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Beware of H-1B Wage Law Violations: Company to be Debarred, Ordered to Pay Over $120,000 in Penalties and Back Pay for H-1B/LCA...

A recent case before the Office of Administrative Law Judges (ALJ) is a compelling reminder that violations of H-1B wage requirements can result in significant financial penalties and fines. Moreover, violations of H-1B...more

Patton Boggs Insights - December 2012: Enforcement: $950,000 Settlement In Crandall Canyon Mine Accident

The Crandall Canyon Utah coal mine operator agreed to pay $949,351 to settle civil penalties MSHA levied following an accident in 2007 that took the lives of . six miners, followed by the deaths of three additional personnel,...more

Company Director Jailed For Ontario Employment Standards Violations

A director of six Ontario companies has been sentenced to 90 days in jail after those companies systematically ignored orders to pay wages issued by the Ontario Ministry of Labour. The Ontario Employment Standards Act, 2000...more

Meningitis Suits Stand To Benefit From FDA Criminal Probe

Originally published in Law360, New York on October 18, 2012. If the U.S. Food and Drug Administration's recent raid of the pharmacy at the center of the ongoing meningitis outbreak leads to criminal charges, attorneys...more

Department of Justice Enters Historic Agreement with Poker Stars, Full Tilt Poker

Full Tilt Poker, Poker Stars, and the U.S. Department of Justice announced today that Poker Stars will acquire Full Tilt Poker’s assets in a transaction that ends the DOJ’s civil forfeiture case against Full Tilt. Both Full...more

$200,000 Criminal Safety Fine for Company, $90,000 OHSA Fine for Director in Deaths of 4 Workers

We recently reported that Metron Construction had pleaded guilty to criminal negligence in respect of the Christmas Eve 2009 deaths of four workers who fell 13 floors when a suspended work platform collapsed. On Friday,...more

InfoBytes Special Alert: DOJ Increasingly Pursuing Both Monetary and Non-Monetary Relief in Civil Enforcement Actions

Last month, in a potentially significant but largely overlooked development, the Department of Justice ("DOJ") signaled that it would "increasingly" pursue "innovative, non-monetary measures" when it settles civil fraud...more

Tackling Internal Fraud: Weeding Out The Enemy Within

Advancements in technology have made fraudulent schemes easier to perpetrate, and have allowed criminal activity to expand in both quantity and nature. Today, corporate fraud is limited only by the creativity of the...more

Participatory Loan Agreements: Usury Provisions and Equity Sweeteners

When lending to borrowers poised for growth, it is not uncommon for lenders to include mechanisms for them to capitalize on the future growth of the borrower, be it through warrants or other equity sweeteners (often known as...more

Private Suits Under FCPA — An Ill-Advised Idea

Late last year, Rep. Ed Perlmutter (D-Colo.) introduced a bill in the House of Representatives that would amend the Foreign Corrupt Practices Act (FCPA) to permit private suits against certain foreign companies and...more

Focus of Internet Poker Settlement: ENFORCEMENT

Recent reports are that a deal has been agreed to by all interested parties which would allow the sale of Full-tilt assets to a French Company (GBT). As reported part of the purchase includes a payment of $80M USD by the...more

ACLU Wins FOIA Appeal on Prosecutors’ Use of Cell Phone Location Data

For some time now, the American Civil Liberties Union has been concerned about some federal prosecutors’ practice of seeking court orders to track the location of people’s cell phones without probable cause, arguing that this...more

Investigating Sexual Assault Claims - Even Private Colleges Are Vulnerable

A recent Tennessee federal jury case involving a private university reminds the academy of the critical need to balance fairly the interests of the accused and accuser in investigating sexual assault cases. While private...more

Judge Awards $1.7 Million in EPA Malicious Prosecution Case

On September 30, 2011, the U.S. District Court for the Western District of Louisiana ordered the United States to pay $1.7 million in a malicious prosecution lawsuit to Hubert Vidrine, based on findings that the U.S....more

Two Federal Geolocation Tracking Bills Introduced

Bills limiting the use of geolocation information collected from mobile and other devices were introduced in both chambers of Congress in June. The Location Privacy Protection Act of 2011 (S. 1223) and The Geolocation Privacy...more

Federal Judge Blocks Certain Provisions of Georgia Immigration Law

On June 27, 2011, U.S. District Court Judge Thomas Thrash granted a temporary injunction on key parts of the Georgia Immigration law due to go into effect on July 1, 2011. The Judge ruled that the criminal provisions of the...more

Health Headlines - March 21, 2011

In This Issue: - Recent Prosecutions Reflect Heightened Focus by Regulators on Individual Liability of Healthcare Executives - HHS Proposes to Allow State Data Mining for Medicaid Fraud - Eleventh Circuit...more

New N.Y. Wage Theft Prevention Act Requires Employers to Provide More Detailed Notices to Employees and Includes Enhanced Penalty...

At the end of his term in December 2010, New York Governor David A. Paterson signed the Wage Theft Prevention Act (“WTPA”) (Senate Bill 8380/Assembly Bill 11726) into law thereby revising portions of Articles 6 (Payment of...more

Employment Law Alert - October 2010

Welcome to our October 2010 edition of Employment Law Alert, in which we consider several recent employment law developments in Hong Kong covering a wide range of regular issues for human resources practitioners and in-house...more

Unlawful detention by Magistrates Courts – a test case in waiting?

There is a potential way for recovering compensation from Magistrates Courts or, at least, challenging the law that provides them with immunity. This applies to cases where the Magistrates or their clerks have detained...more

China's Supreme People's Court Publishes White Paper on Intellectual Property Protection by Chinese Courts

On April 20, 2010, China’s Supreme People’s Court published its first Intellectual Property Protection by Chinese Courts in 2009 White Paper (“White Paper”). The White Paper provides a review of Intellectual Property Rights...more

Supreme Court Opens Door For State Suits Against National Banks

The Supreme Court today issued its decision in Cuomo v. The Clearing House Association and Office of the Comptroller of Currency, No. 08-453. Summary The Court ruled that the National Bank Act's grant of visitorial...more

New Law Expected to Add Teeth to Current Counterfeiting Laws

Recognizing that the increase in willful violations of U.S. counterfeiting laws pose a serious threat to the economy, both chambers of Congress finally passed the Prioritizing Resources and Organization for Intellectual...more

Bardfield v. O'Leary

Memorandum in Support of Opposition to Summary Judgment

This is the Opposition to Defendant's Motion for Summary Judgment in a case challenging the imposition of a "range test" where both statute and regulation state no such testing is required....more

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