Wait, that’s covered? Insurability of Fines and Penalties Flowing From a Cybersecurity Breach
FCPA Compliance and Ethics Report-Episode 31-the FCPA Year in Review, Corporate Enforcement Actions
FCPA Compliance and Ethics Report-Episode 30-Interview with the FCPA Professor-Part 2
Condo complaints not in writing?
Health Data on Leased Photocopier Costs Company $1.2m—What Others Can Learn
The SEC recently announced the settlement of multiple enforcement actions for violations of its whistleblower protection rule, which prohibits “any action to impede an individual from communicating directly with the...more
Pillsbury’s communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others....more
The New York Attorney General (“AG”) and New York Department of Environmental Conservation Commissioner (collectively, “AG”) announced in a September 14th news release the convictions of ALPCO Recycling, Inc., Alton Plumb,...more
It’s not only the cost of eggs that is increasing. The U.S. Department of Labor (DOL) has published in the Federal Register the annual increases in civil money penalties required by the Federal Civil Penalties Inflation...more
Report on Patient Privacy 22, no. 5 (May, 2022) - Compared to other agencies, the HHS Office for Civil Rights (OCR) is a little fish in the big federal pond, but it has an outsize effect on HIPAA covered entities (CEs) and...more
A defendant who violates the FCA can be liable for treble damages plus a civil penalty of $5,500 to $11,000 (adjusted for inflation) for each false claim. Meanwhile, FCA lawsuits often involve tens of thousands of alleged...more
The Eleventh Circuit recently ruled that the Excessive Fines Clause applies in declined qui tam cases. That is the good news. However, the Eleventh Circuit also upheld a judgment where the ratio of total liability to actual...more
The Federal Trade Commission is closing out the year with vigorous enforcement of the Hart Scott Rodino Antitrust Improvements Act of 1976 (“HSR Act”) by imposing fines totaling nearly $2 million. On December 22, 2021, the...more
State legislatures continue to pass laws designed to enhance pay equity and transparency, with the laws of California and Colorado effective in 2021. The California law requires employee pay data reporting by race and gender,...more
In a remarkable decision, the UK ICO has issued British Airways ("BA") with a £20m fine, in connection with a data breach affecting more than 400,000 customers. This is a significant reduction from the £183m the ICO had...more
Novartis Pharmaceuticals Corporation (Novartis) recently entered into a civil settlement agreement with the Department of Justice (DOJ) to resolve allegations that the company paid health care practitioners (HCPs) who spoke...more
Two courts recently answered “yes,” finding that environmental claims brought against reorganized debtors by government entities were discharged under confirmed Chapter 11 plans of reorganization. In In re Exide Techs., 613...more
The insurability of civil fines imposed by the California Attorney General under the California Consumer Privacy Act ("CCPA" or "the Act") has been an area of significant concern since the CCPA's enactment in 2018. The issue...more
CEP Magazine, December 2019 - Big business in emerging markets often involves paying off the officials in charge of critical applications processes, or purchasing and beneficial tax arrangements. Over the years, many...more
Q1/ Applicable legislation (a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation? Old legislation has been updated. ———...more
Report on Supply Chain Compliance 2, no. 20 (Oct. 24, 2019) - The United States Federal Trade Commission (FTC) issued a monetary penalty for “greenwashing” last month, the first such penalty imposed on a company for falsely...more
With the advent of California’s Private Attorneys General Act of 2004 (PAGA), employees can step into the shoes of a state attorney general and bring lawsuits against their employers, seeking civil penalties for Labor Code...more
The bill to amend the Anti-Monopoly Act (the "AMA"), that includes the enhancement of a surcharge (i.e., administrative fine), has passed on June 19, 2019.1 It will be effective no later than from December 25, 2020. The...more
As part of San Francisco’s ongoing energy efficiency push, the Board of Supervisors passed, and the Mayor signed, legislation that expands energy performance disclosure and benchmarking requirements to multifamily residential...more
Firms will need to ensure their systems and controls to prevent financial crime and money laundering are working effectively: this is just part of the message contained in the FCA’s Business Plan for 2019/20. The Business...more
Q4 Update: Overview of Cartel Investigations - Although 2018 saw guilty pleas and new indictments in several ongoing Department of Justice (DOJ) investigations, the year finished by continuing a downward trend in antitrust...more
Indiana GOP lawmaker and Chamber of Commerce join forces to support a bill to require a penalty for workplace fatalities of $100,000 per employee killed. House Bill 1341, authored by GOP lawmaker Martin Carbaugh, was filed on...more
ANTICORRUPTION DEVELOPMENTS - SEC Proposes Amendments to Whistleblower Award Program - On June 28, 2018, the Securities and Exchange Commission (SEC) proposed amendments to its whistleblower award process for the first...more