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Inflation Reduction Act
Anti-Corruption Enforcement in Mexico: Your Integrity Policy Matters
On July 19, 2017, Mexico’s General Law of Administrative Accountability will go into effect. It is the final part of a historic package of far-reaching anti-corruption laws, dubbed the National Anti-Corruption System, that were passed last year. Taken as a...
Data Breach Lawsuit Survives Motion to Dismiss
In an April 13, 2017 decision in Walters v. Kimpton Hotel , 1 a California federal judge rejected the bid of hotel chain Kimpton Hotel and Restaurant Group, LLC to dismiss a proposed class action arising from a data breach...
EPA Seeks Public Comment on Existing Regulations for Repeal, Replacement or Modification
On April 13, 2017, the U.S. Environmental Protection Agency (EPA) announced that it is seeking comments from the public on existing regulations that the Agency should consider repealing, replacing, or modifying. 82 Fed. Reg. 17793 (Apr. 13, 2017). EPA issued...
EPA Proposes to Delay the Effective Date of RMP Rule Amendments to 2019
On April 3, 2017, the U.S. Environmental Protection Agency (EPA) published a proposed rule that would delay the effective date of the recent Risk Management Program (RMP) rule amendments to February 19, 2019. 82 Fed. Reg. 16146 (Apr. 3, 2017)...
Tech Rally – Industry Giants Back Google's Play to Protect Data
On March 10, 2017, Google Inc. filed its objection to a Pennsylvania magistrate judge's order to comply with search warrants and turn over personal user data partially stored on foreign servers abroad. A number of technology companies, including Yahoo!, Microsoft...
Another Win for Respondents’ Rights: District Court Opines on the Scope of De Novo Review
On March 8, 2017, the U.S. District Court for the Eastern District of California issued an order affirming that ETRACOM LLC and its owner (the “Respondents”) are entitled to a full trial on the merits and discovery rights in an...
New York DFS Finalized Cybersecurity Regulations Go Into Effect March 1, 2017
On February 16, 2017, the New York State Department of Financial Services (DFS) announced the final version of the “first-of-its-kind” cybersecurity regulations governing financial institutions, insurance companies, and other DFS-regulated entities. The regulations will become effective March 1, 2017, with...
SEC Announces Expedited Program to Vacate pre-Dodd Frank Collateral Bars from Non-Associated Industries
On January 17, 2017, the U.S. Court of Appeals for the D.C. Circuit vacated in part a Securities and Exchange Commission (SEC) order that imposed a collateral bar against Gregory Bartko, the former CEO and chief compliance officer of a...
DOJ Releases New Guidance on Compliance Programs
On February 8, 2017, the Fraud Section of the Department of Justice (“DOJ”) quietly published pointed and specific guidance on how it assesses – and intends to assess – compliance programs in a report titled “Evaluation of Corporate Compliance Programs”...
To Obtain Data Abroad, Government Just Googles It
As technology companies expand globally they increasingly are storing customer electronic data in servers outside the United States. To keep apace, the Justice Department has become more creative in adapting existing legal instruments and more persistent in advancing arguments to...
What Will Be the Fate of PHMSA’s Final Hazardous Liquids Pipeline Rule?
On January 13, 2017, just one week before President Trump’s inauguration, PHMSA released final updates to the Pipeline Safety Regulations applicable to onshore transportation of hazardous liquids (“Final Rule”) . The Final Rule was then subject to the Priebus Memo...
President Trump Takes First Steps On Dodd-Frank Reform
Today, the Trump Administration took initial action toward Dodd-Frank reform. President Trump signed two Presidential actions—one Executive Order regarding the Dodd-Frank Act more broadly, and one Presidential Memorandum regarding the “Fiduciary Rule.” The first action is an Executive Order that...
SEC Releases 2017 Examination Priorities
On January 12, 2017, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) published its 2017 examination priorities. 1 OCIE’s 2017 priorities, which largely mirror its 2016 priorities, cover three areas: (1) protecting retail investors, (2) focusing on risks specific...
President Trump Directs Federal Agencies to Solicit Input from the Manufacturing Sector on Streamlined Permitting and the Reduction of Regulatory Burdens
In his first week in office, President Trump has signed several Presidential Memoranda and Executive Orders aimed at encouraging domestic infrastructure development. Many of these executive actions direct federal agencies to adhere to a pair of central tenets, i.e., expedited...
Modern Enforcement: Rolls-Royce’s $800 Million Global Settlement
Rolls-Royce plc, a UK-based company that manufactures engines and generators for the aerospace, defense, marine, and energy sectors, has agreed to pay over $800 million to resolve parallel investigations by U.S., UK, and Brazilian authorities into a long-running scheme to...