affirmative civil enforcement

By Andrew H. PerellisJeryl L. Olson, Brent I. ClarkPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis:  The regulated community had a pleasant surprise from President Trump this week.  The President issued two executive orders that have the stated intent to make closeted or last minute agency guidance and interpretations of federal rules
Continue Reading President Issues Executive Orders on Guidance Documents and Transparency

By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis:  In another business-friendly move, the U.S. Department of Justice (DOJ) recently updated its Justice Manual to clarify that it “should not treat a party’s noncompliance with a guidance document as itself a violation of applicable statutes or regulations [or to] establish a violation by
Continue Reading Still Business-Friendly Times – DOJ Limits the Use of Agency Guidance Documents in Civil Enforcement

By Jeryl L. OlsonPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis:  In another business-friendly move, the U.S. Department of Justice (USDOJ) recently directed its Attorneys to not use its civil enforcement authority for violations based on agency guidance documents.

On January 25, 2018, Associate Attorney General Rachel Brand released an Department memo “Limiting Use
Continue Reading Business-Friendly Times – USDOJ Limits the Use of Agency Guidance Documents in Civil Enforcement