Troutman Pepper Locke on

On May 12, 2025, the Head of the Criminal Division (the Criminal Division or Division) at the Department of Justice (DOJ), Matthew R. Galeotti, issued key memoranda to Criminal Division personnel on the Division’s new...more

Foley & Lardner LLP

DOL Alters Enforcement Position on Independent Contractors

Foley & Lardner LLP on

On May 1, 2025, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden administration — a...more

Fisher Phillips

DOL Easing Up on Independent Contractor Misclassification Enforcement: 3 Key Points on This Big Win for Businesses

Fisher Phillips on

Businesses that rely on freelancers or the “gig economy” have cause for optimism now that the Department of Labor just announced it will no longer enforce a Biden-era final rule that made it harder to classify workers as...more

Venable LLP

DOJ Data Security Program Key Developments: A 90-Day "Good Faith" Extension, Compliance Guide, and Extensive FAQs

Venable LLP on

On April 11, the Department of Justice's National Security Division (NSD) published new guidance on recent measures to restrict the ability of adversarial foreign governments and other foreign entities of concern to access...more

Seyfarth Shaw LLP

Updated SFO Guidance: Familiar Framework, Sharper Focus—Timing Is Everything

Seyfarth Shaw LLP on

The Serious Fraud Office (SFO) is raising the stakes. With the publication of new Co-operation and Enforcement Guidance on 24 April 2025, the agency is ramping up enforcement and clarifying expectations for corporate...more

BCLP

Update: Digital Markets, Competition and Consumer Act - What can we expect from the CMA?

BCLP on

2025 has already been a busy year in UK consumer protection law. With the CMA having issued its annual plan for 2025 / 2026 on 27 March 2025 and its new enforcement powers under the Digital Markets, Competition and Consumer...more

BakerHostetler

CFTC Provides Clarifying Guidance on Material Violations Regarding Self-Reporting, Cooperation, and Remediation System

BakerHostetler on

As we previously reported, in February, the CFTC’s DOE issued an enforcement advisory (the DOE Advisory) to provide guidance to market participants on how the DOE will evaluate a company’s or an individual’s conduct in the...more

Holland & Knight LLP

Colleges and Universities Must Report Certain Foreign Gifts and Contracts

Holland & Knight LLP on

In light of recent enforcement activity, institutions of higher education should review their reporting and disclosure obligations related to foreign entities and individuals under Section 117 of the Higher Education Act (20...more

Troutman Pepper Locke

Recent DOJ Intervention Highlights FCA Use Against Customs Fraud

Troutman Pepper Locke on

With the Trump administration’s new tariffs, some companies may be looking for ways to compensate for increased costs of imports. Companies operating in the international supply chain must be aware that any attempts to...more

Troutman Pepper Locke

Predicting Where State AGs Will Direct Their Attention in 2025

Troutman Pepper Locke on

In the first installment of this two-part article, state attorneys general across the U.S. took bold action in 2024 to address what they perceived as unlawful activities by corporations in several areas, including privacy and...more

Troutman Pepper Locke

The FTC Shines Its Spotlight on the Top Text Scams of 2024

Troutman Pepper Locke on

As technology advances, so do the tactics of scammers. The Federal Trade Commission (FTC) recently released a data spotlight on the top text scams of 2024, revealing a significant increase in financial losses despite a...more

BakerHostetler

DOJ’s New Policy on Prosecutions to Focus on Bad Actors, Not Digital Asset Industry

BakerHostetler on

On April 7, 2025, Deputy Attorney General Todd Blanche announced in a memorandum to all DOJ employees (the “Blanche Memorandum”) that the DOJ “will stop participating in regulation by prosecution” and “no longer pursue...more

Vorys, Sater, Seymour and Pease LLP

NLRB Signals New Direction: Acting GC Revokes Key Predecessor Memos

On February 14, 2025, the National Labor Relations Board’s (NLRB) Acting General Counsel (GC) William B. Cowen circulated a GC memorandum to all NLRB field offices, revoking certain GC memoranda issued by former General...more

Mayer Brown

DOJ and EEOC Issue Guidance Regarding “Unlawful DEI-Related Discrimination”

Mayer Brown on

On March 19, 2025, the US Department of Justice (“DOJ”) and US Equal Employment Opportunity Commission (“EEOC”) issued a joint press release announcing two technical assistance documents addressing diversity, equity, and...more

Troutman Pepper Locke

SEC Reportedly Announces Major Reorganization of Enforcement and Exams Divisions

Troutman Pepper Locke on

The U.S. Securities and Exchange Commission (SEC) has reportedly announced internally a major reorganization of its enforcement and exams divisions. This restructuring, effective April 9, 2025, was detailed in a staff memo...more

Jones Day

The UK, France, and Switzerland Form New Anti-Corruption Enforcement Task Force

Jones Day on

On March 20, 2025, the UK's Serious Fraud Office ("SFO"), France's National Financial Prosecutor's Office ("PNF"), and the Office of the Attorney General of Switzerland ("OAG") announced the creation of a new task force to...more

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