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Regulatory Litigation Blog

Holland & Knight's Regulatory Litigation Blog addresses federal regulatory issues and cases brought by and against the federal government, including regulatory and statutory enforcement actions, challenging agency actions under the Administrative Procedure Act, and testing the constitutionality of legislative and regulatory schemes.

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On Nov. 2, 2018, the Securities and Exchange Commission (SEC) released its fiscal year 2018 enforcement statistics. There was significant speculation about whether the recent downward trend in the number of enforcement actions filed and the amount of money secured by the SEC would continue, with some speculating that it would. Those predicting a continued reduction in SEC enforcement activity were wrong.
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November 9, 2018
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It's an old aphorism that "you can't fight City Hall." Now it's time to add a related aphorism: "you can't sue the government under the federal Defend Trade Secrets Act (DTSA) for disclosing your trade secrets" – at least so long as the disclosure is lawful under existing law apart from the DTSA.
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October 17, 2018
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In United States of Am. ex rel. Derrick v. Roche Diagnostics Corp., No. 1:14-cv-04601, 2018 WL 2735090 (N.D. Ill. June 7, 2018), the court denied motions to dismiss filed by Roche Diagnostics and Humana in a qui tam action brought by a former employee alleging that Roche and Humana engaged in a scheme that violated the Anti-Kickback Statute (AKS) and False Claims Act (FCA).
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October 1, 2018
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Partner Steven Gordon examined the decision to illustrate the impact that the remedy of injunctive relief has on judicial review of executive orders.
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September 26, 2018
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An investment advisor could not convince the D.C. Circuit that the recent Supreme Court decision in SEC v. Lucia meant an end to his legal troubles. Instead of setting aside an SEC administrative law judge (ALJ)’s multi-million dollar judgment against the investment advisor and his firm, the D.C. Circuit remanded the case back to the agency for a new hearing before a different ALJ.
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September 25, 2018
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Lawsuits over website accessibility for persons with visual and hearing impairments have become commonplace, and serial plaintiffs and their law firms have become accustomed to quick settlements following their claims that a retailer's website is inaccessible.
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Is a federal court determining foreign law required to treat as conclusive a submission from a foreign government interpreting its law? The U.S. Supreme Court confronted this question in a case involving price-fixing claims against Chinese sellers of vitamin C. In an opinion released yesterday, the Court determined that the views of the Chinese government that its laws compelled the Chinese conspirators to fix prices and output of Vitamin C are entitled to "respectful consideration" in U.S. courts, but not the "conclusive effect" provided by the Second Circuit. See Vitamin C Antitrust Litigation (Animal Science Products, et al. v. Hebei Welcome Pharmaceutical Co. Ltd. et al.), No. 16-1220, 585 U.S. __ (2018)).
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June 15, 2018
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A moratorium against the conversion or closure of gas stations in the District of Columbia has come under constitutional attack. The property owners have won the first round.
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Once the airplane leaves the gate, it's too late to try to get on board. And once the Federal Aviation Administration (FAA) issues a Record of Decision about new departure procedures, you have only a short time to petition for review.
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March 28, 2018
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On Feb. 26, 2018, Judge Randolph D. Ross of the United States District Court for the District of Columbia dismissed a complaint filed by several public interest groups challenging President Donald Trump's Executive Order requiring all agencies to repeal two existing regulations for each new regulation issued.
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March 7, 2018
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The U.S. Department of Labor (DOL) closed out 2017 by entering into yet another settlement agreement with the trustee of an employee stock ownership plan (ESOP).
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According to the Supreme Court in Digital Realty Trust, Inc. v. Somers, an employee must report suspected misconduct to the SEC, and not simply to a supervisor, to qualify as a “whistleblower” under the Dodd-Frank Act.
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February 23, 2018
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In an about-face, on Jan. 31, 2018, the U.S. Court of Appeals for the District of Columbia Circuit rejected PHH Corp.'s high profile constitutional challenge to the Consumer Financial Protection Bureau's (CFPB) single-director structure. In the opinion for the Court, Judge Pillard announced there to be nothing "constitutionally suspect" about the CFPB's structure, finding the Bureau's degree of independence from the President sanctioned by Supreme Court precedent. This decision comes in the midst of a sea change at the Bureau wrought by President Trump's appointed Acting Director, Mick Mulvaney, after the departure of former Director Richard Cordray's departure from the Bureau to run for Governor of Ohio.
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The U.S. Supreme Court on Jan. 22, 2018, issued a unanimous opinion in National Association of Manufacturers. v. Department of Defense, No. 16-299, 583 U.S. ___ (2018), holding that the federal district courts, not the federal courts of appeals, have sole original jurisdiction to hear legal challenges to the Clean Water Act (CWA) "Waters of the United States" rule (2015 WOTUS Rule) promulgated by the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) in June 2015. As a result, numerous challenges to the WOTUS Rule that were consolidated in the U.S. Court of Appeals for the Sixth Circuit will be dismissed and the Sixth Circuit's nationwide stay of the WOTUS Rule will be lifted.
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February 2, 2018
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The Department of Housing and Urban Development (HUD) has announced that it is awarding $37 million as part of its Fair Housing Initiatives Program (FHIP) to approximately 100 fair housing organizations and nonprofit agencies in 44 states and the District of Columbia.
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February 1, 2018
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The Wall Street Journal recently reported that a growing number of brands are pushing back on the growth of large online retailers by adopting and enforcing Minimum Advertised Price (MAP) policies, among other strategies.

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August 10, 2017
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As we recently observed, the antitrust enforcement agencies believe they have the tools they need to catch people attempting to use modern technology to evade the century-old Sherman Act.
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August 9, 2017
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We recently reported how the controversial new Consumer Financial Protection Bureau (“CFPB”) rule (issued on July 10, 2017) may increase the risk of class actions for bank and credit card companies.
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Under a controversial new final rule issued by the Consumer Financial Protection Bureau (CFPB) on July 10, 2017, banks and credit card companies are prohibited from forcing consumers into arbitration to avoid class action lawsuits.
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