In a little-noticed memorandum (“the Memo”) issued on August 31, 2020, by the Office of Information and Regulatory Affairs (“OIRA”) within the Office of Management and Budget (“OMB”), the Trump Administration provided new guidance to executive branch agencies, detailing best practices for enforcement actions. This guidance appears to apply to enforcement activities undertaken by a wide range of federal agencies including the Food and Drug Administration, the Securities and Exchange Commission (“SEC”), the Federal Trade Commission, and agencies within the Department of Justice (“DOJ”), among many others. Exactly how the various agencies will adopt these recommended best practices remains to be seen.
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