Consent Decrees

News & Analysis as of

EEOC Resolves Race Harassment Case for $180,000

NFI Logistics and Federal Agency Agree to Consent Decree - CHICAGO - The U.S. Equal Employment Opportunity Commission (EEOC) today resolved its race and national origin harassment suit against NFI Interactive Logistics...more

IRS Informally Rules Disgorgement Payments Under FDA Consent Decree May Be Deductible

In Internal Revenue Service Field Attorney Advice released May 22, 2015 (FAA 20152103F), the IRS Office of Chief Counsel expressed its informal view that the evidence suggests that the amount the taxpayer paid the United...more

Navigating Product Recalls

Recalls are in the news as much as ever. The number of units recalled in 2014 eclipsed the total from 2010-2013, combined. Takata’s recall is expanding to 34 million vehicles as the company enters a Consent Decree with NHTSA....more

Allegheny County Court Rules UPMC/Highmark Agreements Trump Consent Decrees

The ruling by Judge Ward of the Allegheny County Court of Common Pleas highlights another facet of the ongoing dispute between UPMC and Highmark. On February 18, 2015, Judge Ward of the Allegheny County Court of Common...more

FinCEN and Department of Justice Settle Anti-Money Laundering Charges Against Crypto-Currency Company Ripple Labs

On May 5, Ripple Labs (Ripple) entered into a consent decree with the Financial Crimes Enforcement Network (FinCEN), under which Ripple admitted to conduct that violated U.S. anti-money laundering (AML) laws and agreed to...more

Second Circuit Affirms Victory for Pandora On Music Streaming Rights

On May 6, 2015, in Pandora Media, Inc. v. American Society of Composers, Authors, and Publishers, the Second Circuit held that composers and music publishers cannot partially withdraw from the American Society of Composers,...more

When Does a Judge Refuse an Unopposed Motion to Enter a Consent Decree?

Last week, Judge John Copenhaver refused to allow a motion by the United States to enter a consent decree that would have resolved government claims against DuPont concerning alleged violations of the Clean Air Act, CERCLA,...more

Newport News Industrial Corporation Agrees to Pay $65,000 in EEOC Retaliation Lawsuit

Company Fired Employee for Complaining About Gender Discrimination, Federal Agency Charged - WILMINGTON, N.C. - Newport News Industrial Corporation has agreed to pay $65,000 and provide substantial injunctive relief to...more

EPA Announces Timeline For Renewable Fuel Standards

On April 10, 2015, the U.S. Environmental Protection Agency (EPA) lodged with the U.S. District Court for the District of Columbia a proposed consent decree to resolve litigation challenging the delay in issuing Renewable...more

Patterson-UTI Drilling to Pay $14.5 Million to Settle Claims of Race/National Origin Discrimination

Federal Agency Resolves Lawsuit Alleging Employer Tolerated Discrimination on Drilling Rigs, Punished Victims for Complaining - DENVER - Patterson-UTI Drilling Company LLC, a Snyder, Texas-based multistate oil drilling...more

EEOC Consent Decrees are its Most Powerful Enforcement Mechanisms

The vast majority of settlements between an employer and the Equal Employment Opportunity Commission (“EEOC”) take the form of a court-approved consent decree. This document is a public record designed to highlight and...more

The FCC Just Upped the Ante for Communications Providers and the FTC with a $25 Million Fine, a Detailed Information Security...

The FCC has been warning communications companies for months that protecting consumer privacy and information security is a top priority, and the recent announcement of a $25 million settlement with AT&T over its alleged...more

FCC Imposes Record Penalty for Data Breach

On Wednesday, April 8, the Federal Communications Commission (FCC) entered a consent decree and levied a $25 million civil penalty against AT&T to settle a data breach that exposed the information of nearly 280,000 customers....more

Implications of FCC's Record $25M Data Breach Settlement with AT&T

The Federal Communications Commission (“FCC”) announced today that AT&T Services, Inc. (“AT&T”) agreed to a $25 million settlement to resolve the Commission’s investigation into whether AT&T failed to protect the...more

Baldwin Supply Company to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Company Fired Man After His Heart Attack, Federal Agency Charged - MINNEAPOLIS - A Minneapolis-based distributor will pay $50,000 under a consent decree which resolves a disability discrimination lawsuit filed by the...more

Employer Found to Have Violated Consent Decree; Ordered to Pay EEOC’s Attorney Fees

The EEOC recently announced that it was awarded nearly half a million dollars in attorney fees after a court found that an employer (the Jewel-Osco grocery store chain) violated a consent decree....more

The Dangers of Consent

Once an employer agrees to a Consent Decree with the EEOC (and a court enters the decree), that EEOC dispute is over, right? Oh no. The Consent Decree gives the EEOC a new enforcement tool; with any new act of...more

114th Congress Introduces Bill to Amend Endangered Species Act of 1973

On January 28, 2015, Congressman Bill Flores (R-TX) introduced House Bill H.R. 585, which seeks to amend the Endangered Species Act of 1973 (ESA) to establish a new procedure for approval of certain stipulated consent decrees...more

Justice Department Settles Sexual Harassment and Retaliation Suit Against the State of Maryland, Queen Anne’s County, and the...

WASHINGTON - The Justice Department announced today that it has entered into a consent decree with the state of Maryland and the Queen Anne's County Sheriff. If approved by the court, the settlement will resolve Murphy-Taylor...more

St. Alexius Medical Center of Hoffman Estates To Pay $125,000 to Resolve EEOC Disability Suit

Hospital Fired Employee With Cognitive Disabilities Rather Than Reasonably Accommodate Her, Federal Agency Charged - CHICAGO - St. Alexius Medical Center of Hoffman Estates will pay $125,000 to a former employee as...more

EPA and Sierra Club Reach Partial Settlement in Ozone SIP Litigation

The U.S. Environmental Protection Agency (EPA) and the Sierra Club have entered into a proposed consent decree that would partially resolve a lawsuit brought by the Sierra Club against the agency. Notice of the proposed...more

Court Rejects AG-Approved Partners HealthCare Acquisitions

It took three years for Massachusetts hospital giant Partners HealthCare System to negotiate the state attorney general’s approval of its plan to acquire three more hospitals to add to its current 12. But last Thursday a...more

Another Employer Pays For “Sorry, I Can’t Go”

Last October, I posted about a consent decree entered into between Wal-Mart and the Equal Employment Opportunity Commission, in which Wal-Mart agreed to pay $72,500 to candidate for a store job in Maryland whose offer was...more

NY Department of Financial Services Settles With Auto-Dealer

On December 19, the New York Department of Financial Services announced a recent settlement with a Long Island-based auto lender to resolve allegations of violations of several consumer protection laws including the DFA,...more

FCC Enforcement Monitor

Headlines: - Sponsorship Identification Violation Yields $115,000 Civil Penalty - $13,000 Increase in Fine Upheld for Deliberate and Continued Operation at Unauthorized Location - FCC Reduces $14,000...more

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