News & Analysis as of

Waivers Enforcement Actions

Akin Gump Strauss Hauer & Feld LLP

The Future of FCA Enforcement: Key Changes to the FCA's Streamlined Enforcement Guide

On 3 June 2025, the UK Financial Conduct Authority (FCA)’s updated Enforcement Guide (ENFG or the Guide) came into force. The ENFG, which replaces the previous Enforcement Guide (referred to as ‘EG’) from 2007, describes the...more

White & Case LLP

New Orders Lifting Bars Signal Shift by SEC

White & Case LLP on

In recent months, the U.S. Securities and Exchange Commission has signaled a shift in its approach to applications to lift administrative bars that restrict participation in the securities industry. This suggests there is...more

Zelle  LLP

Itemized Appraisal Ordered Over Delay and Coverage Dispute Objections: A Shift in the Appraisal Enforcement Paradigm?

Zelle LLP on

In a recent decision, Gray v. Philadelphia Contributionship, 748 F. Supp. 3d 367 (D. Md. 2024), U.S. District Judge James K. Bredar granted a policyholders’ motion to compel appraisal and stayed litigation in a diversity...more

Orrick, Herrington & Sutcliffe LLP

FDIC releases February enforcement actions, terminates 100 waivers

On March 28, the FDIC released a list of administrative enforcement actions taken against banks and individuals last month. During February, the FDIC issued seven safety and soundness orders, including one order terminating a...more

Hicks Johnson

Texas Supreme Court Ruling Limits Governmental Immunity in Contract Disputes

Hicks Johnson on

On April 12, 2024, the Texas Supreme Court handed down two decisions clarifying its interpretation of governmental immunity and waiver under Section 271.152 of the Texas Local Government Code. Governmental units, including...more

Jackson Walker

SEC Adopts Sweeping New Private Fund Adviser Rules

Jackson Walker on

On August 23, 2023, the U.S. Securities and Exchange Commission (“SEC”), by a party-line vote of 3-2, adopted new rules applicable to investment advisers to private funds (“Private Fund Advisers”) that address transparency,...more

Proskauer - Corporate Defense and Disputes

Father Sometimes Knows Best: District Court Blasts SEC’s “No Admit, No Deny” Provisions

In a scathing opinion, Southern District of New York Judge Ronnie Abrams recently blasted the SEC’s standard demand that defendants settling with the Commission agree never to deny the allegations against them. Judge Abrams’...more

UB Greensfelder LLP

Barclays AWC Teaches Important Lessons About The Price To Pay For Not Heeding Exam Findings

UB Greensfelder LLP on

There is no question in my mind that the quality of FINRA examiners is a bit uneven. Some are smart and insightful and helpful; others are, well, not. Most of the time, they do know what they’re talking about. That means...more

King & Spalding

OIG Updates COVID-19 Administrative Enforcement FAQs With Question Regarding Ambulance Providers’ Waiver or Discount of Certain...

King & Spalding on

On May 5, 2021, OIG issued guidance on its COVID-19 Administrative Enforcement FAQs page stating that an ambulance provider or supplier waiving or discounting Medicare beneficiary cost-sharing obligations presents a low risk...more

McDermott Will & Emery

[Webinar] Telehealth in the Hot Seat: Proactive Compliance in the Face of Heightened Enforcement - April 27th, 12:00 pm - 1:00 pm...

McDermott Will & Emery on

Telehealth has become an integral part of care delivery, particularly in light of the waivers instituted during COVID-19. However, these flexibilities remain in flux and at the same time, government scrutiny and enforcement...more

Burr & Forman

Two SEC Commissioners Disagree with Stopping Contingent Settlement Offers

Burr & Forman on

Republican-appointee Commissioners Roisman and Peirce issued a statement on February 12 publicly disagreeing with Acting Chair Lee’s recent fiat discontinuing the Enforcement Division’s practice of proposing settlements that...more

Cooley LLP

Blog: Acting SEC Chair takes steps to bolster Enforcement

Cooley LLP on

The new Administration in Washington brings an expectation of change at the SEC in many areas, one of them being SEC Enforcement, where a shift toward more aggressive enforcement is anticipated. That change has already begun....more

