Consent Decrees

News & Analysis as of

T-Mobile Agrees to Pay FCC $17.5 Million to Settle 911 Outage Investigation

On July 16th, the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) reached a $17.5 million Consent Decree with T-Mobile to resolve an investigation into two separate but related 911 service...more

Should Feds Regulate Persistent Identifiers as Personal Information?

Recently, the Federal Trade Commission settled an action it had brought against Nomi Technologies, a provider of “in-store analytics” technology. The fact that the action was brought against Nomi to begin with, considering...more

TerraCom & YourTel Reach $3.5 Million Settlement With FCC over Alleged Privacy, Data Security, and Lifeline Violations

On July 9th, the Enforcement Bureau (EB) of the Federal Communications Commission (FCC or the Commission) reached a $3.5 million Consent Decree to resolve an investigation into whether TerraCom, Inc. (TerraCom) and YourTel...more

Beveridge & Diamond Secures Major Clean Water Act Ruling in U.S. Court of Appeals for Seventh Circuit

On July 9, 2015, Beveridge & Diamond secured a unanimous published opinion from the U.S. Court of Appeals for the Seventh Circuit rejecting a citizen suit challenge under the Clean Water Act. Beveridge & Diamond represented...more

Music Streaming Rights Are Included in ASCAP’s Licenses - American Society of Composers, Authors and Publishers et al. v. Pandora...

The U. S. Court of Appeals for the Second Circuit affirmed a district court ruling that composers and music publishers cannot partially withdraw from the American Society of Composers, Authors and Publishers (ASCAP) licensing...more

Unpacking the TracFone Cellphone Unlocking Settlement

On June 30th, the Federal Communications Commission’s (FCC’s or the Commission’s) Enforcement Bureau (EB) reached a projected $3.2 million consent decree to resolve an investigation into whether TracFone, the nation’s largest...more

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

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