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Continue Reading Look Before You Release — ASBCA Enforces Release of Claims to Contractor’s Detriment

Introduction

On 25 May 2020, the European Commission (“Commission”) has published its Final Report of the support studies for the evaluation of its Vertical Block Exemption Regulation (“VBER”) and the accompanying Guidelines on Vertical Restraints (the “Final Report”). The Final Report was published following a public consultation from 4 February…
Continue Reading The revision of the Vertical Block Exemption Regulation – What is likely to change?

Understandably, much of the commentary following the release of the Supreme Court’s blockbuster decision in Trump v. Mazars USA, LLP has focused on the impact of the Court’s ruling on the long-running quest for the President’s tax returns and other financial records.  Buried in the Court’s opinion, however, is an

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Continue Reading The Supreme Court’s Mazars Decision Contains a Significant Suggestion That Congress May Be Bound by the Attorney-Client Privilege in Congressional Investigations

Although it is usually good news for a protester when an agency takes corrective action, the corrective action sometimes fails to adequately address the protest grounds.  When this occurs, a protester may wish to file a new protest challenging the agency’s corrective action.  The question of when to file a

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Continue Reading GAO Clarifies Timing for Corrective Action Protest

Today, July 7, 2020, the Consumer Financial Protection Bureau (“CFPB”) released final amendments to its small-dollar lending rule published in November 2017 (the “2017 Rule”), specifically repealing the mandatory underwriting provisions of the rule.  The CFPB did not rescind or alter the payments provisions of the 2017 Rule,

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Continue Reading CFPB Finalizes Amendments to Payday Lending Rule

Next week will be a mixed plenary and committee and political group week for the Members of the European Parliament (“MEPs”).  Several interesting votes and debates are scheduled to take place.

On Monday and Tuesday, German ministers will lay out their priorities for the German Presidency of the Council of …
Continue Reading The Week Ahead in the European Parliament – Friday, July 3, 2020

In a unanimous ruling, the D.C. Circuit shed new light this week on the applicability of key federal criminal statutes on proceedings before the Office of Congressional Ethics (“OCE”).  While largely removing the prospect of criminal obstruction liability for parties responding to inquiries from OCE, the court’s opinion is…
Continue Reading D.C. Circuit Rules Obstruction of Office of Congressional Ethics Not a Crime, but Questions and Risks Remain

On June 17, 2020 South African President Cyril Ramaphosa announced government’s intention to further ease the lockdown restrictions imposed due to COVID-19, allowing more industries to re-open fully under stringent health and safety protocols. This announcement comes two weeks after the government de-escalated the country from Alert Level 4 to

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Continue Reading South Africa Prepares to Further Ease Lockdown Restrictions

Next week will be a committee and political group week for the Members of the European Parliament (“MEPs”) in Brussels.  Several interesting debates are scheduled to take place.

On Monday, the Committee on Civil Liberties, Justice and Home Affairs (“LIBE”) will have an exchange of views on the establishment of…
Continue Reading The Week Ahead in the European Parliament – Friday, June 26, 2020

On May 20th the U.S. Commodities Futures Trading Commission (the “CFTC”) Division of Enforcement (the “Division”) announced new guidance for Division staff to consider when recommending civil monetary penalties in an enforcement action (the “CMP Guidance” or the “Guidance”).  As a former CFTC regulator who brought dozens of cases over

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Continue Reading CFTC’s Civil Monetary Penalty Guidance: A Perspective from a Former CFTC Regulator