News & Analysis as of

Failure to Report

DLA Piper

First PDPA Enforcement in Thailand: A Landmark Case

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On August 21, 2024, the second expert committee appointed under the Thai Personal Data Protection Act (PDPA) of 2019, issued an administrative fine to a major private company involved in online sales. The company allowed a...more

Foley & Lardner LLP

Oops! My Company Failed To File Its EEO-1 Report; Now What?

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As we reported last month, the U.S. Equal Employment Opportunity Commission’s (EEOC) extended deadline to file a 2023 EEO-1 Component 1 report (for covered entities) was July 9, 2024. That date now behind us, what’s a company...more

Bowditch & Dewey

Spousal Relief From Joint Tax Liability

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As a general rule, when a married couple files a joint tax return, they are jointly and severally liable for the entire tax. But what happens if one spouse failed to report income and the other spouse did not know or have...more

Fox Rothschild LLP

Like Big Foot, A “Sheridan” Sighting

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There is a case called Sheridan, that requires judges to report the failure to report income to the proper authorities. Like Big Foot and the Lochness Monster, many people have heard of a Sheridan, but few have actually seen...more

Constangy, Brooks, Smith & Prophete, LLP

SolarWinds case could establish SEC liability for CISOs

On October 30, 2023, the Securities and Exchange Commission filed a securities fraud claim in federal court in the Southern District of New York against SolarWinds Corporation as well as its Chief Information Security...more

Wiley Rein LLP

NCE Broadcaster Fined $9K for Issues/Programs Report Violations

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There are certain regulatory “perks” to being a non-commercial educational (NCE) broadcaster, such as not paying regulatory fees. There are also certain regulatory drawbacks (looking at you, underwriting rules). One thing in...more

Axinn, Veltrop & Harkrider LLP

Senator Ted Cruz Takes A Trip Down FTC Memory Lane

A little-known fact is that Senator Ted Cruz spent time at the FTC during a time when there were, as he reflects, certain bipartisan efforts. One of his most important projects during his time there was his association with...more

Morrison & Foerster LLP

Top 5 SEC Developments (September 2023)

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In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important SEC enforcement developments from the past month, with links to primary resources....more

Foley Hoag LLP - Public Companies & the Law

SEC Launches Enforcement Sweep for Violations of Section 13(d) and Section 16

On September 27, 2023, the SEC announced a series of enforcement actions against six officers, directors and major stockholders of public companies, as well as five companies, for repeated failures to report information...more

Weber Gallagher Simpson Stapleton Fires &...

New Jersey Appellate Court Addresses Application of Affidavit of Merit Negligence Claim Against A Physician

On August 30, 2023, a New Jersey appellate panel issued an opinion in M.M. v. Atl. Health Sys., 2023 N.J. Super. Unpub. LEXIS 1489 (App. Div. Aug. 30, 2023) clarifying the affidavit of merit requirement pertaining to suits...more

Cozen O'Connor

Whirlpool Fined $11.5M for Failing to Notify of Faulty Cooktops

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In a unanimous vote, the U.S. Consumer Product Safety Commission (CPSC) approved a settlement with Whirlpool Corp., which requires Whirlpool to pay $11.5 million in civil penalties for allegedly ignoring reports from...more

Health Care Compliance Association (HCCA)

Florida Web Designer Settles with DOJ on 2020 HealthyKids.org Medicaid Breach

A Florida communications firm and its owner agreed to pay $293,771 to resolve False Claims Act (FCA) allegations that they failed to secure personal information on a federally funded Florida children’s health insurance...more

Constangy, Brooks, Smith & Prophete, LLP

3 strikes, and this employer is OUT!

Firm must go to trial on same-sex harassment claim. If one employer's swings and misses can help other employers -- this case is a grand slam. An executive recruiting firm hired a kid right out of college to work out of its...more

Vicente LLP

Rise in Michigan Cannabis Regulatory Agency Enforcement Actions Signals Importance of Operational Compliance

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Each month, the Michigan Cannabis Regulatory Agency provides Disciplinary Action Reports (DAR) detailing the formal administrative complaints and disciplinary actions against adult-use and medical marihuana licensees. The...more

Lerch, Early & Brewer

10% Tax for Early Withdrawal from IRA is not a Penalty Requiring an IRS Supervisor’s Approval

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Grajales v. Commissioner - In Grajales v. Comm’r of Internal Revenue, the United States Court of Appeals for the Second Circuit addressed whether the ten percent exaction under Section 72(t) (Exaction) is considered a...more

Lerch, Early & Brewer

Tenth Circuit Affirms Deficiencies, Penalties for Offshore Income

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Harrington v. Commissioner - In Harrington v. Commissioner of Internal Revenue, George S. Harrington (Harrington) challenged tax deficiencies and fraud penalties assessed for tax years 2005 through 2010. Originally...more

Davies Ward Phillips & Vineberg LLP

Federal Courts Weigh in on the FBAR: Providing Relief from Outrageous Penalties

In this bulletin, we highlight two recent federal court cases in which U.S. taxpayers won major victories against the United States with respect to their obligations to report non-U.S. accounts on FinCEN Form 114 – Report of...more

Foley Hoag LLP

Product Liability Update - January 2023

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MASSACHUSETTS - Massachusetts Federal Court Holds State Law Claims Alleging Misleading “Rapid Release” Labeling Of OTC Acetaminophen Tablets Preempted By Federal Food, Drug, And Cosmetic Act, As Tablets’ Dissolution Rate...more

Jackson Lewis P.C.

New OSHA Enforcement Guidance Promises Steeper Penalties for Employers

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The Occupational Safety and Health Administration (OSHA) has announced two enforcement guidance changes with the goal of deterring violations by substantially increasing the penalties certain employers may face for alleged...more

WilmerHale

Proposed Changes to CMS Regulations May Impact False Claims Act Liability for Medicare Overpayments

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The Centers for Medicare & Medicaid Services (CMS) proposed a rule late last year that would impose standards on healthcare providers and suppliers to report and return overpayments from Medicare that mirror aspects of the...more

Steptoe & Johnson PLLC

CMS Proposes Amendment to Overpayment Rule

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The Centers for Medicare and Medicaid Services (CMS) has proposed a new amendment that could significantly modify the standard governing identification of overpayments by providers....more

Womble Bond Dickinson

Peloton Pays CPSC $19 Million for Failure to Report and Reselling Recalled Products

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As 2022 came to a close, the U.S. Consumer Product Safety Commission (CPSC) had one last order of business. On December 28, 2022, the CPSC provisionally accepted a settlement agreement with Peloton Interactive, Inc....more

Burr & Forman

Ninth Circuit Finds Reliance on CDIA Guidance Acceptable and Affirms Summary Judgment on FCRA Claim

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In Mitchell v. Specialized Loan Servicing LLC, 2022 WL 17883609 (9th Cir. Dec. 23, 2022), the Ninth Circuit affirmed the district court’s dismissal of FCRA and related state law claims based on a mortgage servicer’s alleged...more

Wiley Rein LLP

Amended Complaint Adding Allegations and Defendants Not an Independent Claim

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The United States Court of Appeals for the Seventh Circuit, applying Illinois law, has affirmed that a claims-made D&O policy does not afford coverage where the insured failed to report a lawsuit when made and reported only...more

Vinson & Elkins LLP

DOJ Can’t Force Ex Post Facto FARA Registration, Court Says

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On October 12, 2022, the U.S. District Court for the District of Columbia dismissed the civil Foreign Agents Registration Act (“FARA”) enforcement action against casino developer and former Republican National Committee...more

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