Burr & Forman

SEC Reverts to Two-Step Enforcement Settlements and Waiver Requests

Burr & Forman on

On February 11, SEC Acting Chair Lee announced that the Commission no longer would permit settlements in enforcement actions to include, or be contingent on the grant of, waivers of statutory disqualifications that flow from...more

Sheppard Mullin Richter & Hampton LLP

Employee Separation Agreements Likely to Face Increased EEOC Scrutiny

The Equal Employment Opportunity Commission (“EEOC”)—the agency tasked with enforcing federal labor laws—was deputized by Congress in 1972 with authority to bring lawsuits against employers for violating anti-discrimination...more

ArentFox Schiff

Re-Thinking Made in America Preferences: President Biden Signs 'Made in America' Executive Order

ArentFox Schiff on

Calls for Significant Changes To Federal Domestic Preference Policy, Waivers, and Buy American Eligibility - President Biden signed an executive order (order or EO) on January 25, 2021, to direct more spending of the...more

UB Greensfelder LLP

The (Possible) Benefit Of Self-Reporting And Internal Discipline

UB Greensfelder LLP on

Historically, one of the surest ways to get yourself permanently barred from the industry is to forge a customer’s signature on something. According to the pertinent Sanction Guideline, at a minimum, a forgery, that is, a...more

Foley & Lardner LLP

Top 5 Telehealth Law Predictions for 2021

Foley & Lardner LLP on

With 2020 officially behind us, what does 2021 have in store for telemedicine and digital health policy? A year ago, our team predicted 2020 would bring “notable expansions in Medicare and Medicaid coverage” and “the...more

Bricker Graydon LLP

Anticipating COVID-19 enforcement action: Risks for providers

Bricker Graydon LLP on

Federal and local governments have issued numerous waivers and provided significant funding in order to enable health care providers to combat the COVID-19 pandemic. These waivers and additional funding have given providers...more

Health Care Compliance Association (HCCA)

[Virtual Event] 2020 COVID-19 Essentials for Healthcare Compliance Programs - July 21st, 11:00 am CT

HCCA has assembled a half-day virtual conference to help compliance professionals stay on top of the fast-moving changes caused by the COVID-19 pandemic. By participating in this event, you will hear directly from the...more

Stoel Rives LLP

Alaska Department of Environmental Conservation Issues No Action Assurance Memorandums in Response to COVID-19 Caused...

Stoel Rives LLP on

Last week, the Alaska Department of Environmental Conservation (“ADEC”) issued two No Action Assurance Memorandums, one from the Division of Water (“Water Memo”) and one from the Division of Air Quality (“Air Memo”), to...more

Brownstein Hyatt Farber Schreck

EPA Issues Enforcement Discretion Policy During COVID-19

The Environmental Protection Agency (EPA) has issued a memorandum describing how and when the Agency will implement temporary enforcement discretion for certain federal environmental noncompliance during the COVID-19...more

Carlton Fields

SEC Now May Consider a Simultaneous Settlement Offer and Waiver Request

Carlton Fields on

Certain “bad actors” who settle with the SEC may be subject to automatic disqualifications or collateral consequences under federal securities laws and regulations. The Commission, however, may grant a settling party’s...more

WilmerHale

House Financial Services Committee Introduces Legislation to Overhaul SEC Waiver Process

WilmerHale on

Over the past several weeks, competing views have emerged from Capitol Hill and the SEC over how the Securities and Exchange Commission (“SEC” or “Commission”) should approach waivers of collateral consequences for parties...more

Stinson - Corporate & Securities Law Blog

SEC to Consider Settlement Offers and Waiver Requests Simultaneously

In a public statement, SEC Chairman Jay Clayton discussed the historical interplay between settlement offers and related waiver requests.  Chair Clayton noted...more

Morgan Lewis

Bad Actor Disqualification Act of 2019 Introduced in House

Morgan Lewis on

A recent bill has been introduced again in the US House of Representatives that would make it much tougher for firms subject to SEC enforcement actions to obtain waivers for bad actor disqualifications in federal securities...more

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