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Expert Analysis

DOJ Limitation On Agency Guidance Levels Playing Field

By Ronald Tenpas, Gregory Etzel, Holly Barker and James Nelson (February 2, 2018, 12:11 PM EST) -- U.S. Department of Justice litigators may no longer rely on guidance documents issued by federal agencies as binding on regulated entities for the purposes of affirmative civil enforcement litigation. The department also specified in a memorandum that such guidance documents cannot create any legal obligations for regulated entities....

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